Texas Issues Its First Posthumous Pardon

Presented By

Bonnie M. Wells


(March 2) – Gov. Rick Perry of Texas has granted the state's first posthumous pardon to a man who spent 13 years in jail for a wrongful rape conviction following a campaign by his family to clear his name.

The man, Tim Cole, died in prison in 1999 at age 39 while serving a 25-year sentence. He was cleared by DNA evidence in 2008, and was pronounced innocent in 2009 by state district Judge Charles Baird, who said Cole had "suffered the greatest miscarriage of justice imaginable in our criminal justice system."

{above} An inmate appears at a February 2009 court hearing on the case of Timothy Cole, whose photo is at right. Cole was serving a 25-year sentence for rape when he died in 1999. DNA evidence in 2008 showed that he didn't commit the crime.

Cole's mother, five brothers and sister expressed their happiness at the decision announced yesterday.

After receiving a phone call from Perry, Cole's mother, 73-year-old Ruby Session, said Monday: "I'm so happy. I knew it would come. I just didn't know when."

"To say the wheels of justice turn slow was an understatement when it came to Tim," said one of his brothers, Cory Session, the Fort Worth Star-Telegram reported.

Session, who is policy director for the Innocence Project of Texas, which pushed heavily to clear Cole's name, added, "The question is: How many more Tim Coles are out there?"

The project's Web site, which says Texas has more verified wrongful convictions than any other state, lists the names of 40 people, including Cole, who have been exonerated of crimes in DNA testing.

In a statement, Perry said he had been looking forward to the day he could call Session and tell her he'd pardoned her son. He had earlier been uncertain whether he had the legal right to grant a pardon, but the state attorney general clarified the law in January.

Perry's move came on the eve of today's primary election for governor. Perry, who is running for an unprecedented third four-year term, faces a tough challenge from a fellow Republican, the three-term Sen. Kay Bailey Hutchinson.

There were no comments on the pardon from Perry's opponents in today's primaries.

What an incredibly sad story.

Just today I heard a story on the news of a man in California that had been arrested for murdering a girl. The irony of this story is the fact that this same man had been arrested, tried and convicted of a brutal attack on a 13 year old girl a few years earlier. He'd served 6 years in prison and they let him loose so he could come out and kill this other kid.

There is something awfully wrong in this nation, and I for one am really tired of a system that obviously cares nothing for the people they are supposed to be helping.

When they let the real criminals off easy, and lock up innocent people for most of their lives, I say it's time to change things dramatically. Obama promised 'change.' But, I notice his 'change' doesn't include anything concerning lawyers, judges and the legal system. That's a real shame because that's exactly where the real problem is.

I believe there are thousands of innocent people sitting in prisons all across this nation. I'm convinced that Jackie McCrady is but one of those people.

Even with the Innocence Projects, they don't seem to be willing to go against those with money. This too is a shame and a disgrace.

If Jackie McCrady is in fact an innocent man, don't they care that the real killer of Jenifer McCrady is still out here and [in my opinion] still killing people? Why would they not care? How many has he murdered since Jenifer? How many did he kill before Jenifer? Did anyone care about those victims - many of which didn't have rich parents, or anyone to fight for them.

I've been told that the Ohio Innocence Project won't consider Jackie's case because 'there was no DNA,' to "re-examine." Now I'm telling everyone {and I've already said it numerous times} THERE SHOULD HAVE BEEN DNA. The proper tests were never ran.... or so I'm told.....

Why didn't they test that sleeping bag? That would have been one of the first things I would have done. I believe they would have found DNA that didn't match Jackie or Jenifer ....

Same story for the blanket she was wrapped in .... but that would have required another suspect, now wouldn't it? And, as Dave Garvey said ... Jackie McCrady was their only suspect from day one. They wouldn't even look at anyone else .... even with me screaming my guts out about another man who 'fit the picture and evidence' much better than McCrady did.

I learned during the trail that several hairs were found on Jenifer, and that they had 'tested' them at least far enough to know that they didn't match Jackie or Jenifer ..... so WHO did they belong to? Why didn't anyone care whose hair was clutched between Jenifer's fingers? Was the one found in the crook of her elbow the same as the one in her fingers? We don't know .... but we do know that none of the more than a dozen hairs found matched Jackie McCrady.

Isn't this DNA evidence?

I KNOW that the Ohio Innocence Project could run these DNA tests even at this late date and show that it belongs to another man. .... and, since I'm on a roll here, I'll go so far as to say, I'd venture to guess it would match my suspect.

But, how would that look? What would happen if Jackie McCrady was ever cleared? Oh, what a nightmare that could be .... especially since I'd notified them before, during and forever after the trial, and NOBODY would listen to me.

August 2010 will make 14 years that Jackie McCrady has sat behind bars, maintaining his innocence.

I have never spoken to Jackie McCrady .... never said one word to the man either by letter, telephone, or carrier pigeon ..... although I did send him a Christmas card one time, several years ago. It had many signatures on it. Mine was but one of them.

It is my hope that someday - somehow - the Ohio Innocence Project will select Jackie McCrady's case for review. I'm willing to help them {free of charge, of course!} in any way that I can help, as long as it is honest and within the law. I will not break our laws for anyone, not even my own flesh and blood. Everyone that knows me can tell you -- if you do something wrong and end up in jail, don't call Bonnie, because she won't come and get you!

One of my own brothers stopped speaking to me many, many years ago because he got drunk, wrecked his car and ended up in jail. He made the mistake of calling me to come get him. I said no, and I meant no. I don't like drunks driving on our streets and endangering other peoples lives.

My stubbornness cost me a brother. It has cost me friends and family alike. So be it.

And, if there wasn't an overwhelming amount of evidence that Jackie McCrady is an innocent man, I would NEVER have lifted one finger to try to help him because above everything on this earth, I absolutely despise a damned killer, and I don't even care who his victim is. It can be the lowest on earth, or queen of the elite, I care not. No one has the right to take another person's life away from them.

Sincerely,

Bonnie M. Wells

Back to the McCrady Review Series

Starlight Inner-Prizes.Com
My September Page {where the McCrady case can be found in its entirety}


Bonnie M. Wells @ bmw_fastasu@yahoo.com

This page posted March 2, 2010 // BMW