Another innocent man cleared - but too late

A Texas man has been cleared of a rape for which he was convicted over 20 years ago - but too late for him to benefit from it. He died in prison in 1999.

A judge in a Travis County courtroom has formally cleared the name of a man wrongfully convicted of rape.

Timothy Cole died in prison in 1999 – 13 years into a 25 year sentence for the sexual assault of a Texas Tech University student.

Family members of Tim Cole said after Tuesday's hearing they’re pushing for new laws to be enacted at the State Capitol, as they mark the end of a two decade struggle for justice.

"The evidence is crystal clear that Timothy Cole died in prison an innocent man," said State District Judge Charles Baird, who formally exonerated Cole on Tuesday, after listening to testimony in the case in February.

DNA tests performed last year showed Cole was not the rapist, and those results implicated a man already in prison - who confessed to the crime in the mid-90s but was ignored by authorities in Lubbock County.

Four years after Jerry Wayne Johnson admitted he was the rapist – Cole died in prison from complications after an asthma attack.

This is why I'm unalterably opposed to the death penalty, in all cases except the most severe, where it's too dangerous to keep someone alive and in custody. Case after case like this has demonstrated that convictions aren't foolproof: and executing even one innocent person is too many for my conscience.

Mr. Cole wasn't executed, but nevertheless, the final 13 years of his life were effectively taken from him by his wrongful conviction. One hopes that the rapid spread of DNA technology will help to minimize such miscarriages of justice in future.

May Mr. Cole rest in peace, exonerated at last among those who knew him: and may the lessons learned from his case help to exonerate others who might otherwise have suffered his fate.

Peter