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News (Media Awareness Project) - US TX: Tulia Defendants' Release Set After Storm Of Controversy
Title:US TX: Tulia Defendants' Release Set After Storm Of Controversy
Published On:2003-06-15
Source:Lubbock Avalanche-Journal (TX)
Fetched On:2008-01-20 04:29:02
TULIA DEFENDANTS' RELEASE SET AFTER STORM OF CONTROVERSY

TULIA - The result of years of legal wrangling is expected to culminate
Monday with the release of 12 men and one woman who were arrested in July
1999 and convicted of drug offenses following a questionable undercover
operation.

Some have been locked up almost four years, after either pleading guilty to
or being found guilty of drug charges leveled against them by a now
discredited task force investigator.

"I'm excited," Freddie Brookins Sr. said Friday.

His son, Freddie Jr., is imprisoned after going to trial and being found
guilty of delivery of 1 to 4 grams of cocaine. Brookins Jr., who had no
prior convictions, was sentenced Feb. 28, 2000, to 20 years in prison.

"His life is changing," Brookins Sr. said. "I'm not really satisfied with
it, but it's a step in the right direction."

Brookins Jr. was one of 46 Tulia residents, 39 of whom are black, who were
arrested in July 1999 following an 18-month undercover investigation by
Panhandle Regional Narcotics Trafficking Task Force agent Tom Coleman, who
alleged all the suspects sold him powdered cocaine.

Coleman's documentation of his investigation included notes written on his
legs but did not include audio-or videotape evidence or witnesses.

Actively participating in the years of fighting over the undercover
operation have been attorneys from groups such as the American Civil
Liberties Union and the NAACP Legal Defense and Educational Fund.

Proceedings leading up to the release of the 13 are scheduled to begin at 1
p.m. Monday at the Swisher County Courthouse in Tulia.

Retired state District Judge Ron Chapman of Dallas recently recommended the
convictions be overturned because he found that Coleman was not credible.

Coleman was indicted in April on perjury charges stemming from his
testimony in evidentiary hearings in March that were meant to determine if
the defendants had received fair trials.

Of the 46 people arrested, seven were convicted, 26 entered pleas and
received probation or prison terms, two pleaded guilty to misdemeanors and
were fined and the disposition of one has not been determined. Charges were
dropped against 10 of those arrested.

At this time, 14 people remain in prison; however, one of them, Cash Love,
has a case still under direct appeal and therefore cannot be released yet,
said Vanita Gupta, a defense attorney with the NAACP LDEF. The expected
release Monday of the 13 defendants is the result of legislation signed
June 2 by Gov. Rick Perry. The law authorizes Swisher County to release the
defendants pending action by the Texas Court of Criminal Appeals or the
Texas Board of Pardons and Paroles.

"I am thrilled beyond words," Gupta said. "It's going to be an emotional
day for me and the families."

Gupta, who is based in New York, became involved in the cases in the fall
of 2001. She represents some of the defendants and helped to arrange for
legal representation for others.

Gupta said she is pleased with the expected release of the 13 defendants,
but also is concerned with what the future holds for them.

"Our clients still carry the cloud of conviction," Gupta said, adding that
Perry could issue pardons or the court of criminal appeals could throw out
the charges.
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