Pubdate: Wed, 1 Apr 2003
Source: Associated Press
Copyright: 2003 Associated Press
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)

JUDGE SAYS THROW OUT TULIA DRUG CONVICTIONS

TULIA -- A judge recommended today that a higher court overturn 38 drug 
convictions that defense attorneys claimed were racially motivated.

The 1999 arrests stemmed from the work of a single undercover agent whom 
other law-enforcement officials said had faced theft charges and used a 
racial epithet.

The Texas Court of Criminal Appeals had ordered a hearing to review 
evidence against four of the defendants. The star witness during the 
hearing, which began last month and was scheduled to resume today, was 
undercover agent Thomas Coleman.

"It is stipulated by all parties and approved by the court that Tom Coleman 
is simply not a credible witness under oath," said retired state district 
Judge Ron Chapman of Dallas, who presided over the hearing.

Chapman recommended that the appeals court grant new trials to everyone 
convicted as a result of the busts.

In all, 46 people were arrested, 39 of them black. Thirteen are still in 
prison. Others served time or were sentenced to probation.

An attorney with the National Association for the Advancement of Colored 
People said it was "hugely significant" that prosecutors acknowledged flaws 
in their cases.

"This is wonderful news, though nothing is final as of yet," said Vanita 
Gupta. "But we are very pleased that Tom Coleman's word can't be the basis 
of any standing conviction."

Jeff Blackburn, an Amarillo attorney representing two of the four men whose 
arrests were examined in the hearing, predicted Chapman's recommendation 
would carry much weight with the appellate court.

Coleman, who was due to resume his testimony that was halted when the 
hearing adjourned March 21, was not in the courthouse.

The arrests on charges of possessing and selling crack and powdered cocaine 
hinged on uncorroborated testimony by Coleman, the lone undercover drug 
agent in the 18-month operation. Coleman used no audio or video 
surveillance, often writing notes about his alleged buys on his legs.

Police found no drugs on any of the suspects arrested during the largest 
sweep.

Complaints by civil rights groups helped focus international attention on 
the Panhandle town of 5,000 midway between Lubbock and Amarillo. The 
arrests hit a large portion of the town's black population, which numbers 
only in the hundreds.

The Justice Department and the Texas attorney general's office are 
investigating the cases.
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