"You got no right to do that to any woman. I am the one with the power now, buddy." - U2 Feedback

Go Back   U2 Feedback > Lypton Village > Free Your Mind
Click Here to Login
Reply
 
Thread Tools Search this Thread Display Modes
 
Old 02-07-2009, 05:14 PM   #1
Blue Crack Addict
 
deep's Avatar
 
Join Date: Apr 2002
Location: A far distance down.
Posts: 28,501
Local Time: 06:54 AM
"You got no right to do that to any woman. I am the one with the power now, buddy."



He sure looks like a rapist.

He sure did
to the woman that put him away for the rest of his life.


(he could have been a community organiser )


Quote:
Texan who died in prison cleared of rape conviction

Timothy Cole was sentenced for 1985 Lubbock rape

Cole refused to admit guilt to get shorter prison term; he died in 1999

DNA tests proved his innocence after another man confessed




(CNN) -- A Texas district court judge Friday reversed the conviction of a man who died in prison nearly a decade ago, almost two decades into a prison sentence for a rape he swore he did not commit, CNN affiliate KXAN reported.

Timothy Cole was convicted and sentenced to 25 years in prison for the 1985 rape of 20-year-old Michele Mallin. He maintained his innocence, but it was not confirmed by DNA until years after his 1999 death, when another inmate confessed to the rape.

In the courtroom of Judge Charlie Baird Friday afternoon, Mallin, now 44, faced Jerry Johnson, the man who confessed to the rape.

"What you did to me, you had no right to do," she told him angrily, according to Austin's KXAN. "You've got no right to do that to any woman. I am the one with the power now, buddy."

Cole's family also addressed Johnson.

"He'll never have the chance to have children," Cole's mother, Ruby Session, said. "I want you to know he was a fine young man."

Johnson has been in prison since 1985 on two convictions for aggravated sexual assault, according to the Texas Department of Corrections. He was given a life sentence for the rape of a 15-year-old girl, and a jury later tacked on a 99-year sentence for another rape, according to the Lubbock, Texas, Avalanche-Journal. He cannot be charged with the Mallin case, as the statute of limitations has expired.

Johnson also spoke Friday.

"I am responsible," he said. "I say I am truly sorry."

Then a student at Texas Tech University in Lubbock, Mallin was walking to her car, intending to move it to another parking lot, when a man approached her asking about jumper cables, she said. In a matter of seconds, he put her in a choke hold and held a knife to her neck. He forced himself into her car and drove her to the outskirts of town, where he raped her.

The next day, police investigators showed Mallin pictures of possible suspects. She chose a picture of Cole and said he was her attacker. She later identified him in a physical lineup, according to the Innocence Project of Texas.

"I was positive," she said. "I really thought it was him."

But there was one detail: Mallin told police her attacker was a smoker. "He was smoking the entire time."

Cole, who suffered from severe asthma, "was never a smoker," said his brother, Cory Session. "He took daily medications [for asthma] when he was younger."

"He was the sacrificial lamb. To them, my brother was the Tech rapist, there was no backtracking. It was the trial of the decade for Lubbock."

The "Tech rapist" attacked four women other than Mallin -- abducting them in parking lots near campus and driving them to a vacant location, where he would rape them and flee on foot, according to the Innocence Project of Texas. The rapist "terrorized" the Texas Tech campus in the mid-1980s, the organization said.

Cole, like Mallin, was a student at Texas Tech. He had finished two years of college previously and was returning to school after spending two years in the Army, his brother said.

But his dreams of getting married and having children never materialized. He was arrested and charged with Mallin's rape, declining a plea bargain offer that would have put him on probation. A jury convicted him and imposed a 25-year sentence.

That night, "he hugged my mother and he said, 'Mother, why these people lie on me, why they do this to me?'" Cole's brother Reggie Session recounted for the Avalanche-Journal, which published a three-part series on the case in June.

"He said, 'They know I ain't done nothing to that girl. I don't even know that girl. Why they do this to me, mother?' ... He cried in my mother's arms on the floor."

Later, while in prison, Cole rejected an offer of parole that would have required him to admit guilt. "His greatest wish was to be exonerated and completely vindicated," his mother, Ruby Session, told KXAN.

But the asthma that plagued Cole throughout his life brought about his death on December 2, 1999. The cause was determined to be heart complications due to his asthmatic condition. He was 39.

It was 2007 when a letter addressed to Cole arrived at his family's home, written by Johnson. Read the letter »

"You may recall my name from your 1986 rape trial in Lubbock," says the letter, dated May 11, 2007. "Your Lubbock attorney, Mike Brown, tried to show I committed the rape.

"I have been trying to locate you since 1995 to tell you I wish to confess I did in fact commit the rape Lubbock wrongly convicted you of. It is very possible that through a written confession from me and DNA testing, you can finally have your name cleared of the rape ... if this letter reaches you, please contact me by writing so that we can arrange to take the steps to get the process started. Whatever it takes, I will do it."

Johnson did not know Cole had died. In fact, according to the Avalanche-Journal, he had been writing to court officials for years to confess to the rape, but got nowhere.

Upon finding out that Cole was dead, Johnson wrote he "cried and felt double guilty, even though I know the system's at fault," according to the Avalanche-Journal.

"A day later, I am still bothered, terribly, by the death revelation. Because, not knowing Mr. Cole at all, I wonder if the wrongful incarceration contributed to his death."

The Innocence Project became involved after Cole's family received Johnson's letter. DNA tests confirmed that Johnson was Mallin's attacker. Now, Cole's family hopes the court hearing will be the final step in clearing his name.

Mallin is helping them. "I was very traumatized," she said. "I was scared for my life. I tried my hardest to remember what he looked like.

"I'm trying to get his name cleared. It's the right thing to do."

Cory Session said, "We don't blame Michele. She's very gracious."

Texan who died in prison cleared of rape conviction - CNN.com
__________________

__________________
deep is offline   Reply With Quote
Old 02-07-2009, 05:38 PM   #2
Rock n' Roll Doggie
VIP PASS
 
Vincent Vega's Avatar
 
Join Date: Jul 2005
Location: Berlin
Posts: 6,615
Local Time: 03:54 PM
No, they need to get what they deserve. God is there to judge.
__________________

__________________
Vincent Vega is offline   Reply With Quote
Old 02-07-2009, 05:39 PM   #3
BVS
Blue Crack Supplier
 
BVS's Avatar
 
Join Date: Aug 2002
Location: between my head and heart
Posts: 40,687
Local Time: 08:54 AM
You mean our justice system isn't perfect? But wait, we have absolute punishments, how can that be if there are flaws?

I thought racism died a long time ago...

What a confusing day.
__________________
BVS is online now   Reply With Quote
Old 02-07-2009, 07:47 PM   #4
Forum Moderator
 
yolland's Avatar
 
Join Date: Aug 2004
Posts: 7,471
Local Time: 03:54 PM
Misidentification in a lineup isn't per se indicative of racism, though that's not to say racism mightn't have otherwise played a role in the trial (the police investigation, sentencing, apparent nonreaction of court officials to Johnson's letters over the years, etc.).
__________________
yolland [at] interference.com


μελετώ αποτυγχάνειν. -- Διογένης της Σινώπης
yolland is offline   Reply With Quote
Old 02-07-2009, 10:06 PM   #5
Blue Crack Distributor
 
VintagePunk's Avatar
 
Join Date: Jan 2005
Location: In a dry and waterless place
Posts: 55,732
Local Time: 09:54 AM
Quote:
Originally Posted by yolland View Post
Misidentification in a lineup isn't per se indicative of racism, though that's not to say racism mightn't have otherwise played a role in the trial (the police investigation, sentencing, apparent nonreaction of court officials to Johnson's letters over the years, etc.).
I agree. Many, many psychological studies over the years have shown that eyewitness accounts of crimes are notoriously unreliable. People involved in highly stressful and potentially dangerous situations simply can't recall details accurately, in many cases.
__________________
VintagePunk is offline   Reply With Quote
Old 02-07-2009, 11:12 PM   #6
Rock n' Roll Doggie
Band-aid
 
maycocksean's Avatar
 
Join Date: Jan 2006
Location: The Most Important State in the Union
Posts: 4,882
Local Time: 09:54 AM
It's not on Mallin. It's on the Texas legal system that screwed it up. It boggles the mind that they didn't take into account his asthma when she said the guy had been smoking the whole time.

The sense I get is that the DA etc "decided" this guy was guilty and were determined to prosecute him no matter what the evidence said. It reminds of me of that guy, Darryl Hunt I think it was? They made a documentary about him. I got the same sense about his trials.
__________________
maycocksean is offline   Reply With Quote
Old 02-08-2009, 12:05 PM   #7
BVS
Blue Crack Supplier
 
BVS's Avatar
 
Join Date: Aug 2002
Location: between my head and heart
Posts: 40,687
Local Time: 08:54 AM
Quote:
Originally Posted by yolland View Post
Misidentification in a lineup isn't per se indicative of racism, though that's not to say racism mightn't have otherwise played a role in the trial (the police investigation, sentencing, apparent nonreaction of court officials to Johnson's letters over the years, etc.).
Yeah, I didn't read the article posted by Deep, but it's been all over the news here and racism did play a big part... Especially in the trial.
__________________
BVS is online now   Reply With Quote
Old 02-08-2009, 01:15 PM   #8
Rock n' Roll Doggie
 
Join Date: Dec 2004
Location: Strong Badia
Posts: 3,430
Local Time: 02:54 PM
This is why capital punishment has to go.
__________________
nathan1977 is offline   Reply With Quote
Old 02-08-2009, 02:59 PM   #9
Refugee
 
Bluer White's Avatar
 
Join Date: Jul 2005
Location: Maine
Posts: 1,886
Local Time: 09:54 AM
Agree. State executions should not be something that takes place in America.
__________________
Bluer White is offline   Reply With Quote
Old 02-08-2009, 05:38 PM   #10
Resident Photo Buff
Forum Moderator
 
Diemen's Avatar
 
Join Date: Sep 2000
Location: Somewhere in middle America
Posts: 13,238
Local Time: 08:54 AM
Quote:
Originally Posted by nathan1977 View Post
This is why capital punishment has to go.
Agreed.
__________________
Diemen is offline   Reply With Quote
Old 02-08-2009, 06:05 PM   #11
Forum Moderator
 
yolland's Avatar
 
Join Date: Aug 2004
Posts: 7,471
Local Time: 03:54 PM
Quote:
Originally Posted by maycocksean View Post
The sense I get is that the DA etc "decided" this guy was guilty and were determined to prosecute him no matter what the evidence said.
Maybe BVS knows some more about this but yeah, especially after doing some further reading, that's the sense I get about this too. It sounds like the police did indeed "decide" even before the lineup that Cole (who had 2 prior misdemeanor gun and pot possession charges, but no history of violence) was the rapist, and according to Mallin, made comments to her at the time to the effect of "This guy's a real lowlife hood" etc.--which I thought was illegal, since it's 'leading' the victim at a time when s/he's statistically already very prone to error. Apparently Mallin was also given the impression that the police had other physical evidence on Cole, but they didn't--his fingerprints weren't in her car, he had a solid alibi and multiple witnesses to vouch for it, etc. Also, as deep's article mentions, Cole's attorney at the original trial had repeatedly raised the possibility that Johnson--who was already in jail for two other rapes in the same area around the same time--had been Mallin's rapist as well, but this was apparently never seriously entertained by the judge or jury (Mallin was never shown a photo of Johnson by the police either). Then too there's the decade the DA spent ignoring Johnson's letters to him requesting an attorney so he could confess to Mallin's rape.

Anyhow, based on what I've read about it, frankly I admire Mallin for coming forth publically, speaking to the media, and seeking out Cole's family and working with them to get him exonerated (not an endeavor Lubbock law enforcement was willing to cooperate in) once she found out about Johnson's confession. It's also simply the right thing to do, of course, but certainly not the easy one. I can't imagine what Cole's mother must have felt upon receiving Johnson's letter.

It's disturbing to think how many cases get pinned solely on police lineup identification, when as VP mentioned there are decades of criminal psychology studies attesting to the fact that our memories of traumatic events aren't nearly as searingly clear as we experience them being (and to the fact that people, period, tend to have much less acuity distinguishing between unfamiliar faces when they're from a different racial background than their own, unless their lifetime social contacts with people of said background are very extensive).
__________________

__________________
yolland [at] interference.com


μελετώ αποτυγχάνειν. -- Διογένης της Σινώπης
yolland is offline   Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



All times are GMT -5. The time now is 09:54 AM.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Design, images and all things inclusive copyright © Interference.com