Kerry Cook, the man who was twice convicted but later freed of charges for the 1977 rape and murder of an East Texas woman, is heading back to court.

On monday, visiting judge John Ovard granted a motion for more DNA testing in the 35-year-old murder case.

Cook believes the DNA will prove him innocent.

Smith County District Attorney Matt Bingham says he isn't opposing more testing at this time.

However, Judge Ovard denied a motion asking Judge Christi Kennedy to recuse herself from the case.

He also denied another order requesting that the trial be tried in another court out of Smith County.