H.R. No. 62
R E S O L U T I O N
WHEREAS, Timothy Brian Cole always maintained his innocence,
and in 2008 DNA evidence finally proved he had been wrongly
incarcerated for the crime of another; and
WHEREAS, The oldest of seven children, Tim Cole grew up in
Brenham and Fort Worth; he was a devoted son and big brother who
helped take care of his siblings while his mother completed
college; although he suffered from asthma, he excelled in sports
and was a role model for neighborhood children; kind and
considerate, he made sure the younger ones were not excluded from
games; and
WHEREAS, Mr. Cole graduated from high school and began
college course work before deciding to serve his country in the U.S.
Army; he returned to Texas Tech University in 1985 as a 26-year-old
veteran and focused intently on finishing his bachelor's degree in
business; tragically, his plans for the future were interrupted
when a rape victim mistakenly identified him in a police lineup; he
was convicted despite an alibi, a lack of corroborating physical
evidence, and the existence of another suspect, Jerry Wayne
Johnson, whose photograph had not been shown to the victim; and
WHEREAS, Steadfastly affirming his innocence, Mr. Cole
turned down a pretrial offer of probation in exchange for a guilty
plea; later, he refused to make a confession in order to receive
parole, declaring that he would serve all 25 years of his sentence
rather than admit to something he didn't do; in prison, Mr. Cole
resumed his business studies, completing a small business
management program by correspondence; he continued to demonstrate
his concern for his family, sending his brothers financial tips,
subscriptions to business magazines, and long letters encouraging
them to do well in school and get good jobs; and
WHEREAS, This proud man declined to attend his stepfather's
funeral, rather than go in shackles; he averted visits from his
nieces and nephews, stating he would see them when he got out, but
although Mr. Cole strove to keep a positive attitude for his family,
his asthma worsened as his incarceration dragged on for 13 years; he
was hospitalized a number of times, and on December 2, 1999, he died
at the age of 38, never knowing that a convicted rapist had
confessed responsibility for the crime that claimed Mr. Cole's
liberty as its second victim; and
WHEREAS, Jerry Johnson first admitted culpability for the
rape in 1995, but the legal system ignored his confession; he made
further attempts to clear Mr. Cole's name, but had no success until
2007, when he wrote a letter to Mr. Cole that reached his grieving
family; modern DNA technology finally revealed conclusively in 2008
that Mr. Johnson had committed the crime; and
WHEREAS, Although his life ended in prison, Tim Cole was an
innocent man who conducted himself with great courage, placing
truth and integrity above even his freedom; he is deeply missed by
those he cherished, but they may now take some solace in the
knowledge that he has been vindicated before the world and is
mourned by all who learn his tragic story; now, therefore, be it
RESOLVED, That the House of Representatives of the 81st Texas
Legislature hereby pay special tribute to the life of Timothy Brian
Cole and that profound sympathy be extended to the members of his
family; and, be it further
RESOLVED, That an official copy of this resolution be
prepared for his family and that when the Texas House of
Representatives adjourns this day, it do so in memory of Timothy
Brian Cole.
Veasey
Straus Gattis Menendez Straus Gattis Menendez
Straus Gattis Menendez
Allen Geren Merritt Allen Geren Merritt
Allen Geren Merritt
Alonzo Giddings Miklos Alonzo Giddings Miklos
Alonzo Giddings Miklos
Alvarado Gonzales Miller of Comal Alvarado Gonzales Miller of Comal
Alvarado Gonzales Miller of Comal
Anchia Gonzalez Toureilles Miller of Erath Anchia Gonzalez Toureilles Miller of Erath
Anchia Gonzalez Toureilles Miller of Erath
Anderson Guillen Moody Anderson Guillen Moody
Anderson Guillen Moody
Aycock Gutierrez Morrison Aycock Gutierrez Morrison
Aycock Gutierrez Morrison
Berman Hamilton Naishtat Berman Hamilton Naishtat
Berman Hamilton Naishtat
Bohac Hancock Oliveira Bohac Hancock Oliveira
Bohac Hancock Oliveira
Bolton Hardcastle Olivo Bolton Hardcastle Olivo
Bolton Hardcastle Olivo
Bonnen Harless Orr Bonnen Harless Orr
Bonnen Harless Orr
Branch Harper-Brown Ortiz, Jr. Branch Harper-Brown Ortiz, Jr.
Branch Harper-Brown Ortiz, Jr.
Brown of Kaufman Hartnett Otto Brown of Kaufman Hartnett Otto
Brown of Kaufman Hartnett Otto
Brown of Brazos Heflin Parker Brown of Brazos Heflin Parker
Brown of Brazos Heflin Parker
Burnam Hernandez Patrick Burnam Hernandez Patrick
Burnam Hernandez Patrick
Button Herrero Paxton Button Herrero Paxton
Button Herrero Paxton
Callegari Hilderbran Pena Callegari Hilderbran Pena
Callegari Hilderbran Pena
Castro Hochberg Phillips Castro Hochberg Phillips
Castro Hochberg Phillips
Chavez Hodge Pickett Chavez Hodge Pickett
Chavez Hodge Pickett
Chisum Homer Pierson Chisum Homer Pierson
Chisum Homer Pierson
Christian Hopson Pitts Christian Hopson Pitts
Christian Hopson Pitts
Cohen Howard of Fort Bend Quintanilla Cohen Howard of Fort Bend Quintanilla
Cohen Howard of Fort Bend Quintanilla
Coleman Howard of Travis Raymond Coleman Howard of Travis Raymond
Coleman Howard of Travis Raymond
Cook Hughes Riddle Cook Hughes Riddle
Cook Hughes Riddle
Corte Hunter Rios Ybarra Corte Hunter Rios Ybarra
Corte Hunter Rios Ybarra
Crabb Isett Ritter Crabb Isett Ritter
Crabb Isett Ritter
Craddick Jackson Rodriguez Craddick Jackson Rodriguez
Craddick Jackson Rodriguez
Creighton Jones Rose Creighton Jones Rose
Creighton Jones Rose
Crownover Keffer Sheffield Crownover Keffer Sheffield
Crownover Keffer Sheffield
Darby Kent Shelton Darby Kent Shelton
Darby Kent Shelton
Davis of Harris King of Parker Smith of Tarrant Davis of Harris King of Parker Smith of Tarrant
Davis of Harris King of Parker Smith of Tarrant
Davis of Dallas King of Taylor Smith of Harris Davis of Dallas King of Taylor Smith of Harris
Davis of Dallas King of Taylor Smith of Harris
Deshotel King of Zavala Smithee Deshotel King of Zavala Smithee
Deshotel King of Zavala Smithee
Driver Kleinschmidt Solomons Driver Kleinschmidt Solomons
Driver Kleinschmidt Solomons
Dukes Kolkhorst Strama Dukes Kolkhorst Strama
Dukes Kolkhorst Strama
Dunnam Kuempel Swinford Dunnam Kuempel Swinford
Dunnam Kuempel Swinford
Dutton Laubenberg Taylor Dutton Laubenberg Taylor
Dutton Laubenberg Taylor
Edwards Legler Thibaut Edwards Legler Thibaut
Edwards Legler Thibaut
Eiland Leibowitz Thompson Eiland Leibowitz Thompson
Eiland Leibowitz Thompson
Eissler Lewis Truitt Eissler Lewis Truitt
Eissler Lewis Truitt
Elkins Lucio III Turner of Tarrant Elkins Lucio III Turner of Tarrant
Elkins Lucio III Turner of Tarrant
England Madden Turner of Harris England Madden Turner of Harris
England Madden Turner of Harris
Farabee Maldonado Vaught Farabee Maldonado Vaught
Farabee Maldonado Vaught
Farias Mallory Caraway Veasey Farias Mallory Caraway Veasey
Farias Mallory Caraway Veasey
Farrar Marquez Villarreal Farrar Marquez Villarreal
Farrar Marquez Villarreal
Fletcher Martinez Vo Fletcher Martinez Vo
Fletcher Martinez Vo
Flores Martinez Fischer Walle Flores Martinez Fischer Walle
Flores Martinez Fischer Walle
Flynn McCall Weber Flynn McCall Weber
Flynn McCall Weber
Frost McClendon Woolley Frost McClendon Woolley
Frost McClendon Woolley
Gallego McReynolds Zerwas Gallego McReynolds Zerwas
Gallego McReynolds Zerwas
______________________________
Speaker of the House
I certify that H.R. No. 62 was unanimously adopted by a rising
vote of the House on February 4, 2009.
______________________________
Chief Clerk of the House
Straus Gattis Menendez
Allen Geren Merritt
Alonzo Giddings Miklos
Alvarado Gonzales Miller of Comal
Anchia Gonzalez Toureilles Miller of Erath
Anderson Guillen Moody
Aycock Gutierrez Morrison
Berman Hamilton Naishtat
Bohac Hancock Oliveira
Bolton Hardcastle Olivo
Bonnen Harless Orr
Branch Harper-Brown Ortiz, Jr.
Brown of Kaufman Hartnett Otto
Brown of Brazos Heflin Parker
Burnam Hernandez Patrick
Button Herrero Paxton
Callegari Hilderbran Pena
Castro Hochberg Phillips
Chavez Hodge Pickett
Chisum Homer Pierson
Christian Hopson Pitts
Cohen Howard of Fort Bend Quintanilla
Coleman Howard of Travis Raymond
Cook Hughes Riddle
Corte Hunter Rios Ybarra
Crabb Isett Ritter
Craddick Jackson Rodriguez
Creighton Jones Rose
Crownover Keffer Sheffield
Darby Kent Shelton
Davis of Harris King of Parker Smith of Tarrant
Davis of Dallas King of Taylor Smith of Harris
Deshotel King of Zavala Smithee
Driver Kleinschmidt Solomons
Dukes Kolkhorst Strama
Dunnam Kuempel Swinford
Dutton Laubenberg Taylor
Edwards Legler Thibaut
Eiland Leibowitz Thompson
Eissler Lewis Truitt
Elkins Lucio III Turner of Tarrant
England Madden Turner of Harris
Farabee Maldonado Vaught
Farias Mallory Caraway Veasey
Farrar Marquez Villarreal
Fletcher Martinez Vo
Flores Martinez Fischer Walle
Flynn McCall Weber
Frost McClendon Woolley
Gallego McReynolds Zerwas