Pubdate: Sun, 15 Jun 2003 Source: Lubbock Avalanche-Journal (TX) Copyright: 2003 The Lubbock Avalanche-Journal Contact: http://www.lubbockonline.com/ Details: http://www.mapinc.org/media/841 Author: P. Christine Smith Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas) TULIA DEFENDANTS' RELEASE SET AFTER STORM OF CONTROVERSY TULIA - The result of years of legal wrangling is expected to culminate Monday with the release of 12 men and one woman who were arrested in July 1999 and convicted of drug offenses following a questionable undercover operation. Some have been locked up almost four years, after either pleading guilty to or being found guilty of drug charges leveled against them by a now discredited task force investigator. "I'm excited," Freddie Brookins Sr. said Friday. His son, Freddie Jr., is imprisoned after going to trial and being found guilty of delivery of 1 to 4 grams of cocaine. Brookins Jr., who had no prior convictions, was sentenced Feb. 28, 2000, to 20 years in prison. "His life is changing," Brookins Sr. said. "I'm not really satisfied with it, but it's a step in the right direction." Brookins Jr. was one of 46 Tulia residents, 39 of whom are black, who were arrested in July 1999 following an 18-month undercover investigation by Panhandle Regional Narcotics Trafficking Task Force agent Tom Coleman, who alleged all the suspects sold him powdered cocaine. Coleman's documentation of his investigation included notes written on his legs but did not include audio-or videotape evidence or witnesses. Actively participating in the years of fighting over the undercover operation have been attorneys from groups such as the American Civil Liberties Union and the NAACP Legal Defense and Educational Fund. Proceedings leading up to the release of the 13 are scheduled to begin at 1 p.m. Monday at the Swisher County Courthouse in Tulia. Retired state District Judge Ron Chapman of Dallas recently recommended the convictions be overturned because he found that Coleman was not credible. Coleman was indicted in April on perjury charges stemming from his testimony in evidentiary hearings in March that were meant to determine if the defendants had received fair trials. Of the 46 people arrested, seven were convicted, 26 entered pleas and received probation or prison terms, two pleaded guilty to misdemeanors and were fined and the disposition of one has not been determined. Charges were dropped against 10 of those arrested. At this time, 14 people remain in prison; however, one of them, Cash Love, has a case still under direct appeal and therefore cannot be released yet, said Vanita Gupta, a defense attorney with the NAACP LDEF. The expected release Monday of the 13 defendants is the result of legislation signed June 2 by Gov. Rick Perry. The law authorizes Swisher County to release the defendants pending action by the Texas Court of Criminal Appeals or the Texas Board of Pardons and Paroles. "I am thrilled beyond words," Gupta said. "It's going to be an emotional day for me and the families." Gupta, who is based in New York, became involved in the cases in the fall of 2001. She represents some of the defendants and helped to arrange for legal representation for others. Gupta said she is pleased with the expected release of the 13 defendants, but also is concerned with what the future holds for them. "Our clients still carry the cloud of conviction," Gupta said, adding that Perry could issue pardons or the court of criminal appeals could throw out the charges. - --- MAP posted-by: Jay Bergstrom