Pubdate: Mon, 30 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

BLAME FOR INJUSTICE IN TULIA SHOULDN'T FALL SOLELY ON EX-COP

For justice truly to be served, the Tulia case shouldn't be considered 
closed now that some of the wrongfully convicted defendants are freed on 
bail and the prosecution of the officer who engineered their convictions 
faces prosecution.

The Tulia story should not end with the trial of ex-officer Tom Coleman. 
The breakdown of justice in Tulia was total. It might have started with 
Coleman who was charged with felony perjury. But there were others 
entrusted with upholding justice who were equally responsible for 
railroading dozens of Tulia residents. They, too, must be held accountable.

So far, the Texas justice system seems hesitant to do so. Many people want 
to discount or gloss over the unprofessional and questionable behavior of 
Swisher County District Attorney Terry McEachern and county Sheriff Larry 
Stewart. They should have stopped Coleman. There was plenty of warning 
about Coleman's perfidy that they overlooked or ignored.

We again urge the State Bar of Texas to investigate whether the prosecutor 
abused or violated state ethics rules governing professional conduct of 
prosecutors. State law clearly stipulates that the prosecutor's job is to 
see justice is done -- not to secure convictions by any means.

In his zeal to win convictions, McEachern failed to disclose facts that 
would have negated the guilt of Tulia defendants, according to court documents.

Stewart's conduct also is troubling. He hired Coleman without doing a 
background check, which would have turned up serious problems in Coleman's 
performance at other police departments. Most troubling is that six months 
into Coleman's undercover drug sting that played out almost entirely in 
Tulia's tiny black community, Stewart arrested Coleman on theft charges. 
Incredibly, Stewart turned Coleman loose for another 12 months to continue 
his drug sting following that arrest. Charges were dropped against Coleman 
after he paid $7,000 restitution.

Tainted convictions broke up families and robbed Tulia defendants of their 
freedom. Beyond that, though, was the damage done to the Texas Criminal 
Justice system.

For now, most of those who were wrongly convicted and sent to prison have 
been released or are out on bail. The Texas Court of Criminal Appeals 
should throw out the tainted convictions, which were won on a train of 
lies. Tulia defendants also should be pardoned or excused by the Texas 
Board of Pardon and Paroles.

There will be a tendency to blame Coleman for the entire Tulia travesty. He 
is a tempting scapegoat. But justice requires that the entire cancer be 
extracted. And that means dealing with McEachern and Stewart.
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MAP posted-by: Larry Stevens