Lubbock Man Posthumously Exonerated of Rape Conviction - KCBD NewsChannel 11 Lubbock

2/6/09

Lubbock Man Posthumously Exonerated of Rape Conviction

A Texas judge has ordered the exoneration of a Lubbock man who died in prison while serving time for rape after recent DNA tests showed another man committed the crime.

State District Judge Charles Baird on Friday ordered Timothy Cole should be exonerated and his record expunged.

Cole was convicted of raping a Texas Tech University student in Lubbock in 1985 and was sentenced to 25 years in prison. He died in 1999 from asthma complications. He was 38.

DNA tests in 2008 connected the crime to Jerry Wayne Johnson, who is in prison for separate rapes. Johnson testified in court Friday that he was the rapist and asked the victim and Cole's family to forgive him.

The Innocence Project of Texas said Cole's case is the first posthumous DNA exoneration in state history.

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