Pardon for Texan who died in jail 9 years on

THE family of a Texas man who died while imprisoned for a rape he did not commit yesterday gathered at his graveside with a framed copy of the state's first posthumous pardon.

Governor Rick Perry granted Timothy Cole's pardon nearly three weeks ago.

Perry gave Cole's relatives the pardon document yesterday, which confirms his innocence, at a Fort Worth hotel, completing their long ordeal.

"This is a solemn occasion but it's also a joyful occasion," Perry said. "It's solemn because we're very mindful of the loss that was suffered by the Cole family, and we're joyful because we've restored Timothy's good name."

Cole was cleared by DNA testing in 2008, nine years after he died in prison aged 39 of asthma complications. He had spent over 13 years behind bars, steadfastly maintaining his innocence of the rape of a Texas University student in Lubbock.

Despite urgings for the pardon from Cole's family Perry had said he lacked the authority to grant a posthumous pardon. But he granted it earlier this month after the attorney-general clarified the law in January.

"Our family would like to thank those who worked so diligently to make this day come to pass," said Cole's mother, Ruby Session. She thanked her son, Timothy, too, "for his contributions, even though he's not here, towards affecting change and improvement in the criminal justice system".

Texas leads the US in inmate exonerations. More than 40 Texas inmates have been released after being cleared – most exonerated by DNA evidence.

The 2008 test that cleared Cole implicated convicted rapist Jerry Wayne Johnson, who confessed in several letters to court officials dating back to 1995. But Johnson cannot be prosecuted for the rape because the statute of limitations has expired.