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News (Media Awareness Project) - US TX: DA Urged To Undo Convictions Of 2 Tied To Fake-Drug
Title:US TX: DA Urged To Undo Convictions Of 2 Tied To Fake-Drug
Published On:2002-04-10
Source:Dallas Morning News (TX)
Fetched On:2008-08-30 19:24:02
DA URGED TO UNDO CONVICTIONS OF 2 TIED TO FAKE-DRUG CASES

Prosecutors Say Informants Tainted But Evidence Was Real

A group of civil rights advocates and elected officials Thursday urged
Dallas County District Attorney Bill Hill to take steps to free two men
imprisoned since they were caught up in the fake-drug scandal.

The county prosecutor's office agreed in its earliest motions that drug
convictions of Jaime Chavez and Manuel Rodriguez Garcia should be
overturned even though real drug evidence was involved in their cases.

Both men, serving long prison sentences, were among dozens of people
convicted on the strength of testimony from Dallas police confidential
informants who have confessed to planting fake drugs.

But Mr. Hill's office has said prosecutors are strictly following the
letter of the law in the cases, which required procedures different from
other dismissed cases and which puts the issue of undoing the convictions
in the state's highest criminal appeals court.

First Assistant District Attorney Mike Carnes said Thursday that his office
was less enthusiastic about working to free the two men because their cases
involved real drug evidence, not fake drugs, even though the implicated
informants were involved.

"These are different because they have final convictions, and final
convictions pose a large obstacle," Mr. Carnes said. "The fact is that the
convictions are good. Both are guilty of the charges. The facts were proven."

Advocates for the two men said Thursday that Mr. Hill should have provided
the same legal support for them as for prisoners who won speedy releases
two years ago after police Officers Quentis Roper and Daniel Maples were
convicted of corruption.

Supporters of Jaime Chavez and Manuel Rodriguez Garcia rallied for their
release Thursday during a news conference outside the courthouse in Dallas.

"As a former prosecutor, I know what a prosecutor's duty is, and it's to
make sure justice is done," said Dallas City Council member John Loza.
"It's not to make sure he gets convictions or to make sure people are put
in jail, but to make sure that justice is done. Justice has not been done
in these cases. These people deserve to be freed from all charges."

Attending the news conference on the courthouse steps were state Rep.
Domingo Garcia and Dallas school trustee Ron Price. Mr. Garcia said later
Thursday that he had not known that real drugs were involved in the two
men's cases.

More than 85 cases that required testimony from the tainted informants and
their temporarily suspended police officer handlers have been dismissed.
Many of the cases were pending and were quickly dismissed because they
would have depended on the credibility of officers and informant testimony.

Other cases were already closed but were quickly dismissed with the support
of prosecutors because the drug evidence was discovered to be ground gypsum
planted by the informants.
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