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News (Media Awareness Project) - US TX: Wire: Seventeen Drug Cases Dismissed
Title:US TX: Wire: Seventeen Drug Cases Dismissed
Published On:2001-04-04
Source:Associated Press
Fetched On:2008-01-26 19:33:33
SEVENTEEN DRUG CASES DISMISSED

DALLAS (AP) -- Prosecutors have dismissed 17 drug cases filed by a
narcotics task force accused of targeting suspects because of their race.

Dismissals of the cocaine prosecutions came a week after the American Civil
Liberties Union complained to the U.S. Justice Department that the South
Central Narcotics Task Force violated the civil rights of blacks during a
drug bust last year that led to 28 arrests.

Eleven people had already pleaded guilty to charges in the drug raid in
Hearne, about 140 miles south of Dallas.

But District Attorney John Paschall said Wednesday that the dismissals were
not race related. He said charges were thrown out because of allegedly
tainted evidence provided by an informant who failed a polygraph test in
the other cases and was suspected of tampering with evidence.

''Two weeks ahead of their alleged complaint, we had had some complaints
made by the defense attorneys,'' Paschall said. ''We checked out the
allegations. He failed the polygraph test.''

The ACLU's Texas chapter, had also challenged a Panhandle drug bust in
Tulia over alleged civil rights violations two years ago by a similar task
force involving local, state and federal law enforcement agencies. The ACLU
amended its complaint in the Tulia case to include the Hearne arrests.

A grand jury is to meet April 10 to consider evidence involving the
informant, Derrick Megress. No charges have yet been filed.

William Harrell, the Texas ACLU chapter's executive director, did not
immediately return a telephone message left early Wednesday from The
Associated Press.

He told The New York Times he was elated by the dismissals, but said the 11
who already entered guilty pleas in Hearne should be permitted to withdraw
those pleas and have their cases dismissed. Twenty-seven of the Hearne
defendants were black.

The Justice Department is investigating the Tulia bust. Many of the 40
cases against residents were based solely on the testimony of an undercover
officer who himself was charged with theft and abuse of power during an
18-month investigation.

Paschall said his task force would continue its work in Hearne, although no
new charges would be sought in the dismissed cases.

''They will likely re-offend,'' he said. ''We won't worry about it too much.''
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