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Pubdate: Sun, 25 Feb 2001 Source: Lubbock Avalanche-Journal (TX) Copyright: 2001 The Lubbock Avalanche-Journal Contact: http://www.lubbockonline.com/interactive/edit.shtml Website: http://www.lubbockonline.com/ Forum: http://chat.lubbockonline.com:90/eshare/ Author: Deon Daugherty and Greg Cunningham Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas) DRUG BUST SPARKS 'TULIA PROPOSALS' AUSTIN -- The Texas chapter of the American Civil Liberties Union is asking that lawmakers file a set of ''Tulia Proposals'' in response to a 1999 drug bust that led to the arrest of about 10 percent of the city's black population. Legislation is needed to put more scrutiny on law enforcement, especially in small-town undercover operations, such as the one conducted by officer Tom Coleman, said Will Harrell, ACLU executive director. ''West Texas has a culture of police being morally justified, and police and prosecutors being the law unto themselves,'' he said. ''It sends a message statewide that you can't get away with this stuff in Travis County but you can in Swisher.'' The arrests were made based on Coleman's 18-month undercover investigation, in which he worked alone and used no audio or video recording equipment. Of the 43 people arrested, 40 are black. In lawsuits filed by Billy Wafer, a black man whose drug case has been dismissed, racial discrimination is alleged to have triggered the arrests. Wafer said the proposals can do nothing but good. ''We've always said this has to have happened for a reason, and maybe this is it. Maybe these laws are the good that will come out of all this bad.'' The Tulia Proposals suggest legislation to: require evidence that supports the word of an undercover officer; limit the authority of a judge to exclude evidence that may prove a defendant's innocence; and make public the statements to the Texas Commission on Law Enforcement Officer Standards and Education that describe the termination of a law enforcement officer when sustained allegations of excessive force exist. Tulia Police Department Chief Ed Lane was out of town Friday and couldn't be reached for comment. Harrell said there are many problems in the Tulia cases, and there are problems in arrests across the state that legislation can't fix. However, he said, there are some troubles that demand legislative action. He said evidence existed during the trials of those arrested in the drug bust that would have proved Coleman was untrustworthy, but the juries weren't able to hear it. Plus, he said, the law requires corroborating evidence when a jailhouse informant testifies, and the same stipulations should exist for undercover work. Harrell said other agencies have fail-safe methods in place, and local law enforcement should, too. ''But small-town West Texas is terrified of the DA's office or (has) other unsavory motives, and they don't care about the adequacy of proof beyond a reasonable doubt or being presumed innocent until proven guilty beyond a reasonable doubt,'' Harrell said. Coleman's attorney, Jon Mark Hogg in San Angelo, said he disagrees with the measures. ''They appear to be designed to allow individuals who commit drug offenses to avoid prosecution or conviction, to make it easier for them to avoid prosecution and conviction on their offenses,'' he said. Coleman couldn't be contacted for comment. Alan Bean, a member of the Tulia watchdog group Friends of Justice, which formed after the bust, said the recommendations are vital. ''If Mr. Coleman's testimony had been thoroughly corroborated by some kind of surveillance, then his personal background wouldn't be all that significant. But when you turn a man loose in the community and your attempt to prosecute defendants is based entirely on this man's word, it is absolutely essential he be a man of unimpeachable integrity,'' Bean said. Terry McEachern, Swisher County district attorney, said he will support any law passed by the Legislature but he believes the measures are a bad idea. The initiative requiring corroborated evidence takes the decision of what proves a case away from the jury, he said. ''You're getting into the burden of proof area, and that's for a jury to decide - not the Legislature,'' he said. McEachern said the measure could create problems in other laws, making it difficult - if not impossible - to prosecute cases such as rape, which may rely on the testimony of one person. As for admitting evidence about a witness's background, McEachern said it could have a hugely negative effect, allowing attorneys to go on fishing expeditions for any shred of evidence to damage credibility. The rule that prohibits such evidence is more often used by defense attorneys, he said. Finding someone to take on the proposals won't be an easy task, Harrell said. ''Most lawmakers are intimidated to go there,'' he said, adding that in Texas, there is probably no worse label for a lawmaker than being soft on crime. The ACLU is trying to find uncommon allies in their fight, conservatives with a reputation for being tough on crime, he said. Wichita Falls Sen. Tom Haywood, whose district includes Swisher County, said the appearance of people being wrongly convicted in Tulia ''certainly is an embarrassment.'' However, he added, while the Tulia case may center on testimony from a ''rogue'' or ''careless'' officer, he doesn't believe legislation would answer the problem. Whether to use recording devices and other witnesses, and what evidence is worthy of admittance should continue to be handled on a case-by-case basis, Haywood said. Plus, opening personnel letters regarding termination to public scrutiny would violate privacy rights, he said. The U.S. Justice Department is investigating the undercover operation in Tulia, and Haywood said it's important to see what happens with the system of law enforcement that is already in place. And for now, enacting state law would be a knee-jerk reaction to the controversy, he said. ''I generally find myself in disagreement with the ACLU,'' he said. ''I do not support their proposals.'' Harrell said the group has contacted House Speaker Pete Laney, D-Hale Center, whose district includes Swisher County. Laney seldom signs on to pending bills, and Harrell declined to name who the ACLU will ask to sponsor the measures. Mark Langford, Laney's spokesman, said all parties in the Tulia case have contacted Laney's office. Langford said Laney believes if the bills are introduced, they will go through the legislative process and have a fair hearing (Staff writer Linda Kane contributed to this report.) - --- MAP posted-by: Kirk Bauer