wheezer
06-29-2008, 11:47 AM
Man who died serving rape sentence may be exonerated
LUBBOCK – A man who died in prison while serving a 25-year sentence for rape could be cleared by a court hearing.
If a court finds Timothy Brian Cole was wrongfully convicted, his would be the first posthumous DNA exoneration in Texas, said Jeff Blackburn, Innocence Project of Texas chief counsel.
Innocence Project lawyers filed a petition Friday asking the 99th District Court in Lubbock for an inquiry into the conviction.
The court filing says evidence had been preserved and was retested. Mr. Blackburn said the Lubbock County district attorney confirmed this past week that DNA testing of a semen sample excluded Mr. Cole and matched another man serving time for rape.
The man who attorneys believe committed the rape has written letters saying he was the rapist.
Lubbock County District Attorney Matt Powell could not be reached for comment Saturday, but had previously said he would investigate.
Mr. Cole was convicted in 1986 of raping a Texas Tech University student a year earlier. He maintained his innocence until he died in prison in 1999 from asthma at age 38, according to court documents.
Mr. Cole, who had attended Texas Tech, had a record for misdemeanor marijuana possession, Mr. Blackburn said.
The case relied on the victim's identification, but attorneys allege the photo lineup used was flawed, court documents show.
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-dna_29tex.ART.State.Edition1.4d6b070.html
LUBBOCK – A man who died in prison while serving a 25-year sentence for rape could be cleared by a court hearing.
If a court finds Timothy Brian Cole was wrongfully convicted, his would be the first posthumous DNA exoneration in Texas, said Jeff Blackburn, Innocence Project of Texas chief counsel.
Innocence Project lawyers filed a petition Friday asking the 99th District Court in Lubbock for an inquiry into the conviction.
The court filing says evidence had been preserved and was retested. Mr. Blackburn said the Lubbock County district attorney confirmed this past week that DNA testing of a semen sample excluded Mr. Cole and matched another man serving time for rape.
The man who attorneys believe committed the rape has written letters saying he was the rapist.
Lubbock County District Attorney Matt Powell could not be reached for comment Saturday, but had previously said he would investigate.
Mr. Cole was convicted in 1986 of raping a Texas Tech University student a year earlier. He maintained his innocence until he died in prison in 1999 from asthma at age 38, according to court documents.
Mr. Cole, who had attended Texas Tech, had a record for misdemeanor marijuana possession, Mr. Blackburn said.
The case relied on the victim's identification, but attorneys allege the photo lineup used was flawed, court documents show.
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-dna_29tex.ART.State.Edition1.4d6b070.html