Winter branches bend
Stripped of leafy greens and buds
Waiting for Spring's hope
Stripped of leafy greens and buds
Waiting for Spring's hope
Veterans salute former army medic Timothy Cole
The firing of the guns had such an air of finality
Cold winds do blow upon this planet, and when ignored can carry us out beyond the realm of hope. When we fail to prepare for these winds, tragedy strikes, leaving in its wake broken hearts and broken dreams. Then we must ask ourselves: What could have we done differently? What can we do to prevent this from ever happening again?
One thing is for sure: the cold winds will always blow.
Whose child does not count? Do not they all? If so, we often fail to act in accordance with that belief. But even the tears of tragedy can provide seeds of flowering life, the sacrifice of one providing life for countless others. That is the dream of Man.
White roses were handed out for those who fought for exoneration
On a fittingly cloudy, chilly day in Fort Worth Texas, an historical marker was unveiled to hail the life of Timothy Cole, a Texas Tech student robbed of his life in the dark hole of the Texas prison system. At age 39, he died of a heart attack brought on by asthma complications. But the story did not end there.
In the outstanding fact based Soviet film "Citizen X", a serial killer is running loose in the Russian countryside. A committee - of course - is formed to find the source of the killings. As per any Soviet committee, a party member monitored with an iron fist, stating even before the evidence was in a serial killer could not be responsible for the deaths. That was a phenomenon only of the "decadent west" which could never happen in the paradise of communism. How very chilling to watch the search for truth stillborn with a preconceived agenda.
The police in the Timothy Cole case were also very Soviet like in their investigation of the rapes occurring of Texas Tech students in the mid 80s. A female undercover operative had been placed on the campus in the hopes of luring the rapist out into the open. Tim had the misfortune of striking up a conversation with the girl so when the next rape was committed, Timothy Cole was suspect number one - no matter what.
Traumatized relatives of Timothy Cole
It was said more people were at the unveiling than at the funeral
The police "investigators" took a shirt and a ring from Tim's room and used them as evidence. This despite the victim denying their assertion of belonging to the rapist:
[Rape victim Michele] Mallin said she told police, "I told them it wasn't the shirt.”
And, about the ring she said, "I told them my ring was too big of a stone."
The victim never identified Cole as the perpetrator. Even the asthma was exculpatory as the true rapist "smoked heavily" while Timothy never did. The police had their agenda and were sticking to it, and in their minds that proved they were on the correct path. Just never admit you're wrong, comrade.
Click here to read the full story and hear the actual rapist's confession as detailed by the Lubbock paper in 2008.
Tim's brother Cory with his arm around victim
Michele Mallin at the grave site
The event was well covered. Many dignitaries were there:
judges, state representatives and other judicial officials
Michele Mallin at the grave site
The event was well covered. Many dignitaries were there:
judges, state representatives and other judicial officials
After the statute of limitations ran out, the true rapist confessed - to deaf ears. None of the authorities followed up on his letter. The Innocence Project Of Texas, however, did. That started a long journey to daylight, as DNA evidence also proved Tim's innocence and a posthumous pardon was issued. Like the Soviet Union of yore, this forced even the Republic of Texas to crack under the undeniable horror of a life raped then killed by its bloody hands:
The Texas Senate passed legislation to exonerate Cole. The Texas House of Representatives bill passed through committee and then the full house. After that, it went to Governor Rick Perry to be signed into law. Another bill, named after Cole, was passed by the legislature and sent to the governor on May 11, 2009. It made those who are falsely convicted of a crime eligible for $80,000 for each year of incarceration and provide them with free college tuition. The bill also established the Timothy Cole Advisory Panel on Wrongful Convictions. A panel set up to study the causes of wrongful convictions and to devise ways of preventing them is to report to the Texas governor no later than 2011.
Jeff Blackburn, founder and chief counsel to the
Innocence Project of Texas, on the left.
Innocence Project of Texas, on the left.
Tim's brother Cory now works
for the Innocence Project
for the Innocence Project
With the unveiling of the permanent marker, Texas now slides down the slippery slope of total revelation - thank God! This beautiful metal sign stands as a forever thorn in the sides of those who fail to admit the truth: we failed this man. How many more are out there? Once one wrong is admitted, they can all be. Let the floodgates open! What is known can never be unknown again.
View entire photo set here
Here are some highlights from the commemoration and the unveiling of the marker. Very powerful.
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Comments
Far be it from me to defend the "justice" system in Texas - I can't do it and I won't. It's broken. But it's not just Texas, it's the entire US - at both the state and federal level.
This story is heartbreaking and encouraging at the same time. Thank you for posting it. And Godspeed to the Innocence Project of Texas. We have a long way to go - in Texas and in our nation.
~R~
Exonerations have been streaming out of Texas for the past several years and yet we still fight for better law enforcement methods and truth in prosecution. Perry, as demonstrated in the ongoing Todd Willingham case, still prefers denial over justice, yet even he was forced to sign these reforms into law.
Make no mistake, the countryside is some of the most beautiful I've seen and by and large, most of the people are friendly. That said, I heard it told to me best in this fashion: "Texas is the most corrupted government in the Union. All you gotta do is ask, 'Who stands to gain the most from this legislation' and follow the money back to know what's really going on here."
Texas has the highest prison population in the nation. Texas executes more convicted murderers than any other state. Texas has more 'for profit' prisons than any other state.
Admitting that the methods of prosecutorial jurisprudence are deeply, deeply flawed, corrupted by money and special influence, not to mention the extremely heavy handed mindset of harsh criminal justice (unless you have lots of money) and you have a recipe for more innocent victims in jail in Texas. I was one of those for a short (19 day) stay in a county facility.
It opened my eyes. Truly disillusioned as in having the illusions of how a justice system is exactly not that were pulled away. I am thankful that I know now what I know about it. Some of it first hand, from the mouths of those who do belong in jail, the many I met who didn't and the incredible callousness and brutality those who wear the badges displayed on a daily basis.
Nope, ray of hope or not, I plan on getting the hell outta this state ASAP.
--r--
Read the Jan 30 piece, "The Caging of America," about this topic. Private prisons are paid by the bed; that means that bed has to be occupied. Which makes immigration policy a more interesting story...
Welcome to "Lockuptown USA," w/a population of more than 6 million either confined or controlled--the second largest city in America. And most of those will come from--people of color and immigrants.
What will become of our country--and of US???
Reflecting, we're hoping this is only the beginning.
Owl, I understand your concerns. I remember echoing those very words when I was trapped in the armpit that is Amarillo. But I also have to admit if all liberal elements leave Texas it only leaves the vulnerable in an even worse spot. But I do understand the difference between reading about injustice and facing the mortal terror of knowing your fate rests in the hands of a freaking lunatic.
Unbreakable, this was my pleasure, believe me. I'll send you a PM.
elsmao, it is said to beware those who are eager to punish. That fits us to a T. We have too much false confidence in our actual true religion: making money.
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Algis, thank you very much!