ROY MAYNARD, rmaynard@tylerpaper.com
(TYLER MORNING TELEGRAPH) - Kerry Max Cook was back in court on Friday, requesting a determination of “actual innocence” in the murder of Linda Jo Edwards.
Visiting Judge Jack Carter of Texarkana listened to oral arguments from both sides, and says he’ll make a decision in coming weeks.
Although Cook was convicted of Ms. Edwards’ 1977 death and sent to death row twice, his conviction was set aside in June through an agreement between Cook’s attorneys and the Smith County District Attorney’s Office.
Friday’s hearing was seeking something more - a ruling that he’s innocent of the crime. Judge Carter will make a recommendation to the Texas Court of Criminal Appeals, and that court will have the final say. At stake is an estimated $1.6 million in restitution the state would have to pay him if he gets that determination of actual innocence.
But Assistant District Attorney Keith Dollahite said that’s an extremely high bar to meet. “Mr. Cook must prove by clear and convincing evidence that no reasonable juror could have found him guilty in light of the new evidence,” Dollahite argued. “Meeting that burden is a herculean task. New evidence that merely muddies the waters is not enough.”
But Cook’s attorney, Mark Bennett of Houston, argued that there’s clear evidence that someone else committed the murder - James Mayfield, who was having an affair with Ms. Edwards.
“June 8, 1977 was James Mayfield’s birthday,” Bennett said. “He went to Ms. Edwards’ home and they had sex. That day, Mr. Mayfield told friends that Ms. Edwards has ruined his life… That’s the night that Ms. Edwards died.”
The motivation was simple, Bennett argued.
“Mr. Mayfield has told us he realized he had a problem,” Bennett said. “He realized if he saw her, he would have sex with her. If his wife found out, it would end his marriage, and that was important to him.”
Bennett pointed out that Mayfield had lied about when the affair ended for four decades, and only answered truthfully when offered a letter of immunity by Smith County District Attorney Matt Bingham.
There’s also an explanation for the brutal nature of the murder, and the sexual mutilation of her corpse, Bennett said. Mayfield had seen a book titled “The Sexual Criminal: A Psychoanalytical Study” by Paul de River, which described such killings in detail. That book was in the library at what’s now the University of Texas at Tyler, where Mayfield worked.
“We can understand why he would lie for 40 years about the last time he had sex with Linda Jo Edwards,” Bennett said. “That was about saving his marriage. But why lie about this book for 40 years? The reason is he used this book to make it look like Linda Jo Edwards was the victim of a sexual criminal.” That’s because as her lover, Mayfield knew suspicion would automatically fall on him.
“This isn’t a little white lie, this is a lie that sent a man to death row twice,” Bennett said. “He was willing to let his lies be used to kill Mr. Cook. The way I look at this case… a jury could not convict Mr. Cook beyond a reasonable doubt.”
Arguing for the state, Dollahite countered that there’s still substantial evidence of Cook’s guilt.
“There have been many allegations made about James Mayfield,” Dollahite said. “Mr. Mayfield was the subject of the same allegations in 1978, in 1992, and 1994. Every bit of information been submitted to the court and argued by Mr. Cook’s lawyers over the years.”
Three pieces of evidence remain, Dollahite said. Cook’s fingerprints were found inside Ms. Edwards’ apartment.
There’s eyewitness testimony from Ms. Edwards’ roommate, Paula Rudolph, who has testified that she saw a man she believed to be Cook in Ms. Edwards’ room on the night of the murder.
And there’s a statement from a deputy who says Cook confessed to him in an elevator during the trial.
“My job is to weigh the testimony against new evidence,” Judge Carter told the attorneys. “Those are the three things I’ve got to decide the important of, and whether or not the new evidence is to overcome that evidence of guilt.”
Throughout the hearing, Cook looked studious and concerned. As testimony wrapped up, he motioned for his attorney - who was brought in just two weeks ago, after Cook fired his Innocence Project legal team - to confer.
“Mr. Cook has asked me to add that (with) Mr. Mayfield not telling truth, deliberately concealing for 40 years the actual end of his relationship with Linda Joe Edwards, that Mr. Mayfield doesn’t just look good for this, Mr. Mayfield killed her,” Bennett said
