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Texas Judge Rules for Posthumous Exoneration

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Posted: February 9, 2009   2:35 PM

A Texas judge ruled on Friday that Timothy Cole’s name should be cleared of the 1985 rape for which he was wrongfully convicted. Cole died in prison in 1999 while serving for the rape, which he always said he didn’t commit. His family has been fighting to clear his name, and DNA testing results obtained last year proved that another man committed the crime.

Cole is the first person posthumously cleared by DNA testing in Texas history. His exoneration will become official with either a pardon from the Texas Governor or a writ of habeas corpus from the state Court of Criminal Appeals.
"I have his name back. I just have to wait for the Governor, and I know he'll be calling," Cole's mother Ruby Cole Session said. "But I'm so happy."

Read more and watch video of Session here. (News 8 Austin, 02/06/09)
More Coverage:

Associated Press: Judge Clears Dead Texas Man of Rape Conviction

National Public Radio: Judge Posthumously Clears Man Convicted Of Rape

A dozen Texas exonerees spent Thursday meeting with lawmakers at a state legislature advocacy day, Scott Henson has a firsthand account at Grits for Breakfast.

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