Pubdate: Thu, 06 Mar 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: Matt Stiles / The Dallas Morning News
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)

PERRY SIGNS BILL TO ALLOW RELEASE OF TULIA DEFENDANTS

14 still in prison despite discredited testimony of former drug officer

AUSTIN - The 14 people still imprisoned on the testimony of a discredited 
narcotics officer in the Tulia drug case could be free later this month 
under legislation signed into law Monday by Gov. Rick Perry.

The measure allows a Swisher County judge to release the defendants on bail 
while the Texas Court of Criminal Appeals decides whether they were wrongly 
convicted. Their bail hearings could be held in Tulia as soon as 10 days 
from now, officials said.

"This bill does not make a determination about the innocence or guilt of 
the Tulia defendants, but it does allow the remaining individuals behind 
bars to be released until the justice system has finally spoken," Mr. Perry 
said during a crowded afternoon ceremony in the state Capitol.

The 14 currently in prison include one man who received a probation 
sentence, which was later revoked.

Narcotics were not found on the defendants, and their convictions were 
based mostly on the uncorroborated word of former Swisher County undercover 
agent Tom Coleman, who was indicted on perjury charges in April for 
testimony during a court review of the cases.

After seeing the opinion of retired visiting Judge Ron Chapman, who 
determined that Mr. Coleman's testimony during the trials was tainted, Mr. 
Perry asked the Board of Pardons and Paroles last month to determine 
whether clemency for some of the convicted is appropriate. The board is 
reviewing the case.

"This matter has dragged on for four years, tarnishing the reputation of 
law enforcement and raising the concern that more than a dozen Texans may 
be unfairly confined behind bars," said Mr. Perry, flanked by Lt. Gov. 
David Dewhurst and more than a dozen lawmakers.

"We can't give them back their time and liberty," said Sen. John Whitmire, 
D-Houston, who co-sponsored the measure with Rep. Terry Keel, R-Austin. "We 
were able to right a wrong in very quick timing."

The 14 could have waited in jail for years before the appellate court makes 
a decision. Prosecutors have asked that the cases be sent back to the local 
court so they can be dismissed.

It's possible that at least one of the 14 people could face jail time on 
unrelated charges, officials said.
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