By Vanessa E. Curry

Today marks the first anniversary of Kerry Max Cook’s exoneration, a key decision in the former Texas death row inmate’s efforts to receive compensation for his wrongful conviction.

That compensation, however, remains in limbo as Cook continues to pursue a federal lawsuit against the City of Tyler, Smith County, former law enforcement officials and others he claims conspired to convict him for the 1977 murder of Linda Jo Edwards.

Defendants in that civil suit deny the conspiracy accusation and are asking a judge to dismiss the case, claiming (among other arguments) there is no evidence to support Cook’s claim.

A judge is considering the request to dismiss the case against some of the defendants after hearing arguments earlier this year, according to court records.

The lawsuit also raises questions of whether Cook is entitled to seek compensation in a federal court since Texas law already provides compensation for those exonerated. Cook, 69, is eligible to receive a lump sum of about $3.2 million, an annual annuity, and other benefits from state coffers.

He has three years from the date of his official exoneration to apply for those state funds. By law, those who have receive state compensation are barred from also seeking compensation via a federal lawsuit.

Defendants contend Cook should be required to declare whether he intends to seek the state compensation, according to court records.

Cook has said the lawsuit is “not about the money,” but an effort for the defendants to be held publicly accountable for their misconduct. He is requesting a jury trial.