From the September 2008 Idaho Observer:


…and justice for whom?

Let me get this straight. I am a bit confused.

A horrible sex crime in Texas helped create strong registration rules for sex offenders. There was something wrong.

The man convicted, beyond a reasonable doubt, was ostracized in prison and from society for this rape-murder. No doubt!

Yet, in 2008, this man, using DNA testing, was found innocent.

Over 450 innocent children were ripped from their mothers’ arms when a 16-year-old called 911 to report rapes at a "compound" in Texas (The IO, May, 2008). Nationwide, talk shows spoke about these child molesters at the "Waco-type compound."

A 30-something-year old woman in Colorado became known as the 16-year-old 911 caller. It was a hoax.

It didn’t matter. The Texas Child Protective Services (CPS) removed these children from this "compound" because of all the weapons. This brought the fear of the 1993 Waco incident to the minds of the public. The national public demanded justice.

The weapons CPS noted were from the Texas Rangers, the Texas Department of Public Safety and other law enforcement; not from the LDS (Latter Day Saints) parents.

CPS ignored laws of the State such as requirements to hold hearings; instead they used the power of radio to mention "compound," "weapons," "Waco," and "child molesters." They leaked that a 13-year-old was pregnant. All false. As of July, 2008, not one allegation has been proven in a court of law.

All CPS has done is cause millions of dollars to be spent on a hoax and terrorize children and families without cause. Where is the cry for justice now?

A prosecutor in North Carolina had his eyes on re-election. The perfect crime was about to happen. Three "white boys" raped a black woman. Re-election is guaranteed.

DNA is taken from the black erotic stripper. Something is wrong. The DNA doesn’t match the three accused.

It’s okay. The prosecutor has hidden exculpatory evidence before. He knows how to hide evidence. So what if he destroys a coach’s career. So what if he tarnishes the reputation of a college. So what if three more innocent young men go to a North Carolina prison; it’s election time.

Many cases of sexual assault are reversed every year. Unless a case captures national interest, as the North Carolina case did, most people will never hear about the exonerations.

If the judge of an appeals court writes "Do Not Publish," the case will never be in any official citation book and it will never find column ink in a local newspaper, let alone nationally.

If the North Carolina case had never generated national attention, three innocent students would be in prison today.

A case in point began to make the national news in North Texas during the late 1980s. Tim Cole was accused of sexually assaulting girls at Texas Tech University, where he attended.

If he would only plead "guilty," the trial judge would give Cole 10 years adjudicated probation. He’d walk. Cole decided to take the case to court.

The district attorney proved, "beyond a reasonable doubt," that Cole had in fact sexually assaulted these college girls. He was sentenced in 1986 to 25 years at Texas Department of Corrections (TDC).

Something was wrong.

"Such a violent crime is not in my son’s nature," his momma said. She never gave up on her son.

Time gave up on Tim Cole. After 14 years of attempting to prove his innocence, Tim died in TDC custody.

Something was still wrong. Momma was still alive, and Momma Ruby refused to give up.

Nine years after Tim Cole’s passing, his 71-year-old mother had a date in court. She now had the impossible-to-obtain DNA results. There was an angry black momma in a Texas court that day.

Momma Ruby made the State of Texas back down. In 2008, Texas placed the first posthumous exoneration in this 71-year-old momma’s hand.

Momma Ruby never gave up that her son, army hero and veteran, Timothy Brian Cole was not merely "not-guilty," but he was innocent, well beyond a reasonable doubt.

Hal V. Parfait

Beaumont, TX

PS: You would not believe all the c—p I discover in sex crimes. Over and over, the evidence does not fit the person, or the evidence cannot be found at all. Texas government code forbids an inmate to receive ANY evidence in his case. To add insult to false arrest, he/she cannot get anyone at all, except a hired attorney on the case, after filing a motion, to get the evidence. How can anyone win? Pay Big Bucks! A poor man is screwed.