Pubdate: Wed, 03 Dec 2003
Source: Dallas Morning News (TX)
Copyright: 2003 The Dallas Morning News
Contact:  http://www.dallasnews.com/
Details: http://www.mapinc.org/media/117
Author: Robert Tharp and Dave Levinthal, The Dallas Morning News
Note: Staff writer Matt Stiles contributed to this report.
Related: http://www.mapinc.org/drugnews/v03/n1856/a08.html?1138

DALLAS ANNOUNCES FAKE-DRUG PROBE

Hill Picks Ex-Prosecutor To Take Independent Look At Police Scandal

Longtime defense attorney and former prosecutor Dan Hagood will mount an 
independent investigation into the Dallas police fake-drug scandal and 
forward his findings to a Dallas County grand jury, District Attorney Bill 
Hill announced Tuesday.

Mr. Hagood said he will focus on bogus narcotics arrests by former Dallas 
detective Mark Delapaz in 2001, but he vowed to take the investigation 
wherever information leads him.

"If the inquiry of Mr. Delapaz leads me to a lawyer, I'll look at a lawyer. 
If it leads me to a judge, I'll look at a judge," he said.

Meanwhile, top Dallas city officials said they've agreed to proceed with an 
internal investigation into the scandal but declined to release details 
until Friday.

In making his announcement, Mr. Hill said he decided to hire an independent 
prosecutor after Mr. Delapaz's acquittal last week on federal civil-rights 
charges. He called Mr. Hagood "a man of the highest integrity whose 
character is above reproach." Mr. Hagood, 51, spent 12 years as an 
assistant district attorney, becoming a chief felony prosecutor and 
supervising organized crime prosecutions. In 1987, he served as an 
independent prosecutor in a Rains County drug case.

He has been in private practice since 1994 and is a managing partner at 
Fitzpatrick & Hagood. In 2002, he ran unsuccessfully in the Republican 
primary for the 5th Congressional District seat.

Dallas defense attorney Tom Mills praised Mr. Hagood's reputation.

"I would have thought it would be somebody completely separated [from 
Dallas County], but if it's not, I can't think of anybody who would do any 
better job than he would. ... He'll be independent."

Setups, Arrests

In Mr. Delapaz's federal trial, government prosecutors charged that he lied 
in police reports about witnessing drug transactions that never occurred 
and later lied to a prosecutor and an FBI agent. At least two dozen people 
were arrested and charged with possession of large amounts of drugs that 
later were revealed to be fake. Three confidential informants who worked 
for Mr. Delapaz have pleaded guilty to setting up innocent people for 
arrests. They testified against Mr. Delapaz and are awaiting sentencing.

The FBI, Justice Department and Dallas police officials have pledged to 
allow Mr. Hagood access to their files, Mr. Hill said. The investigation is 
expected to take about six months.

Mr. Hagood will be paid at the same rate as court-appointed attorneys, and 
funding will come from drug-forfeiture money, Mr. Hill said.

Mr. Hagood sat in the courtroom as a spectator for some of Mr. Delapaz's 
trial but said Tuesday that he has little direct knowledge of the facts of 
the case.

In announcing the city's internal investigation Tuesday, Mayor Laura Miller 
said, "We need to find out how in the world this happened.

"We're going to get to the bottom of this."

The mayor also criticized the FBI for what she called a sluggish 
investigation, then she promised that the city's investigation would move 
quickly.

Ms. Miller, interim police Chief Randy Hampton, City Manager Ted Benavides 
and members of the City Council's Public Safety Committee met for more than 
an hour Tuesday morning. No official would discuss who will conduct the 
city's investigation, how it would commence or whether an outside agency 
would be involved.

Council member Mitchell Rasansky said there was "some disagreement" among 
officials at the meeting. But the officials agreed in principle to the 
framework of the investigation, he said.

The investigation should move swiftly, said Elba Garcia, chairwoman of the 
Public Safety Committee. She added that the committee probably will meet in 
a special session Friday.

"We'll have a good plan by Friday," Dr. Garcia said.

The city officials vowed to work closely with Mr. Hagood's investigation. 
While not painting the investigations as a joint effort, Ms. Miller said, 
the two entities would work cooperatively.

The city's investigation will encompass all aspects of the fake-drug 
affair, leaving no issue untouched, Chief Hampton said.

Cost concerns will not hinder a full and complete investigation, Mr. 
Benavides said.

"We're going to control our costs, but I don't think that should be a 
determining factor" in the investigation's scope, he said.

Verdict Protested

A group of Hispanic and city leaders gathered Tuesday at City Hall to call 
for an independent investigation and to express frustration at the 
not-guilty verdict in the Delapaz trial. Hector Flores, national president 
of the League of United Latin American Citizens, said the public has 
learned only about the "tip of the iceberg" in the fake-drug scheme.

Like many of the speakers at the City Hall gathering, Lena Levario, a local 
LULAC president and attorney, said she was disappointed by the Delapaz 
verdict - especially because authorities promised they would "get to the 
bottom" of the scandal.

That still hasn't happened, she said.

"After two years, what have we learned?" Ms. Levario asked. "We waited 
patiently, and our patience has worn out."

Ms. Miller and a few council members attended the lunchtime event, as did 
three of the men arrested on false charges of possessing drugs.

"I want justice," said Jose Vega, who spent three months in the Dallas 
County Jail on false charges. "They have heard us, all of us."
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MAP posted-by: Beth Wehrman