BILLS WOULD PROTECT THE WRONGLY ACCUSED

Drug bust leads to proposed legislation that would give assurances of fair
investigation Associated Press

AUSTIN - A drug bust in the Panhandle town of Tulia that resulted in the
arrests of 43 people, all but three of them black, has prompted two
lawmakers to file legislation to give defendants additional assurances of a
fair investigation. The bills would:

Mandate that a person could not be convicted of a crime based solely on the
testimony of an undercover police officer.

Prohibit the exclusion of evidence from a trial that proves or tends to
prove the accused is innocent on the basis that such evidence prejudices the
state's case.

Require the Texas Commission on Law Enforcement Officer Standards and
Education to make public the reason an officer was fired or resigned, if it
involves a crime or abuse of power. "It's not just about the residents of
that town," said bill sponsor Sen. Leticia Van de Putte, D-San Antonio.
"It's about what happens to citizens of our state when our statutes may not
accurately protect them when they are unjustly or wrongly accused of a
crime." Eleven of those arrested were found guilty and another 17 have
accepted plea agreements. Tulia is a farming community of about 5,000, of
which about 250 residents are black. The bills will be heard in legislative
committees this week. Rep. Juan Hinojosa, D-McAllen, has filed similar bills
in the House. The bills stem from a 1999 drug bust that followed an 18-month
investigation by undercover officer Tom Coleman, who claimed he had bought
drugs from the targets of the raid. Coleman worked alone and used no
surveillance equipment. Questions about Coleman's background, including a
charge against him for theft and abuse of power that was later dismissed,
are being investigated by the U.S. Department of Justice. The Justice
Department is looking into the allegations of racism and civil rights
violations that followed the bust. Members of the American Civil Liberties
Union said Monday that such a "travesty of justice" is not isolated to just
Tulia. Will Harrell, executive director the Texas ACLU, said the ACLU on
Tuesday will amend its federal complaint about the Tulia incident to include
a similar events that have occurred throughout the state.