 "Photo: Jose Briseno")
Students from local universities gathered to hear the heartfelt words of a man tragically affected by the unjust imprisonment of his older brother and his battle to rescue him and those suffering from the same fate.
On Jan. 30, The Innocence Project (IP), a nationwide nonprofit organization which seeks to exonerate wrongfully incarcerated prisoners, introduced prospective volunteers — pre-law students and others interested in social work — to IP’s work in Texas.
“We wanted to see how much interest we’d get,” said Executive Director of the Innocence Project of Texas (IPOT) Natalie Roetzel.
Students from Southern Methodist University, UT Arlington and Texas Wesleyan University joined the UTD students in attendance, filling the Cecil H. Green Hall lecture venue.
“There were 72 people from UTD,” said history senior and Pre-Law Society President Megan Newman. “It was an all day session, so we’re hoping to retain all of them.”
IPOT is the Texas branch of the national IP organization, which started in late 2006. With the help of volunteers, IP has exonerated 20 men in Dallas County since 2001, said IPOT board member Mike Ware.
Dallas defense attorney and IPOT executive board member Gary Udashen said many innocent men have been given a second chance as a result of a 2001 state legislation which allowed prisoners to request DNA testing.
Policy Director for IPOT Cory Session spoke of his brother Tim Cole to explain the significance of DNA testing.
Cole spent two years at Texas Tech University followed by two years of military service. Cole returned to Lubbock in January 1985 to continue his education at the Texas Tech University School of Law, and in less than two months, he was arrested for sexual assault.
“He was a man who had no criminal record,” Session said.
In 2009, Cole was exonerated based on DNA evidence, but the discovery came too late.
Cole had died in prison of a heart attack due to complications from asthma on Dec. 2,
1999, nearly a decade earlier. He had spent 13 years in prison.
“Tim got a knock on his cell door, but it was not from the Department of Parole or the government. That knock that came on his door was death,” Session said.
Sniffs and emotion from the audience filled the silent void between Session’s words as he detailed the pain the experience brought his family.
“It was very powerful and very motivating,” Newman said.
Had IPOT existed during Tim Cole’s imprisonment, events might have unfolded differently. Ten years after Cole was incarcerated and the statute of limitations were up, the girl’s attacker confessed to the crime in an failed attempt to have Cole released.
Further research into Cole’s case has revealed errors in police procedure for both the photo and live lineups, said IPOT Communications Director Whitney Stark.
The victim’s confession was acquired through unethical means, forcing her to make a final decision on her attacker’s identity, Stark said. The victim also described her attacker as a heavy cigarette smoker, something a young man with asthma could never be.
According to Udashen, Dallas has kept biological evidence from as long as 20-30 years ago. More than 150,000 people are incarcerated in Texas and IPOT receives about 100-200 prisoner letters proclaiming innocence every week, Udashen said.
“These innocence letters are their last shred of hope,” said IPOT board member James Woodard.
Woodard’s voice rose with passion as he spoke, his fist striking the air on each syllable. Woodard spent 27 years in prison for a murder he did not commit. After sending his letter of innocence, IPOT helped Woodard receive exoneration in 2008 and a pardon in 2009.
IPOT filters through these letters, looking for cases worthy of further review, Udashen said. The organization teaches volunteer students how to locate the necessary documents involved with the approved case.
“I look forward to more specific training in the future,” Newman said.
According to Newman, her group will begin working on case investigation beginning mid-February. Each group works closely with an assigned coordinator who guides the volunteers through the process, Newman said.
“Ultimately, the student is going to prepare a memo summarizing the case,” Udashen said.
“We have very limited resources,” Udashen said. “This is real work, not busy-work. It’s going to be work that is important in this innocence process.”
Since its beginning IPOT has primarily focused on DNA cases only.
“People don’t have much doubt when exonerations are done conclusively through DNA,” Stark said.
Recently, IPOT has been investigating “junk science” and its role in trials.
Junk science includes arson science, dog scent line ups and blood spatter analysis. Stark alleges that these methods of conviction are not scientifically sound.
IPOT is now trying to invalidate the work done by Fort Bend Country Sheriff Deputy Keith Pickett, a dog sniff expert. Pickett is responsible for the conviction of more than 1,000 people through practices IPOT finds questionable, Stark said.
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