Pubdate: Wed, 18 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)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)
Bookmark: http://www.mapinc.org/racial.htm (Racial Issues)
Bookmark: http://www.mapinc.org/find?118 (Perjury)

A SMALL, BUT WELCOME, STEP TOWARD JUSTICE

Justice came calling Monday at the Swisher County Courthouse, and this 
time, the door opened.

After an hour-long hearing Monday before visiting District Judge Ron 
Chapman of Dallas, bail was granted for 12 Tulia defendants, and Chapman 
declared the hearing adjourned. Then 11 men and one woman who had spent 
more than four years in Texas prisons for crimes they didn't commit stepped 
from the courthouse into freedom.

Cheers rang out. Family members swarmed over them. Tears of joy flowed. One 
defendant, Kizzie White, embraced her two children, Roneisha, 9, and 
Cashawn, 6.

"This is a blessed day," she said, fighting back tears. "I'm so grateful, 
so happy to be home with my family."

Daniel Olivarez, another defendant, will remain in prison for about two 
weeks until jurisdictional questions are resolved in his case. After that, 
he, too, should be freed on bail, his lawyers said.

Monday's release of the defendants, while welcome, is only a step in a long 
journey toward justice for them. The Texas Court of Criminal Appeals should 
move expeditiously to throw out convictions of the 12 released Monday and 
26 others ensnared in the bogus drug sting that mostly targeted Tulia's 
African American community. The Texas Board of Pardons and Paroles also 
should do its part by pardoning defendants or granting clemency or 
commutation in the cases. Only then can we say that justice, though 
delayed, has arrived.

In 1999 and 2000, this brown-brick box courthouse was the setting for a 
miscarriage of justice that took the name of the Swisher County seat: 
Tulia. Here, they were sentenced to prison terms ranging from 20 years to 
90 years on trumped-up drug felony charges by a rogue law officer who was 
fond of calling blacks "niggers."

 From the start, the Tulia case seemed bizarre and racially motivated. The 
cases were based on the word of one undercover lawman, Tom Coleman, who had 
been chased off several other police forces before coming to Tulia, working 
for a regional drug task force that operated out of Swisher County. During 
his 18-month sting, Coleman fingered 46 people, most of them African 
Americans who make up about 10 percent of Tulia's black population. Of 
those, 38 were convicted of drug trafficking despite the lack of 
corroborating evidence or witnesses to support Coleman's accusations.

Now it is Coleman who is facing perjury charges and hard time - an irony 
not lost on White's father.

"(Coleman) is the real crook," Rickey White said. "He didn't care about the 
moms, the dads and the kids he hurt. This should be a wake-up call that 
innocent people are being hurt in this system."

He is absolutely correct. Texas should heed that warning from a suffering 
father who has waited too long for his daughter and son, Kareem White, to 
be freed.

It is fitting that Tulia defendants were freed from prison in the same week 
that Texas celebrates Juneteenth, the arrival in 1865 of the news that 
slaves had been freed. That notice was two years late in coming to Texas, 
just as Tulia defendants spent years awaiting their deliverance.

Tulia is a stark reminder that the racism that spawned and perpetuated the 
enslavement of people based on their skin color continues to skew justice. 
We should remember the 12 people who walked from the courthouse to 
relatives waiting outside in the sunshine. These folks are living symbols 
that innocent people are sent to prison, maybe even to the death chamber. 
They are reminders that Texas justice is not colorblind, but rather blinded 
by color.

We shouldn't forget this day.
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