TUESDAY, APRIL 7, 2009 www.lubbockonline.com Judge to clear Cole’sname today ‘38 of complications from asthma. He always maintained hs innocence. "Wien we started this back on Septem: ‘ber 2,198, when Tim was convicted, we ‘new this would not be a sprint race. It COURTS/Lubbockmanto Stale, Distt Judge becomefirst posthumous indicated ater a Febru dy hearing tat he would exoneration in state of Texas 13 hearing tat he woul BVEFFCARLTON ‘who was convieted of a 1985 was going to be a marathon,” said Cory ZSSOCHTEDPRESS Sexual assault of a Texas Session, Cole's brother. "Here we are, a ‘Tech student. Today, Baird CF ‘wuarter century Isler DALLAS—A state district judge sex- is expected to reveal the Cole, a military veteran and college pected to formally cleer a man who died. legal reasoning for his decision during student who was the son of a Bell He Inprison 1Syearsintoa25yearsentenee 8 heating in his Austin courtroom, lav- licopter manager and a schoolteacher, forarapehe didnot commit: making him Yers fom the Ianoeence Projecto Texas was convicted of raping the student in the frst posthumous DNA exoneration in sad [Lubbock in 198, Cole and his relatives ‘Texas history. Cole died in prison in 1960at the ageof for years claimed he was innocent, but ere ignored by the judicial system un til evidence from the original rape kit was tested for DNA last year The tests cleared Cole and connected the erime to dJemy Wayne Johnson, who is serving lie Inprison for separate rapes, In 1095, after the statute of limitations had expired on the Texas Tech rape, Johnson tried to confess tothe crime in letters to proseeutors and Judges in Lub: bock County, But no one paid attention, and Cole died in prison four years later. SSEECOLE,PAGE ASCOLE: Today’s ruling likely to address problems that led to wrong conviction FROMPAGE AI ‘The Innocence Project of Texas eventually took on the case, pressing lst year for an fxoneration hearigg in Lab: Fock County where the case vas originally proseeuted. But judge there dented the re ‘ast fora hearing, "ve have the eience. We have a guy who has admitted lorie The evidence shows its him. Why cant we say Tim's in cent?” Sesion said. "T'dont ‘mind jumping over burls, but there comes a time when you have to stop putting up fbstacles up when the right {hing tod Is already tn front ofyou, Using an unusual legal ma newver, Innocence Project of Texas ehiel counsel Jel Black burn arranged fora raze court of egal inquiry i Austin, That Ted todohason' dramatic test mony in February in which he seknostedged he was the rap Istn Cole's case. That admis Sion eam infront of the rape victim, who had joined forees with Coles family in seeking an We have the evidence. We havea guy who has admitted to it. Why can't we s Tim's innocent? I don't mind jumping over hurdles, but there comes a time when you have to stop putting up obstacles. Cory Session Timothy Cols brother Blackburn said Baird ruling will likely addeess_ problems that led to Cole’ conviction, Including eyewitness msident feation and questionable photo arrays and lineups used by Lub hock police. The case comes along at atime when the Leg {slate 4 considering several bills that would adress those fetes as wel as increase com pensation paid tothe wrongly Convicted “There's never ben a serious effort of a judicial examiustion y of what went wrong in one of these eases, Our lew Is thls Is a huge step forward, and this ‘ought to happen in every single fexoneration” Blackburn sad We otto treat these exon. ceralons like we treat a plane rash. I's a big deal. We've fle so accustomed io Tse ‘convictions in. Texas that we Sete morcremned Just shrug our shoulders and a Cory Session, et stands by his mother Ruby, center, and brother Sean, right, as they sit the home "Tova leads thenationwithas Where Ruby's son Timothy Cola lived in Lubbock, on Feb. 12. Cole, wh ced in prison in 1999 after DNAcxonerationsaeconfingto Daing convicted ofa crime he waslater exonerated of, wil be the first person in Texas tobe posthu- Genoneereen moncly exonerated today.