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Timothy Brian Cole - The Tech Rapist

At the station, Mallin was then shown a photographic lineup by detectives. The five other pictures included in the lineup were all mug shots while Cole's was a polaroid. Cole was also looking at the camera in his picture while the others were all pictures taken from the side. Michele Mallin quickly described Cole as the perpetrator by saying, "That's him." The next day Michele also identified Cole as her attacker in a real lineup, although the other victims from similar attacks just a few months earlier did not identify him as the attacker. Based solely on Mallin's identification, Timothy Cole was arrested and charged with aggravated sexual assault. .
             Timothy Cole was finally tried by a jury nearly a year later there in Lubbock. A forensic examiner from the Texas Department of Public Safety said that an analyst from his lab reviewed the rape kit from Mallin and said that sperm was on the swabs taken from her body that night. Serology testing concluded that Mallin and Cole were both Type A secretors and that Mallin was able to secrete through any body fluid while Cole's status was unknown. Foreign pubic hairs found in Mallin's underwear were also tested and it was concluded that hers and Cole's hair were similar but because there is not adequate empirical data on the frequency of various class characters in human hair, there was no firm conclusion made. Cole presented the alibi defense -that he was studying and even had his brother and friends testify on his behalf. Evidence that Cole had severe asthma was also presented to prove that there was no way he would have been smoking cigarettes. Cole's attorney also tried entering evidence that similar attacks had continued after Cole's arrest and how a very similar attack had occurred approximately a month before Mallin's attack and that the fingerprints found on the victim's car did not match that of Cole's. The judge denied both attempts concluding that he would not allow mention of uncharged crimes to be heard by a jury.


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