|Timothy Brian Cole|
|Born||July 1, 1960
|Died||December 2, 1999(aged 39)|
|Rape (posthumously overturned)|
|Criminal status||Died in prison|
|Parents||Ruby Cole Session (Mother) DeWitt R. Session (Father, deceased)|
Cole attended two years of college followed by two years of service in the U.S. Army. After his Army service, he returned to college at Texas Tech in Lubbock. Cole died after serving 14 years in prison, but was posthumously pardoned.
Crime and aftermath
Cole was convicted by a jury of rape, primarily based on the testimony of the victim, Michele Mallin. He was sentenced to 25 years in prison. While incarcerated, Cole was offered parole if he would admit guilt, but he refused.
Another man, Jerry Wayne Johnson, confessed to the rape in 2007. Further, Mallin later admitted that she was mistaken as to the identity of her attacker. Mallin told police that the rapist smoked during the rape. However, Cole never smoked because of his severe asthma. DNA evidence later showed him to be innocent.
Cole died in prison on December 2, 1999, during an asthma attack. His family and the victim, through the Innocence Project of Texas, sought to clear his name. On February 6, 2009, a Texas district court judge announced "to a 100 percent moral, factual and legal certainty" that Timothy Cole did not commit the rape. The judge, Charlie Baird, reversed the conviction and ordered Cole's record expunged. It was the first posthumous DNA exoneration in the history of the state of Texas. Cole's exoneration led to numerous changes in Texas law.
Johnson confirmed in court that he was the rapist and asked the victim and Cole's family to forgive him. "It's been on my heart to express my sincerest sorrow and regret and ask to be forgiven," said Johnson, who is serving life in prison for two other 1985 rapes. However, Johnson cannot be charged in the Mallin case because the statute of limitations has expired.
The Texas Senate passed legislation to exonerate Cole. The Texas House of Representatives bill passed through committee and then the full house. After that, it went to Governor Rick Perry to be signed into law. Another bill, named after Cole, was passed by the legislature and sent to the governor on May 11, 2009. It made those who are falsely convicted of a crime eligible for $80,000 for each year of incarceration and provide them with free college tuition. The bill also established the Timothy Cole Advisory Panel on Wrongful Convictions. A panel set up to study the causes of wrongful convictions and to devise ways of preventing them is to report to the Texas governor no later than 2011. While Rick Perry stated he wanted to issue a pardon, he felt that he was not legally able to do so. However, on January 7, 2010, Texas Attorney General Greg Abbott issued an opinion which cleared the way for the governor to pardon Cole. On March 2, 2010, Governor Rick Perry granted Timothy Cole the state's first posthumous pardon.
On February 3, 2012, on the third anniversary of Cole's exoneration, the State of Texas unveiled a historical marker at his grave. In June 2012, the Lubbock City Council voted to honor Cole with a memorial. The $250,000 19ft bronze and granite statue, paid for by local attorney Kevin Glasheen, is located at 2500 19th street in Lubbock Tx. The Statue is the first of its kind to recognize a wrongfully convicted person.
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- TX CIV PRAC & REM § 103.052
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- Texas: The Kinder, Gentler Hang 'Em High State (Texas' Tim Cole Act to Help Wrongfully Convicted) (TIME)