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
	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
	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