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It came over the news today (04/10/12) Kerry Max Cook will be allowed to compare his DNA with that found at the crime scene where a murder was committed in 1977, 35 years ago in Tyler Texas. That day several apartment tenants in the complex where he lived were gathered around the pool, all in a good mood. Kerry was the only one fully dressed. He had been in Dallas the previous weekend visiting some gay friends and buying some new clothes. Young, handsome, 22 year old, Kerry was proud of the way he looked in those new clothes. They had style and he looked good in them.
The victim of the murder, Linda Joe Edwards, left the pool area early and went to her apartment, she was expecting company… The next day she was found dead in a bloody scene indicating a struggle. Her rent and expenses were being paid by an influential local citizen who was using her as his mistress.
Kerry Max was charged with the murder but there was no evidence indicating his involvement. In the trial, Kerry was tried for “being gay.” He went to gay bars in Dallas and had gay friends and therefore concluded the prosecutor, judge and jury, hated women and that was the motive for the murder. Kerry was convicted and sent to death row at the Ellis Unit in Huntsville.
Trial errors resulted in a second trial but with the same prosecutor, court and atmosphere in Smith County, he was returned to death row. There he languished for another decade insisting his innocence and running out of hope. The second trial was as faulty as the first so a way was found to have a third trial but this time all the evidence left was the DNA and the prosecution did not want that presented so an offer was made to the growing older man who had been locked up since he was 22. By pleading guilty, Kerry’s sentence would be reduced to “time served” and he would be released.
This is not a new story. It was told in Tim Robin’s play and movie production: “Exonerated”. Kerry Max Cook is now grey, a little stooped but vigorous in his opposition to the death penalty and on behalf of the wrongfully convicted.
It is never said that Kerry Max Cook’s story is about prejudice against GLBT people. It is of no concern to Lambda Legal or other GLBT law associations. Those groups are just not available to help Kerry or other wrongfully convicted GLBT defendants. The Innocence Project, KPFT’s The Prison Show are his only advocates. The straight politicians who regularly seek and get gay community endorsements are not concerned about Kerry Max Cook and the issues raised by his case. They easily toss out legislation that sounds good but has no chance of being taken seriously but they do not get involved in outrageous, homophobic abuses like that experienced by Kerry Max Cook.
There are other issues: when was the time some straight politician told the community that in the prosecution of age of consent cases the same sex couples need the same “Romeo & Juliet” protections enjoyed by heterosexual couples and was willing to propose and push that legislation. When did GLBT lawyer associations express an interest working on those issues?
The next time you think you are well represented in Austin, think again.
