SENATE RESOLUTION NO. 124
In Memory
of
Timothy Brian Cole
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
United States 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 did not 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; 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 in 2008 that Mr. Johnson had committed the crime; and
WHEREAS, Although his life ended in prison, Tim Cole
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 Senate of the State of Texas, 81st
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 Senate adjourns this
day, it do so in memory of Timothy Brian Cole.
Duncan Duncan
Duncan
Averitt Hegar Shapiro Averitt Hegar Shapiro
Averitt Hegar Shapiro
Carona Hinojosa Shapleigh Carona Hinojosa Shapleigh
Carona Hinojosa Shapleigh
Davis Huffman Uresti Davis Huffman Uresti
Davis Huffman Uresti
Deuell Jackson Van de Putte Deuell Jackson Van de Putte
Deuell Jackson Van de Putte
Ellis Lucio Watson Ellis Lucio Watson
Ellis Lucio Watson
Eltife Nelson Wentworth Eltife Nelson Wentworth
Eltife Nelson Wentworth
Estes Nichols West Estes Nichols West
Estes Nichols West
Fraser Ogden Whitmire Fraser Ogden Whitmire
Fraser Ogden Whitmire
Gallegos Patrick Williams Gallegos Patrick Williams
Gallegos Patrick Williams
Harris Seliger Zaffirini Harris Seliger Zaffirini
Harris Seliger Zaffirini
Dewhurst, President of the Senate
________________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on February 4, 2009, by
a rising vote.
________________________________
Secretary of the Senate
________________________________
Member, Texas Senate
Duncan
Averitt Hegar Shapiro
Carona Hinojosa Shapleigh
Davis Huffman Uresti
Deuell Jackson Van de Putte
Ellis Lucio Watson
Eltife Nelson Wentworth
Estes Nichols West
Fraser Ogden Whitmire
Gallegos Patrick Williams
Harris Seliger Zaffirini