Texas Could See First-Ever Posthumous Exoneration

DNA evidence vindicates dead convict

By Drew Nelles, Newser Staff

Posted Feb 1, 2009 2:09 PM CST

(Newser) – A hearing this week could result in Texas’ first-ever posthumous exoneration based on DNA evidence, the AP reports. Tim Cole, who died of a heart attack in prison in 1999, was convicted in the 1985 rape of a Texas Tech student. But an imprisoned rapist’s recent admission of guilt, backed up by new crime scene DNA analysis and evidence of a flawed investigation, could prompt a judge to overturn Cole’s conviction.

“We need exoneration,” Cole’s brother says. “We are extremely hopeful that this process will actually get him cleared.” Cole and his family always maintained his innocence, and in 2007 a convicted rapist admitted to the crime, something DNA testing confirmed last year. Although the rape survivor picked Cole out of a photo lineup, now she, too, wants to clear his name.

[Images (2)]

[Quotes (2)]

New DNA evidence proves Tim Cole did not rape a Texas Tech student in 1985. (Shutterstock)

Tim Cole and his family always maintained his innocence. (Shutterstock)

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There’s not one remedy that will bring Tim back. That is a pain I still do not know how my mother deals with. - Cory Session, Tim Cole’s brother

We’re anxious to hear what [rapist Jerry Wayne Johnson] has to say. It’ll be a very emotional court hearing and it will take us all back. - Cory Session

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Texas Could See First-Ever Posthumous Exoneration