No Country for Innocent Men

"Dear Mr. Cole," the letter began. "My name is Jerry Wayne Johnson. I'm presently a Texas prisoner. You may recall my name from your 1986 rape trial in Lubbock."

Ruby Session was shaking as she read on. The year was 2007, and the letter was addressed to her son Timothy Cole. "I have been trying to locate you since 1995 to tell you I wish to confess I did in fact commit the rape Lubbock wrongly convicted you of."

Ruby sat down, stood up. A picture of Tim in a tuxedo, taken at his junior prom, smiled from the mantle. Before his trial the prosecutor had offered him a deal to plead to lesser charges. "Mother," Tim had said, "I am not pleading guilty to something I didn't do." He was sentenced to 25 years in prison. Thirteen years later, he died behind bars.

The Texas criminal-justice system has long had a harsh reputation, but it has drawn renewed scrutiny with Gov. Rick Perry's run for president. During the past 11 years, Perry has presided over 238 executions, including the infamous case of Cameron Todd Willingham, who was put to death based on a dubious arson investigation. In a September debate, Perry famously said that he had lost no sleep over the possibility of an innocent man being executed on his watch.

Yet during his governorship, Texas has exonerated no fewer than 56 people. All had served years, sometimes decades, in prison; five were on death row. As Perry sees it, these exonerations don't suggest a problem with the system—they demonstrate that it's working. "We have a very lengthy and methodical process of appeals," he said in March 2010. "And that is a great and good mark for Texas."

Perry made those remarks during an extraordinary ceremony in which he handed down the first posthumous pardon in Texas history. Timothy Cole, imprisoned while a 26-year-old student at Texas Tech University, had been failed by the justice system at every turn. But what makes his story particularly gut-wrenching is that he perished in prison even as the real rapist, Jerry Johnson, tried repeatedly to confess to the crime. By the time Johnson's story was heard, Cole had been dead nearly a  decade.

The tale of Tim Cole and Jerry Johnson, which I investigated for more than a year, reveals a system in which an innocent man, once convicted, has virtually no chance of redemption—even with the guilty man fighting for it. For the thousands of Americans spending years of their lives in prison for crimes they did not commit, the odds couldn't be much bleaker.

Click here to read the full article

Source: Mother Jones, January/February 2012 Issue