Long time defense attorney David Smith shared this piece off AOL last nite, which should be required reading for any prospective juror on a criminal prosecution.
Calling it "the saddest case" he'd ever seen, a judge exonerated late inmate Timothy Cole, pictured here to the right, who was convicted of rape in 1985. DNA evidence helped clear Cole -- and pointed to Jerry Wayne Johnson instead. This was the first case in Texas history where DNA cleared someone who had died in prison, said the Innocence Project, handling the matter.
But why the man died in prison opens up a whole new story. He refused to ever admit to the crime or take a plea. He stood his ground and maintained his innocence.
Cole was convicted of raping a Texas Tech University student in Lubbock in 1985 and was sentenced to 25 years in prison. He died in 1999 at age 39 from asthma complications.
DNA tests in 2008 cleared him posthumously. Johnson testified in court Friday that he was the rapist in Cole's case and asked the victim and Cole's family to forgive him.
DNA tests in 2008 cleared him posthumously. Johnson testified in court Friday that he was the rapist in Cole's case and asked the victim and Cole's family to forgive him.
"I'm responsible for all this. I'm truly sorry for my pathetic behavior and selfishness. I hope and pray you will forgive me," Johnson said.
Cole had refused to plead guilty before trial in exchange for probation, and while in prison, he refused to admit to the crime when it could have earned him release on parole.
Cole's family now wants Gov. Rick Perry to issue a formal pardon.
Cole's family now wants Gov. Rick Perry to issue a formal pardon.
As David Smith noted, "No we do not want guilty persons going free. Nor do we want innocent people being found guilty." Jurors should be reminded that mistakes are made, mistakes are indeed made. Ask the Cole family. Read the compelling three part story from Lubbock online below.
see also this story from the NPR
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