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