THE LATEST FROM TULIA, TX

Some tentative, very preliminary steps are being taken to address one
of the great miscarriages of justice in the country - the roundup and
prosecution of dozens of black men and women on specious drug
trafficking charges in the Texas Panhandle town of Tulia.

There is no reason to believe that any of the people arrested in the
humiliating roundup on July 23, 1999, were guilty of trafficking. No
drugs, money or weapons were found. Several defendants have already
been proved innocent. All were arrested solely on the word of a
clownish undercover cop named Tom Coleman who had a penchant for
making up charges, throwing his "evidence" into the garbage, scrawling
important investigative information on his arms and legs, changing his
testimony from trial to trial, making false statements while under
oath and stumbling into legal trouble himself.

On the uncorroborated, unsubstantiated testimony of this officer,
defendants arrested in Tulia on that shameful summer day were
convicted and given prison sentences of 20 years, 60 years, 90 years
and more. When the first astonishingly harsh sentences were handed
down, the remaining defendants quickly began agreeing to plead guilty
in return for more lenient punishment. Thirteen defendants remain in
prison, serving sentences of up to 99 years.

In the bleak and twisted world of criminal justice in Texas, this case
was considered cause for celebration. Mr. Coleman was hailed as a
hero and given the state's "Lawman of the Year" award.

Local officials had every reason to believe that no one would pay
attention to the terrible doings in Tulia. But the media spotlight
has remained on the fiasco and the case has become a Texas-sized
embarrassment. The offices of the U.S. attorney general, John
Ashcroft, and the Texas attorney general, John Cornyn, have said they
are investigating. But the investigations have been extremely quiet
and so far no developments have been reported.

There has been a significant development in the courts, however. The
Texas Court of Criminal Appeals, responding to petitions filed by a
local attorney, Jeff Blackburn, and lawyers from the NAACP Legal
Defense and Educational Fund, has sent a number of the cases back to
the trial court for additional fact-finding.

Among other things, the appeals court wants to know if there was
evidence available to impeach Mr. Coleman's testimony, and if there
had been any knowledge by the prosecution of such evidence.

Ordinarily the original trial judge would handle the response to the
request by the appeals court. But District Judge Ed Self, who
presided over most of the Tulia trials, recused himself after defense
lawyers called his impartiality into question. The judge, who had
leaned heavily in favor of the prosecution during the trials, defended
his rulings in a letter to the editor of a local newspaper last month.
He was also quoted as saying that local residents were "tired of all
the talk about the drug bust."

A new judge from an entirely different judicial district - Judge Ron
Chapman of Dallas - has been assigned to the case. This is a very
hopeful sign. A pair of fresh and impartial eyes is in order.

Meanwhile, the district attorney who prosecuted most of the Tulia
cases, Terry McEachern, has a problem of his own to deal with. He was
arrested in New Mexico the day before Thanksgiving on a misdemeanor
charge of driving while intoxicated. Police said he was pulled over
after his Jeep Cherokee was spotted weaving from lane to lane. He
reportedly said he had consumed some alcohol and also the prescription
drug Valium. But he said he was not drunk. He refused to take a
blood alcohol test.

John Cornyn, the state attorney general whose office is supposed to be
investigating the Tulia arrests, had a much better November. Mr.
Cornyn, who actually presented Tom Coleman with his Texas "Lawman of
the Year" award, was elected to the United States Senate. He will take
his seat as part of the Republican majority in January.