Tim Cole's Family Fights For Posthumous Exoneration - KCBD NewsChannel 11 Lubbock

2/5/09

Tim Cole's Family Fights For Posthumous Exoneration

A family is hoping an Austin judge will overturn the 1985 rape conviction of Tim Cole.   Cole died in prison in 1999 only to have DNA testing show last year that he did not commit the rape. Cole and his family always maintained his innocence.

In the March of 1985 at the St. John's United Methodist Church on University parking lot was where then Texas Tech student Michele Mallin was parking her car, before she was kidnapped and raped east of town.

Cole was convicted of this rape and sent to prison.  Tim Cole's family says they have always stood behind him.

"It's been, it's been a long road and we never gave up," said Cole's brother, Reginald Kennard.

Cole served 13 of his 25-year sentence, before dying of asthma complications in prison.  Last year DNA proved Cole was not the rapist of the Texas Tech student in 1985.

"My son's name I will reclaim, that's what he wants. That's what the family wants," said Cole's mother Ruby Session.

The family visited the Texas House and Senate on Wednesday and both chambers passed resolutions as a tribute to Cole.

"I don't know that I can elaborate on it much more without breaking up. It is a sad story," said Lubbock State Senator Robert Duncan.  Duncan gained unanimous approval to honor Cole.

"I was moved by the fact that they seemed to feel our pain by what we went through some of them were brought to tears," said Kennard. His family says Cole always maintained his innocence by refusing to take a plea deal for a lighter sentence or confessing to receive parole.

"His greatest desire was to be exonerated and completely vindicated," said Session. 

The Innocence Project of Texas tells us if Cole's case is overturned, he would be the first deceased convict to be DNA exonerated by a Texas Court.

 

KcbdToGo.com For Your Cell Phone
Get the latest news, weather, sports and more on your mobile phone or PDA with KCBDToGo.com.

  • Local News on KCBD.comNewsMore>>

  • Company: Oil in pipeline under Missouri River reservoir

    Company: Oil in pipeline under Missouri River reservoir

    Tuesday, March 28 2017 12:03 AM EDT2017-03-28 04:03:40 GMT
    Tuesday, March 28 2017 12:03 AM EDT2017-03-28 04:03:40 GMT

    The Dakota Access pipeline developer says it has oil placed in the pipeline under a Missouri River reservoir and that the full pipeline will be in service soon.

    The Dakota Access pipeline developer says it has oil placed in the pipeline under a Missouri River reservoir and that the full pipeline will be in service soon.

  • Trump takes aim at Obama's efforts to curb global warming

    Trump takes aim at Obama's efforts to curb global warming

    Tuesday, March 28 2017 12:03 AM EDT2017-03-28 04:03:08 GMT
    Tuesday, March 28 2017 12:03 AM EDT2017-03-28 04:03:08 GMT
    FILE: Donald Trump hands a pen to Rep. Bill Huizenga, after signing House Joint Resolution 41 in the Oval Office of the White House i Feb. 14, 2017. (AP Photo/Evan Vucci)FILE: Donald Trump hands a pen to Rep. Bill Huizenga, after signing House Joint Resolution 41 in the Oval Office of the White House i Feb. 14, 2017. (AP Photo/Evan Vucci)

    President Donald Trump will sign an executive order Tuesday that will suspend, rescind or flag for review more than half-a-dozen measures that were part of former President Barack Obama's sweeping plan to curb...

    President Donald Trump will sign an executive order Tuesday that will suspend, rescind or flag for review more than half-a-dozen measures that were part of former President Barack Obama's sweeping plan to curb global warming.

  • Visit to WH grounds by intel chairman clouds investigation

    Visit to WH grounds by intel chairman clouds investigation

    Monday, March 27 2017 11:13 PM EDT2017-03-28 03:13:01 GMT
    Monday, March 27 2017 11:13 PM EDT2017-03-28 03:13:01 GMT

    House intelligence chairman Devin Nunes' spokesman says the congressman met on the White House grounds with the source of the claim that communications involving President Donald Trump's associates were caught up...

    House intelligence chairman Devin Nunes' spokesman says the congressman met on the White House grounds with the source of the claim that communications involving President Donald Trump's associates were caught up in "incidental" surveillance.

Powered by Frankly