'MONEY TALKS' IS NO WAY TO DETER DRUG TRAFFICKERS

In recent years, small-town police and prosecutors along smuggling
corridors in Texas have had a field day seizing the assets of
motorists accused of drug-related offenses. We don't quibble with
vigorous law enforcement - except when the pursuit of money overtakes
justice as the main goal.

In Shelby County and the town of Tenaha, southeast of Tyler, seizure
practices have crossed way over the line. Now a federal investigation
could land District Attorney Lynda Kaye Russell and other officials in
court to answer for questionable practices that had the effect of
encouraging drug traffickers while striking fear into the law-abiding public.

Shelby County includes a stretch of U.S. Highway 59 that is popular as
a northbound drug smuggling route. Russell allegedly engineered an
income-generation system in which accused traffickers could buy their
way out of prosecution by simply handing over the cash in their possession.

Over several years, the program netted more than $1 million for the
county, and its former auditor has testified that part of the seized
money was spent on campaign materials, parades and gifts.

Exactly what deterrent did Russell think she was conveying? The
message that traffickers probably got is that money talks in Shelby
County, and a little cash can buy a lot of freedom to continue moving drugs.

In one 2006 instance, a Tennessee man was caught transporting nearly
40 pounds of cocaine and more than $80,000 in cash. Prosecutors struck
a cash-for-freedom deal and let him walk. Federal officials took the
rare step of intervening, and now the man is serving a 15-year prison sentence.

The asset-forfeiture practice encouraged other adventures in which
police began stopping motorists for minor offenses such as burned-out
license plate lights, then concocting suspicions of drug activity to
justify a search.

If large amounts of cash were discovered during the search, police
immediately produced paperwork giving motorists two choices:
relinquish the money and go free or face arrest on money-laundering
charges and deal with all of the expenses and hassles related to
prosecution. Those who paid typically were allowed to leave without
even receiving tickets for the offenses that originally prompted the
traffic stop.

There was one additional detail: Minorities were targeted disproportionately.

State Sen. John Whitmire, D-Houston, was so outraged that he pushed
through a bill this year specifically to ban the procedures that went
awry in Shelby County. The Legislature approved, and it became law on Sept. 1.

Suddenly, according to court documents, searches of minority motorists
in Shelby County are way down. Russell, who has been district attorney
since 1999, says she will resign at the end of the year, citing family reasons.

Nevertheless, federal investigators must not let up. It's time for law
enforcers around Texas to get the message that badges and
prosecutorial privileges do not constitute a license to abuse the law.