Pubdate: Sat, 31 May 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: Holly Becka
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

STATE UPHOLDS MAN'S DRUG CONVICTION

Even Though Officer, Informant Discredited In 'Fake' Scandal, Case With 
Real Thing Stands

A Dallas man caught in an early drug sting arranged by a discredited police 
informant must remain behind bars even though the case against him is now weak.

The state's highest criminal court this month upheld the conviction and 
15-year prison term of Manuel Rodriguez Garcia, ruling against a Dallas 
judge's recommendation that the case - involving real drugs - be overturned.

Mr. Garcia's was the last appeal pending before the Texas Court of Criminal 
Appeals that argued a new trial was necessary because the conviction had 
been tainted in the wake of Dallas' fake-drug scandal. Two convictions were 
overturned; two others were upheld.

Mr. Garcia had been in prison nearly nine months before the fake-drug 
scandal became public.

The first arrests in cases containing fake drugs were in May 2001 but 
weren't discovered until months later, when laboratory tests showed that 
the evidence was bogus.

Prosecutors eventually dismissed more than 80 narcotics cases tainted by 
two undercover officers and their four informants, who pleaded guilty to 
civil-rights charges. Last month, a federal grand jury indicted fired 
Dallas police Senior Cpl. Mark Delapaz on six counts of providing false 
information in cases in which paid informants planted fake drugs on 
innocent immigrants.

In Mr. Garcia's case, the Court of Criminal Appeals ruled that he had not 
shown he was innocent even though the arresting officer and informant have 
since been discredited and the state's ability to take the case to trial 
was weak.

Mr. Garcia "presents nothing to show that the evidence in his case, more 
than 900 grams of controlled substances, was planted," Judge Tom Price 
wrote in a statement. "He must do more than undermine the state's case. He 
must show evidence that affirmatively proves his innocence."

Dallas lawyer Andrew Chatham, who worked on Mr. Garcia's appeal, said he 
had hoped the appeals court would delay its decision until the federal 
investigation is finished.

"I think it's unfortunate on the grounds that the Dallas County district 
attorney's office wished to dismiss the case, acknowledged that there were 
at best irregularities in the police investigation and that the conviction 
was tainted by a confidential informant who's under federal indictment," he 
said.

"If the court is going to require actual evidence of innocence, it places 
an impossible burden on Mr. Garcia due to the fact that the federal 
government is still investigating."

Prosecutors Karen Wise and Steve Tokoly said the district attorney's office 
had no plans to intervene further on behalf of Mr. Garcia.

"We did not oppose granting relief for Mr. Garcia in the interest of 
justice, and we basically did what we could under the rules," Mr. Tokoly said.

Mr. Garcia pleaded guilty in March 2001 to two drug-delivery cases based 
partly on the word of informant Jose Ruiz Serrano. Mr. Serrano later 
pleaded guilty to a federal civil-rights charge in connection with the 
fake-drug scandal.

Mr. Garcia's plea came eight months after he was caught in July 2000 with 
real drugs. According to records, Mr. Delapaz and the informant had 
arranged for the informant to buy about 1.1 pounds of cocaine and 1 pound 
of methamphetamine from Mr. Garcia and co-defendant Guadalupe Cruz Ramirez. 
Mr. Ramirez's case, which hadn't gone to trial, was dismissed.
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