PERRY ASKS PARDONS BOARD TO REVIEW TULIA CASES

Citing 'Grave Concerns,' He May Grant Clemency To Drug Defendants

Gov. Rick Perry on Tuesday asked parole officials to begin investigating
the cases of the 38 Tulia drug defendants to determine whether he can grant
them clemency, but the lead defense attorney in the case said exoneration
is what the defendants are seeking.

A review panel headed by a retired state district judge already has
recommended to the Texas Court of Criminal Appeals that all 38 cases be
overturned and new trials ordered because the key witness, former
undercover agent Tom Coleman, was not credible. Prosecutors already have
said that if the cases were overturned, they would not seek new trials for
the defendants, who were either convicted of or pleaded guilty to various
drug charges in Swisher County in 1999 and 2000.

There is no timetable for the appeals court to return a decision, nor is
there a deadline for the Texas Board of Pardons and Paroles to reach an
independent conclusion.

"There is a lot of emphasis on a timely decision, but we also have a
responsibility to take all the facts into consideration and to move
expeditiously and give every case a full and entire review," board Chairman
Gerald Garrett said.

Mr. Perry made the request in a letter to Mr. Garrett after receiving a
copy of the court filing last week from the review panel, comprising
special prosecutors, defense attorneys and retired state District Judge Ron
Chapman.

"After reviewing this information, I have grave concerns about the
potential miscarriage of justice in cases based on testimony from a sole
witness whose truthfulness is in doubt," the governor said in a statement.

Mr. Garrett said the parole staff would gather facts on each of the 38
defendants, prioritizing the cases of 13 who remain in prison. Each case
will be treated independently and will be presented to the 18-member board
for a recommendation, which could range from a full pardon to a
commutation, he said.

Jeff Blackburn of Amarillo, one of the lead defense attorneys in the case,
said that the governor's review call was welcome, but he added that the
overturning of the sentences by the appeals court remained his goal.

"Every single person convicted on the word of Tom Coleman deserves complete
exoneration and a total clearing of their name," he said. "Any proposal
short of that would be an injustice."