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VIDEO:FAA releases cockpit tapes. Pilot: 'We're going to be in the Hudson.' Judge clears dead Texas man of rape conviction
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Digg Facebook Newsvine del.icio.us Reddit StumbleUpon Technorati Yahoo! Bookmarks Print By JIM VERTUNO, Associated Press Writer Jim Vertuno, Associated Press Writer 1 hr 20 mins ago AP Recent DNA tests in a 1985 rape case point to Texas inmate Jerry Wayne Johnson, who is escorted into AUSTIN, Texas A man who died in prison while serving time for a rape he didn't commit was cleared Friday by a judge who called the state's first posthumous DNA exoneration "the saddest case" he'd ever seen.
State District Judge Charles Baird ordered Timothy Cole's record expunged.
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 connected the crime to Jerry Wayne Johnson, who is serving life in prison for separate rapes. 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.
The Innocence Project of Texas said Cole's case was the first posthumous DNA exoneration in state history.
"I have his name," Cole's mother, Ruby Cole Session, said after the hearing. "That's what I wanted."
Cole and his relatives for years claimed he was innocent, but no one believed them until evidence from the original rape kit was tested for DNA. 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.
The Innocence Project pressed for a hearing to start the process of clearing Cole's name. Cole's family now wants Gov. Rick Perry to issue a formal pardon.
Michele Mallin, the rape victim in the case who originally identified Cole as her attacker, said she felt guilty that the wrong man went to prison. The Associated Press does not typically identify rape victims but Mallin, now 44, has come forward publicly to help clear Cole's name.
Confronting Johnson after his testimony, Mallin told him she was "going to try to forgive you, but it's going to take a long hard time. ... No woman deserves it. No person deserves what that man got. He could have been a father, he could have been a grandfather right now."
Mallin picked Cole out of a photo lineup that included at least six other pictures. All were standard jail mug shots except for Cole's photo, which was a Polaroid. Mallin later identified Cole in a live lineup and again at trial.
She said Lubbock officials had portrayed Cole as a violent criminal and a thug while investigating her case. The Lubbock County district attorney's office did not participate in the hearing.
Gary Wells, an Iowa State University professor and expert in witness testimony, said Friday that improperly conducted lineups could be manipulated and that witnesses tend to select the person who looks most like the perpetrator.
"If the real perpetrator is not in the lineup, it's a horrible strategy," Wells said.
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VIDEO:FAA releases cockpit tapes. Pilot: 'We're going to be in the Hudson.' Judge clears dead Texas man of rape conviction
Buzz Up Send
Email IM Share
Digg Facebook Newsvine del.icio.us Reddit StumbleUpon Technorati Yahoo! Bookmarks Print By JIM VERTUNO, Associated Press Writer Jim Vertuno, Associated Press Writer 1 hr 20 mins ago AP Recent DNA tests in a 1985 rape case point to Texas inmate Jerry Wayne Johnson, who is escorted into AUSTIN, Texas A man who died in prison while serving time for a rape he didn't commit was cleared Friday by a judge who called the state's first posthumous DNA exoneration "the saddest case" he'd ever seen.
State District Judge Charles Baird ordered Timothy Cole's record expunged.
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 connected the crime to Jerry Wayne Johnson, who is serving life in prison for separate rapes. 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.
The Innocence Project of Texas said Cole's case was the first posthumous DNA exoneration in state history.
"I have his name," Cole's mother, Ruby Cole Session, said after the hearing. "That's what I wanted."
Cole and his relatives for years claimed he was innocent, but no one believed them until evidence from the original rape kit was tested for DNA. 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.
The Innocence Project pressed for a hearing to start the process of clearing Cole's name. Cole's family now wants Gov. Rick Perry to issue a formal pardon.
Michele Mallin, the rape victim in the case who originally identified Cole as her attacker, said she felt guilty that the wrong man went to prison. The Associated Press does not typically identify rape victims but Mallin, now 44, has come forward publicly to help clear Cole's name.
Confronting Johnson after his testimony, Mallin told him she was "going to try to forgive you, but it's going to take a long hard time. ... No woman deserves it. No person deserves what that man got. He could have been a father, he could have been a grandfather right now."
Mallin picked Cole out of a photo lineup that included at least six other pictures. All were standard jail mug shots except for Cole's photo, which was a Polaroid. Mallin later identified Cole in a live lineup and again at trial.
She said Lubbock officials had portrayed Cole as a violent criminal and a thug while investigating her case. The Lubbock County district attorney's office did not participate in the hearing.
Gary Wells, an Iowa State University professor and expert in witness testimony, said Friday that improperly conducted lineups could be manipulated and that witnesses tend to select the person who looks most like the perpetrator.
"If the real perpetrator is not in the lineup, it's a horrible strategy," Wells said.
Related Searches:dna tests Recommend 109 users recommend Buzz Up Send Email IM Share Digg Facebook Newsvine del.icio.us Reddit StumbleUpon Technorati Yahoo! Bookmarks Print More on Crimes & Trials
Neb. girl's convicted murderer sentenced to death AP Judge drops charges in USS Cole bombing case Reuters Indiana crime victims alarmed by erroneous calls AP More...
U.S. Video: Pessimism grows among unemployed AP U.S. Video: Furlough Fridays begin for Calif. state workers AP U.S. Video: Terrible Towels' Wonderful Legacy ABC News Most Viewed - U.S.
California Medical Board probes octuplet birth AP Judge clears dead Texas man of rape conviction AP Hero pilot returning to NYC, getting key to city AP Calif. cops seek gunmen in fatal cafe shooting AP Furlough Fridays begin for Calif. state workers AP All Most Viewed
Most Blogged - Top Stories
Pelosi dismisses bipartisanship calls Politico.com: Politics '08 Fri Feb 6, 12:49 pm EDT Blogs About This Story (14) Prev Next The Stimulus Plot Thickens: Tax Break Changes Now on the Table TPM Election Central Fri Feb 6, 11:38 am EDT Blogs About This Story (14) Prev Next Peggy Noonan: Bracing Ourselves WSJ.com: Markets Fri Feb 6, 5:56 pm EDT Blogs About This Story (11) Prev Next Elsewhere on the Web
ABC News: CEOs, Bankers Used Corporate Cards for Sex, Says NY Madam NPR: Unemployed Workers Flood Calif. Job Centers McClatchy Newspapers: Centrist compromise clears stimulus for Senate passage More NewsPersonalize:Add/Remove News Categories Change Layout U.S. News Sources:AP Reuters AFP Time.com NPR
California Medical Board probes octuplet birth
1 hr 23 mins ago Utility provides dredging plan for Tenn. ash spill Fri Feb 6, 7:06 pm ET Calif. employees forced to take off without pay Fri Feb 6, 6:37 pm ET Judge clears dead Texas man of rape conviction 1 hr 19 mins ago Calif. cops seek gunmen in fatal cafe shooting Fri Feb 6, 7:31 pm ET More from AP | All U.S. News Top Stories Most Popular Bethlehem News + Weather Change Location World Politics Business Science Technology Health Entertainment Travel Sports Odd News Opinion Alerts
Get an alert when there are new stories about:
DNA tests Add Selected Alerts
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Also on Yahoo! News
Today in History Obituaries Corrections News by Region (Yahoo! Directory) Yahoo! News & Media Sites Daily Features
All Comics
Opinions & Editorials: Diverse views on news from the right, left, and center.
All Opinion
Photo Highlight
Photo Highlight Slideshow
A man sits on a park bench with two snowmen in St. James's Park in central London on February 2. REUTERS/Stephen Hird
More Photos and Slideshow
Yahoo! News Search All News
Search Type All News Yahoo! News Only News Photos Video/Audio News Search Advanced Top Stories
Deal announced on stimulus; weekend vote likelyFDA: Ga. plant knowingly shipped tainted productsObama considering at least 2 Iraq withdrawal plansCalifornia Medical Board probes octuplet birthRussia allows transit of U.S. military supplies to AfghanistanJudge clears dead Texas man of rape convictionAlaska Senate: Palin's husband, staff in contempt More Top Stories
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The Average Driver Pays $69/mo for Car Insurance. Get a New Payment.
Auto-Insurance-Experts.com
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Get Your AA, BA, Masters or PhD at a Top Online School. Start Now.
www.NexTag.com
See Today's Mortgage Rates
Calculate Your New Mortgage Payment. See Rates- No Credit Check Req.
www.LowerMyBills.com
Featured
Senate theatrics
Sen. Boxer calls Sen. Graham's debate on stimulus "theatrical." Happy reunion
A hostage in Colombia reunites with his family in The Week in Photos on Yahoo! News.U.S. Video
Play Video Pessimism grows among unemployed AP Play Video Furlough Fridays begin for Calif. state workers AP Play Video Terrible Towels' Wonderful Legacy ABC News Play Video Fla. builders lament Chinese-made drywall AP More U.S. Video
Education
Surprising Stay-Home SalariesWorking from home is more popular than ever. See the most lucrative stay home careers.
Careers That Fight RecessionThese fields offer strong careers that stay in demand during an economic slowdown.Yahoo!EntertainmentOMG!Celebrity News
Veteran character actor James Whitmore dead at 87 Reuters - Actor James Whitmore, famed for his one-man Claire Danes & Hugh Dancy Engaged NEW YORK, New York -- Claire Danes and Hugh Octuplet Mother's Divorce Papers Revealed Nadya Suleman and Marcos Gutierrez ended their marriage over
More from Yahoo! Entertainment
Yahoo! News Navigation
Home U.S. Business World Entertainment Sports Tech Politics Science Health Travel Most Popular Odd News Opinion
News ServicesRSS News Alerts Weather Alerts Add Yahoo! Headlines to Your Site Site Map Help Feedback
Copyright 2009 The Associated Press. All rights reserved. The information contained in the AP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of The Associated Press.
Copyright 2009 Yahoo! Inc. All rights reserved.Questions or CommentsPrivacy PolicyTerms of ServiceCopyright/IP Policy
I can not say as that I blame the woman. When you are looking thru a lineup....you expect that they do have the right person in the lineup and you are supposed to indentify which one. Well the one that looks the most like the one whop wronged you would be the logical one you would choose not even realizing you are wrong.
This is the reason I will never aserve on a jury to put anyone away. Too many things that is all about guesswork and memories that get jumbled and then there is the fact that when can not read the minds and the hearts to know what was going on in the mind of the prepetraitor.
Leave the judging to the One above and we would not have this happen...wrong people being convicted.
If society KNEW how many have been sent to prison that were innocent....they would close all the prisons and come up with a whole different system. The outcry would be heard all around the world. Is it 3/4 or 1/2 that are innocent? Any figures is just too much!
NEED CHANGE!
Love Rhea