TODAY, SENATORS CAN BEGIN PROCESS OF FREEING TULIA 13

The Texas Senate should put freedom on a fast track for the Tulia 13 and
approve a bill to grant them bail.

Senators can do that today by approving Senate Bill 1948 by state Sen. John
Whitmire, D-Houston, chairman of the Senate's Criminal Justice Committee.

Whitmire's bill would allow a trial judge in Swisher County, where this
assault on justice began, to release the 13 on bail. Otherwise, they likely
will languish in prison while the Texas Court of Criminal Appeals considers
a trial court's recommendation to throw out convictions of all 38 --
including the 13 -- involved in the bogus drug convictions. There is nothing
in the court's recent history to inspire confidence that it will move
quickly on this matter, so it could be weeks, months or perhaps years before
these people are freed. Tulia defendants, including a mother of two young
children and a 61-year-old hog farmer with acute diabetes, deserve their
freedom now.

In a welcome move, Gov. Rick Perry directed the Texas Board of Pardons and
Paroles on Tuesday to immediately review the cases and recommend whether the
38 people convicted of drug trafficking should be granted clemency, parole
or commutation. A pardon certainly is in order -- the sooner the better.

This saga began more than four years ago, when 46 Tulia residents were
arrested after an 18-month undercover drug sting by then-undercover agent
Tom Coleman. Of those, 39 are African American, about 10 percent of Tulia's
black population.

Since Coleman's bogus investigation in 1999, we've learned much about him
and others involved in prosecuting and convicting Tulia defendants,
including that Coleman had no witnesses or evidence to corroborate drug buys
he said he made from defendants.

We also learned about Swisher County justice: A district attorney and
sheriff who arrested and prosecuted Tulia residents on Coleman's discredited
say-so; prosecutors who hid facts regarding Coleman that could have helped
defendants' cases; and a judge who allowed kangaroo justice to prevail in
his courtroom.

This stain on Texas justice won't easily be removed, but the Senate can ease
the suffering of the 13 who remain in prison by approving the bill both
quickly and unanimously. We realize that the bill faces an uncertain future
in the House, given current circumstances. But it can survive as an
amendment. It could bring immediate freedom to the Tulia 13 if both
legislative chambers approve it with a two-thirds majority and Perry signs
it.

In the meantime, we'll await a decision from the state court or parole
board.

Texas never can make Tulia defendants whole, never can wipe clean this
stain. But swift action can speed a homecoming between a mother and her
children; can help restore a sick man's waning health; and can set them
free.