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) |