BILL SENDS TULIA INMATES HOME

Defendants To Remain Free While Court Sorts Out Legal Arguments

They've spent up to four years behind bars based on the word of a now
discredited cop. But the dozen or so inmates still incarcerated from a
controversial drug sting in Tulia will soon be home thanks to legislation
passed in the final days of this year's session.

Gov. Rick Perry signed a bill Monday afternoon that authorizes the district
court in Swisher County to release the 14 remaining prisoners on bond,
pending action by the Texas Court of Criminal Appeals or the Texas Board of
Pardons and Paroles.

"This bill does not make a determination about the innocence or guilt of the
Tulia defendants, but it does allow the remaining individuals behind bars to
be released until the justice system has finally spoken," Perry said.

The law was written to apply only to the Tulia case, according to its
sponsors.

Sen. John Whitmire, D-Houston, the bill's sponsor in the Texas Senate, said
legislation was necessary since the Court of Criminal Appeals might not act
for two years.

"It was an unusual step for the legislature to become involved, but with all
parties in agreement that the (defendants) are wrongly incarcerated, justice
demanded that we take action to get them out of prison pending a final
decision from the Court of Criminal Appeals," he said.

Amarillo attorney Jeff Blackburn, who has worked with the Tulia defendants
for the past three years, said it was "a red letter day for us."

He added, "It's a huge relief for the families. We're talking about people
who've had four years of their lives taken away based on the word of
(Coleman)."

Blackburn would have liked to have been in Austin to witness Perry sign the
Tulia bill into law, but he said his time is occupied preparing for the
upcoming bond hearings.

Retired justice Ron Chapman, who presided over evidentiary hearings in March
to determine if four of the Tulia defendants received fair trials, will set
bonds for the 14 prisoners eligible for release.

Until now, it had been reported that 13 prisoners would be eligible, but
Black burn's office confirmed that a 14th defendant who had his probation
revoked for child abandonment will be eligible for release.

Two other Tulia defendants are in jail but won't be at the hearing because
they are being held on additional charges, according to Blackburn's office.

The bond hearings are expected to happen next week. Bench warrants must be
issued to get the prisoners to Tulia for the hearing, Blackburn said.
"Practically and morally, (the signed legislation) deals a heavy blow to
local prosecutors who wanted to keep those people in jail," Blackburn said.

Over the past couple of months, the three branches of Texas government have
weigh ed in on the July 1999 arrests of 46 people. They were arrested based
on cases built by undercover narcotics investigator Tom Coleman.

Of the arrested, 39 were black. Eventually, 38 were prosecuted with many of
them receiving jail time.

Doubts later appeared about the reliability of Coleman's testimony. He did
not use audio or video backup throughout his 18-month investigation. He
claimed instead to have written notes on his legs.

He also operated solo through out the entire investigation.

In April, Chapman halted the evidentiary hearings, concluding that Coleman
was not a credible witness. The judge then recommended that all 38
defendants convicted on Cole man's testimony should receive new trials.

A grand jury subsequently indicted Coleman on three counts of aggravated
perjury for the testimony he gave during the evidentiary hearings.

If the Texas Court of Criminal Appeals accepts Chapman's recommendation, the
convictions will be thrown out and the cases will be sent back to Tulia for
new trials.

Such a decision would, in effect, free the defendants since prosecutors have
already said they won't proceed with new trials if the previous convictions
are thrown out.

In May, Perry ordered the Board of Pardons and Paroles to review the 38
convictions and recommend whether or not the governor should pardon the
defendants.

Blackburn's goal remains the overturning of all the convictions obtained
through Coleman's testimony. It does not matter if final exoneration comes
through the Court of Appeals or by executive pardon, he said, as long it
comes quickly.

When he began work on the case three years ago, Blackburn ran into a lot of
people who doubted the cases would be overturned.

Monday's action by the governor was further proof that "we've succeeded
beyond all our wildest dreams," Blackburn said.