Pubdate: Tue,  3 Jun 2003
Source: Austin American-Statesman (TX)
Copyright: 2003 Austin American-Statesman
Contact:  http://www.austin360.com/statesman/editions/today/
Details: http://www.mapinc.org/media/32
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)

MUCH WORK NEEDED, BUT FINALLY, TULIA 14 JUST DAYS FROM FREEDOM

With a stroke of his pen, Gov. Rick Perry cleared the last remaining hurdle
to bail -- and freedom -- for the Tulia 14. Still, it will take about two
weeks to complete bail arrangements for the Tulia defendants who were
wrongfully convicted of drug charges in 1999 and 2000 and have been in
prison since their arrests. However, in signing Senate Bill 1948, which
takes effect immediately, Perry put the Tulia 14 on a fast track to freedom.

Their long and frustrating ride is far from over, though. Still unresolved
are the tainted convictions that landed them in prison in the first place.
The Texas Court of Criminal Appeals will make the final determination about
whether convictions of 38 (including the 14) Tulia residents should be
thrown out as recommended by a district judge and special prosecutors
earlier this year.

The court should act expeditiously to clear all 38. It's the minimum the
court can do for the men and women who were railroaded by a corrupt criminal
justice system that starred a racist police officer, a prosecutor who
suppressed facts and a state-financed drug enforcement task force that is
accountable to no one.

In all, 46 Tulia residents were arrested on felony drug charges solely on
the say-so of then-undercover officer Tom Coleman. During his 18-month "drug
sting," Coleman targeted Tulia's tiny African American community, claiming
he made dozens of drug buys, primarily from black people.

Of those 46 individuals, 38 were convicted on the testimony of a cop whose
law enforcement record was riddled with trouble. He had a tendency to
fabricate and had been on the wrong side of the law himself. Coleman was
arrested on charges of theft during his undercover sting. Incredibly,
Swisher County Sheriff Larry Stewart allowed him to continue working
undercover on the drug sting. Charges were dropped after Coleman paid $7,000
in restitution.

Coleman misidentified suspects and changed official reports to untangle his
accusations. There were no corroborating evidence or witnesses to confirm
drug buys he said he made in public places. He claimed he made on-duty drug
buys during periods when records show he was off duty. Police didn't recover
any illegal drugs or cash when suspects were arrested. Coleman kept track of
his drug buys by writing them down on his stomach and leg, he said.

During evidentiary hearings in March, Coleman's credibility was shattered by
appeals lawyers for Tulia defendants. Visiting State District Judge Ron
Chapman said Coleman's testimony was "riddled with perjury and purposely
evasive answers."

Ironically, Coleman is free on bail while 13 men and one woman suffer in
prison. We applaud Perry for signing the bill to free the Tulia 14. Getting
the bill to him was a bipartisan effort, spearheaded by Sen. John Whitmire,
D-Houston, and Rep. Terry Keel, R-Austin. Whitmire filed the bill following
editorials on this page urging legislation to release the Tulia 14.

Whitmire said he now will press to review the regional drug task forces.
Like the one that employed Coleman, drug task forces are operating without
adequate accountability and oversight in many Texas communities. Though such
a review is welcome, there is much more that needs fixing in this case to
protect against a reoccurrence of Tulia. The State Bar of Texas should
investigate Swisher County District Attorney Terry McEachern, whose work in
this case may have violated state ethics rules governing conduct of
prosecutors. Legal findings filed in the Tulia case show that McEachern
failed to disclose facts about Coleman that would have benefited the Tulia
defendants.

The Justice Department should also find out whether the civil rights of
Tulia residents were violated.

It's a grand moment indeed, but the Tulia 14 still aren't home, and the
deeply troubling questions raised by their incarceration still aren't
answered.
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