TULIA AGENT ADMITS CASE FLAWS

4 Blacks Convicted In Drug Stings Await Decision On New Trials

TULIA, Texas - The former undercover officer whose testimony about drug
buys in this Panhandle community led to jail sentences for dozens of black
residents testified Thursday that there were problems with procedures in
several cases he handled.

Retired Appellate Judge Ron Chapman of Dallas is hearing testimony this
week after the Texas Court of Criminal Appeals remanded the cases of four
black men back to Tulia.

Tom Coleman The high court asked the trial court for clarification on
whether the men were convicted solely on the testimony of Tom Coleman,
working undercover, and whether state prosecutors failed to provide
negative background on Mr. Coleman's personal and professional career that
could have impeached his testimony.

During testimony, Mr. Coleman said he never tape-recorded conversations
with alleged drug pushers because he feared for his life even after he had
established a relationship with several of them.

Many of those uncorroborated offense reports were the basis for the
indictments, but the prisoners' attorneys have said a number do not include
details, specific times when the buys were made nor descriptions of suspects.

Attorneys compared indictments or offense reports with Mr. Coleman's
timesheets. There were days when Mr. Coleman said he did not work when
other records indicated that drug buys occurred.

"I guess I got it wrong in four places," he said of contradictions revealed
in questioning.

Judge Chapman is presiding after State District Judge Edward Self, the
trial judge, removed himself following civil rights groups' questions
regarding his impartiality. The judge had defended his handling of the case
in a newspaper interview and in a letter he had submitted to an Amarillo
newspaper last year.

A decision is not expected for several weeks.

Federal and state officials are continuing their investigation into the
cases, which bitterly divided this community of 5,000 about 35 miles south
of Amarillo.

Judge Chapman will report to the Court of Criminal Appeals, which could
decide to order new trials or allow the convictions to stand.

Mr. Coleman was hired in early 1998 as an undercover officer with the
Panhandle Narcotics Task Force. He was assigned to Swisher County and was
the lone officer in charge of a drug-sting operation in 1998 and 1999.

Swisher County Sheriff Larry Stewart said the task force hired Mr. Coleman
after he trained with federal narcotics officers.

Sheriff Stewart gave him instructions to go anywhere in the community to
make drug arrests and that "nobody was off-limits." The sting resulted in
the arrests of 46 people, and of those, 39 were black o about 16 percent of
Tulia's black population.

The four men whose cases were ordered returned to Swisher County for review
are serving sentences ranging from 20 to 90 years.

Law enforcement officials this week have defended hiring Mr. Coleman,
saying either that they did not know at the time about his personal or
professional issues or did not believe they would affect his performance.

On Thursday, Mr. Coleman, who has since moved to Waxahachie, agreed from
the stand that most of the defendants were convicted on his testimony. He
outlined various jobs he held at sheriffs' departments across the state
during the last 15 years.

He recalled arguments with colleagues when he questioned their procedures
for tagging evidence, how he resigned jobs for personal reasons to avoid
being fired, and how he left debts unpaid in a couple of counties.

He said those obligations now are repaid.

At various times, he recounted details of cases or situations from years
past. At other instances, when pressed by defense attorney Mitch Zamoff of
Washington, Mr. Coleman said he couldn't remember details.

"I can't sit here and say ... or just make up something," he said to one
question.

"I don't remember. I have to look at the reports," he said to another.

He also rephrased several of his answers, including his explanation for
failing an evidence and investigation class at Odessa College several years
ago. Mr. Coleman said Odessa College officials would say that he got an
incomplete for that class because he moved to another job and could not
attend school anymore.

"I've gotten an opportunity to know him, and this is pretty classic Tom
Coleman," said attorney Jeff Blackburn of Amarillo, representing one of the
defendants. "Handling him requires a very special skill. He is very elusive
sometimes, but we're going to keep asking the questions."

Mr. Coleman was on the stand for about two hours Thursday. Although he was
seated about six feet from the four men he helped put behind bars, he
rarely looked to the jury box where the four sat in shackles.

Mr. Coleman will continue his testimony Thursday.