WAR ON DRUGS IS REALLY A WAR ON US

TULIA, Texas-Across the nation unsuspecting communities have become
microcosms of the Drug War, which seems to have become a veritable breeding
ground-if not proving ground-of corruption, racism, and injustice while
working people foot the bill.

Contrary to what the government would like you to believe, the "bad guys" in
this war are not just the big drug cartels and the "kingpins" making
millions off of innocent children-as depicted in anti-drug advertisements.
Now, the bad guys are your next-door neighbors and the people you sit beside
in church. Sometimes the bad guys are the cops themselves.

One morning last year, Mario Paz, a 65-year-old grandfather in Los Angeles
was awakened by a SWAT unit. Mario was shot and killed in his own bed. The
police, it turned out, were looking for a drug dealer who had once lived
next door but had moved several years before the raid.

In Detroit, FBI agents arrested two police officers on drug trafficking
charges as part of an investigation into department corruption in November
1998. The officers were accused of stealing cocaine while on duty, putting
it in their patrol car for the purpose of reselling it later to a street
gang.

In Cleveland, in February 1998, 44 cops and corrections officers from
northern Ohio, along with eight of their pals accused of pretending to be
officers, were arrested in an FBI sting on charges of conspiring to
distribute cocaine.

Drug laws have become "Big Brother's" methods of street-sweeping, removing
"undesirables," in what many feel has the tinge of cultural cleansing or
passive eugenics.

In August 1998, the Bureau of Justice Statistics, the statistical agency of
the U.S. Justice Department, reported that "the increasing number of drug
offenses accounted for 30 percent of the total growth among Black
inmates...."

"When incarceration rates are estimated separately for men and women, Black
males in their 20s and 30s are found to have very high rates relative to
other groups. Expressed in percentages, 8.3 percent of Black males age 25 to
29 were in prison in 1996, compared to 2.6 percent of Hispanic males and
about 0.8 percent of white males in the same age group."

In a comparative analysis of drug use and arrests by race in a 1999 report
by the U.S. Department of Health and Human Services, it was found that 16.9
percent of drug users in 1998 were Black while 82 percent were white.

In the year 2000, we have over 2 million people incarcerated in the United
States. In the federal prison system, about 60 percent are imprisoned for
drug law violations.

In June 2000, Scripps Howard News Service reported that the White House
Office of National Drug Control Policy was secretly tracking internet users
searching for drug terms such as "grow pot" by using a pop-up ad banner to
drop "cookie" programs into individual users' computers. The White House
reportedly claimed that the cookies are simply tracking its anti-drug media
campaign.

Since then, the White House denied knowledge of the program and ordered its
contractor to disable it. "We didn't know it was there. It won't be
shortly," said Donald Maple, senior policy analyst with the White House Drug
Office.

Ethnic cleansing-Tulia style

In April 1998, the War on Drugs oozed its way through a small African
American community in Tulia, Texas, when an undercover narcotics officer by
the name of Tom Coleman began what would become an 18-month-long drug sting
operation.

The first battle was won by the drug-enforcement authorities in July 1999
when that sting resulted in 132 indictments against 43 individuals for drug
offenses. The eventual results are still unknown pending appeal processes
and trial delays.

Forty of the 43 arrested were Black. In Tulia, a town of about 5000 people
located in Swisher County, the African American community consists of 353
individuals. Thus, roughly one-eighth of the Black community was arrested.

Children watched as parents were taken from them. Wives were left
husbandless, unwitting widows of the Drug War. They were left to fend for
themselves and their families after being stripped of the family
breadwinners.

Mattie White has three children and several relatives indicted in connection
with the sting. She explained, "It's all around town; they don't want Blacks
living around town. The police have always targeted my family. It's terrible
here. This town is just pitiful." Mattie now takes care of several orphans
of the Drug War's Battle of Tulia.

In a sworn affidavit, White asserts that Swisher County Sheriff Larry
Stewart gave Tom Coleman a list of names prior to the investigation.
"Sheriff Stewart told me that he had a list of names of Black people in town
he wanted investigated."

Stewart denies targeting Blacks. "I will tell you this: I guess anyone, in
their mind, has folks they think could be involved. I did not hand him a
list and say go out and do this. He was told to go wherever the
investigation led, whether it led to my office, the richest part of town or
the poorest."

"He's a gonna getcha"

In a July 29, 1999, article in the Tulia Herald, Sheriff Stewart had a
message for criminals in Swisher County, Texas: "We want them to notice that
we are out there. We know who a lot of them are, and we want them to wonder
where we are and if we're watching. Just because they aren't arrested at the
instant they commit a crime doesn't mean we won't get them. It just means
their time hasn't come up yet."

Brrr! You sure wouldn't want to be one of "them" that the sheriff named on
his obscure "list". Many of "them" however, were not paying much heed to
these threats. And for no other reason than that they were innocent.

At least that was the case for Yul Bryant. In fact, Yul was actually living
in another town at the time of his alleged offense. Imagine his surprise
when he was suddenly arrested on the accusation of selling drugs to Tom
Coleman, a man he had never seen in his life.

In one of Coleman's official reports of the exchange, he described Bryant as
a "tall Black man with bushy type hair." In another official report,
however, Coleman described Bryant as "a Black man with short-type hair."
"I've been bald for the last six years," says an astonished and forthright
Yul Bryant, who stands slightly over 5'6" tall.

The case against Bryant was later dismissed, and he was set free, but not
until he had spent over seven agonizing months in jail. He is now starting
over with a new job, and you can be assured it's not in Tulia.

In the same July 29 Tulia Herald article, Sheriff Stewart "stressed the
importance of integrity not only to a police officer's credibility, but also
to his sense of professionalism."

Stewart unabashedly stated, "The officer [Coleman] went to great lengths to
be sure that all suspects were correctly identified. We're not going to put
someone in jail on a maybe. The officer swore under oath-and I truly believe
that he has correctly identified every suspect. He is a man of integrity and
professionalism. He upholds the law and that includes using every means to
properly identify every suspect."

Integrity and professionalism? Prior to working for Swisher County, Tom
Coleman had been employed in Cochran County, Texas, as a police officer.
During his employment with Cochran County, Coleman was charged with
committing an "abuse of official capacity" as well as theft.

In fact, the same sheriff who believes in Coleman's integrity received a
teletype message from the Cochran County Sheriff's Department on May 6,
1998, shortly after the 18-month undercover operation commenced, informing
him of the charges against Coleman. Seemingly in response, Coleman went on
vacation during that time.

During his testimony in one of the subsequent trials of defendants indicted
as a result of the sting operation, Coleman stated that he was unaware of
the charges against him in Cochran County until Aug. 14, 1998.

Coleman testified to his ignorance despite the fact that he had hired an
attorney, who on May 30, 1998, had filed a waiver of arraignment in his case
bearing Coleman's own signature. A waiver of arraignment permits the
defendant, in this case Coleman, to waive his appearance in court and enter
a plea of "not guilty."

An individual would be hard pressed to be able to sign such a document and
hire an attorney to defend him against such charges without the knowledge of
there being charges against him.

Former Cochran County Sheriff Ken Burke wrote a letter to the Texas
Commission on Law Enforcement Officer Standards and Education, the licensing
agency for Texas officers, on June 14, 1996. In his letter, Coleman's former
superior stated, "Mr. Coleman should not be in law enforcement if he is
going to do people the way he did this town."

With the same verve that Cochran County rejected Coleman, Swisher County
embraced him. Tom Coleman was honored as "Outstanding Lawman of the Year" in
1999 following the drug busts. It appears that Coleman was perhaps just what
they had been looking for.

The taxpayers will pay

In an Amarillo Globe News article posted April 25, 2000, Swisher County
Judge Harold Keeter said that the cost of housing and prosecuting the
individuals arrested in the drug bust is expected to be around $230,000,
which is approximately 14 percent of the county's annual budget of $3.2
million. Judge Keeter went on to say that last October, Swisher County
raised property taxes 5.8 percent to help pay for those costs.

"There's going to be a taxpayer's revolt before it's all over," said local
rancher Culwell. "I think there's a lot of questions that need to be
answered about the integrity of that undercover cop."

An interesting aspect of the community climate is that the Tulia Independent
School District implemented a random drug-testing policy in January of 1997.
The policy stirred up controversy in the town.

In 1997, Tulia High School senior Hollister Gardner sued each member of the
school board in a federal lawsuit because of its policy of randomly testing
students in extracurricular activities for drug use. The pending suit claims
that the school district violated constitutional provisions against illegal
search and seizure by enacting the policy.

Remarkably, many of the alleged drug offenses that Coleman found were
purported to have been committed in drug-free zones or school zones, which
of course enhanced the severity of the offenses. The question is how many of
these offenses Coleman orchestrated to be committed within these restricted
zones. (Additionally, one might ask about the necessity of having "drug-free
zones" when drugs are illegal everywhere.)

In an Aug. 8, 1999, Amarillo Globe News article, Tom Coleman (Mr.
Integrity), said, "It was an unpleasant surprise because it meant that the
dealers were targeting kids." His surprise echoed throughout the town,
filled with residents who were unaware of the massive drug problem until
after the busts had been made.

In an April 25, 2000, Amarillo Globe News article, Swisher County District
Attorney Terry McEachern said that fighting drugs would not be deterred by
"a few naysayers." "Drugs are out there, and we're here to stop them."

Here are some of the casualties of the fight: Freddie Brookin, 22 years old,
was sentenced to 20 years in prison. Kizzie White, 23, was sentenced to 25
years. Joe Welton Moore, 67, was sentenced to 90 years. Kareem Abdul Jabbar
White, 23, was sentenced to 60 years. Jason Jerome Williams, 20, was
sentenced to 45 years.

William Cash Love is 24 years old, a white man in an interracial
child-producing marriage. In January 2000, he was sentenced to 434 years of
imprisonment. "Cash" is pending appeal of his sentence, but there's no court
to hear the appeals of his children as they sorrowfully await the return of
their father.

After observing some of the harsh sentences that others received, many of
those accused elected to sign plea bargain agreements for as much as 18
years in prison. Each of these individuals was convicted on the sworn
statements of Tom Coleman.

What about the Constitution?

The Constitution forbids "cruel and unusual punishment," which according to
law includes sentences that are "grossly disproportionate" to the
seriousness of the crime being punished.

One man in Michigan, a first-time offender convicted of merely possessing
cocaine, was given life in prison without chance of parole. When his case
reached the U.S. Supreme Court in 1990, two of the five judges claimed the
Constitution didn't prohibit disproportionate sentences; the remaining three
judges said that while there is a bar on grossly disproportionate
punishments, the drug crisis was so serious that the sentence was not
disproportionate-and the sentence was upheld.

There is a surreal lack of a relationship between the huge Tulia sentences
and the severity of the crimes charged, which after all involve small
amounts of cocaine-a drug that the governor of Texas, George W. Bush, has
admitted to using before.

"The fact is that this punishment doesn't even begin to fit the alleged
crime," says Jeff Blackburn, a noted Texas civil rights and criminal defense
attorney. "Even if these crimes were committed, the punishment these people
have received is absurdly out of proportion to what they ought to be."

Blackburn points out that "in general, in drug cases, criminal defense
lawyers and smart observers have seen for many years now that defendants of
color are sentenced far more disproportionately to other defendants. Their
arguments aren't listened to. Their excuses are not accepted and their
stories don't count.

"This is nothing new because this is the story of the entire criminal
justice system in this country. This is why death row is full of people of
color and not white people. This why drug cases have resulted in the kind of
outrageous sentences seen in Tulia."

The Tulia bust took in a record amount of powdered cocaine, much to the
surprise of local residents since crack cocaine is more prevalent in the
economically depressed community. "There is no market for the expensive
stuff," claims one resident.

Much of the powder appears to have been provided by the Drug Task Force,
where Coleman received money and drugs for buying and selling drugs to and
from would-be offenders. Essentially, Coleman was being paid to deal drugs
to people whom he deceptively befriended.

If one were to take the trial transcripts of Mr. Coleman's testimony in
these trials and lay them side by side, highlighting the conflicting
statements made by him under oath when cross-examined by defense attorneys,
one might be able to detect the vile jaundice this police officer has
spread.

Just think, if Tom Coleman could cause such anguish and despair in a hamlet
of 5000 people, what could he or others of his ilk do in your community?
Unfortunately, it could happen. Mr. Coleman no longer works in Swisher
County, but is currently working as a law-enforcement agent in Ellis County,
Texas. Where will he show up next?

Protests in Austin and Amarillo

The Amarillo Chapter of the NAACP is looking into the drug sting in Tulia
and the questions raised as to Coleman's credibility. Local activists and
other groups, including the ACLU, are taking actions as well.

Jeff Blackburn, who is on the local ACLU board, states, "Right now we are in
the process of assembling a team of lawyers throughout the state. This story
is far from over because the extent of the corruption has proven to be so
vast and the cases so dramatic that we believe that through concerted legal
effort we may be able to 'jimmy open' some truth around these convictions.

"On the other hand, ultimately it's what people do outside the courthouse
that matters. The more people understand this kind of injustice, and the
more that they are willing to mobilize themselves through direct action
against it, the greater are the chances we can do that. And we are inspired
by the fact that a lot of local activists have come out in support of the
new legal effort to overturn these convictions and examine what lies
underneath them."

On Sept. 29, hundreds of protesters-including 43 who came down from
Tulia-rallied in front of the governor's mansion in Austin. The rally was
organized in conjunction with the filing of a federal civil rights lawsuit
on behalf of Yul Bryant, whose attorney is Jeff Blackburn.

On Oct. 3, about 140 attended a town meeting on the frame-ups, which was
held at the Black Cultural Center in Amarillo. Speakers included Alfonso
Vaughn and Iris Lawrence of the NAACP; Randy Credico and Sara Kunstler of
the Kunstler Foundation; and the Rev. Kiker, from Friends of Justice (a
support committee for the Tulia victims and their families). Jeff Blackburn
spoke for the ACLU.

Two buses came from Tulia, including 35 children whose parents have been
victimized. The Rev. Kiker introduced them on stage, saying, "There are now
43 POWs of the War on Drugs in Tulia, and these are the 35 POW orphans. This
is the collateral damage of the War on Drugs in Texas."