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News (Media Awareness Project) - US TX: Prosecutor - No More Trials In Tulia Drug Cases
Title:US TX: Prosecutor - No More Trials In Tulia Drug Cases
Published On:2003-04-01
Source:Austin American-Statesman (TX)
Fetched On:2008-01-20 20:46:51
PROSECUTOR: NO MORE TRIALS IN TULIA DRUG CASES

TULIA, Texas - Even if an appeals court orders new trials for dozens of
people convicted in controversial drug busts, Swisher County officials will
not prosecute any of them, one of the state's prosecutors says.

Rod Hobson, a special prosecutor assigned to help assist the county during
court-ordered evidentiary hearings, made the promise Tuesday - hours after
a judge recommended the drug convictions be overturned for 38 people
prosecuted in a drug sting operation defense attorneys claimed was racially
motivated. The judge also is recommending that new trials be ordered.

"If the (appeals court) sends them back, we'll dismiss them," Hobson said.
"It would be foolish for us to go forward." The judge's recommendations
came after several days of settlement discussions between prosecutors and
defense attorneys. Terms of the settlement were not released Tuesday
because the Texas Court of Criminal Appeals must first sign off on the
judge's recommendation.

One detail of the settlement, however, emerged shortly after the judge
announced his recommendations. Swisher County commissioners unanimously
approved a $250,000 payment to the defendants. The amount will be
distributed based on how much time each person was imprisoned, defense
attorney Ted Killory told the commissioners.

Mattie White, who had four of her children arrested and charged in the
busts, said she was elated at the judge's recommendation. Two of her
children remain in prison.

"That's the best step I ever heard," she said. "We've been praying for this
for four years, and we haven't ever given up." Coleman, who was due to
resume his testimony halted when the hearing adjourned March 21, was not in
the courthouse. The arrests on charges of possessing and selling cocaine
hinged on Coleman's uncorroborated testimony. He worked alone and used no
audio or video surveillance.

Complaints by civil rights groups helped focus international attention on
the Panhandle town of 5,000 midway between Lubbock and Amarillo. The
arrests hit a large portion of the town's black population, which numbers
only in the hundreds. Swisher County Sheriff Larry Stewart said in a
statement that the judge's recommendation helps bring closure to years of
dispute. "The agreement reached among the parties involved is not about
guilt or innocence but is intended to end the controversy that has
surrounded these cases," Stewart said in his statement.

It was unknown when the appeals court will issue its ruling on the judge's
recommendation.
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