Legal opinion clears way for governor to pardon Cole
01/07/2010
AUSTIN – Gov. Rick Perry is empowered to grant a posthumous pardon to Timothy Cole, of Fort Worth, who died in prison before being cleared of a rape conviction, Texas Attorney General Greg Abbott said in an opinion that reverses previous legal precedent on posthumous pardons.
"I’m floored," said Cole’s brother, Cory Session, who, along with other members of Cole’s family, led the fight to win legal exoneration for the wrongfully convicted inmate. "This clears the final hurdle in a marathon race for justice to get Tim a pardon."
There was no immediate reaction from the governor’s office, and Cole said he had not been in contact with Perry’s staff after receiving word of the opinion. Session said he was notified Thursday by a staff member for Sen. Rodney Ellis, D-Houston.
Perry has been supportive of the Cole family’s efforts to clear the inmate but has said he was powerless to grant a posthumous pardon because of a previous legal precedent.
But the latest opinion from Abbott’s office said that further review in light of recent Supreme Court decisions removes the legal hurdles standing in the way of a Cole pardon.
"Given this shift in Supreme Court precedent and the Legislature’s apparent recognition of this shift, we believe a Texas court would likely conclude that the Governor may grant a posthumous pardon under current Texas law, so long as all other constitutional requirements are met," the opinion stated. It also stated: "We believe a court would likely conclude that the Board of Pardons and Paroles is authorized to recommend that the Governor grant a posthumous pardon."
DAVE MONTGOMERY, 512-476-4294 DAVE MONTGOMERY, 512-476-4294
