Pubdate: Fri,  1 Nov 2002
Source: Newsday (NY)
Copyright: 2002 Newsday Inc.
Contact:  http://www.newsday.com/
Details: http://www.mapinc.org/media/308
Author: Jim Vertuno, Associated Press Writer
Bookmark: http://www.mapinc.org/racial.htm (Racial Issues)

ACLU SUES OVER TEXAS DRUG ARRESTS

AUSTIN, Texas -- The American Civil Liberties Union filed a federal lawsuit 
Friday alleging that an East Texas drug sweep in which 28 blacks were 
arrested was racially motivated.

The 28 were arrested in Hearne in November 2000 on felony charges of 
possessing or distributing crack cocaine. Eleven pleaded guilty and 
prosecutors later dropped charges against the 17 others.

The lawsuit seeks compensation and an end to what it calls a pattern of 
exclusively raiding the town's black community, even though other 
neighborhoods have drug problems.

In the drug bust, one woman was accused of buying drugs at a time she was 
in the hospital giving birth. Others had time cards and witnesses to show 
they were at work at the time they were accused of committing crimes.

"Our clients have experienced a gross miscarriage of justice," said Graham 
Boyd, Director of the ACLU's Drug Policy Litigation Project and lead 
attorney in the case. Named in the lawsuit are Roberston County and the 
city of Hearne, county District Attorney John Paschall, Sheriff Gerald 
Yezak, Police Chief Michaell Fisher and members of the South Central Texas 
Regional Narcotics Task Force. Paschall denied race had been a factor.

"I don't see how race is involved other than the defendants were black and 
the informant our task force used was black," Paschall said. "Are they 
saying we should not arrest black drug dealers?"

The arrests were based on the word of informant Derrick Megress, who was 
facing burglary charges. Charges against 17 defendants were dropped after 
Megress failed a polygraph test.

The lawsuit accuses authorities of coercing Megress into fabricating 
evidence and giving false testimony by threatening him with a long prison 
sentence.

The ACLU filed the lawsuit on behalf of 12 people whose charges were 
dismissed, two who pleaded guilty and one man who was detained but never 
charged.
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