BILL HILL: COUNTY HAS REVIEWED FAKE DRUG CASES

Despite Critics' Confusion, DA's Office Has Done Its Job

It wasn't his intent, but Paul Coggins' column last week taking issue with
a Dallas Morning News editorial urging the FBI to expedite its
investigation of the fake drug scandals actually proved why The News was so
accurate in its opinion.

Until some closure is brought to this matter, people will continue to make
false assumptions, as does Mr. Coggins. After suggesting it might "take
months or even years" for the FBI to conclude its investigation, Mr.
Coggins presumes to outline steps that should be taken immediately by the
Dallas County district attorney's office.

In fact, my office already has taken all of the steps Mr. Coggins suggests
- - and more.

When we became aware there might be a problem with fake drugs, we examined
all of the cases involving two police detectives, Mark Delapaz and Eddie
Herrera, and four informants who were involved in all of the tainted cases.
We identified the first case in which police used the key informants, dated
June 3, 2000. Our detailed review revealed that the cases were good - that
is, they involved real drugs - until May 2001.

To be as sure as possible that we covered all of the cases that might have
involved phony drugs, we went back a year from that date and dismissed any
case involving those informants, whether the case appeared good or bad. We
dismissed cases in which the two officers would have been key witnesses,
whether or not we had evidence of false drugs. All active, pending cases
that fit those criteria have been dismissed.

As for closed cases in which the two police officers were key witnesses, we
examined every one from January 1999 to the present. In every case where a
defendant was convicted, either a full drug test had been positive or the
defendant had entered a guilty plea. In the closed cases involving the four
informants, we consistently have worked with defense attorneys to obtain
new hearings to dismiss the cases. We brought some cases to the attention
of the defense attorneys; in others, they contacted us.

Mr. Coggins should know all of that has been done. Every aspect of the
matter has been reported in The Dallas Morning News. But until there is
some final resolution, the issue apparently will continue to be fair game
for attacks, political or otherwise.

Mr. Coggins referred to quotes from a Morning News article in which
reporter Todd Bensman covered the story of two other Dallas police
officers, Quentis Roper and Daniel Maples, convicted in 2001 of stealing
money from drug dealers and then filing false arrest reports. In reference
to that entirely separate and unrelated matter, the article asserted that
the district attorney's office "didn't seek out all who had been convicted,
citing lack of staff." It quoted former Assistant District Attorney Clark
Birdsall as saying, "I don't think we got them all."

But Mr. Birdsall himself told the court when he asked that one of the
questionable cases against John Harp be dismissed, "Quentis Roper had
stolen from a series of people he had arrested, starting in December 1997
and ending in October 1998. Once the true nature of Quentis Roper's actions
became known, the Dallas County district attorney dismissed all cases filed
by Quentis Roper if the elements of the offense could not be corroborated
by other officers."

That motion went on to state that, had Mr. Harp waited to plead guilty, the
case against him "would have been dismissed, as it was against 30 to 40 of
Quentis Roper's other arrestees." In fact, Mr. Birdsall was directed to
review every drug case in which Officers Roper and Maples were involved,
during the period to which he referred, and to seek a dismissal in every
case in which their testimony would have been necessary to support a
conviction, just as has been done in cases involving Officers Delapaz and
Herrera.

The policy of my office to take every possible step to see that justice is
done in each and every case isn't new. It was our policy in the cases
involving Officers Roper and Maples, and it has been our policy in the
cases involving fake drugs. The attorneys in my office have made it their
first priority to review, conscientiously and diligently, every case to see
that justice is served.

Our mission statement reads: "The Dallas County district attorney's office
is to vigorously and effectively represent the state of Texas as
administrators of justice and advocates for the rule of law. ... The office
seeks to employ individuals of the highest integrity, skill and courage who
are committed to professional excellence, fairness to the accused, candor
with the court and opposing counsel, compassion and respect for victims and
witnesses and, most important, the attainment of justice."

It is to that end that we have initiated all of the steps I have explained
here. It was to that end that I called in the FBI to investigate all
aspects of the fake drug cases. I stand with The Dallas Morning News in the
opinion that the FBI's findings are needed to bring closure to the whole
matter. Until then, false assumptions will be made by those who don't have
all of the facts.

Bill Hill is the district attorney of Dallas County.