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Use This Release : Man to Face 5th Trial Despite Court’s Ruling

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The Los Angeles County district attorney’s office announced Thursday that a 23-year-old Compton man whose 1981 murder conviction was overturned by a state appeal court on Tuesday will be tried a fifth time.

Tony Cooks will be tried again for the murder of John Franklin Gould, a crippled 42-year-old Paramount man, whom three youths beat, stabbed and shot in January, 1980.

Cooks contends that he was visiting a county probation officer at the time of the murder and has said in court that he believes that a neighbor who resembles him may be the real killer.

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“We are convinced more than ever after our second investigation that we have the right guy,” Jeffrey C. Jonas, a supervising deputy district attorney, said through a spokesman.

Told of the new trial, Cooks’ attorney, Barry Tarlow, said, “Some prosecutors think it is more of a challenge to convict innocent people.” Tarlow added that it is “unfortunate that the prosecutor’s office cannot admit making a mistake.”

Cooks said he was surprised at the decision. “I don’t know what to say. Whoever heard of being tried five times? I’m ready. I know I’m innocent.”

A new trial date is expected to be announced within 30 days.

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