Compensation for Unjust Convictions in Texas

[kjackson227]

That's the title of an Austin American-Statesman editorial with the subhead, "Timothy Cole Act would honor signature victim of wrongful conviction who died in prison."

It's rightly being named the Timothy Cole Act. And if it's passed by the Legislature, which it should be, it will be the influence of Cole — who died a decade ago while in prison — that gave it the momentum to become law.

Under the measure, compensation for people who were wrongfully imprisoned would increase to a lump sum payment of $80,000 per year of incarceration, up from the current $50,000. It would direct payments to the next of kin in cases in which those who were wrongfully jailed die before they were exonerated.

This is a good bill that the House passed last week. Now it's up to the Texas Senate to follow suit, and the chances look good, according to Senate sponsors, Robert Duncan, R-Lubbock, and Rodney Ellis, D-Houston. The bill could come up for a vote this week.

The legislation is likely to require a constitutional amendment to pardon the deceased Cole, who spent about 14 years in prison for a crime he did not commit. The Cole case drew national attention earlier this year, being called Texas' first posthumous DNA exoneration.

While a student at Texas Tech University in 1985, Cole was convicted of raping fellow student Michele Mallin. Police zeroed in on Cole, though he did not fit the profile of the person who had raped several women in the Lubbock area. Mallin had identified him as her attacker in a rigged lineup, underscoring problems with eyewitness identification procedures. But this year she joined Cole's family in seeking post-mortem exoneration for him after DNA evidence cleared Cole and fingered another person, who ultimately confessed to the crime. Tragically, it was too late for Cole, who died of asthma behind bars while serving a 25-year sentence.

The legislation in his name would provide financial compensation to Cole's mother, Ruby Session, who never gave up pursuing her son's innocence. In addition to lump sum payments, the bill offers monthly annuity payments for life, health insurance and 120 hours of tuition courses at a community college or state university.

[sonias]

1. It's a small tribute to Timothy Cole

He paid with his life - a horrible miscarriage of justice.

In order absolving dead man, judge criticizes police
Wednesday, April 08, 2009

In releasing a written order formally exonerating the now-deceased Timothy Cole in the 1985 rape of a fellow Texas Tech University student, state District Judge Charlie Baird on Tuesday blasted the work of the Lubbock police and called on the Legislature to pass criminal justice system reforms.

Lawyers think the case is Texas' first posthumous DNA exoneration. Baird, who sits in Travis County, took the case after a judge in Lubbock declined to hear it. He called it the "most important decision" of his judicial career.

And the Lubbock judge deserves some criticism as well for not showing any compassion or backbone either.

Sonia

[kjackson227]

2. And... not to mention countless others who have received the death...

penalty unjustifiably. I admire our District Attorney, Craig Watkins who has been using DNA evidence in order to release a few of our local prisoners who have been falsely imprisoned.

[sonias]

3. Perry signed the bill

AAS 5/27/09
Perry signs compensation bill into law
By JIM VERTUNO
Associated Press Writer

AUSTIN, Texas — People who are convicted and sent to prison for crimes they did not commit would get more money from the state as compensation, under a bill Gov. Rick Perry signed into law Wednesday.

The new law boosts lump sum payments from $50,000 to $80,000 for every year of confinement and grants an annuity to provide a lifetime of income. Exonerees would get 120 hours of paid tuition at a career center or public college.

The law is named the Tim Cole Act. Cole, of Fort Worth, died while serving prison serving time for a rape that DNA testing later showed he did not commit.

A toast to all the exonerees for helping get HB1736 passed into law. And may Tim Cole rest in peace.

Sonia

[Why Syzygy]

4. hmmm.

Could I confess to something? Is there anything about having to plead innocent at trial?

[sonias]

5. You would have had to serve time in jail and be innocent

Your pleading has nothing to do with it.

There were some cases in the Tulia drug bust cases for example, where some of the accused pled guilty for lighter sentences. They were innocent but knew the cops were corrupt, so pleading guilty for a lighter sentence actually made sense to them.

In those cases, if they were imprisoned unjustly they would be eligible for compensation for the number of years spent in jail.

Sonia

[Why Syzygy]

6. It actually scared me to

even post that in jest. Jail is a terrible place. I hope this makes law enforcement more cautious.

[Downwinder]

7. It won't make law enforcement more cautious unless it comes

out of their budget or pocket.

[Baby Snooks]

8. The bill he should have a signed...

The bill he should have signed would have been a bill mandating creation of public defender offices in every county in the state.

But too many of our legislators, including many Democrats, oppose that because it upsets the district attorneys who of course believe a defendent has the right to an attorney only after a judge has appointed one. Many might not need one at that point if they had a public defender at the point they were arrested because at that point a judge might actually dismiss the charges. That's how a public defender system works. It provides an attorney at the point of arrest. Which limits the ability of prosecutors to coerce a confession and a guilty plea. And might limit the ability of prosecutors to build a case that isn't there.

It upsets the district attorneys who quite honestly pull strings for some of our legislators. To keep them in line. To own them.

[sonias]

9. Absolutely agree

District attorneys in this states are like mob bosses protecting their territories.

Sonia