Pubdate: Wed, 4 Jun 2003
Source: Dallas Morning News (TX)
Copyright: 2003 The Dallas Morning News
Contact: letterstoeditor@dallasnews.com
Website: http://www.dallasnews.com/
Details: http://www.mapinc.org/media/117
Author: David Sedeno
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)
Bookmark: http://www.mapinc.org/people/Tom+Coleman

14 HELD IN TULIA DRUG STING TO BE RELEASED IN 12 DAYS

Judge Expected To Free Defendants On Bond As Case Goes Up For Review

The 14 Tulia residents still imprisoned on drug charges following testimony
of a now-indicted undercover agent will be freed June 16, pending final
rulings from either the governor or the Texas Court of Criminal Appeals.

Retired State District Judge Ron Chapman of Dallas, who is presiding over
the case, has called for a hearing on that date in Swisher County, where he
is expected to release the 14 defendants on personal recognizance bonds.

"This is going to be the greatest symbolic victory of this case, thus far,"
said Jeff Blackburn, an Amarillo attorney representing one of the
defendants. "This is going to be the mass release of those still left in
prison, and they are going to be set free in the same courtroom from which
they were sent to prison."

Judge Chapman already had sent the 14 cases, plus 24 others, to the appeals
court, recommending that they be overturned because he found that the
undercover agent in the case, Tom Coleman of Waxahachie, was not credible.

An attorney for Mr. Coleman, who has not been available for comment, said
the probable release of the 14 inmates "has nothing to do with the original
trials."

"There are a lot of politics involved here," said lawyer Cindy Ermatinger of
Waxahachie.

Legislation signed into law Monday by Gov. Rick Perry allows the 14 to
remain free pending a ruling from the appeals court, the state's top
criminal court, or an evaluation from the Board of Pardons and Paroles. A
ruling from the appeals court could take months, if not years, so the
defendants' attorneys are hoping that the parole board moves quickly in its
review. If the board recommends that the inmates be cleared, the governor
would decide whether to accept the finding.

"I am happy and relieved that people from both sides of the aisle in Texas
have recognized the injustice that took place here and are eager to rectify
that injustice," said Mitchell Zamoff of Washington, D.C., who is
representing another jailed defendant. "But until these individuals receive
full and complete relief, whether a pardon or a reversal of their
convictions, this matter is not resolved."

The convictions stem from an 18-month undercover operation in 1998 and 1999
during which Mr. Coleman said he purchased drugs from 46 Tulia residents, 39
of whom were black. After a hearing in March, Judge Chapman said that Mr.
Coleman - who never corroborated his drug purchases with either audiotapes
or independent witnesses - was not credible.