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THURSDAY, SEPT. 18, 2014 VOLUME 89 ■ ISSUE 15

WEEKEND EDITION

‘I believe in the justice system, even though the justice system doesn’t believe in me.’ — Timothy Cole

CelebratiNg iNNoCeNCe Cole exonerated 24 years after wrongful sexual assault conviction

Community gathers to honor, celebrate former student’s legacy

By KAITLIN BAIN

By KAITLIN BAIN

In 1999, at the age of 39, Timothy Cole died in prison serving a 25-year sentence for a crime he did not commit. Michele Mallin, age 24 at the time on March 24, 1985, was a Texas Tech student who was raped by a man she later believed was Cole, according to The Innocence Project website. She was parking her car across from her residence hall at the time when a man approached her and asked her to help him start his car, according to the website. Wendy Davis, Texas state senator, said after Mallin told the man she did not have jumper cables and could not help him, he threatened her with a knife, took her to a field and raped her. “Both Michele and Tim had dreams for themselves that were still very alive and real that night,” she said, “but those dreams would so dramatically change after the actions that occurred that day.” After reporting the crime, detectives took over March on 27, when Joe Nevarez of the Lubbock Police Department received a more detailed narrative statement from Mallin, according to Opinion Order of the Court. A composite picture was made and appeared in The University Daily, according to the order. On April 7, 1985, Rosanna Bagby, an undercover officer was sent into a Mr. Gatti’s restaurant to talk to Cole, according to the order. “Two weeks later, a detective spoke to Timothy Cole at a restaurant off campus and Tim became a suspect in the crime,” she said. “Officials arrested him on April 11, 1985 and convicted him of aggravated sexual assault 28 years ago, today.” During the trial, according to court records, Mallin was asked about her identification of Cole in the photos she was shown.

Lubbock community members, officials and family of Timothy Cole gathered at the Timothy Cole Memorial Park Wednesday to honor Cole with the unveiling of the Timothy Cole Statue. The event began with words from Todd Klein, former city councilman, a prayer and words from Nick Vilbas, executive director of the Freedom Project of Texas, Greg Abbott, Texas Attorney General, Governor Rick Perry, Senators Wendy Davis, Dan Patrick and Leticia Van de Putte, Rafael Anchia, state representative, and Cory Session, Cole’s brother. “The occasion of which we gather today is bittersweet,” Van de Putte said. “Bitter, bitter, because it was a tragic injustice that brought us to this moment, but sweet because it will forever allow us to remember Timothy Cole, the living man.” Each speaker told a different side of Cole’s story, from the events leading up to his wrongful conviction, Ruby Session, Cole’s late mother, and her fight for his exoneration and the Timothy Cole Act, and the unveiling of his statue. The statue is on 19th Street and University Avenue at the Timothy Cole Memorial Park and depicts Cole looking toward the Texas Tech School of Law, a school he hoped to attend. “This statue that we dedicate is that vision of hope,” Van de Putte said. “When you look at this statue you will see that it depicts Timothy in a way that he is looking toward the future and under his arm he carries the tools of knowledge – that precious gift that makes us understand what the future might hold and it’s inscribed: ‘I’m justice for all,’ and that’s what justice was about.” At the end of the event, Session’s children and grandchildren gathered around the statue singing as it was unveiled.

News editor

News editor

PHOTOS BY EMILY DE SANTOS/The Daily Toreador

FAMILY MEMBERS OF Timothy Cole watch as the statue memorializing Cole is unveiled Wednesday at Timothy Cole Memorial Park. Cole was wrongly convicted of sexual assault in 1985.

Inside

Sexual assault response procedures change following Cole exoneration pg. 3

CONVICTION continued on Page 3 ➤➤

INDEX Campus.......................2 Crossword.......................8 Opinions.....................4 Sports.......................7 Classifieds................7 L a Vi d a . . . . . . . . . . . . . . . . . . . . . . . . 5 Sudoku..........................3 EDITORIAL: 806-742-3393

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