Judge clears dead Texas man of rape conviction

uscitizen

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Feb 7, 1:59 AM EST

Judge clears dead Texas man of rape conviction

By JIM VERTUNO
Associated Press Writer



AUSTIN, Texas (AP) -- A man who died in prison while serving time for a rape he didn't commit was cleared Friday by a judge who called the state's first posthumous DNA exoneration "the saddest case" he'd ever seen.

State District Judge Charles Baird ordered Timothy Cole's record expunged.

Cole was convicted of raping a Texas Tech University student in Lubbock in 1985 and was sentenced to 25 years in prison. He died in 1999 at age 39 from asthma complications.

http://hosted.ap.org/dynamic/stories/D/DNA_EXONERATION_DEAD_INMATE?SITE=FLTAM&SECTION=US

You might want to check out the photo at link for further insight.
 
Mallin picked Cole out of a photo lineup that included at least six other pictures. All were standard jail mug shots except for Cole's photo, which was a Polaroid. Mallin later identified Cole in a live lineup and again at trial.



Why did I see this coming in the article? Line-up, witness testimony, used to convict someone. Yet again.
 
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