Pubdate: Fri, 21 Nov 2003 Source: Dallas Morning News (TX) Copyright: 2003 The Dallas Morning News Contact: http://www.dallasnews.com/ Details: http://www.mapinc.org/media/117 Authors: Matt Stiles and Robert Tharp 2 JUDGES TESTIFY IN FAKE-DRUG TRIAL They say arrests in false cocaine bust hinged on word of detective Two judges testified Thursday that they would not have signed arrest warrants for three men charged after bogus cocaine busts in 2001 without the word of former Dallas police Detective Mark Delapaz. The Dallas County judges told jurors in Mr. Delapaz's federal criminal trial that the statements by police informants involved in the cases would not have been enough probable cause to make arrests. U.S. prosecutors rested their case against Mr. Delapaz on Thursday, setting the stage for his defense team to begin calling witnesses. The two magistrates said they signed arrest warrants based on Mr. Delapaz's statements in police reports that he saw the drug transactions or that he and other officers were working in an "undercover capacity." "If that had not been in there, I would not have signed the arrest warrant," testified Janice Henshaw, a local lawyer and part-time magistrate at the Dallas County jail. Mr. Delapaz, a 13-year police veteran, is charged with lying in police reports and to prosecutors about whether he saw the drug transactions in some of the 2001 drug cases in which seized cocaine turned out to be billiards chalk. Prosecutors argue that his statements violated the civil rights of the arrested people by sending them to jail. He also is charged with lying to the FBI last summer during a three-hour interview as part of the federal investigation into the cases. Mr. Delapaz faces 10 years in prison if convicted. Several informants employed by the Dallas police narcotics investigators have testified that they duped Mr. Delapaz into believing that the drug transactions had happened and that the cocaine was real. From April to September 2001, at least 24 Dallas arrests involved the fake cocaine and methamphetamine. At least 80 cases involving Mr. Delapaz and the informants were dismissed as a precaution. Dallas police narcotics Detective Larry Moses, the first witness for the defense, testified primarily about Mr. Delapaz's reputation. Officer Moses told jurors that he has known Mr. Delapaz about eight years and considers him honest. Under cross-examination, prosecutors asked Officer Moses his opinion of a police officer who would lie in a police report and send innocent people to jail. Officer Moses replied that he refused to believe that his friend was capable of that unless he was mistaken. "I know Mark Delapaz," he said. "I would never think he would do something like that." Prosecutors also questioned why Mr. Delapaz wrote in arrest reports that Officer Moses was present in an "undercover capacity" during two of the questionable arrests when he was not. Officer Moses replied that he helped out on the cases but was not at the scene and that his name was likely included as being present because of the computerized format used in compiling the reports. - --- MAP posted-by: Josh