1 L E D
Cause No. 1-77-179
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THE STATE OF TEXAS § IN TH
CLERK
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§ •RT SMITH CO Ty
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KERRY MAX COOK § SMITH COUNTY, TEXAS
ER ON MOTION FOR DNA TESTING
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On this/Cz day of Aoguat, ami, came to be heard matters pertaining to a motion for DNA
testing under Criapter 64 of the Texas Code of Criminal Procedure filed by the defendant, Kerry Max
Cook. Pursuant to Art. 64.03 of the Code of Criminal Procedure the Court makes the following
findings:
1. The State has, within the time frame imposed under Art. 64.02 (a) (2) of the Code
of Criminal Procedure, constructively delivered to the Court evidence of the offense
of Murder under this cause. By order of the Judge John Ovard, Presiding Judge of the 1st
Administrative Judicial District, this evidence has been maintained by the Smith County
Criminal District Attorney's office until such time as it is ordered to be delivered to the
Court or sent for testing.
2. The State has further provided this Court with written reports concerning the
condition of this evidence, the chain of custody of the evidence, and its suitability for DNA
testing as required by Art. 64.02 (a) (2) (A) of the Code of Criminal Procedure.
3. On August 6, 2012, Judge John Ovard, Presiding Judge of the 1" Administrative
Judicial District, issued an order of assigning this case to the 114lh District Court of Smith
County, Texas, Judge Christi Kennedy, presiding.
4. The evidence uncovered by the State still exists and is in a condition making DNA
testing possible.
5. A sufficient chain of custody for this evidence exists to establish that it has not been
substituted, tampered with, replaced, or altered in any material respect.
6. Identity was an issue in the case.
7. The defendant has shown by a preponderance of the evidence that he would not have
been convicted if exculpatory results had been obtained through DNA testing; and the request
for the proposed DNA testing is not made to unreasonably delay the execution of sentence
or administration of justice.
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8. Other evidence in this case, which was found in storage at the Southwestern Institute
of Forensic Sciences and the Texas Depailment ofPublic Safety Lab, was previously ordered
by Judge John Ovard, Presiding Judge of the 1st Administrative Judicial District, on
May 4, 2012, to be sent to Orchid Cellmark, 13988 Diplomat Drive, Dallas, Texas 75234,
for DNA testing.
9. Said evidence pertinent to this order consists of the following:
Item 1: Hair found next to the victim's right hand
Item 2: Victim's bedspread and pillow
Item 3: Cigarette butts found in the victim's ashtray
Item 4: Vacuumed items from area of floor between victim's legs
Item 5: Victim's blouse
Item 6: Knife collected at the crime scene
10. The Court orders that the items of evidence listed above and currently in possession
of the Smith County Criminal District Attorney's office should be sent to Orchid Cellmark,
13988 Diplomat Drive, Dallas, Texas 75234, for DNA testing.
SIGNED ON THIS DAY OF
, nj rt -iWZ wv UJH^ HONORABLE CH
Judge, 114lh District Court
SMITH COUNTY, TEXAS
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