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Family Fights To Clear Name Of Innocent Man

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Feb 5, 2009 6:50 pm US/Central

Family Fights To Clear Name Of Innocent Man

FORT WORTH (CBS 11 / TXA 21) ― A North Texas family is battling to clear the name of a man wrongfully accused of rape.

Timothy Cole died in prison while serving time for a crime he did not commit. Now his family is on a crusade to have his name cleared.

The family has spent 25 years proclaiming Cole's innocence, and now they want the governor to make it official.

Thursday they went before a judge in Austin.

With Barry Scheck, the famed DNA evidence attorney presenting their case, the family wants Cole's conviction overturned. Once a court does that, the governor can exonerate Cole.

Cole was found guilty of raping a Texas Tech student at knifepoint back in 1985. The student picked Cole out of a photo lineup.

Cole died in prison in 1999, but DNA evidence last year proved Cole was not the rapist.

The family says if the court overturns the conviction, it would be just a first step in clearing his name and ending 25-years of family pain.

"The real relief will come when he is pardoned by the governor," said Ruby Session, Cole's mother. "When I get his name back, then I'll be relieved."

The family could get over a big hurdle as early as Friday, when the judge says he might rule on the case.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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