2 JUDGES TESTIFY IN FAKE-DRUG TRIAL

They say arrests in false cocaine bust hinged on word of detective

Two judges testified Thursday that they would not have signed arrest
warrants for three men charged after bogus cocaine busts in 2001 without the
word of former Dallas police Detective Mark Delapaz.

The Dallas County judges told jurors in Mr. Delapaz's federal criminal trial
that the statements by police informants involved in the cases would not
have been enough probable cause to make arrests.

U.S. prosecutors rested their case against Mr. Delapaz on Thursday, setting
the stage for his defense team to begin calling witnesses.

The two magistrates said they signed arrest warrants based on Mr. Delapaz's
statements in police reports that he saw the drug transactions or that he
and other officers were working in an "undercover capacity."

"If that had not been in there, I would not have signed the arrest warrant,"
testified Janice Henshaw, a local lawyer and part-time magistrate at the
Dallas County jail.

Mr. Delapaz, a 13-year police veteran, is charged with lying in police
reports and to prosecutors about whether he saw the drug transactions in
some of the 2001 drug cases in which seized cocaine turned out to be
billiards chalk. Prosecutors argue that his statements violated the civil
rights of the arrested people by sending them to jail.

He also is charged with lying to the FBI last summer during a three-hour
interview as part of the federal investigation into the cases. Mr. Delapaz
faces 10 years in prison if convicted.

Several informants employed by the Dallas police narcotics investigators
have testified that they duped Mr. Delapaz into believing that the drug
transactions had happened and that the cocaine was real.

From April to September 2001, at least 24 Dallas arrests involved the fake
cocaine and methamphetamine. At least 80 cases involving Mr. Delapaz and the
informants were dismissed as a precaution.

Dallas police narcotics Detective Larry Moses, the first witness for the
defense, testified primarily about Mr. Delapaz's reputation. Officer Moses
told jurors that he has known Mr. Delapaz about eight years and considers
him honest.

Under cross-examination, prosecutors asked Officer Moses his opinion of a
police officer who would lie in a police report and send innocent people to
jail. Officer Moses replied that he refused to believe that his friend was
capable of that unless he was mistaken.

"I know Mark Delapaz," he said. "I would never think he would do something
like that."

Prosecutors also questioned why Mr. Delapaz wrote in arrest reports that
Officer Moses was present in an "undercover capacity" during two of the
questionable arrests when he was not. Officer Moses replied that he helped
out on the cases but was not at the scene and that his name was likely
included as being present because of the computerized format used in
compiling the reports.