BOLTON HALTS INQUIRY INTO FAKE-DRUG CASES

FBI Expands Investigation; Suit Filed Against City, Officers

Dallas Police Chief Terrell Bolton said Friday that he has suspended
an internal investigation into dozens of questionable drug busts as
the FBI expands its inquiry into the cases.

Chief Bolton said his department's public integrity investigation is
not necessary for now but remains open and could be resumed.

"We're going to pass the baton to the FBI and U.S. attorney," he
said.

Federal grand jury subpoenas were served this week for Police
Department records related to the cases, officials said. More
subpoenas are expected to be issued next week.

Also Friday, a federal civil-rights lawsuit was filed alleging that
the Dallas Police Department failed to take corrective action, despite
knowing as early as September that innocent Mexican citizens were
jailed on false drug charges.

Chief Bolton declined to comment on the lawsuit.

The Police Department's internal investigation into the questionable
drug cases officially began Nov. 30, at least a month after department
officials were notified of concerns about several large drug busts
conducted by two Dallas undercover narcotics detectives using paid
confidential informants.

In at least 24 of the cases, lab analysis revealed that the substances
seized by police contained little or no illegal drugs. Dallas County
District Attorney Bill Hill is dismissing at least 59 felony drug
cases linked to the investigation so far. Officials say that the
Dallas County district attorney's office will continue to assist
federal authorities in the ongoing investigation.

In earlier statements, the chief said he didn't think an FBI
investigation was necessary. He sought a management audit by the
federal Drug Enforcement Administration instead.

Mr. Hill requested the FBI investigation last week after learning that
the DEA investigation would not encompass possible criminal wrongdoing.

Chief Bolton said the department has made changes to supervisory
procedures within the narcotics division designed to prevent similar
problems. Police officials have refused to disclose any details about
the way detectives are instructed to conduct undercover drug purchases
with confidential informants.

Chief Bolton also would not disclose who in the narcotics division
command staff was supervising the activity between two narcotics
officers and their confidential informants.

Senior Cpl. Mark Delapaz and Officer Eddie Herrera have been placed on
administrative leave with pay while the investigation continues.

One of the informants received about $200,000 for help with 70 drug
purchases and 35 arrests.

Two former narcotics division commanders said any payments to
informants over $500 had to have the approval of a lieutenant, and the
deputy chief and assistant chief would routinely sign off and
sometimes even witness payments to informants.

The chief said it would be inappropriate to discuss the division's
procedures while they're under review by the DEA. The agency could
make recommendations for changes in policies and procedures.

The lawsuit filed Friday seeks unspecified damages from the city of
Dallas and Cpl. Delapaz and Officer Herrera. It was filed on behalf of
Emigdio Esparza, a day laborer who spent five months in jail before
drug trafficking charges against him were dismissed Jan. 16.

"Plaintiff will prove that as early as September 2001, the Dallas
Police Department had direct knowledge that a number of purported drug
busts made by defendants Delapaz and Herrera did not involve illegal
drugs," the lawsuit says.

By failing to "take the action necessary to determine whether innocent
individuals were being charged and incarcerated," the lawsuit says,
"Esparza and others like him were incarcerated for months after the
date in which officials with the Dallas Police Department knew or
should have known of the questionable arrests."

The lawsuit also alleges that the two officers deliberately targeted
Hispanics.

City Attorney Madeleine Johnson could not be reached for comment
Friday afternoon.

Plaintiff's attorney Don Tittle said he chose Mr. Esparza's case from
among 59 to be dismissed because it is one of the most egregious. Mr.
Tittle, who won a $433,000 jury award in 1997 on behalf of 16 Mexican
citizens falsely accused of drunken driving, said plaintiffs would be
added to the lawsuit soon.

Mr. Esparza was arrested July 19 and was accused of trafficking more
than 60 kilos of cocaine. Tests on Nov. 26 found that the substance
was ground gypsum, the main ingredient in Sheetrock.

Bail for Mr. Esparza was initially set at $1 million but was reduced
to $1,500 after the lab tests.