CHARGES EXPECTED IN DRUG SCANDAL

Indictment Of Dallas Officer Would Be First In Fake-Narcotics Case

The attorney for a suspended Dallas police officer said Tuesday that
federal authorities told him they will ask a grand jury to indict his
client on charges of falsifying records in a series of bogus drug cases.
Senior Cpl. Mark Delapaz, a decorated undercover narcotics officer, has
been on paid administrative leave since January 2002, when the FBI began
investigating how paid confidential informants were able to set up dozens
of innocent people on charges involving fake drugs.

A federal grand jury has been hearing witness testimony and reviewing
records in the case since at least December. One person familiar with the
investigation said he expected the grand jury to complete its work as early
as Wednesday, but it could go longer.

An indictment on misdemeanor civil rights charges against Cpl. Delapaz
would mark the first charges against an officer in connection with the
Police Department's fake-drug scandal.

It's unclear what will happen with his partner, Officer Eddie Herrera, who
was also put on paid leave. His attorney, Clint Broden, said that
authorities had talked to his client but that he was unaware of any pending
indictments.

Police reports and court records have shown that as many as eight other
narcotics officers participated in arrests of the targeted defendants.
Federal authorities could not be reached for comment. In the past,
prosecutors have declined to comment on continuing investigations. The
federal investigation has centered on whether police officers conspired
with their confidential informants, who were paid more than $250,000 for
the ir work on narcotics cases. The fees are based on the volume of drugs
seized. Bob Baskett, the defense attorney for Cpl. Delapaz, said Tuesday
that authorities told him about the misdemeanor charge during discussions
about a possible plea deal for his client, which he rejected. "The last
time I talked to ... [Department of Justice prosecutors], they said they
were going to get an indictment," Mr. Baskett said. "They claim ..
[officers] lied in police reports when they said they saw something that
didn't happen."

He cited a section of the federal criminal code for civil rights
violations. "It's a misdemeanor of up to a year in jail," he said. "I'm
presuming that's what they're going to do. They've said that."

Mr. Baskett said it was unclear how many counts his client would face or
whether more serious charges might also be sought.

Mr. Broden declined to respond when asked whether authorities had offered
Officer Herrera a plea deal.

More than 80 narcotics cases have been dismissed since lab tests showed
that some of the confiscated drugs turned out to be crushed gypsum, the
primary ingredient in pool chalk. Three confidential informants have
pleaded guilty to civil rights violations and are cooperating in the
investigation. Many of those falsely arrested on drug charges were
undocumented Mexican immigrants who spoke little English. Some spent months
in jail before being released; others were deported.

They have said that the officers' version of events in police reports
differed from what happened. Officers also submitted paperwork saying the
field tests they conducted showed the evidence was real drugs. The officers
"don't have anything to do with fake drugs or stealing money or being in
cahoots with ... these snitches," Mr. Baskett said. "... [Prosecutors] said
that from the first - they don't think the officers were involved in the
fake drugs."

Mr. Baskett said that he didn't want to talk further about an indictment
that hadn't been issued but that "as a general matter ... [the officers]
are not guilty of anything."

In addition to the federal investigation, 15 people have sued the city and
the Police Department over their arrests for drug trafficking. The civil
rights lawsuits allege that the Police Department failed to take corrective
action, despite knowing as early as September 2001 that innocent Mexican
citizens were jailed on false drug charges.

The lawsuits have been on hold pending the FBI investigation, but they are
expected to proceed with discovery and depositions next month. In their
response last year to the civil rights lawsuit, Cpl. Delapaz and Officer
Herrera said they exercised reasonable judgment in continuing to trust that
their paid civilian informants were reporting events honestly and not
planting drugs.