Tim Cole
Encyclopedia
Timothy Brian Cole was an African-American military veteran and a Texas Tech University
student wrongly convicted of raping
a fellow student in 1985.
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.
, Cole was offered parole if he would admit guilt, but he refused.
Another man, Jerry Wayne Johnson, confessed to the rape in 1995. Further, Mallin later admitted that she was mistaken as to the identity of her attacker. She stated that investigators botched the gathering of evidence and withheld information from her, causing her to believe that Cole was the perpetrator. 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.
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.
Texas Tech University
Texas Tech University, often referred to as Texas Tech or TTU, is a public research university in Lubbock, Texas, United States. Established on February 10, 1923, and originally known as Texas Technological College, it is the leading institution of the Texas Tech University System and has the...
student wrongly convicted of raping
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
a fellow student in 1985.
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
Lubbock, Texas
Lubbock is a city in and the county seat of Lubbock County, Texas, United States. The city is located in the northwestern part of the state, a region known historically as the Llano Estacado, and the home of Texas Tech University and Lubbock Christian University...
. 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 incarceratedIncarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
, Cole was offered parole if he would admit guilt, but he refused.
Another man, Jerry Wayne Johnson, confessed to the rape in 1995. Further, Mallin later admitted that she was mistaken as to the identity of her attacker. She stated that investigators botched the gathering of evidence and withheld information from her, causing her to believe that Cole was the perpetrator. Mallin told police that the rapist smoked during the rape. However, Cole never smoked because of his severe asthma
Asthma
Asthma is the common chronic inflammatory disease of the airways characterized by variable and recurring symptoms, reversible airflow obstruction, and bronchospasm. Symptoms include wheezing, coughing, chest tightness, and shortness of breath...
. 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
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. 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
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
has expired.
Legislation
The Texas SenateTexas Senate
The Texas Senate is the upper house of the Texas Legislature. There are 31 members of the Senate, representing 31 single-member districts across the state with populations of approximately 672,000 per constituency. There are no term limits, and each term is four years long. The Senate meets at the...
passed legislation to exonerate Cole. The Texas House of Representatives
Texas House of Representatives
The Texas House of Representatives is the lower house of the Texas Legislature. The House is composed of 150 members elected from single-member districts across the state. The average district has about 150,000 people. Representatives are elected to two-year terms with no term limits...
bill passed through committee and then the full house. After that, it went to Governor Rick Perry
Rick Perry
James Richard "Rick" Perry is the 47th and current Governor of Texas. A Republican, Perry was elected Lieutenant Governor of Texas in 1998 and assumed the governorship in December 2000 when then-governor George W. Bush resigned to become President of the United States. Perry was elected to full...
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
Greg Abbott
Gregory Wayne "Greg" Abbott is the Texas Attorney General, and is the second Republican since Reconstruction to serve in that role. Abbott was sworn in on December 2, 2002, following John Cornyn's election to the U.S. Senate...
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.
External links
- Texas: The Kinder, Gentler Hang 'Em High State (Texas' Tim Cole Act to Help Wrongfully Convicted) (TIMETime (magazine)Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
)