Cole was convicted of rape on basis of a visual identification by the victim. Among other things, Mallin told police that the rapist smoked during the rape. However, Cole never smoked because of his severe asthma. He died in prison on December 2, 1999, from an asthma attack. Another man, Jerry Wayne Johnson, confessed to the rape in 2007. DNA evidence later confirmed that the rape was committed by Johnson. Cole was posthumously exonerated; it was the first posthumous DNA exoneration in the history of the state of Texas. Johnson confirmed in court that he was the rapist and asked the victim and Cole’s family to forgive him. ‘It’s been on my heart to express my sincerest sorrow and regret and ask to be forgiven,’ said Johnson, who is serving life in prison for two other 1985 rapes. However, Johnson cannot be charged in the Mallin case because the statute of limitations has expired.
