DRUG BUST SPARKS 'TULIA PROPOSALS'

AUSTIN -- The Texas chapter of the American Civil Liberties Union is
asking that lawmakers file a set of ''Tulia Proposals'' in response
to a 1999 drug bust that led to the arrest of about 10 percent of the
city's black population.

Legislation is needed to put more scrutiny on law enforcement,
especially in small-town undercover operations, such as the one
conducted by officer Tom Coleman, said Will Harrell, ACLU executive
director.

''West Texas has a culture of police being morally justified, and
police and prosecutors being the law unto themselves,'' he said. ''It
sends a message statewide that you can't get away with this stuff in
Travis County but you can in Swisher.''

The arrests were made based on Coleman's 18-month undercover
investigation, in which he worked alone and used no audio or video
recording equipment.

Of the 43 people arrested, 40 are black.

In lawsuits filed by Billy Wafer, a black man whose drug case has
been dismissed, racial discrimination is alleged to have triggered
the arrests.

Wafer said the proposals can do nothing but good.

''We've always said this has to have happened for a reason, and maybe
this is it. Maybe these laws are the good that will come out of all
this bad.''

The Tulia Proposals suggest legislation to:

require evidence that supports the word of an undercover officer;

limit the authority of a judge to exclude evidence that may prove a
defendant's innocence; and

make public the statements to the Texas Commission on Law Enforcement
Officer Standards and Education that describe the termination of a
law enforcement officer when sustained allegations of excessive force
exist. Tulia Police Department Chief Ed Lane was out of town Friday
and couldn't be reached for comment.

Harrell said there are many problems in the Tulia cases, and there
are problems in arrests across the state that legislation can't fix.
However, he said, there are some troubles that demand legislative
action.

He said evidence existed during the trials of those arrested in the
drug bust that would have proved Coleman was untrustworthy, but the
juries weren't able to hear it.

Plus, he said, the law requires corroborating evidence when a
jailhouse informant testifies, and the same stipulations should exist
for undercover work.

Harrell said other agencies have fail-safe methods in place, and
local law enforcement should, too.

''But small-town West Texas is terrified of the DA's office or (has)
other unsavory motives, and they don't care about the adequacy of
proof beyond a reasonable doubt or being presumed innocent until
proven guilty beyond a reasonable doubt,'' Harrell said.

Coleman's attorney, Jon Mark Hogg in San Angelo, said he disagrees
with the measures.

''They appear to be designed to allow individuals who commit drug
offenses to avoid prosecution or conviction, to make it easier for
them to avoid prosecution and conviction on their offenses,'' he said.

Coleman couldn't be contacted for comment.

Alan Bean, a member of the Tulia watchdog group Friends of Justice,
which formed after the bust, said the recommendations are vital.

''If Mr. Coleman's testimony had been thoroughly corroborated by some
kind of surveillance, then his personal background wouldn't be all
that significant. But when you turn a man loose in the community and
your attempt to prosecute defendants is based entirely on this man's
word, it is absolutely essential he be a man of unimpeachable
integrity,'' Bean said.

Terry McEachern, Swisher County district attorney, said he will
support any law passed by the Legislature but he believes the
measures are a bad idea.

The initiative requiring corroborated evidence takes the decision of
what proves a case away from the jury, he said.

''You're getting into the burden of proof area, and that's for a jury
to decide - not the Legislature,'' he said.

McEachern said the measure could create problems in other laws,
making it difficult - if not impossible - to prosecute cases such as
rape, which may rely on the testimony of one person.

As for admitting evidence about a witness's background, McEachern
said it could have a hugely negative effect, allowing attorneys to go
on fishing expeditions for any shred of evidence to damage
credibility.

The rule that prohibits such evidence is more often used by defense
attorneys, he said.

Finding someone to take on the proposals won't be an easy task, Harrell said.

''Most lawmakers are intimidated to go there,'' he said, adding that
in Texas, there is probably no worse label for a lawmaker than being
soft on crime.

The ACLU is trying to find uncommon allies in their fight,
conservatives with a reputation for being tough on crime, he said.

Wichita Falls Sen. Tom Haywood, whose district includes Swisher
County, said the appearance of people being wrongly convicted in
Tulia ''certainly is an embarrassment.''

However, he added, while the Tulia case may center on testimony from
a ''rogue'' or ''careless'' officer, he doesn't believe legislation
would answer the problem.

Whether to use recording devices and other witnesses, and what
evidence is worthy of admittance should continue to be handled on a
case-by-case basis, Haywood said.

Plus, opening personnel letters regarding termination to public
scrutiny would violate privacy rights, he said.

The U.S. Justice Department is investigating the undercover operation
in Tulia, and Haywood said it's important to see what happens with
the system of law enforcement that is already in place.

And for now, enacting state law would be a knee-jerk reaction to the
controversy, he said.

''I generally find myself in disagreement with the ACLU,'' he said.
''I do not support their proposals.''

Harrell said the group has contacted House Speaker Pete Laney, D-Hale
Center, whose district includes Swisher County. Laney seldom signs on
to pending bills, and Harrell declined to name who the ACLU will ask
to sponsor the measures.

Mark Langford, Laney's spokesman, said all parties in the Tulia case
have contacted Laney's office. Langford said Laney believes if the
bills are introduced, they will go through the legislative process
and have a fair hearing

(Staff writer Linda Kane contributed to this report.)