Lawmaker asks AG for ruling on pardons

AUSTIN (KXAN) - A state lawmaker from Houston is asking the Texas attorney general to rule on whether Gov. Rick Perry can grant a posthumous pardon to a wrongly convicted man cleared by DNA evidence.

Sen. Rodney Ellis announced Tuesday that he's asking Attorney General Greg Abbott if governors can grant posthumous pardons or if a constitutional amendment is required.

A resolution authorizing such an amendment failed to pass through the House during the most recent session.

The issue arose after family members of Tim Cole pushed Perry for a posthumous pardon.

Cole died in prison in 1999, 10 years before a Travis County judge exonerated him after DNA testing cleared him of the rape of a Texas Tech student. Another man has confessed to the crime.

Perry has said he lacks the authority to issue a posthumous pardon.