Pubdate: Mon, 30 Dec 2002
Source: State Journal-Register (IL)
Copyright: 2002 The State Journal-Register
Contact:  http://www.sj-r.com/
Details: http://www.mapinc.org/media/425
Author: Bob Herbert
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)
Bookmark: http://www.mapinc.org/racial.htm (Racial Issues)
Bookmark: http://www.mapinc.org/find?118 (Perjury)
Bookmark: http://www.mapinc.org/ashcroft.htm (Ashcroft, John)
Bookmark: http://www.mapinc.org/Author/Bob+Herbert (Herbert, Bob)

THE LATEST FROM TULIA

Some tentative, very preliminary steps are being taken to address one of 
the great miscarriages of justice in the country - the roundup and 
prosecution of dozens of black men and women on specious drug trafficking 
charges in the Texas Panhandle town of Tulia.

There is no reason to believe that any of the people arrested in the 
humiliating roundup on July 23, 1999, were guilty of trafficking. No drugs, 
money or weapons were found. Several defendants have already been proved 
innocent. All were arrested solely on the word of a clownish undercover cop 
named Tom Coleman who had a penchant for making up charges, throwing his 
"evidence" into the garbage, scrawling important investigative information 
on his arms and legs, changing his testimony from trial to trial, making 
false statements while under oath and stumbling into legal trouble himself.

On the uncorroborated, unsubstantiated testimony of this officer, 
defendants arrested in Tulia on that shameful summer day were convicted and 
given prison sentences of 20 years, 60 years, 90 years and more. When the 
first astonishingly harsh sentences were handed down, the remaining 
defendants quickly began agreeing to plead guilty in return for more 
lenient punishment. Thirteen defendants remain in prison, serving sentences 
of up to 99 years.

In the bleak and twisted world of criminal justice in Texas, this case was 
considered cause for celebration. Mr. Coleman was hailed as a hero and 
given the state's "Lawman of the Year" award.

Local officials had every reason to believe that no one would pay attention 
to the terrible doings in Tulia. But the media spotlight has remained on 
the fiasco and the case has become a Texas-sized embarrassment. The offices 
of the U.S. attorney general, John Ashcroft, and the Texas attorney 
general, John Cornyn, have said they are investigating. But the 
investigations have been extremely quiet and so far no developments have 
been reported.

There has been a significant development in the courts, however. The Texas 
Court of Criminal Appeals, responding to petitions filed by a local 
attorney, Jeff Blackburn, and lawyers from the NAACP Legal Defense and 
Educational Fund, has sent a number of the cases back to the trial court 
for additional fact-finding.

Among other things, the appeals court wants to know if there was evidence 
available to impeach Mr. Coleman's testimony, and if there had been any 
knowledge by the prosecution of such evidence.

Ordinarily the original trial judge would handle the response to the 
request by the appeals court. But District Judge Ed Self, who presided over 
most of the Tulia trials, recused himself after defense lawyers called his 
impartiality into question. The judge, who had leaned heavily in favor of 
the prosecution during the trials, defended his rulings in a letter to the 
editor of a local newspaper last month. He was also quoted as saying that 
local residents were "tired of all the talk about the drug bust."

A new judge from an entirely different judicial district - Judge Ron 
Chapman of Dallas - has been assigned to the case. This is a very hopeful 
sign. A pair of fresh and impartial eyes is in order.

Meanwhile, the district attorney who prosecuted most of the Tulia cases, 
Terry McEachern, has a problem of his own to deal with. He was arrested in 
New Mexico the day before Thanksgiving on a misdemeanor charge of driving 
while intoxicated. Police said he was pulled over after his Jeep Cherokee 
was spotted weaving from lane to lane. He reportedly said he had consumed 
some alcohol and also the prescription drug Valium. But he said he was not 
drunk. He refused to take a blood alcohol test.

John Cornyn, the state attorney general whose office is supposed to be 
investigating the Tulia arrests, had a much better November. Mr. Cornyn, 
who actually presented Tom Coleman with his Texas "Lawman of the Year" 
award, was elected to the United States Senate. He will take his seat as 
part of the Republican majority in January.
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MAP posted-by: Larry Stevens