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  1. #1
    Esse quam videri ploto's Avatar
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    Texas district court judge Friday reversed the conviction of a man who died in prison nearly a decade ago, almost two decades into a prison sentence for a rape he swore he did not commit, CNN affiliate KXAN reported.

    Timothy Cole was convicted and sentenced to 25 years in prison for the 1985 rape of 20-year-old Michele Mallin. He maintained his innocence, but it was not confirmed by DNA until years after his 1999 death, when another inmate confessed to the rape.

    In the courtroom of Judge Charlie Baird Friday afternoon, Mallin, now 44, faced Jerry Johnson, the man who confessed to the rape.

    "What you did to me, you had no right to do," she told him angrily, according to Austin's KXAN. "You've got no right to do that to any woman. I am the one with the power now, buddy."

    Cole's family also addressed Johnson.

    "He'll never have the chance to have children," Cole's mother, Ruby Session, said. "I want you to know he was a fine young man."

    Johnson has been in prison since 1985 on two convictions for aggravated sexual assault, according to the Texas Department of Corrections. He was given a life sentence for the rape of a 15-year-old girl, and a jury later tacked on a 99-year sentence for another rape, according to the Lubbock, Texas, Avalanche-Journal. He cannot be charged with the Mallin case, as the statute of limitations has expired.

    Johnson also spoke Friday.

    "I am responsible," he said. "I say I am truly sorry."

    Then a student at Texas Tech University in Lubbock, Mallin was walking to her car, intending to move it to another parking lot, when a man approached her asking about jumper cables, she said. In a matter of seconds, he put her in a choke hold and held a knife to her neck. He forced himself into her car and drove her to the outskirts of town, where he raped her.

    The next day, police investigators showed Mallin pictures of possible suspects. She chose a picture of Cole and said he was her attacker. She later identified him in a physical lineup, according to the Innocence Project of Texas.

    "I was positive," she said. "I really thought it was him."

    But there was one detail: Mallin told police her attacker was a smoker. "He was smoking the entire time."

    Cole, who suffered from severe asthma, "was never a smoker," said his brother, Cory Session. "He took daily medications [for asthma] when he was younger."


    "He was the sacrificial lamb. To them, my brother was the Tech rapist, there was no backtracking. It was the trial of the decade for Lubbock."

    The "Tech rapist" attacked four women other than Mallin -- abducting them in parking lots near campus and driving them to a vacant location, where he would rape them and flee on foot, according to the Innocence Project of Texas. The rapist "terrorized" the Texas Tech campus in the mid-1980s, the organization said.

    Cole, like Mallin, was a student at Texas Tech. He had finished two years of college previously and was returning to school after spending two years in the Army, his brother said.

    But his dreams of getting married and having children never materialized. He was arrested and charged with Mallin's rape, declining a plea bargain offer that would have put him on probation. A jury convicted him and imposed a 25-year sentence.

    That night, "he hugged my mother and he said, 'Mother, why these people lie on me, why they do this to me?'" Cole's brother Reggie Session recounted for the Avalanche-Journal, which published a three-part series on the case in June.

    "He said, 'They know I ain't done nothing to that girl. I don't even know that girl. Why they do this to me, mother?' ... He cried in my mother's arms on the floor."

    Later, while in prison, Cole rejected an offer of parole that would have required him to admit guilt. "His greatest wish was to be exonerated and completely vindicated," his mother, Ruby Session, told KXAN.

    But the asthma that plagued Cole throughout his life brought about his death on December 2, 1999. The cause was determined to be heart complications due to his asthmatic condition. He was 39.

    It was 2007 when a letter addressed to Cole arrived at his family's home, written by Johnson.

    "You may recall my name from your 1986 rape trial in Lubbock," says the letter, dated May 11, 2007. "Your Lubbock attorney, Mike Brown, tried to show I committed the rape.

    "I have been trying to locate you since 1995 to tell you I wish to confess I did in fact commit the rape Lubbock wrongly convicted you of. It is very possible that through a written confession from me and DNA testing, you can finally have your name cleared of the rape ... if this letter reaches you, please contact me by writing so that we can arrange to take the steps to get the process started. Whatever it takes, I will do it."

    Johnson did not know Cole had died. In fact, according to the Avalanche-Journal, he had been writing to court officials for years to confess to the rape, but got nowhere.

    Upon finding out that Cole was dead, Johnson wrote he "cried and felt double guilty, even though I know the system's at fault," according to the Avalanche-Journal.

    "A day later, I am still bothered, terribly, by the death revelation. Because, not knowing Mr. Cole at all, I wonder if the wrongful incarceration contributed to his death."

    The Innocence Project became involved after Cole's family received Johnson's letter. DNA tests confirmed that Johnson was Mallin's attacker. Now, Cole's family hopes the court hearing will be the final step in clearing his name.

    Mallin is helping them. "I was very traumatized," she said. "I was scared for my life. I tried my hardest to remember what he looked like.

    "I'm trying to get his name cleared. It's the right thing to do."

    Cory Session said, "We don't blame Michele. She's very gracious."

    http://www.cnn.com/2009/CRIME/02/06/...ion/index.html

  2. #2
    #FreeGiuseppe BlackSwordsMan's Avatar
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    shit happens

  3. #3
    Spur-taaaa TDMVPDPOY's Avatar
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    compensation its real, and im sure the coles will not receive a penny of it cause the lawyers are going to milk that shit

  4. #4
    dangerous floater Winehole23's Avatar
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    Shit happens...when LE is more concerned with getting a conviction than the right man, ignores any conflicting information, then refuses to face its mistakes afterward.
    Fixed.

  5. #5
    Veteran jack sommerset's Avatar
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    Just awful

  6. #6
    dangerous floater Winehole23's Avatar
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    compensation its real, and im sure the coles will not receive a penny of it cause the lawyers are going to milk that shit
    Probably not. The Innocence Project is a non-profit organization.

  7. #7
    A neverending cycle Trainwreck2100's Avatar
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    "What you did to me, you had no right to do," she told him angrily, according to Austin's KXAN. "You've got no right to do that to any woman. I am the one with the power now, buddy."
    Lets hope the bitch has the right guy this time
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  8. #8
    dangerous floater Winehole23's Avatar
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    Lets hope the bitch has the right guy this time
    Check the thread. The rapist identified himself to LE.

  9. #9
    Ina world of hype, we win IronMexican's Avatar
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    Horrible. Compensation wont bring back all the time that man lost with his family. This shit pisses me off. Winehole is 100% correct. All they want is for someone to plead guilty.
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  10. #10
    A neverending cycle Trainwreck2100's Avatar
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    Check the thread. The rapist identified himself to LE.
    I just wonder if she gave that whole "I have all the power" speech at the trial of the innocent guy

  11. #11
    dangerous floater Winehole23's Avatar
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    I just wonder if she gave that whole "I have all the power" speech at the trial of the innocent guy
    Maybe. Ms. Mallin stepped forward to help clear the Mr. Cole when the mistake came to light. My hat's off to her.

    False witness identifications aren't rare, especially when PD's don't follow best practices.

  12. #12
    A neverending cycle Trainwreck2100's Avatar
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    Maybe. Ms. Mallin stepped forward to help clear the Mr. Cole when the mistake came to light. My hat's off to her.

    False witness identifications aren't rare, especially when PD's don't follow best practices.

    False Witness IDs have nothing to do with the PDs, false convictions do. She pointed her finger at the guy more than once and swore under oath that he attacked her

  13. #13
    Spurs, Colts, Cowboys, and Irish SpursFanFirst's Avatar
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    False Witness IDs have nothing to do with the PDs, false convictions do. She pointed her finger at the guy more than once and swore under oath that he attacked her
    It's sad to know this man died in prison, where he was serving time for a crime he didn't commit.

    I think it's harsh, though, to criticize the female victim here.
    Yes, it's unfortunate she pointed the finger at the wrong man.
    But has anyone here ever been raped?
    Have you ever had to ID the person who attacked you?

    I can't even begin to imagine the pressure that was put on this young woman to make a decision.

    The whole thing sucks.
    The only person who's responsible for this mess is the man who actually committed the crime.

  14. #14
    "We'll do it this time" Bartleby's Avatar
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    The whole thing sucks.
    The only person who's responsible for this mess is the man who actually committed the crime.
    I'd say the court officials who ignored repeated letters of confession to the crime from the person who actually committed it are culpable to some extent as well.

  15. #15
    These aren't the droids you're looking for jman3000's Avatar
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    That's the state of our justice system.

    It's horrible what happened and I hope the family gets justly compensated.

  16. #16
    Student of Liberty Galileo's Avatar
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    The people responsible for kidnapping this man and smearing his name should be locked up and raped with a plunger.
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  17. #17
    Student of Liberty Galileo's Avatar
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    Cory Session said, "We don't blame Michele. She's very gracious."

    http://www.cnn.com/2009/CRIME/02/06/...ion/index.html
    "Michele" is dangerous and should be locked up for life without parole.

  18. #18
    Get Refuel! FromWayDowntown's Avatar
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    The only person who's responsible for this mess is the man who actually committed the crime.
    I'd be reluctant to limit the blame in that way. Certainly, the guy who committed the crime set this course of events into motion and he's morally culpable for all that followed. No crime, no problems.

    But, with that said, the prosecutors who had -- at best -- a circumstantial case with holes have to bear some blame for their willingness to proceed with such a weak case. And the judge bears some blame for not recognizing the weakness of the prosecution's case and doing something about that. And the investigating officers who made an arrest despite having only a weak circumstantial case are blameworthy, too.

    I'm glad to see that there are organizations who have taken it upon themselves to look into questionable convictions and work to absolve the innocent as soon as they can. I'm also glad to know that certain District Attorneys -- particularly the DA in Dallas -- have recognized that there should be some skepticism about some convictions; the Dallas DA has instituted a program that created an entire unit to look into cases in which things like DNA evidence could more firmly establish guilt or innocence. Such efforts should be the rule and not the exception, but it has to start somewhere.

    With that said, the increasingly-frequent absolution of inmates for crimes only hardens my belief that the death penalty is wrong.

  19. #19
    All Hail the Legatron The Reckoning's Avatar
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    memory misattribution. she probably saw cole earlier in the day. he might have been in one of her classes.
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  20. #20
    Student of Liberty Galileo's Avatar
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    memory misattribution. she probably saw cole earlier in the day. he might have been in one of her classes.
    Wrong - The false rape accuser says "I think that's him" on the video.

    Video - Texan who died in prison cleared of rape conviction
    http://www.cnn.com/2009/CRIME/02/06/...ml#cnnSTCVideo

    But at the trial, she told the jury she was positive that's him. So her lies caused the death of an innocent man, and allowed four more women to be raped by the real rapist.

    Michele "all black people look alike" Mallin is a liar and a racist and should be locked up for life before she harms anyone else.

  21. #21
    Ain't over 'till its over MaNuMaNiAc's Avatar
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    Wrong - The false rape accuser says "I think that's him" on the video.

    Video - Texan who died in prison cleared of rape conviction
    http://www.cnn.com/2009/CRIME/02/06/...ml#cnnSTCVideo

    But at the trial, she told the jury she was positive that's him. So her lies caused the death of an innocent man, and allowed four more women to be raped by the real rapist.

    Michele "all black people look alike" Mallin is a liar and a racist and should be locked up for life before she harms anyone else.
    I'm pretty sure someone must have already told you this, but you're one complete fucking moron, you know that?

    A liar and a racist?? The girl was raped, you think she didn't want to catch the one that did it? She's the first victim out of all of this.

  22. #22
    Student of Liberty Galileo's Avatar
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    I'm pretty sure someone must have already told you this, but you're one complete fucking moron, you know that?

    A liar and a racist?? The girl was raped, you think she didn't want to catch the one that did it? She's the first victim out of all of this.
    You are the moron and amazingly tolerant of violent crime.

    She's a racist. She claims that Tim Cole looks like Johnson because both are black men. Tim Cole looks nothing like Johnson.

    She lied at the trial when she said she was sure that Tim Cole did it, when in fact she admits that she only thinks he might have done it.

  23. #23
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    I'm with Galileo...acting like this bitch didn't have a ton to do with this man's false imprisonment and subsequent death is just plain old stupid.

    What, because she was raped it's ok for her to identify the wrong guy and send him to prison for life?

    Stupid fucking logic...her being raped isn't an excuse for making the wrong ID and sending this poor batard to prison.

    She said the wrong guy raped her.....seeing as how the penalty for that crime is a pretty severe one, perhaps she should have made sure she was id'ing the right guy.



    I want to ask every single one of you stupid mother fuckers defending this...


    Which would you rather have happen, you get raped, or go to prison for 14 years(and probably get raped while you are there) and die there...

    Sign me up for the fucking rape. Don't even act like what happened to her was worse than what happened to him...and she is a big pat of the reason that it happened to him.

    She got fucked an hour of her life or so in which she was involuntarily forced to commit an otherwise natural and pleasurable act...the poor man she wronged spent his entire adult life in prison treated as a criminal, and then he died...because she identified the wrong fucking guy. If she hadn't done that...he wouldn't have gone to prison.


    Yes I find fault with the justice system, I find fault with the prosecutors...but absolving her of her role in this because she got fucked against her will is flat out stupidity and taking total leave of logic and any true sense of justice.


    It's unfortunate that she got raped...but it's even more unfortunate that because she got raped she commited a far greater injustice than what was done to her.



    Just the fact that she talked about the power she had as the actual rapist was getting convicted tells you where her mind is at...she's an idiot. That doesn't soumd someone overly concerned with her first wrong ID...that sounds like someone completely absorbed with revenge...and rubbing in the fact that she has the upperhand.


    This bitch was going to send someone to prison because she got raped, and this poor bastard was her victim...simple as that.




    All this proves to me is that rape laws and the power women weild with nothing more than a simple accusation are way out of synch with the actual severity of the crime...

    All some crazed bitch has to do is say some guy raped her and that poor bastards life is ruined...regardless of whether not he's convicted.


    I'm sorry but getting fucked isn't by any stretch comparable to prison time...where you are also likely to get fucked.

  24. #24
    Damn The Man Mr. Peabody's Avatar
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    You are the moron and amazingly tolerant of violent crime.

    She's a racist. She claims that Tim Cole looks like Johnson because both are black men. Tim Cole looks nothing like Johnson.

    She lied at the trial when she said she was sure that Tim Cole did it, when in fact she admits that she only thinks he might have done it.
    She's not necessarily lying. By the time of trial, her mind may have "confirmed" that it was Cole from having repeatedly seen his face (photo lineup, actual lineup, news reports, etc.). It happens all the time and it's not because the witness is lying. They really believe that the person they see in the court room was the perpetrator.

  25. #25
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    She's not necessarily lying. By the time of trial, her mind may have "confirmed" that it was Cole from having repeatedly seen his face (photo lineup, actual lineup, news reports, etc.). It happens all the time and it's not because the witness is lying. They really believe that the person they see in the court room was the perpetrator.

    yeah well a schitzophrenic really believes he's supposed to go and kill the people the voices in his head are telling him to kill...


    Murderers really believe the people they murder deserve to die...

    Men that beat their wives and kids really believe they deserve it....


    Your point?


    She id'ed the wrong guy. Period.


    She's more of a criminal than she is a victim...and what her stupidity did to this man was a greater injustice than any simple rape.

  26. #26
    Spurs, Colts, Cowboys, and Irish SpursFanFirst's Avatar
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    Wow, a couple of people on here need to get a grip.
    I'm not saying that what that man went through wasn't horrible, and I hate that he had to spend the last years of his life in prison.

    But a woman was RAPED.
    Sex may be pleasurable in most instances, but having a stranger take her against her will and probably even threaten her life....it's hardly a moment most dreams are made of.

    Nice try, Whottt.

  27. #27
    Student of Liberty Galileo's Avatar
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    I'm with Galileo...acting like this bitch didn't have a ton to do with this man's false imprisonment and subsequent death is just plain old stupid.

    What, because she was raped it's ok for her to identify the wrong guy and send him to prison for life?

    Stupid fucking logic...her being raped isn't an excuse for making the wrong ID and sending this poor batard to prison.

    She said the wrong guy raped her.....seeing as how the penalty for that crime is a pretty severe one, perhaps she should have made sure she was id'ing the right guy.



    I want to ask every single one of you stupid mother fuckers defending this...


    Which would you rather have happen, you get raped, or go to prison for 14 years(and probably get raped while you are there) and die there...

    Sign me up for the fucking rape. Don't even act like what happened to her was worse than what happened to him...and she is a big pat of the reason that it happened to him.

    She got fucked an hour of her life or so in which she was involuntarily forced to commit an otherwise natural and pleasurable act...the poor man she wronged spent his entire adult life in prison treated as a criminal, and then he died...because she identified the wrong fucking guy. If she hadn't done that...he wouldn't have gone to prison.


    Yes I find fault with the justice system, I find fault with the prosecutors...but absolving her of her role in this because she got fucked against her will is flat out stupidity and taking total leave of logic and any true sense of justice.


    It's unfortunate that she got raped...but it's even more unfortunate that because she got raped she commited a far greater injustice than what was done to her.



    Just the fact that she talked about the power she had as the actual rapist was getting convicted tells you where her mind is at...she's an idiot. That doesn't soumd someone overly concerned with her first wrong ID...that sounds like someone completely absorbed with revenge...and rubbing in the fact that she has the upperhand.


    This bitch was going to send someone to prison because she got raped, and this poor bastard was her victim...simple as that.




    All this proves to me is that rape laws and the power women weild with nothing more than a simple accusation are way out of synch with the actual severity of the crime...

    All some crazed bitch has to do is say some guy raped her and that poor bastards life is ruined...regardless of whether not he's convicted.


    I'm sorry but getting fucked isn't by any stretch comparable to prison time...where you are also likely to get fucked.
    you are dead on.

    Getting raped by the "criminal justice system" is much worse than getting raped.

    Another factor in this is what happens to your family. If someone in yor family gets raped, at least you get sympathy and often a lot of money is raised for crime victims.

    But when you get raped by the "criminal justice system", you get no sympathy at all, only shame.

    If someone in your family gets murdered, you can collect life insurance.

    If someone in your family gets murdered by the "criminal justice system", you get nothing.

    btw - has anyone looked at the video:

    http://www.cnn.com/2009/CRIME/02/06/...ion/index.html

    Take a quick look at how different Cole and Johnson look.

    Only a liar would claim that they are certain that Cole is Johnson.

  28. #28
    Scarlett our Goddess4ever
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    Kobe is still out of jail though he has definitely commited a rape.

  29. #29
    Student of Liberty Galileo's Avatar
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    She's not necessarily lying. By the time of trial, her mind may have "confirmed" that it was Cole from having repeatedly seen his face (photo lineup, actual lineup, news reports, etc.). It happens all the time and it's not because the witness is lying. They really believe that the person they see in the court room was the perpetrator.
    No, she said on the video that when she picked the guy out of the lineup she said "I think its him".

    She is obligated to tell that to the jury.

    Also, when you give eyewitness testimony, you are supposed to testify about what you saw, not about your opinions of newspaper articles.

    The fact is she was not certain that Cole did it, and she lied when she told that to the jury.

    What happens all the time is witnesses who lie about their level of certainty.

  30. #30
    Damn The Man Mr. Peabody's Avatar
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    yeah well a schitzophrenic really believes he's supposed to go and kill the people the voices in his head are telling him to kill...
    Which is why you can plea not guilty by reason of insanity

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