| First Name | Timothy |
| Last Name | Cole |
| Year of Conviction | 1986 |
| Year of Exoneration | 2009 |
| Testing inculpated culprit | Non-Cold Hit |
| State of Conviction | Texas |
| Trial, Bench Trial, or Guilty Plea | Trial |
| Type of Crime | Rape |
| Death Sentence | No |
| Gender of Exoneree | Male |
| Race of exoneree | Black |
| Juvenile | No |
| Type of Innocence Defense |
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| Description / Quotes from Testimony Concerning Defense | ● Four friends testified that the defendant was studying for a biology lab at home earlier in the evening, and that they were with him at a small party at the defendant’s apartment the night of the crime. |
| Did the defendant testify at trial? | Yes |
| Quotes from Exoneree Testimony | Defendant described how he was at home the entire night of the crime, studying and then drinking with friends. “Q. Tim, are you the man who raped [the victim]? A. No, sir, I am not |
| Types of evidence at trial |
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| Type of Forensic Evidence |
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| Types of Flawed Forensics |
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| Brief Quote / Description of Testimony | Hairs described as “similar” and fingerprint excluded defendant |
| Identity of eyewitness |
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| Lineup Procedures |
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| Suggestive Procedures | Yes ● Suggestive line-up – Cole’s was the only color photo while the other five photos in the array were black-and-white. Cole was also the only person in the photos who was looking at the camera; the other five fillers were facing to the side. ● Not told that culprit might not be in photo array or line-up ● Cole repeated from photo array to line-up |
| Quotes from testimony #1 | Victim testified at trial that when first presented with the photo array, "They asked me if I could pick him out of there, if any of them were him.” She assumed at the line-up as well that officers believed they ahd a suspect in the line-up. The police had called and “they said they had found a suspect.” |
| Unreliable Identification? | Yes ● Initially uncertain ● Disrepancies in description included height and failure to note scarring across back |
| Quotes from testimony #2 | When first shown the photo array, the victim was not positive, until prompted by detectives: “I said, I think that is him.” Q. And what did they reply after you said that? A. They said: ‘Are you positive?’ and I said: ‘Yes, I am positive that is him.’” |
| Highest level reached | Appeal |
| Claims Raised During All Appeals and Postconviction |
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| Citations to judicial opinions | Cole v. State, 735 S.W.2d 686 (Tex. App.‐Amarillo,1987) |