NEW LEGISLATION COULD AFFECT PROSECUTION OF DRUG CASES

Some Officers Say Investigations Would Be Hurt By New Bill

Tulia, a Texas farming panhandle community of 5,000, gained national
notoriety as evidence seeped out that an 18-month one-person investigation
in 1999 leading to the arrest of 10 percent of the town's black community
occurred without any evidence that verified the drug deals. "The arrests
that came out of this operation was probably more detrimental to the
community than any drug user or abuse that has happened," said Patricia
Kiker, a Tulia resident and Friends of Justice member.

Swisher County police officer Tom Coleman's uncorroborated testimony led to
prison sentences for many of the 46 people arrested in the Tulia drug
busts. Of the 46, 39 were black. Civil rights groups have claimed the busts
were racially motivated.

Sen. Juan Hinojosa, D-McAllen, has introduced Senate Bill 515, requiring
undercover peace officers involved in drug cases to corroborate their
testimony with other evidence.

Legislation enacted in 2001 excluded the peace officer provision now
included, outlawing only unconfirmed testimony from undercover criminal
investigators.

"This bill is not only for the protection of an innocent person, but it is
also for the protection of police officers," Hinojosa said.

The bill would provide a protection and safeguards to those officers out
undercover by themselves. The evidence did not necessarily have to be
another officer or another person, he said, but the testimony could be
anything from a wiretap to a fingerprint.

Undercover narcotics investigator Barbara Markham said she had seen
undercover law enforcers lie numerous times during her career.

"The corroboration bill I support because it protects me as an officer from
allegations as to what occurred during the event," she said. "It also
protects an innocent person from officers that are willing to lie in a drug
transaction."

But many law enforcement representatives voiced opposition to the bill,
warning legislators that the law would impede their ability to investigate
drug cases and could potentially compromise their safety.

"Most of the communities are more concerned with the two-bit drugs that are
being sold on the street corner," said Leazar Galindo, a San Antonio
narcotics unit sergeant. "On the long-term investigations where we have a
search warrant, it won't have an impact, but the ones that want the street
dealer off the street immediately are ones that are going to be affected."

District attorneys also opposed the bill, saying that the resolution would
only hamper the conviction of drug dealers in court.

"You can create enough restrictions in law enforcement due to an isolated
incident or two that will prevent those things from happening again," said
24th District Attorney Terry Green. "But what it will do is allow more
crackhouses to be around, more drugs to be around and so on."

Green argued that the problem as seen in Tulia and other areas is
management. He and several other law enforcement officials recommended that
the stricter enforcement of peace officer perjury violations would better
deter future abuses of power.

The corroboration bill was left pending in committee, but the courts are in
the middle of confronting the questionable incarcerations in Tulia.
Evidentiary hearings that may overturn the cases against four convicted
defendants are expected to continue throughout the week.