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Family Of Exonerated Texas Inmate Sues
The family of a Texas man who died in prison while serving a sentence for a rape evidence later showed he did not commit is suing in an attempt to get answers from police.
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13 Comments 
DALLAS (September 25, 2009)--The family of an innocent Texas man who died in prison while serving a sentence for a rape he did not commit has filed a lawsuit seeking answers from the Lubbock officials who wrongly imprisoned him.
Tim Cole's elderly mother filed suit Friday in a state district court in Lubbock.
According to the lawsuit, she wants to depose a Texas Tech University police officer and four Lubbock police officers including the woman who posed undercover as a Texas Tech student in an effort to flush out a serial rapist who had been assaulting students.
Cole died in prison in 1999 at the age 38 of complications from asthma he was wrongly convicted of a 1985 rape of a Texas Tech student.
He maintained his innocence for the rest of his life.
A DNA test in 2008 proved him right.
The family has sought a posthumous pardon, but Texas Gov. Rick Perry said earlier this year he doesn’t have the power to grant it.
Family members said they would ask President Barack Obama for a presidential pardon.
Latest Comments
Obviously some of you only read what you wanted to out of this story. What part of innocent but convicted is so hard to understand? The people who wrongfully convicted him owe his mother an explanation and much more. How could his jailers let him die from Asthma? Come on now, it is a fairly easy health issue to take care of. I can't believe have the comments I read here, what prejudiced planet are y'all from? He should not have spent one day in prison.
but they get $30,000 to $40,000 a year the rest of their life(plus a lump sum of about a million dollars plus) if exonerated while still alive. When he is arrested again, and he will be, does he have to pay that money back? if not he Should, along with who sued!
DNA evidence PROVED this young man could not have been the rapist. Everyone out there still saying he is guilty...get a life! This young man lost his youth and eventually his life because of a wrongful conviction. I hope his mom gets millions because she and her family deserve it. She never gave up hope for her son. I don't know what unit her son was on but chances are, officers were not paying attention when he had the asthma attack that killed him early in his life. And they probably did not care. I pray he gets a presidential pardon. Nobody deserves to die like that.
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