‘SUNDAY, FEBRUARY 8, 2009 WWWLUDDOCKONLING.COM een Cole cleared; family fights on CRIME/Answers, feforms sought after man who died in prison is exonerated of rape BreworraLaceauRn NALANEHEA OUR Cory Sessions visited the com: ery near his Fort Worth home saturday, celebrating with his Wife and Kids a judges order to lear his oldest brother's name Tis children laid lowers at the grave of their unele, ‘Tin Cole, whom they never met. Cole ‘died in prison in 1989 serving a 25,year sentence for a Lubbock rape he did not commit, refus- Ing through the sears to ela ‘esponsibility forthe erime an fo havo his young relatives see him behind bars. There would be plenty of time when he was free, he fold his Family. The family hoped for two decades Tim would find that Areedom. They spent the ast two years hoping another inmate's confession would prove true, and Friday, Cole's family eck brated in an Austin courtroom fas State Distriet Judge Charlie Baird ordered Cole exonerated ‘On Saturday, Sessions knew his family’s saga was far from over. When that gets printed, I'm going to make sure every sena for and every representative Knows what that means,” Ses- sons sad, Cole’ family wanted both the symbolic gesture and firm legal Tuling ofan exoneraton io clear ‘Tim's name, Sessions said, They ‘would seek a gubernatorial par- ‘don nest, he said, But it vas also important to examine the case, and 10 a Tempt to lear fom the missteps that landed his brother and all other wrongly onvicted in mates in all he sai, “We need! to find out what went wrong in these cases,” Sessions sald. “The only differ fence is Tim couldn't appear in our. ‘lawyers and academics around the state had seratched their heads atthe unique hear {ing unfolding in Austin, DNA testing requested. by the Lubboek County Criminal Distrit Attorney’ Ofie ab most a year belore proved that Cole had not abducted a Texas Tech sophomore from a church parking lot and raped her in an ‘empty lot outside a town, “Texas has a process to froe and exonerate wrongfully convicted inmates, ‘but state Jaw does not describe how to. Tim Coles shown ina high schoot photo. Coe, who ded in pson in SEE COLE,PAGE AB 1999, was exonetated FridayAB suvowsrecmuaa.2009 Lueeock AVALANCHE OURNAL LOCAL COLE: Judge's exoneration qf deceased man a legal theory ‘without precedent’ FROM PAGE 1 ocognize the innocence ofthe dead. Atorneys for the state and national chapters of the Innocence Project, a nonprofit organization thet works to ex fonerate wrongfully convicted prisoners, sought a court of Jnqulty hearing on Cole's case, ‘The court of inquiry —esse- tally a grand jury by judge — allowed the airing of Tis ease fan legal finding. Lubboek ‘courts rejected the request in August, Baird accepted the fase a few months Tater and preliminary ‘hearings oa the ‘matter began Thursday, ST read that and. thought, ‘This guys entitled to an exon- eration” Baird said alter the hearing, Te idn’t matter that he was deceased. But Cole atlommey Jeff Black bum dropped his pursut of 2 Tull court of inquiry Friday fiternoon. Baird cited protec tions in the Texas Constitution against cruel “and unustal Punishment and that all courts tere open to remedy such ae lions to declare ater two days of hearings that Cole was exoa- erated and bis record cleared, Experts contacted Saturday stressed they coald not imag fay uigcua cfecaing Gull ‘State Dstt Judge Charis Bad aresdes during acourtheatng dan Aust Gard ordered the excreratcn ‘fT Cole wn cedin prson whlesenvrg ime forarane ne idiot commit, Jnnocence. But they also did _ George Dix. coauthor of “You're not entitled to get not kuow how mueh weight the Tonas Practice and Criinal a judielal finding in a matter lng carried. Procedure, was ‘not familiar just because you're curious,” "Sufce it to say it's a novel with the gfounds on which the Dix said legal theory” without pres- Cole attorneys sought the case. In Tims case, atomneys Inid fedent” said Robert Kepple, But Dix was not avare of Texas out over the two days of hear- executive director ofthe Texas criminal law tat allowed a ings, the problem was eyeult District & County Attorneys As: nding that couldnt x an on- ness identigeation. Michele nin. ‘going situation, he said. Mallin, the Tech student who vas attacked, was shown a pho- fo lineup that included ‘hms picture, Tim was posed differ ently than the othe, ler mug Shots offered in the ine, Gary Wells, an fowa State University professor who stud ies evewthess'Mentieation, festiied during the hearings that extensive. researeh has shown that witnesses have trouble identifping other races, That becomes even harder when faced with suggestive Iineup. A witness would have naturally been drawn to Cole's Dictire because it looked dir ferent ‘Once a witness chooses suspect, ‘even innocent cuvs from pleased police offers «an further cement that they've picked the right person, Wells festiied. When’ Cole was Tater chosen from an in-person lineup at the police station, the witness was simply confirming ‘the mug shot she thought was correet, he sid ‘The case demonstrated the danger of even innocent people partieipating in a lineup, he said Hf they look similar to a ‘uspest ina bad lineup, they fan discover that thes'te be come the suspect, Wels said. ‘Seasiona Will return to AMM tin later to. push legislators for reforms authored by Sen. Rodney Ellis, D-Houston, hop Ing t0 prevent such problems im the future. Fllis has fied legislation that would form a ‘commission to investigate beration claims. He. Work Wh Lubbock Sem, Rober! Dun an on legisiation to reform Stale compensation to wrong fully ‘convicted Texans and Include cases diseovered afer the death of the inmate, Bilis has also fled a bil to improve how epewitness identifeation is gathered statewide, an issue that has had the past support of Gos. Rick Perey Sessions will atch the Board of Pardons and Paroles for a recommendation on bis brother as be works the Leg: islature this session. And, he said he'l Work tohelp impove Tas to eutute what happened to his brother won't happen again. “He was hopeful, Sat hig brother’ graveside, “This. isn done,” Sessions said. “The momentun Is there: resernonrecona a8 soniacinmPlixodenrecane 22