JUDGE SAYS THROW OUT TULIA DRUG CONVICTIONS

TULIA -- A judge recommended today that a higher court overturn 38 drug
convictions that defense attorneys claimed were racially motivated.

The 1999 arrests stemmed from the work of a single undercover agent whom
other law-enforcement officials said had faced theft charges and used a
racial epithet.

The Texas Court of Criminal Appeals had ordered a hearing to review
evidence against four of the defendants. The star witness during the
hearing, which began last month and was scheduled to resume today, was
undercover agent Thomas Coleman.

"It is stipulated by all parties and approved by the court that Tom Coleman
is simply not a credible witness under oath," said retired state district
Judge Ron Chapman of Dallas, who presided over the hearing.

Chapman recommended that the appeals court grant new trials to everyone
convicted as a result of the busts.

In all, 46 people were arrested, 39 of them black. Thirteen are still in
prison. Others served time or were sentenced to probation.

An attorney with the National Association for the Advancement of Colored
People said it was "hugely significant" that prosecutors acknowledged flaws
in their cases.

"This is wonderful news, though nothing is final as of yet," said Vanita
Gupta. "But we are very pleased that Tom Coleman's word can't be the basis
of any standing conviction."

Jeff Blackburn, an Amarillo attorney representing two of the four men whose
arrests were examined in the hearing, predicted Chapman's recommendation
would carry much weight with the appellate court.

Coleman, who was due to resume his testimony that was halted when the
hearing adjourned March 21, was not in the courthouse.

The arrests on charges of possessing and selling crack and powdered cocaine
hinged on uncorroborated testimony by Coleman, the lone undercover drug
agent in the 18-month operation. Coleman used no audio or video
surveillance, often writing notes about his alleged buys on his legs.

Police found no drugs on any of the suspects arrested during the largest
sweep.

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.

The Justice Department and the Texas attorney general's office are
investigating the cases.