Tim Cole, the wrongly convicted prisoner who died behind bars before the mistake was realized, may finally get that posthumous pardon from the governor.
Attorneys for Cole's family have filed for a pardon with the Texas Board of Pardons and Paroles.
The Innocence Project of Texas mailed the pardon application to Austin monday.
Cole died in prison in 1999 at age 39 before DNA testing cleared him of the 1985 rape of a Tech student.
Cole's family sought the official pardon after an Austin district judge exonerated Cole but Governor Perry maintains he can not legally issue a posthumous pardon..
Last month Attorney General Greg Abbott ruled that the Texas Constitution limits pardon power only in cases of treason or impeachment.
