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Timothy Cole

This is not a happy story, but it’s one I feel compelled to tell.

The outlines are all too familiar. A young black man, accused of raping a white woman in the south, is convicted by an all-white jury despite the absence of any physical evidence linking him to the crime, and despite the testimony of several people that he was in the next room during the entire evening that the rape was committed. After all, those witnesses included the accused man’s brother and friends. They were young, and at least some were black. Why believe them?

The man, convicted largely on the victim’s identification, spent thirteen years in prison. He died there of an asthma attack. When another man eventually confessed to the crime, no one would listen. It took the family, the victim, and an organization dedicated to reversing false convictions to gain belated justice.

This did not happen back in the thirties, or the fifties; it happened in 1985, in Lubbock Texas, and the last chapters to the story are being written now. The accused, Timothy Cole, was exonerated on February 6th, just a few weeks ago, after DNA tests proved him innocent.

Another man waited until the statue of limitations ran out in 1995 before confessing to the rape. (Since he was already in jail for 99 years for other rapes, it’s not clear why he waited.) Texas officials and prosecutors ignored his letters. Truly. He wrote the court that had convicted an innocent man, he wrote again, requesting a lawyer, and he wrote to the prosecuting district attorney. He got no replies. Then, in 2007, he finally wrote Cole himself, not knowing that Cole had died twelve years earlier.

That letter, however, reached Cole’s family, and they went into action.

With the help of the Innocence Project of Texas, the family obtained DNA tests, but even then they could not obtain a hearing in Lubbock. Think about that. No judge in Lubbock would grant them a hearing.

They got in touch with the victim, who was shocked to learn that she had sent an innocent man to prison, and who started working actively with them to obtain a reversal. If it seems nearly impossible to believe that a woman could be mistaken about who raped her, listen to Michele Mallin tell her story. In September NPR did an interview with Cole’s mother, Ruby Session, together with Mallin. It’s a pretty extraordinary piece.

An Austin judge eventually agreed to hear the case, and twenty-four years after the conviction, Timothy Cole was exonerated. He had maintained his innocence, even refusing parole if it came only on condition that he admit to a crime he hadn’t committed.

The prosecuting attorney has apologized to the family.

The Lubbock Avalanche-Journal’s website, Lubbock On-line, has a very moving video of an interview with Cole’s mother and brothers from June 30, 2008, when the results of the DNA evidence became available.