Tim Cole

Timothy Brian Cole was an African-American military veteran and a Texas Tech University student wrongly convicted of raping a fellow student in 1985.

Cole attended two years of college followed by two years of service in the U.S. Army. After his Army service, he returned to college at Texas Tech in Lubbock.

Crime and aftermath

Cole died in prison on December 2, 1999, during an asthma attack. His family and the victim sought to clear his name. It was the first posthumous DNA exoneration in the history of the state of Texas. Cole's Exonoration led to numerous changes in Texas Law. One Law named the Tim Cole Compensation Act is the strongest compensation law in the country, providing $80,000.00 for each year of incarceration as a lump sum and up to $80,000.00 a year for life in an annuity.

Johnson confirmed in court that he was the rapist and asked the victim and Cole's family to forgive him. "It's been on my heart to express my sincerest sorrow and regret and ask to be forgiven," said Johnson, who is serving life in prison for two other 1985 rapes. However, Johnson cannot be charged in the Mallin case because the statute of limitations has expired. Another bill, named after Cole, was passed by the legislature and sent to the governor on May 11, 2009. It will make those who are falsely accused eligible for $80,000 for each year of incarceration and provide them with free college tuition. The bill also established the Timothy Cole Advisory Panel on Wrongful Convictions. A panel set up to study the causes of wrongful convictions and to devise ways of preventing them is to report to the Texas governor no later than 2011. While Rick Perry stated he wanted to issue a pardon, he felt that he was not legally able to do so. However, on January 7, 2010, Texas Attorney General Greg Abbott issued an opinion which cleared the way for the governor to pardon Cole.

On March 2, 2010, Governor Rick Perry granted Timothy Cole the state's first posthumous pardon.

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