The Innocence Project of Texas

The Strange and Tragic Case of Timothy Cole:

Overview
On Feb. 5th and 6th, 2009 in a Travis County courtroom a stone’s throw away from the Capitol, the Timothy Cole innocence case was heard. This case is unique in the annals of Texas legal history. It was the first time in Texas a person has been formally cleared of a crime through DNA after their death. It was also one of the first times in Texas that a crime victim has actively joined in an effort to exonerate someone falsely convicted of a crime.

The Case Against Tim Cole
During the mid-1980s the “Tech Rapist” terrorized the Texas Tech University campus. The assailant, an African American male, abducted women in parking lots near campus, showed them a small pocket knife, drove them to a vacant location outside of the city, raped them, stole petty cash or jewelry, and left on foot while the victim would flee in her car.

The fifth victim, Michele Mallin, was a sophomore at Tech and only 20 years old when she was attacked by the “Tech Rapist.” Michele was moving her car to a church parking lot across the street from her dormitory when a man approached her and asked for jumper cables. He forced himself into the driver’s seat and held a knife to her throat as he drove out to a vacant field and assaulted her. After Michele was released by her attacker, she immediately called the police. About two weeks later, she picked Cole’s photo out of a photo lineup. She later identified him again in a physical lineup.

On September 17, 1986, a jury convicted Timothy Cole of rape and sentenced him to 25 years in prison. Prior to his trial, Timothy was offered probation in exchange for a guilty plea, but he refused to admit guilt to a crime he did not commit. During his time in prison, he was offered parole in exchange for admitting his guilt. Again, he refused. On December 2, 1999 Cole died in prison from heart complications caused by an asthmatic condition. He was 39 years old.

The Innocence Project of Texas Investigates
The Innocence Project of Texas began investigating Cole’s case two years ago when our organization received a letter from Jerry Johnson, a Texas inmate who claimed to have committed the crime. We launched an investigation into the case and met with Johnson in prison.

After that meeting, the investigating students began interviewing witnesses and checking into the possibility of DNA testing. They reviewed every trial transcript, newspaper article and scrap of information connected to the case. This investigation continued for more than a year. Then, in mid-2008 our organization received word from a local reporter that the Lubbock County District Attorney’s office had not only located physical DNA evidence from the case, but that they had also tested that evidence. This DNA test revealed what IPOT knew all along. Jerry Johnson was Michele Mallin’s attacker, not Timothy Cole.

This news prompted a renewed effort to clear Tim’s name once and for all. Our attorneys and student law clerks began an extensive review of all of the factors leading to Timothy Cole’s wrongful conviction. One student, Texas Tech law student, Sarah Hegi, reached out to Cole’s family and developed a relationship that remains strong to this day. She also contacted the crime victim, Michele Mallin. As a result of Sarah’s diligent efforts, Michele decided to join in IPOT’s efforts to clear Cole’s name. Mallin’s commitment to assisting our organization and Timothy’s family is unprecedented.

What Is Happening Now
On April 7, 2009 Judge Baird released his final order in Tim Cole’s case clearing Tim’s name once and for all and establishing Tim’s innocence.  The written opinion carefully evaluated what went wrong in this case and the general lessons that can be gleaned from Tim’s story.

To download a copy of the opinion, click here.