Dead Inmate Formally Exonerated Of Rape Conviction

Tuesday, Apr 7, 2009  |  Updated 6:00 PM CST
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Dead Inmate Formally Exonerated Of Rape Conviction

Timothy Cole

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A judge in Austin formally exonerated a man who died in prison in 1999 while serving time for a rape he did not commit.

A hearing was held with the family of Timothy Cole and the woman who was the rape victim.

Judge Charles Baird said mistaken eyewitness identification, questionable suspect lineups and a faulty investigation by Lubbock police led to Cole's wrongful conviction in 1986.

Cole died of complications from asthma while serving a 25-year term.

DNA testing cleared Cole.

His mother, Ruby Session, said she's relieved and she always felt that one day the exoneration would happen.

Cole is the first person in Texas to be posthumously exonerated after DNA testing showed he did not commit the crime, the Associated Press reported.

Cole's family will meet with Gov. Rick Perry Wednesday to seek a pardon.
 

Posted Thursday, Jul 16, 2009 - 11:47 PM CST
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