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. - --- MAP posted-by: Tom