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News (Media Awareness Project) - US TX: Editorial: Burden Of Proof
Title:US TX: Editorial: Burden Of Proof
Published On:2001-05-15
Source:Amarillo Globe-News (TX)
Fetched On:2008-01-25 19:50:17
BURDEN OF PROOF

There finally is one aspect of the controversy surrounding the Tulia
drug sting on which all sides of the debate can agree.

The Texas House gave preliminary approval Wednesday to a bill that
would prevent conviction on drug charges supported only by the
testimony of an undercover officer.

The legislation, sponsored by Rep. Juan Hinojosa, D-McAllen, requires
evidence such as fingerprints, audio or video recordings, or an effort
to evade authorities before a conviction could be pursued.

Tulia has come under the national microscope as a result of a drug
bust and the arrest of 43 people, including 40 blacks, based on the
testimony of one undercover officer, whose legal integrity also has
been questioned.

The issue of race is at the center of the debate, as is the legality
of the drug bust. A federal investigation will determine whether the
convictions were legitimate or whether they were obtained by illegal
or unethical means.

The bill does have certain exemptions, such as law-enforcement
personnel who has served "honorably" for two years or serve high
schools and colleges.

However, had the additional evidence required by such legislation been
in effect, the controversy in Tulia could have been prevented and not
clouded the concept of justice.

Roger, Over And Out

President Bush's nomination Wednesday of Rep. Asa Hutchinson, R-Ark.,
as head of the Drug Enforcement Administration will undoubtedly be
subject to the partisan political confirmation tactics in the Senate
employed in the past by both parties.

That shouldn't correlate to the national media, though. Networks
wasted little time in mentioning Hutchinson was a manager of President
Clinton's Senate impeachment trial.

Fair enough. However, notice also was given of Hutchinson's past
prosecutorial role against Roger Clinton, the former president's brother.

The inference was apparent, albeit slight, that Hutchinson, a former
federal prosecutor, was in part nominated for his past legal battles
with the former administration.

Assumptions of this kind are best made by politicians more interested
in party loyalty and political revenge than the national media.

Leave the mud-slinging to the experts.
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