Another innocent man would have been freed from jail in Texas. Unfortunately, Tim Cole died first. This is the first posthumous pardon for Texas.
In 1985, Timothy Cole was a student when he was arrested and accused of being the Texas Tech rapist. A string of coeds had been raped, and the young African-American man from Fort Worth, who'd never been in trouble with the law before, was convicted largely on the eyewitness account of one rape victim.
Prosecutors offered Cole a plea bargain offer; he would have been exchanged a guilty plea for release and a probation period. Cole refused, and a negligent jury convicted him and imposed a 25-year sentence.
Three things will jump out at anyone who takes a look at some of the facts in the case.
One, the victim claimed that the man that was the rapist had been smoking the entire time that he drove her to the outskirts of town to rape her. Tim Cole had severe asthma and he never smoked.
Two, no physical evidence tied Cole to the crime. Although the rapist drove the car extensively, Cole's fingerprints were not found in the vehicle.
Third, Cole also had a solid alibi. At the time of the rape, he was studying in his apartment while his brother was having a card party in the living room. Several young people testified at trial that Cole was in the apartment with them all evening.
What kind of prosecutor, investigator, district attorney, or human being ignores the facts of their case and is willing to send an innocent man to jail for 25 years because the people demand justice for crimes that have been committed? - Read Story
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