Attorneys want a court to have a hearing that could lead to the posthumous exoneration of a man who died in prison while serving a 25-year sentence for rape. 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.
Lawyers with the innocence project filed a petition Friday asking the 99th District Court in Lubbock for an inquiry into Cole's conviction. The court filing says evidence in the case had been preserved and was retested.
Blackburn said the Lubbock County District Attorney confirmed this week to him that DNA testing of a semen sample excluded Cole and matched another man serving time for rape. Cole was convicted in 1986 of the rape of a Texas Tech University student a year earlier.
|Courts & Crime|