TULIA RALLY SEEKS SENSIBLE POLICY

HOUSTON - People seeking a more sensible and effective drug policy came to
Tulia last month, both to help individuals there and to give witness to the
hard truth that racially skewed drug-law enforcement is a nationwide problem.

The events in Tulia shone a spotlight on one blatant injustice, but such
miscarriages of justice are systemic in the war on drugs. Thus, it makes
very good sense to draw a connection between the injustice in Tulia and how
it was facilitated through our misguided drug policies.

Just as in fighting drug abuse, where prevention is the best policy, it is
likewise best to prevent injustice rather than to try to reverse it after
the fact.

We appreciate your Aug. 1 editorial pointing out that the issue in Tulia is
"whether justice was served," and that was the reason we came to Tulia - to
ensure the obvious injustices of two years ago are reversed. Many traveled
long distances, brought school supplies for the Tulia children affected by
the sting, and raised money for the defense fund.

However, we make no apologies for also being opposed to unwise and unjust
laws. It was no accident that a string of ministers from different faiths
and states used this opportunity to join us to stress the fundamental
immorality inherent in the drug war. Religious Leaders for a More Just and
Compassionate Drug Policy and the Texas Network of Reform Groups were among
those who joined Drug Policy Forum of Texas and Common Sense for Drug
Policy at Tulia and who have broad-based concerns about drug policy.

There is no need to speculate on various groups, facts and agendas. Web
sites at csdp.org and dpft.org provide detailed discussion of facts, plans,
the groups involved and links to a great deal more.

The Tulia convictions were based solely on the uncorroborated testimony of
a lone undercover agent, Tom Coleman, whose past included being fired from
law enforcement for erratic and unprofessional behavior. His job in Tulia
was to lie to people to gain their friendship and to cajole them into
selling him a minute amount of drugs so he could betray them. In essence,
we are talking about a person whose professional work revolves around his
talent for misrepresenting the truth.

It is noteworthy that the practice of giving false testimony in drug cases
has become so widespread in police ranks that it is informally known as
"testilying."

Several of Coleman's allegations were proved to be false, yet not one juror
out of 132 was moved to find a "reasonable doubt."

Furthermore, no drugs, money or weapons were seized. The amounts alleged,
if they even existed, were trivial - nearly all much less than the weight
of a cigarette - yet the sentences meted out were often for 20, 60 or more
years.

Contrast that to what happened when Col. James C. Hiett, the commander of
the U.S. anti-drug effort in Colombia, pleaded guilty to being party to the
smuggling of more than $700,000 worth of cocaine and heroin into the United
States in diplomatic pouches. For this nearly treasonous act, he got a few
months in prison.

This is justice?

National figures show that, percentage-wise, blacks and whites use drugs at
the same rate. If these figures are applied to Tulia, it would suggest that
there were almost 500 white "drug dealers" who were not arrested. How
strange for an 18-month-long operation purportedly designed to solve
Tulia's drug problems. This is one reason we asked, "How many black people
must we arrest to convince white people not to use drugs?"

The selective application of the law does indeed go to "the very concept of
justice." The voters in California and Arizona have decided that prison is
not to be used to punish simple possession of small amounts of any drug,
provided that the individual has not directly harmed anyone else.

Texas would do well to consider if real justice demands that we do the same.

If this is an "agenda," then so be it, but it would help assure that the
rally's cry,"Never Again, Not in Tulia, Not Anywhere," would become a reality.

Jerry Epstein is president of Drug Policy Forum of Texas. Kevin Zeese is
president of Common Sense for Drug Policy.