Pubdate: Wed,  2 Apr 2003
Source: Amarillo Globe-News (TX)
Copyright: 2003 Amarillo Globe-News
Contact:  http://amarillonet.com/
Details: http://www.mapinc.org/media/13
Author: Greg Cunningham
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)

REVERSALS POSSIBLE IN STING

TULIA - Evidentiary hearings on the controversial 1999 Tulia drug sting 
ended Tuesday with a stunning reversal, laying the groundwork for the 
possible release of every person arrested in the sting.

Following a week of highly damaging testimony - especially from undercover 
agent Tom Coleman, who was caught in several contradictions - the state 
reversed course and agreed to recommend that the convictions of all the 
defendants be tossed out.

After a day of negotiations by attorneys for the state and the defense 
Monday, visiting judge Ron Chapman said Tuesday he would recommend that the 
Texas Court of Criminal Appeals grant new trials to the 38 people who were 
convicted or struck plea agreements based on Coleman's accusations.

"It is stipulated by all parties and approved by the court that Tom Coleman 
is simply not a credible witness under oath," Chapman said.

"I will submit a recommendation that new trials be granted in every case."

Chapman's words came as sweet relief to a courtroom full of friends and 
family of the defendants, who sat in stunned silence as they were read but 
erupted in jubilation outside the courtroom.

"I'm so happy," said Mattie White, who has three children in prison on 
charges from the drug bust and a fourth who was charged but later cleared. 
"I wish he (Chapman) had cut them loose right now. That's the best step I 
ever heard. We've been praying for four years for this, and we haven't ever 
given up."

The decision came before the sixth day of testimony could begin in 
evidentiary hearings for defendants Jason Jerome Williams, Christopher 
Eugene Jackson, Freddie Brookins Jr. and Joe Moore.

The four men are among 46 people, 39 of whom are black, arrested after 
Coleman conducted an 18-month undercover investigation in Tulia.

The arrests brought national media attention and accusations of racial bias 
to the cases, eventually resulting in still-ongoing investigations by the 
U.S. Department of Justice and the Texas Attorney General's office.

Tuesday's decision does not free the 13 people still in prison or clear the 
records of the other 25 who struck plea agreements, but it could lay the 
groundwork to do that.

Defense attorneys will spend the next several weeks developing factual 
findings in each of the 38 cases - the rest of the 46 people arrested were 
either cleared or not prosecuted for various reasons - which will explain 
why the defendants should get new trials.

Those findings will be submitted to Chapman, who assumes jurisdiction over 
the cases.

Chapman then will send his findings of fact and conclusions of law to the 
court of appeals for its consideration.

Chapman's recommendation and the agreement by the state to abandon the 
convictions do not mean the appeals court will grant new trials, but 
defense attorneys said they think the chances are good.

"Judge Chapman is widely regarded as one of the best criminal trial judges 
in the state," said defense attorney Mitchell Zamoff, who questioned 
Coleman on the stand. "We have a high degree of confidence the court of 
criminal appeals will agree with his findings."

If the appeals court grants new trials, the state would still have to 
decide whether to prosecute again, which would require calling Coleman to 
the stand.

No final agreement has been made on new trials, but special prosecutor Rod 
Hobson said retrials are probably not an option.

"It's unlikely that they'd be retried, any of them," Hobson said.

"It would be foolish for us to go forward at this time."

Defense attorneys were thrilled at Tuesday's developments, but prosecutors 
were much more reserved in their comments.

District Attorney Terry McEachern, who prosecuted the cases, would not 
comment on what led up to the agreement.

"Nothing's settled, but I hope that justice is being done," McEachern said.

McEachern is no longer representing the state. Special prosecutor John 
Nation said all the attorneys representing the state submitted motions to 
withdraw from the cases to the judge. Chapman accepted the motions from 
McEachern and his staff, but kept Nation and Hobson on board.

Nation would not state the specific reason the resignations were submitted, 
but said they were required by rules of the court.

The decision to withdraw backing from the convictions would appear to be a 
blow to the state, but Nation said it actually showed the justice system 
functioning as it should.

"We have a duty to see that justice is done, and we acted in accordance 
with that duty today," Nation said. "The system is working."

The decision to vacate the convictions and Chapman's statement about 
Coleman also bring up the question about what will happen to the former 
undercover agent.

When asked about possible perjury charges against Coleman, Nation said only 
"No comment."

Freddie Brookins Sr. had plenty to say about the man whose testimony put 
his son in prison.

"Tom Coleman definitely needs to be in the places my son and these other 
people are in," Brookins Sr. said. "That was criminal what he did. When you 
take and mess up those many lives, you've got to pay a price."
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