Pubdate: Thu, 05 Apr 2001
Source: Telegraph Herald (IA)
Copyright: 2001 Telegraph Herald
Contact:   http://www.thonline.com/
Details: http://www.mapinc.org/media/604
Author: Associated Press

RACIAL-TARGETING ALLEGATIONS PROVOKE DRUG-CASE DISMISSALS

Texas Controversy: The ACLU Alleges The Narcotics Task Force Violated The 
Suspects' Civil Rights

DALLAS (AP) - Prosecutors have dismissed 17 drug cases filed by a narcotics 
task force accused of targeting suspects because of their race.

Dismissals of the cocaine prosecutions came a week after the American Civil 
Liberties Union complained to the U.S. Justice Department that the South 
Central Narcotics Task Force violated the civil rights of blacks during a 
drug bust last year that led to 28 arrests.

Eleven people had already pleaded guilty to charges in the drug raid in 
Hearne, about 140 miles south of Dallas.

But District Attorney John Paschall said Wednesday that the dismissals were 
not race related. He said charges were thrown out because of allegedly 
tainted evidence provided by an informant who failed a polygraph test in 
the other cases and was suspected of tampering with evidence.

"Two weeks ahead of their alleged complaint, we had had some complaints 
made by the defense attorneys," Paschall said. "We checked out the 
allegations. He failed the polygraph test."

The ACLU's Texas chapter also had challenged a Panhandle drug bust in Tulia 
over alleged civil-rights violations two years ago by a similar task force 
involving local, state and federal law enforcement agencies. The ACLU 
amended its complaint in the Tulia case to include the Hearne arrests.

A grand jury is to meet April 10 to consider evidence involving the 
informant, Derrick Megress. No charges have yet been filed.

William Harrell, the Texas ACLU chapter's executive director, did not 
immediately return a telephone message left early Wednesday from The 
Associated Press.

He told The New York Times he was elated by the dismissals, but said the 11 
who already entered guilty pleas in Hearne should be permitted to withdraw 
those pleas and have their cases dismissed. Twenty-seven of the Hearne 
defendants were black.

The Justice Department is investigating the Tulia bust. Many of the 40 
cases against residents were based solely on the testimony of an undercover 
officer who himself was charged with theft and abuse of power during an 
18-month investigation.

Paschall said his task force would continue its work in Hearne, although no 
new charges would be sought in the dismissed cases.

"They will likely re-offend," he said. "We won't worry about it too much."
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