A man who spent almost 20 years on death row in Texas has been declared innocent, with a judge calling his case 'riddled with allegations of State misconduct'.
Nearly 47 years ago, Kerry Max Cook, 68, was accused of murdering Linda Jo Edwards, then 21, in 1978.
Edward was found brutally murdered and mutilated in her bedroom in an apartment complex in Tyler, Texas, USA back in 1977, and Cook lived in the same complex.
Advert
A set of fingerprints on Edwards' sliding patio door at her home were claimed to have matched Cook's, with star witness at the first trial in 1978, Edward Scott Jackson, testifying that Cook told him that he'd murdered Edwards.
Cook had his conviction overturned in 1991, with his second trial ending in mistrial a year alter, while a third in 1994 ended with a new conviction and death sentence.
But on this rollercoaster of a journey, the Texas Court of Criminal Appeals found that that Cook's due process had been violated, again overturning his conviction in 1996.
Advert
Prior to a fourth trial in 1999, Cook agreed to take a 'no contest' plea deal, where he would be sentenced to 20 years behind bars but was freed after time served, however, his conviction would remain.
That same year, DNA testing on Edwards' underwear didn't match Cook.
Jackson later went back on his claims, saying that he lied in exchange for a reduced sentence, as per CNN.
The claim about the fingerprints was also later debunked after scientific analysis and an expert testimony.
A sergeant that was said to be a fingerprinting expert revealed that he was pressured by the District Attorney's office to say that the fingerprints were fresh, report the Death Penalty Information Center.
Advert
It was also found that police destroyed human hair, which would have given Cook substantial evidence that would have helped in his case.
The Texas Court of Criminal Appeals found Cook to be 'actually innocent', with a
member of Court, Justice Bert Richardson, saying on Wednesday (19 June) that these actions as 'beyond gross negligence' that goes 'into the realm of the intentional deception against the tribunal'.
In August 2016, the trial court recommended Cook to be granted relief based on the false testimony, but that the new evidence did not prove his innocence - though Judge Richardson decided on Wednesday (19 June) that he disagreed.
Advert
He stated that in the court's opinion, the case was 'riddled with allegations of State misconduct that warrant setting aside Applicant's conviction'.
He added: "And when it comes to solid support for actual innocence, this case contains it all - uncontroverted Brady violations, proof of fake testimony, admissions of perjury and new scientific evidence.
"The State merely has to prove guilt beyond a reasonable doubt - which the State could never achieve in this case.
Advert
"Cook should therefore not have to prove his innocence beyond all doubt.
"After being incarcerated on death row for almost 20 torturous years, we hold that Cook has met the burden required for actual innocence and relief is hereby granted."
Cook's attorneys were overjoyed, through said that the situation 'chronicles the state's outrageous and unrelenting misconduct.'
The appeals court said that it did not hold the current prosecutors 'in any way responsible for the past events in this case'.
Joshua Nair