WRIT NO. l-77-l79-A TRIAL COURT NO, 1-7’7—179 EX PARTE § IN THE DISTRICT COQV «[3: § § 114TH JUDICIAL COURT . § KERRY MAX COOK § SMITH COUNTY, TEXAS ADDITIONAL EXHIBITIN SUBPORTjDF APPLICATION FOR WRIT OF HABEAS CORPUS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES the Applicant, KERRY MAX COOK, and submits the following additional exhibits in support of Application for Writ of Habeas Corpus: 1,, Affidavit from Gregg O. McCrary. Respectfully submitted, GARY A. UDASHEN Bar Card No. 20369590 BRUCE ANTON Bar Card No. 01274700 SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road, Suite 250 Dallas, TeXas 75201 214-468-8100 214-468-8104 fax www.sualaw.com gau@s_ualaw.com For The Innocence Project of Texas -and- - Additional Exhibit in Support of Application for Writ of Habeas Corpus Page 1 NINA MORRISON BARRY SCHECK INNOCENCE PROJECT, INC. 40 Worth Street, Suite 701 New York, New YOrk 10013 214-364-5340 214-364-5341 (Fax) Of Counsel Attorneys for Kerry Max Cook CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and Correct copy of the foregoing Applicant’s Additional Exhibits In Support of Application for Writ of Habeas Corpus Was mailed to the following individuals, on this the 27th day of May, 2016: D. Matt Bingham Criminal District Attorney 100 N. Broadway, 4th Floor Tyler, Texas 75702 Michael J. West Assistant Criminal District Attorney 100 N-. Broadway, 4th Floor Tyler, Texas 75702 ’ Keith Dollahite Special Prosecutor 5457' Donnybrook Avenue Tyler, Texas 75703 Allen Gardner Special Prosecutor 102 N. College, Suite 800 Tyler, TeXas 75702 4" GARY A. UDASHEN Additional Exhibit in Support of Application for Writ of Habeas Corpus - Page 2 AFFIDAVIT OF GREGG O. MCCRARY ‘ own! and EX e’fi’efi‘cé, : , I have been professionally involved in violent crime investigations for more 7 than 45 years including 25 years as an FBI Agent. In that Capacity, I investigated violent crimes as a field agent fOr approximately 17 years and then was promoted and transferred. to the FBI Academy in Quantico, Virginia as a Supervisory Special Agent where. I worked in the National Center far the Analysis, of Violent Crime (NCAVC). There I was assigned to the operational wing of the. Behavioral Science Unit where my primary responsibility was to provide expertise in investigative techniques and crime sceneanalysis in violent crime. inVestigati'ons both to FBI field agents as well as to any law enfOr‘cement agency around the world that requested FBI as$istanCe. My other responsibilities included conducting research into violent and sexually violent crimes and offenders-and providing training to law enforcement agencies nationally and internationally. I have investigated more than 1,000 homicide cases andnumerOusrape cases, (including serial rapes), and other Sex Crimes nationally and internationally. Included among the agencies which I.have trained and/ or worked with oniviolent crime investigations ‘are the followingg‘The New YOrk City Police Department, The New York State Police, The Texas Rangers, The» Boston Police Department, The King County Polite in S.eattle,.The Florida D'Epartment of Law EnfOrcement, the California Attorney General’s Office, Georgia Bureau of Investigation, The Massachusetts State Police,- The Kansas City MissOur-i Police-and the Maricopa County Sheriffs Office in Arizona. Included among the international agencies with which I'have worked cases and/ or provided training are the fOIIOWing; Scotland Yard, The Cuerpo Nacional De Policia in Spain, The Policia Judiciare‘in Portugal, The Hungarian National Police, Budapest. Homicide, The French National Police, The Dutch National Police, Oslo Police Homicide, The Segu‘ridad Publica in Costa Rica, The, Belize Police Department, The Royal Bahamas Police Force, The Metropolitan'Toronto Police, The Ontario Provincial Police, The Royal Canadian Mounted Police, The Austrian Federal Police, the Carabinieri in Italy and serial murder task forces in Australia and, Canada. I have testified befOre' select Senate Committees on Sexual Violence. in New York State. and Massachusetts. My formal education includes a Bachelor's degree. from Ithaca College. and a Master of’Arts degree. in Psychological Services from Marymount UniVersity. I‘haVe been an adjunct professor in the, graduate level FOrensic and Legal Psychology Program at Marymount UniVersity in Arlington, Virginia for over 15 years. I have co-authored an article on Stalking,1 was 'a contributing author to the FBI’s Crime Classification Manual-2' and contributed a chapter to the book Criminal Investigative Failures-3‘ I serve on the editorial reViewboard of two professional journals, The Ioufnal ofA'aareSsion and Violence and The lournal of Family Violence. My curriculum vitae isattached to this affidavit. I have reviewed the foll'OWin'g. material releVant to this case: TheWrit filed in this matter dated September 14, 2015» by Gary A. Udashen Dr.- lerty Landrumk Initial .1977 "Profile” Dr. Jerry Landrum's Grand Jury Testimony on September 19, 1977 Testimony of excerpt- of Mr. David. Gomez. from 11994 Testimony Excerpt of Virgil V. Gonzalez, MD. from 1994 Testimony Excerpts of Mr. Dusty Hesskew from 1992 and 1994. RepOrt'of StuartDowell, Texas Ranger case No. 77—25-519-0609-SD Homicide Trends 1980-2008, U. S. Department of Justice . “The Lust Murderer" by Robert Hazelwood. and John Douglas as puiShed in the FBI Law Enforcement Bulletin April 1980, Volume '49, Number 4. pages 18 -22 1 'ot Wright, IA, Burgess, A.G., Burgess, AW., Laszlo,A.T., McCrary, 6.0., Donglas, ].E.-, (1966) A .1 m ologz‘ lntemersonaIStalking: Journal of Interpersonal Violence, (11), [4) 487-501 ‘ 2 Douglas, 1., Burgess, A.W., Burgess, A.G, Ressler, R.K. (Eds). (1992') Crime Classi' catittinudl‘A Standard System forlnvestigating and Classifiging Violent Crimes: New York; Lexington Books, 3 Rossmo, K. (Ed) (2009)_Criminal lnvestiga‘tiveFailures: New York: CRC Press; :I Was asked to review the above material as it relates: to the “profile" entered into evidence in this case. It is my opinion that the profile as developed by Dr. Landrum and endorsed by Mr. Heskew and Mr. Gomezi'was constructed prematurely and is, flat wrong. A profile is an investigative tool thatmay be’offered only gjkr all logical. investigation has been exhausted and no suspecthas been developed. it is improper to offer a profile early in an‘investigation or without reviewing all investigative material, The original FBI article on Lust Murder makes this clear, stating that the profile of a Lust Murderer is best employed as an investigative tool, “..._butimust not alter, suspend, or replaCe prescribed investigative proCedures,"4 The profile and crime classification previously offered into evidence in this matter Was that of a luSt murder committed by a male who was homosexual or seXUally ambivalent. This is contrary to the FBI's findings that victims of lust murders are consistent With an offender’s rseXua'l orientation. That is, lust murderers who are heteroseXual males target female victims while homosexual lust murderers target male victims. Clinically, lust murder is a paraphilia known as Erotophonoph’ilia. Like other paraphjlic disorders it results in compulsive and repetitiVe behavior, therefore, lust murderers are most often serial killers. There‘is a multitude of examples of this phenomenon. For example, heterosexual lust murderers include Ted Bundy, who murdered andmutilated approximately 30 female victims; Edmund Kemper, who abdu_cted, murdered and mutilated several college women; H.H. Holmes, who murdered and mutilated approximately 27 Women in the.18910‘s in Chicago; and Jerry Brudos, who murdered and disfigured four female Victims between 1968-1969 in Oregon. Homosexual lust murderers include Jeffrey Dahmer', who murdered and dismembered 17 men and boys; Randy Kraft, who raped, tortured and mutilated at least 16 young men} and Dean Corll, who raped, tortured and murdered at heat 28 boys between 1970-1973 in Houston, Texas. 4 Hazelwood, R.-, Douglas, J, The Lust Murderer: .FBl Law Enforcement Bulletin Vol. 49 Issue: 4 dated; (April 1980 pg. 21) . Lust murders are rare. Intimate partner femici‘des, i.e.-, the killing of a woman by her intimate partner or former intimate partner, are not, There are numerous scientific-ally sound, empirically’validated studies that document the fact that women are far more likely to be murdered by an intimate partner than a stranger. A federal, study of homicides from 1980-" 2008 found that an intimate killed 63.7% of female homicide 5 victims, Homicides committed by intimates can involve attaCks to the sexually significant—areas of the victim, This is especially truein relationships where the offender has had a sexual relationship with. the victim, has a sense of entitlement over the victim and. feels threatened when that relationship ends and his sexual partnet is moving on to other relationships, This mind set is commonly referred "Ifl to as, canft have her, no one can." Such cases often result ”in death and sexual disfigurement of the: victim,» Forensic Psychiatrist Ronald Matkman has "Men written that, like this ,mtake'their Women into. such integral parts oftheir lives thatWhen the woman threatened to breakfr'ee, the: danger was not one of loss of love, buta loss of control that was psychically interpreted as potential less of 'life itself; Running or 'letting go’ away could not diSsipate the anxiety created by this anticipated loss. In fact, both of these steps wOuld only heighten the, anxiety. Unfortunately, violence usually is just What is needed. to dissipate the anxiety as well as restore control...Ps_ychically, the killer kills out of self-defense The Only'way he can preserve his psychic integrity and discharge the explosive anxiety within is to ‘ " restore control through the most extreme Violence."5 In addition to this is the reality that some who murder an intimate partner “stage” the crime and crime scene to appear to be a sexual homicide. (Therefore, investigators can never rush to judgment and make a threshold diagnosis or classification of a ’crime.