Pubdate: Thu, 31 Jul 2003
Source: Lubbock Avalanche-Journal (TX)
Copyright: 2003 The Lubbock Avalanche-Journal
Contact:  http://www.lubbockonline.com/
Details: http://www.mapinc.org/media/841
Author: John Reynolds
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)

PARDONS URGED IN DRUG CASES

Board Issues Opinion For Tulia Residents

The Texas Board of Pardons and Paroles recommended Tuesday that Gov. Rick 
Perry grant pardons to 35 people convicted in the 1999 Tulia drug busts.

All 18 members of the board recommended pardon in each case, said board 
chairman Gerald Garrett.

The governor asked the parole board May 13 to review the convictions 
obtained through testimony by Tom Cole man, a now-discredited undercover 
narcotics investigator.

Perry -- In a letter to Garrett, Perry wrote, "I urge you to begin an 
expeditious investigation into each of these cases and recommend whether a 
pardon, commutation of sentence or other clemency action is appropriate and 
just."

The parole board spent the last two months gathering information before 
issuing its recommendations about 4 p.m. Tuesday, Garrett said.

"Our mission is now complete," he said. "The Board of Pardons and Paroles 
has completed its assigned task."

Coleman's undercover work culminated in July 1999 in the arrests of 46 
people, 39 of whom were black.

The cases stemmed from an 18-month undercover operation in which Coleman 
worked alone, used no audio or video backup and claimed to have written 
notes on his legs.

In Perry's letter, the board was asked to review 38 convictions that 
retired judge Ron Chapman recommended for new trials. In April, the judge, 
who was conducting evidentiary hearings in Tulia, ruled Coleman lacked 
credibility as a witness.

The Texas Court of Criminal Appeals will later decide whether to order new 
trials. State prosecutors have said they will not pursue charges if the 
trials are ordered.

Garrett said the board consulted with prosecutors and attorneys for the 
defendants in drafting the list of 35 convictions to review.

Twelve defendants were released on bond in June after the Texas Legislature 
passed a bill allowing bail to be granted.

Although the parole board was originally charged with reviewing 38 
convictions, not all 38 people were eligible for pardon, Amarillo attorney 
Jeff Blackburn said.

Etta Kelly was on deferred adjudication, which meant she had never been 
convicted. With no conviction, she wasn't eligible for pardon, Blackburn said.

Meanwhile, Landis Barrow and Mandis Barrow aren't eligible for pardon 
because they're serving time for crimes not related to Coleman's testimony, 
Blackburn said.

"What (the board is) saying is that everyone who is legally entitled" 
should get a pardon, he said.

Blackburn was ebullient Wednesday morning when he was told the news of the 
parole board's recommendation.

"This is truly a glorious day for every one of these folks, their lawyers 
and the thousands of strong supporters we have throughout the country," he 
said.

Blackburn, who represented most of the Tulia defendants, said the 
recommendation was a culmination of four years of hard legal work.

Citing his work on the Tulia cases, the State Bar of Texas named Blackburn 
Criminal Defense Lawyer of the Year in June.

"This shows that, no matter how many flaws or problems our system has, it 
is still capable of correcting injustice," Blackburn said.

"We can only pray the governor will act on this recommendation and pardon 
every single one of these folks," he said.

The governor's General Coun sel staff will review the parole board's 
recommendations, said Gene Acuna, spokes man for the governor.

"We are expediting the process," he said.

Acuna estimated it will be about a month before the governor takes any action.
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