Texas 2009 - 81st Regular

Texas Senate Bill SR124 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	SENATE RESOLUTION NO. 124
2	2	In Memory
3	3	of
4	4	Timothy Brian Cole
5	5	WHEREAS, Timothy Brian Cole always maintained his
6	6	innocence, and in 2008 DNA evidence finally proved he had been
7	7	wrongly incarcerated for the crime of another; and
8	8	WHEREAS, The oldest of seven children, Tim Cole grew up in
9	9	Brenham and Fort Worth; he was a devoted son and big brother who
10	10	helped take care of his siblings while his mother completed
11	11	college; although he suffered from asthma, he excelled in sports
12	12	and was a role model for neighborhood children; kind and
13	13	considerate, he made sure the younger ones were not excluded from
14	14	games; and
15	15	WHEREAS, Mr. Cole graduated from high school and began
16	16	college course work before deciding to serve his country in the
17	17	United States Army; he returned to Texas Tech University in 1985
18	18	as a 26-year-old veteran and focused intently on finishing his
19	19	bachelor's degree in business; tragically, his plans for the
20	20	future were interrupted when a rape victim mistakenly identified
21	21	him in a police lineup; he was convicted despite an alibi, a lack
22	22	of corroborating physical evidence, and the existence of another
23	23	suspect, Jerry Wayne Johnson, whose photograph had not been shown
24	24	to the victim; and
25	25	WHEREAS, Steadfastly affirming his innocence, Mr. Cole
26	26	turned down a pretrial offer of probation in exchange for a
27	27	guilty plea; later, he refused to make a confession in order to
28	28	receive parole, declaring that he would serve all 25 years of his
29	29	sentence rather than admit to something he did not do; in prison,
30	30	Mr. Cole resumed his business studies, completing a small
31	31	business management program by correspondence; he continued to
32	32	demonstrate his concern for his family, sending his brothers
33	33	financial tips, subscriptions to business magazines, and long
34	34	letters encouraging them to do well in school and get good jobs;
35	35	and
36	36	WHEREAS, This proud man declined to attend his stepfather's
37	37	funeral, rather than go in shackles; he averted visits from his
38	38	nieces and nephews, stating he would see them when he got out, but
39	39	although Mr. Cole strove to keep a positive attitude for his
40	40	family, his asthma worsened as his incarceration dragged on for
41	41	13 years; he was hospitalized a number of times, and on December
42	42	2, 1999, he died at the age of 38, never knowing that a convicted
43	43	rapist had confessed responsibility for the crime that claimed
44	44	Mr. Cole's liberty as its second victim; and
45	45	WHEREAS, Jerry Johnson first admitted culpability for the
46	46	rape in 1995; he made further attempts to clear Mr. Cole's name,
47	47	but had no success until 2007, when he wrote a letter to Mr. Cole
48	48	that reached his grieving family; modern DNA technology finally
49	49	revealed in 2008 that Mr. Johnson had committed the crime; and
50	50	WHEREAS, Although his life ended in prison, Tim Cole
51	51	conducted himself with great courage, placing truth and
52	52	integrity above even his freedom; he is deeply missed by those he
53	53	cherished, but they may now take some solace in the knowledge
54	54	that he has been vindicated before the world and is mourned by all
55	55	who learn his tragic story; now, therefore, be it
56	56	RESOLVED, That the Senate of the State of Texas, 81st
57	57	Legislature, hereby pay special tribute to the life of Timothy
58	58	Brian Cole and that profound sympathy be extended to the members
59	59	of his family; and, be it further
60	60	RESOLVED, That an official copy of this Resolution be
61	61	prepared for his family, and that when the Senate adjourns this
62	62	day, it do so in memory of Timothy Brian Cole.
63	63	Duncan Duncan
64	64	Duncan
65	65	Averitt Hegar Shapiro Averitt Hegar Shapiro
66	66	Averitt Hegar Shapiro
67	67	Carona Hinojosa Shapleigh Carona Hinojosa Shapleigh
68	68	Carona Hinojosa Shapleigh
69	69	Davis Huffman Uresti Davis Huffman Uresti
70	70	Davis Huffman Uresti
71	71	Deuell Jackson Van de Putte Deuell Jackson Van de Putte
72	72	Deuell Jackson Van de Putte
73	73	Ellis Lucio Watson Ellis Lucio Watson
74	74	Ellis Lucio Watson
75	75	Eltife Nelson Wentworth Eltife Nelson Wentworth
76	76	Eltife Nelson Wentworth
77	77	Estes Nichols West Estes Nichols West
78	78	Estes Nichols West
79	79	Fraser Ogden Whitmire Fraser Ogden Whitmire
80	80	Fraser Ogden Whitmire
81	81	Gallegos Patrick Williams Gallegos Patrick Williams
82	82	Gallegos Patrick Williams
83	83	Harris Seliger Zaffirini Harris Seliger Zaffirini
84	84	Harris Seliger Zaffirini
85	85	Dewhurst, President of the Senate
86	86	________________________________
87	87	President of the Senate
88	88	I hereby certify that the
89	89	above Resolution was adopted by
90	90	the Senate on February 4, 2009, by
91	91	a rising vote.
92	92	________________________________
93	93	Secretary of the Senate
94	94	________________________________
95	95	Member, Texas Senate
96	96
97	97	Duncan
98	98
99	99
100	100
101	101	Averitt Hegar Shapiro
102	102
103	103	Carona Hinojosa Shapleigh
104	104
105	105	Davis Huffman Uresti
106	106
107	107	Deuell Jackson Van de Putte
108	108
109	109	Ellis Lucio Watson
110	110
111	111	Eltife Nelson Wentworth
112	112
113	113	Estes Nichols West
114	114
115	115	Fraser Ogden Whitmire
116	116
117	117	Gallegos Patrick Williams
118	118
119	119	Harris Seliger Zaffirini