Timothy Brian Cole was convicted of raping a
Now his family is trying to move on.
“He would respond as saying, ‘One day, it will all come out,’” said Cole Sessions, Cole’s brother. “But we never knew it would come out after his death.”
Cole died 13 years after he was put behind bars for a crime he didn't commit. It was in 1986 that Cole was plucked from a line-up and later convicted of the rape.
No phsycial evidence was used, no questioning. Just the victim's word.
“It's easy to look at things in hindsight,” said Judge Jim Bob Darnell, who was the prosecutor in Cole’s trial. “But at the point and time that all that happened it's hard to know what might have been done to make things different."
And now the family wants answers as to why their innocent son, had to die serving time he didn't owe.
"They need to know what went wrong here,” said Natalie Retzle, Executive Director of the Innocence Project in
A letter from Jerry Wayne Johnson, admitting he was the true perpetrator, was just a few years too late. Cole's family received the letter last year. And even though it came too late... Corey Session stands by his brother's decision not to admit guilty. An admission that could've saved him imprisonment.
He chose to live in a free society, rather than live as a free man,” said Session. “And that was the best role model, you know, courage, conviction, he had those things.”
Now, Cole's family is headed to the state. And if successful, Cole will be the first man in the state of
“I'm waiting to go to
The District Attorney's office will now decide if the case should be reopened, and then they will go from there to potentially have Cole exonerated.