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111 Comments
- inactive, on 02/07/2009, -1/+127"Cole had refused to plead guilty before trial in exchange for probation, and while in prison, he refused to admit to the crime when it could have earned him release on parole."
Very sad that he was twice put in the position of having to choose between his freedom and his good name. I can't imagine how excruciating that must have been. - smotpoker, on 02/07/2009, -2/+43For real. It's still not much of a choice since it's not true freedom even if one does confess and his name isn't really clear one doesn't confess.
In his case, he would have had to register as a sex offender after he got free regardless of how he plead and most people would be denied a lot of jobs by being convicted of most crimes regardless of their plea. As for parole, there is no guarantee he could have gotten released for confessing but (I think) there is a good chance that confessing could have hurt subsequent appeals.
Personally I think confession should not be a requisite of parole (at least not in all cases) and the main factor should be behavior, evaluations and actions taken while incarcerated. Whether a person is guilty or not, confession doesn't in any way prove they feel guilt, have been rehabilitated or that their 'crime' was unjustified. - rbk303, on 02/08/2009, -5/+44Ah. False rape accusations. Classic. Thanks, ladies.
- redwolfwalker, on 02/07/2009, -11/+41"I have his name," Cole's mother, Ruby Cole Session, said after the hearing. "That's what I wanted."...Ms. Mallin (the rape victim) felt guilty that the wrong man went to prison....Confronting Johnson after his testimony, Mallin told him she was "going to try to forgive you, but it's going to take a long hard time. ... No woman deserves it. No person deserves what that man got. He could have been a father, he could have been a grandfather right now."...Cole was sentenced to 25 years in prison, he died in 1999 at age 39 from asthma complications (from the article)
- sillyelf74, on 02/08/2009, -1/+30What an awful position to be put in. Admit guilt when your innocent to get out of prison, or tell the truth and stay in a place he did not belong.
- ARTLUKM, on 02/07/2009, -3/+31I know this man was not executed, but I think this case is yet another example of why the death penalty must end. It's far too permanent.
- uncopyright, on 02/07/2009, -2/+28Maybe there should be an injustice section on digg
- cactus476, on 02/08/2009, -0/+23The description is misleading. It sounded like the judge said, "I'm responsible for all this. I'm truly sorry for my pathetic behavior and selfishness. I hope and pray you will forgive me" when in all reality it was the real rapist.
I actually wanted it to be the judge who said this. Whoever put Timothy Cole behind bars, they should be the ones truly ashamed. - thoughtsonthis, on 02/07/2009, -1/+23Sad story. Hopefully, with DNA used now the right culprits will end up in jail, instead of the innocent.
- spookyttws, on 02/08/2009, -1/+23Can you imagine actually being in prison (or worse, sentenced to death) for something you actually didn't do, and everyone else calling you a liar? It would drive me insane. Heck, just thinking about it is really horrible. Innocent until proven guilty. And yet we need to make sure those who do commit such crimes are kept off the streets, our legal system is a complicated one. The worst is when the people who are obviously guilty getting off on a technicality (but without law we are nothing.)
- jnosanov, on 02/08/2009, -0/+21And law enforcement opposes it because it would expose their shoddy police work.
- HairyGinoblis, on 02/08/2009, -0/+20Makes you wonder how many others there are just like this..
- DaviDTC, on 02/08/2009, -2/+22"Cole and his relatives for years claimed he was innocent, but no one believed them until evidence from the original rape kit was tested for DNA."
Why the ***** aren't we using DNA as soon as we can? Sure in 1985 we might not of been able to, but as soon as our methods became good enough, they should of started sampling all the DNA they have saved for when our methods became good enough to test with. - DharmaTurtle, on 02/08/2009, -0/+18Reminds me of the Crucible.
"Because it is my name! Because I cannot have another in my life! Because I lie and sign myself to lies! Because I am not worth the dust on the feet of them that hang! How may I live without my name? I have given you my soul; leave me my name!"
Good play. It has much harder of an impact... when you know it's happened to a real person. - anchor, on 02/08/2009, -0/+17Bull. *****. *****.
The victim is every bit as guilty as the shoddy legal system that convicted an innocent man.
If she wasn't 100% certain of who it was that raped her, she never should have chosen someone that fit the description. - Wosat, on 02/08/2009, -0/+13Eyewitness identification evidence is the leading cause of wrongful conviction in the United States. Of the more than 200 people exonerated by way of DNA evidence in the US, over 75% were wrongfully convicted on the basis of erroneous eyewitness identification evidence.
http://en.wikipedia.org/wiki/Eyewitness_identifica ... - kenism, on 02/08/2009, -4/+14I met a man that visited my university that was charged for a murder of a white woman that he did not commit. (yes, hes black) His name was Darryl Hunt, and he was in prison for almost 18 years! Long story short, white woman killed, random black man charged.
He visited us the day after Obama won the presidency too. And it was obvious to ask him how he felt about racism and I'll never forget what he said. He said he felt no hatred for anyone, and believed that the country was moving forward. Hearing stories like these at least teaches us how important it to assume someone's innocence over guilt (constitution duh! Its more than just a piece of paper to wipe your ass with like how Bush did with Guantanamo).
Its no wonder why these men were convicted, racism. Stories of these men can be located at the Innocence Project. Their stories are extremely long, and complex. But its more often than not a racist district attorney that "follows the law," and cops.
Now? It seems that Arab is the new black. Guantanamo? This country has been set back two decades of progress with that alone! Too bad someone like Cheney would never understand anything other than hatred and greed. - smotpoker, on 02/08/2009, -1/+10Yep, there are a lot of cases of people being locked up for years or decades for crimes they don't commit. Death penalty cases are the most closely scrutinized and look how many convictions turn out bad. No doubt there are much greater % of bad cases with lesser offenses which turn out to be just as bad as a death sentence due to prison violence that never get caught because of less scrutiny.
- Elliuotatar, on 02/08/2009, -1/+10That is ***** up. How the hell could our legal system work like that. Forced confessions or no parole. What. the. *****.
- eramos, on 02/08/2009, -1/+10This is why I have to laugh at people who want the death penalty for rapists. As horrible as the crimes are, you can never undo killing somebody.
- 6oo63D, on 02/08/2009, -1/+8There is no worse crime than sending an innocent man to jail (not sure if I'm paraphrasing Plato or somebody else).
I'm sure a lot of mistrials and wrongful convictions went on back in the day (and, maybe, today) because the society would rather listen to the cries of a scorned or love-spurned woman than listen to an innocent man. - anaclagon, on 02/08/2009, -0/+7So I guess the lady who identified him as the rapist has to do her part and serve about 25 years in prison right?
- Eezyville, on 02/08/2009, -2/+9I can read the article fine by myself.
- beerhound, on 02/08/2009, -2/+8While I disagree with ending the death penalty entirely, I certainly see a need to make it harder to impose. I have thought for a long time that we need a higher standard of "proof" than the "beyond a reasonable doubt" convictions we have right now. It is an overused word, but there are some jackals out there that are truly deserving of the word "monster" and when those deserving few are caught and "scientifically" proven to be guilty, our world is better off with them dead.
Would it help to have a full review the case after a conviction, but before the sentencing? Make sure the conduct of the police was completely above board, the prosecutors actually turned over all evidence as required, the defense was competent, the judge had no conflict of interest or political agenda and all the forensic tests were done by certified techs on properly calibrated equipment, etc. The conduct of all involved needs to be examined and if it isn't completely above reproach, then the death penalty is off the table and life without parole becomes the maximum sentence. - lccat, on 02/08/2009, -3/+9Don't think you can blame the woman; the police and the prosecutor were convinced he was guilty or they just wanted a quick conviction and with enough pressure they more then likely “pushed” her toward the identification. Although I don’t remember seeing this in the article, I had read in another article that the prosecutor was aware of Johnson but did not pursue because the rape victim identified Cole. Seems as if the prosecutor may have wanted the conviction more than the truth, if you didn’t know better you would think the prosecutor was Johnny Sutton.
- adikt, on 02/08/2009, -0/+6He, like most people, probably had faith in the legal system and thought that he would be cleared. He KNEW that he was innocent and figured that the truth would eventually come out. The day he was sentenced must have been like a dream that turned to a living nightmare the second he realized that he was going to prison for a crime he absolutely did not commit.
The rape victim must feel terrible knowing now that she help send an innocent man to prison and ultimately his death. Had he been a free man he might have been able to receive proper medical care that would have allowed him to be alive today.
My sympathies to Cole's family. - Elliuotatar, on 02/08/2009, -0/+6How the ***** was this guy even convicted? No DNA evidence? What evidence was there? The woman picking him out of a lineup? Since when does the testimony of one person outweigh the testimony of another, unless the other person is a police officer? Any scientist will tell you that eyewitness testimony is completely unreliable.
- rheaume, on 02/08/2009, -0/+5Great timing guys!
- inactive, on 02/08/2009, -5/+10Feminism :been putting innocent men in jail since 70's and still proud.
- xprojects, on 02/08/2009, -6/+11I know he wasn't, I didn't even have to read the article to know that. It says it in the description. That doesn't change the facts, but thanks for jumping to conclusions you ***** *****.
http://en.wikipedia.org/wiki/Capital_punishment_in ...
***** stupid conceited *****. I don't even know why I bother posting on Digg it seems sometimes like everyone here is just out to pick fights for their own narcissistic ideas.
And before you go analyzing my comment for what it actually is, trying to find yet another ***** reason to call me a moron, maybe you should realize that capital punishment is hotly debated issue and people are entitled to their opinions.
Man I can't tell you to go ***** yourself enough. Have fun burying my comment, it'll make you feel better about yourself. - adikt, on 02/08/2009, -0/+5That's not sarcasm. That's just ***** mean. I would hope that no one from your family erroneously gets caught up in the legal system.
- Deausx, on 02/08/2009, -0/+5This guy was convicted back in the mid 80s dude. DNA evidence was just barely getting started so yeah, for a long long time in every country it was whoever the sobbing rape victim picks out of a line up gets to go to jail. And a jury WILL believe some poor, raped, sobbing little girl over the stoic brute looking defeated while she describes every wiggle, squirt and moan of the rape. You whip people into a hard enough frenzy and getting a payment in blood becomes more important than getting the right blood.
- wissler, on 02/08/2009, -3/+8Proof that the justice system isn't working. Even more proof is that they don't use cases like this as proof that it needs massive overhaul.
- ancientshoes, on 02/08/2009, -5/+10alot of the blame lies in the person who was raped....so many times they are just out for blood and just want someone, anyone punished so they can have closure
- Paranor01, on 02/08/2009, -0/+5supply & demand, the price would go down eventually. new techniques to speed things up would result from it because making it faster makes more money.
- bani, on 02/08/2009, -0/+4what would you say is an appropriate remedy for an innocent person executed by the state for a crime they didn't commit?
(is it any wonder prosecutors fight so hard to prevent dna evidence being used to overturn convictions?) - xprojects, on 02/08/2009, -4/+8One more thing... if you think throwing a dude in jail for rape isn't euthanizing him than maybe you're the naive moron, if he doesn't die he'll sure wish he could.
- ElGubrush, on 02/08/2009, -3/+7Stupid bitch blamed the wrong guy, never bothered to mention she wasn't really sure it was him?
- foxhound009, on 02/08/2009, -0/+4If she identified the man as the rapist, she should be held accountable to some degree.
- xprojects, on 02/08/2009, -0/+4People usually go broke during the original trial trying to defend themselves, raising the money to hire lawyers and bring it to trial again is the issue, not the cost of the DNA test. You can't just show some DNA evidence to the warden and get out of jail, it has to be examined by a judge and jury.
Hey robbh66, thanks for dropping by again. Millions of cases, huh? Looks like you talk out of your ass a lot, huh? - highstriker, on 02/08/2009, -0/+3I think you're confused; the man who actually raped the woman is 'Wayne Johnson', not the judge. And the judge in this case is more than likely not the same judge who originally heard the case back in 1985, so there's probably nothing for him to feel guilty of..
- nwaites01, on 02/08/2009, -3/+6@hansk-
You are a major douche. - reeds1999, on 02/08/2009, -0/+3"Cole had refused to plead guilty before trial in exchange for probation, and while in prison, he refused to admit to the crime when it could have earned him release on parole."
Prima Facie evidence that the prime mover of the "justice" system is "justifying" its existence and could care less about guilt or innocence. - robbh66, on 02/08/2009, -3/+6It's expensive and there are millions of cases.
- bani, on 02/08/2009, -0/+3a prosecutor's job is not to find the truth, a prosecutor's job is to get a conviction.
- newms32, on 02/08/2009, -2/+5Does it really sound like she just wanted to throw this particular black man in jail? In this case, the problem is in the method of selecting the perpetrator in a lineup. It's vulnerable to several psychological flaws, especially since his photograph stood out from being the only Polaroid. She shouldn't be blamed when this is a case of error that's intrinsic to the human mind.
- Ajajadude, on 02/09/2009, -1/+4Good job with the copy n' paste there!
- inactive, on 02/08/2009, -0/+2It wasn't a false rape accusation. The guy in the blue shirt on the left-side of the picture was the rapist.
- teamgwho, on 02/08/2009, -4/+6dumbass. this wasn't a false rape accusation. She was actually raped. the wrong man got convicted. False rape accusation is when a woman accused someone of something she knows didn't happen cause she's got an ax to grind against that person. big difference. I seriously doubt that she had any ida that this wasn't the right guy. Bad photo presentation + bad memory. No intent.
- Firebird2k6, on 02/08/2009, -0/+2BS.
If she didn't know who it was, she can't point him out. -
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