Posted on 05/14/2003 5:59:32 AM PDT by Theodore R.
Governor seeks review of Tulia drug convictions BY JOHN REYNOLDS AVALANCHE-JOURNAL
Gov. Rick Perry stepped into the controversy swirling around a 1999 drug bust in Tulia by asking the Texas Board of Pardons and Paroles on Tuesday to review the convictions of 38 people.
In a letter to board chairman Gerald Garrett, Perry wrote, "I urge you to begin an expeditious investigation into each of these cases and recommend whether a pardon, commutation of sentence or other clemency action is appropriate and just."
Thirteen people remain in prison, serving sentences as long as 90 years.
Although the board can recommend clemency, Garrett said Tuesday that it may be a while before decisions are made.
The board will first need to review the facts in each of the 38 cases before making a final recommendation to Perry.
"Some may have expectations of a global recommendation on all 38 cases," Garrett said. "It's not going to be a group decision."
However, "We know 13 are incarcerated and (they) will receive our top priority," he said.
Tom Coleman, working as an undercover officer in Tulia, built cases against 46 people on drug charges in July 1999. Of those prosecuted, 39 were black.
In April, a retired judge presiding over evidentiary hearings in Tulia declared that Coleman lacked credibility as a witness and recommended that 38 defendants convicted solely on Coleman's testimony should receive new trials.
Three weeks later, a grand jury indicted Coleman on three counts of aggravated perjury stemming from the testimony he gave at the evidentiary hearings.
Questions about Coleman's credibility will be considered by the Board of Pardons and Paroles, Garrett said.
"I'm sure it's one of the facts that will be taken into consideration," he said.
However, he added that it was "inappropriate to quantify" how much those concerns will factor into the board's final recommendations.
"We're pleased the governor has asked the board to review the cases," said George Kendall, staff attorney for the New York-based NAACP Legal Defense and Educational Fund Inc.
"We're hopeful a full release is imminent," he said.
Amarillo defense attorney Jeff Blackburn said he appreciated Perry's gesture. It was the first time Perry publicly acknowledged a possible miscarriage of justice in Tulia.
"It gives us a big moral boost," Blackburn said. "We're glad to know every branch of government is on board."
State Sen. John Whitmire filed legislation in the Texas House last week seeking the release of the 13 people still incarcerated from the 1999 bust.
In addition, the Texas Court of Criminal Appeals will decide in a few months whether to order new trials. State prosecutors have already said they will not pursue charges if the trials are ordered.
At the federal level, the House Judiciary Committee will investigate the drug cases, according to an announcement last week by the committee's chairman, Rep. James Sensenbrenner, R-Wis.
Blackburn said he remained committed to the goal of getting the Court of Criminal Appeals to order new trials.
Once that happens, his clients can be completely exonerated, he said.
"Some halfway measure like executive clemency isn't enough," he said. "We want new trials. We want dismissals."
(Morris News Service contributed to this report)
jreynolds@lubbockonline.com 766-8725
In April, a retired judge presiding over evidentiary hearings in Tulia declared that Coleman lacked credibility as a witness and recommended that 38 defendants convicted solely on Coleman's testimony should receive new trials.
Three weeks later, a grand jury indicted Coleman on three counts of aggravated perjury stemming from the testimony he gave at the evidentiary hearings.
Another triumph of the War On Some Drugs.
Why are these stories always about drug-war cops?
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