Pubdate: Thu, 06 Sep 2001
Source: Houston Press (TX)
Copyright: 2001 New Times, Inc.
Contact:  http://www.houston-press.com/
Details: http://www.mapinc.org/media/199
Author: Steve McVicker and Tim Carman

DRUG MONEY

Narcotics task forces in Texas spend millions of dollars each year 
busting low-level users and dealers. Is it money well spent, or are 
officers just addicted to easy cash?

Just over a year ago, the small Texas Panhandle town of Tulia, 
located in Swisher County, made national headlines when police 
rounded up more than 10 percent of the city's African-Americans and 
jailed them on drug charges. All of the arrests and charges were 
based on the uncorroborated word of one officer: Deputy Tom Coleman 
of the Swisher County sheriff's office. Coleman was a lawman with a 
checkered past. He had been charged with theft in Cochran County 
before signing on with Swisher County, where he was working as an 
undercover narcotics officer. He was also known as a "gypsy cop," a 
sort of hired gun who bounced from one law enforcement agency to the 
next -- usually one of the dozens of federally funded regional 
antidrug task forces that have sprung up around the state since they 
began forming in the late 1980s. At the time of the Tulia busts, 
Coleman, through his employment with the sheriff's office, was once 
again working for a regional antidrug outfit, the Panhandle Regional 
Narcotics Task Force. First chronicled in the Texas Observer, the 
arrests soon were reported by newspapers and television and radio 
stations around the state as well as by the likes of The New York 
Times and The Washington Post. But the events that occurred last 
summer in Tulia did not happen in a vacuum. Nor was the targeting of 
minorities and the poor a tactic employed by only the Panhandle task 
force.

Instead, Tulia was just the most visible example of these problems as 
they relate to regional drug task forces in Texas -- which last year 
received $31 million in federal money through a U.S. Department of 
Justice grant program known as the Edward Byrne Memorial Fund. By far 
the largest funder of these narcotics-fighting groups, the Byrne Fund 
has distributed billions of dollars to drug task forces across the 
nation.

Additionally, some of those Texas task forces -- especially the ones 
in rural areas -- are now being accused of employing their own 
Tulia-like tactics in dealing with the drug problems in their 
communities. In places like Brady, Hearne, Caldwell, Brownwood, 
Chambers County and elsewhere, critics say task force members have 
relied on unreliable informants to make cases against small-time, 
street-level drug users and dealers who are nowhere close to the 
epicenter of the narcotics problem in Texas. Task force officials 
defend the program by pointing out that all illegal drugs are, well, 
illegal. But civil rights activists charge that the task force system 
is the latest example of an enormously expensive misplaced priority 
in the so-called war on drugs, a war that they say focuses on the 
poor and people of color rather than the real players in the 
narcotics trade.

"The fundamental problem is that you have these task forces out there 
operating with little or no supervision, and absolutely no state or 
federal accountability," says Texas American Civil Liberties Union 
president Will Harrell. "No one is accepting responsibility. And the 
task forces have one motive and one motive only: to produce numbers, 
lest they lose their funding for the next year. But no one questions 
how they go about their business."

~~~~~~~

It was during the presidency of Ronald Reagan that the United States 
declared war on drugs. In a February 1988 speech in Mexico, Reagan 
went so far as to proclaim that the crusade was "an untold American 
success story" and that illegal drug use had "already gone out of 
style in the United States." He could not have been more wrong, as 
the billions of dollars that have been spent on drugs and fighting 
them since prove.

Each June, the beginning of the Byrne Fund's fiscal year, the U.S. 
Department of Justice's Bureau of Justice Assistance distributes the 
millions in federal dollars to state agencies around the country. It 
is the states that send monies down the line to the various task 
forces within their boundaries. This past June, Texas received a 
fresh fix of $31,636,000 earmarked for state task forces. Just like 
every year, the grant was sent from the federal government to the 
Texas Narcotics Control Program, a branch of the criminal justice 
division of the Texas governor's office, with its own current 
two-year budget of $176 million. One of the main tasks of the TNCP is 
the distribution of Byrne Fund money among the state's task forces. 
Only multijurisdictional task forces -- the ones that include peace 
officers from law enforcement agencies in multiple jurisdictions -- 
are eligible for the grant money.

Federal guidelines allow for 100 percent funding of a task force, but 
they also encourage in-kind funding by the participating agencies. In 
1994 there was a push in the Justice Department to abolish the Byrne 
grants program, the reason being that the task forces were 
inefficient, redundant and bad about sharing information. According 
to Kathleen Kennedy Townsend, then the deputy assistant attorney 
general in the Office of Justice Programs, the Byrne grant program 
"was never intended to be a continual grant to the states." Townsend, 
daughter of the late Robert F. Kennedy and now the lieutenant 
governor of Maryland, adds that the funds would continue to be 
available for use by the states, but that the "dollars will be 
focused on programs that work."

However, the plan to eliminate the program generated a firestorm of 
criticism from rural lawmakers and law enforcement agencies, and 
today more federal money than ever is being pumped into antidrug task 
forces in Texas and around the country via the Byrne Fund. And that 
trend shows no sign of abatement, even though, beginning with the 
revelations in Tulia, the last year has not been a good one for the 
Texas Narcotics Control Program.

~~~~~~~

Hearne, Texas, is a long way from Hollywood, California. Situated on 
State Highway 6 about 120 miles northwest of Houston, Hearne, with a 
population of just over 5,000, is the largest city in Robertson 
County. It is an area that is less than vibrant economically. Those 
who own the gently rolling hills try to eke out a living working the 
land. Most of the rest are forced to commute to either Waco or the 
Bryan-College Station area for work.

But despite the sleepy nature of the city, Hearne residents say that 
last November their town could have been mistaken for an 
action-adventure movie set when members of the South Central 
Narcotics Task Force began rounding up alleged drug dealers and users 
in the community. As police vehicles sped through the streets, task 
force members even called in a chopper for aerial surveillance.

In all, 28 people were arrested. Most were black, and many were 
residents of Columbus Village, a federally subsidized low-income 
housing project located in a predominantly African-American 
neighborhood in east Hearne, just down the street from an elementary 
school. Both the school and the housing project are, by law, 
drug-free zones. That means that penalties for drug-related crimes 
committed in those areas are automatically enhanced.

At first the arrests were not that alarming to Hearne residents, who 
had watched passively as the busts occurred every year since the late 
1980s, when task forces and the Byrne Fund first came into being. But 
then the numbers started piling up: From October 1998 to December 
2000, according to records obtained by the Houston Press under the 
Texas Open Records law, the eight-member South Central task force 
filed 574 charges, although some defendants were charged more than 
once. The task force's records are poorly kept, but of the suspects 
who had a race attached to their names, 257 out of 364 were 
African-Americans. Only 34 of the cases involved more than four grams 
of cocaine or crack. The task force made three major seizures during 
this period: 4.16 pounds of cocaine, 90 grams of methamphetamine and 
312 pounds of marijuana. South Central's budget for this period was 
$972,238; if you divide that figure by the number of charges filed, 
it comes out to $1,694 per charge. At the same time, if you crunch 
the salary figures, the task force members made an average of nearly 
$36,000 annually.

"Every year they just round up a bunch of black men and women," says 
Charles Workman, who is a member of the Hearne City Council as well 
as president of the area chapter of the NAACP.

"If you've got gold teeth, you're fit to profile," says hospital 
administrator Helen Boone.

But while the annual raids had reached the point of familiarity to 
Workman and Boone, last November's police action did catch the 
attention of both parents, since each had a son arrested during the 
roundup and charged with delivery of a controlled substance.

"I guess in the past it's been pretty easy for them to get away with 
this, because blacks are easy prey," says Workman, a slow-talking man 
who chooses his words carefully. "Automatically, if you arrest a 
black kid, everybody says he's guilty, and nobody asks any questions. 
Blacks don't have any money to get lawyers. So it's easy to get them 
and send them off to prison. No problem. And they've been doing it 
for about 15 years."

So Workman decided to do something about it. He decided to fight. 
Rather, he hired someone to fight for him: Brad Wyatt, a Bryan-based 
attorney who looks like the redheaded, freckle-faced good ol' boy 
next door. As Wyatt investigated, he began to see similarities in 
many of the 28 arrests from the November busts. Most were black, most 
were poor, and most lived at the Columbus Village housing project. 
Additionally, Wyatt says that although the crimes were alleged to 
have taken place seven months earlier in April, some of the 
defendants had solid alibis, including his client, Corvian Workman.

"It just so happened that my client, at the time of this alleged drug 
deal, was at his grandmother's house with about 40 family members in 
attendance for a birthday party," says Wyatt. "Corvie was actually 
cooking chicken-fried steak at the party."

Perhaps most significant was the fact that the younger Workman and 
many of the others arrested had been fingered on the word of an 
undercover informant, 27-year-old Derrick Megress, who was already on 
probation for burglary and unauthorized used of a motor vehicle. He 
is also an admitted former drug dealer. To avoid jail time, Megress 
testified, he signed an agreement with the Robertson County district 
attorney's office -- headed by D.A. John Paschall, who was also in 
charge of the task force -- to produce 20 drug arrests. In addition 
to his freedom, Megress earned $100 for each person he helped bust.

During Workman's trial, under questioning by Wyatt, Megress admitted 
that he had violated the terms of his agreement with the D.A.'s 
office by using drugs while working as an informant. Wyatt also was 
able to show that, in violation of task force protocol, Megress had 
not been in plain view of a task force member during the alleged drug 
buys. Additionally, Wyatt pointed out that Megress's wife lived at 
the housing project. And he theorized that Megress, once out of sight 
of task force officers, was able to slip into his wife's unit, 
retrieve drugs he had already stashed there, and then bring the drugs 
back to the officers with the story that he had purchased them from a 
Columbus Village resident. Wyatt knew it would not be easy to sell 
his theory to a small-town jury.

"You have these people from whatever walk of life they are from," 
says Wyatt. "They walk into a courtroom, and they see a young black 
man sitting at the defense table. And their first thought is 'I 
wonder what this guy did.' And when they hear the word 'cocaine,' 
they start making assumptions. The presumption of innocence is 
supposed to be there. But in order to get somebody to recognize that 
presumption of innocence, and maintain it, you got to change the way 
they think. And it's real tough to do. They have no point of 
reference. All they know is drugs and black male."

In March, a Robertson County jury, composed of 11 whites and one 
black, deadlocked 11-to-1 for the acquittal of Corvian Workman. A few 
weeks after the trial, with the credibility of his informant in 
shambles, the district attorney of Robertson County dismissed the 
charges against Workman and 16 other people who had been arrested 
during the November roundup. Wyatt says that thinking about the 11 
defendants who pled out before he raised questions about the 
legitimacy of the arrests sends "a chill up my spine."

Both the ACLU and the NAACP have asked the Justice Department to investigate.

District Attorney Paschall "does have to bear some responsibility," 
says Wyatt. "He took taxpayer funds, and he expended them on this 
confidential informant, which was a waste of taxpayers' money. In the 
end, he did the right thing" by dropping the charges. "But his 
motives may have been the scrutiny and the fact that he couldn't get 
a conviction. He had to cover his ass."

But Paschall, who has been replaced as head of the task force, has 
not been the only official in Robertson County with an exposed 
derriere. Following the arrests in November, Hearne city councilman 
Workman introduced an idea that he believed would deal with the 
city's drug dealers and users in a more evenhanded way. Workman's 
plan, which initially was approved by the council, called for the 
city to spend $370,000 to hire North Carolina-based private security 
company ShadowGuard to enforce drug laws in Hearne for four months -- 
and to put an end to racial profiling while enforcing those laws.

"From your words to God's ears," says ShadowGuard president Rick 
Castillo. "Because that's basically what we found. Hearne, Texas, is 
50 years behind the times in terms of anything relating to 
affirmative action."

Castillo found that in a city where African-Americans make up almost 
50 percent of the population, there was not one person of color on 
its police force. In addition to bringing in its own officers, who 
would have been licensed by the state of Texas, ShadowGuard would 
have trained the Hearne Police Department in the area of narcotics 
law enforcement. The company also planned a computer system upgrade 
and the legally questionable installation of a closed-circuit 
television system throughout the city to spot possible drug deals 
going down -- regardless of who was making them.

"You have these kids that make a few dollars" selling drugs, says 
Workman, who is also a Baptist minister. "Which I don't agree with. 
Meanwhile, the guys who are making thousands and thousands of dollars 
go free. ShadowGuard wasn't going to leave anybody out. And that 
scared a lot of people."

Indeed, following the approval of the ShadowGuard contract, 
threatening telephone calls were made to the home of a black city 
councilmember, 69-year-old Thelma Drennan, one of three 
African-Americans on the five-member Hearne governing body. A week 
after its original approval, the council took a second vote and 
canceled the deal. Drennan was one of two black members to change her 
vote -- Workman was the lone holdout. While Drennan says her reversal 
was based on the price tag of the plan, she also says she doesn't 
believe the threats directed toward her will ever be thoroughly 
investigated.

"I don't know that they will ever look into it," says Drennan, a 
woman with a fragile build who admits she was frightened by the 
calls. "Somehow I get the feeling that they don't care if something 
were to happen to me. It would just be one more black person gone."

~~~~~~~

Hearne isn't the only small town in Texas where the actions of 
antidrug task forces have been called into question. And while those 
questions don't always have racial overtones, they usually have 
economic ones -- task forces preying upon the poverty-stricken and 
the young. This January a grand jury in Brownwood, about 125 miles 
west of Fort Worth, issued 75 indictments involving 40 defendants. 
The indictments were the result of undercover work -- code name 
Operation Loser -- last summer by the West-Central Texas Narcotics 
Task Force based in Abilene.

The West-Central task force covers a wider area than the South 
Central task force. Its budget is also larger. According to figures 
obtained under the Texas Open Records law, West-Central had a 
combined budget for fiscal years 1999 and 2000 of just over $1 
million. In that same period, the task force filed 433 charges, at a 
cost of more than $2,300 per case. Some of the busts were 
significant; last year the task force seized hundreds of pounds of 
marijuana. But that doesn't tell the complete story. Some of the 
arrests during 1999 and 2000 were not even drug-related. The arrest 
record includes suspects busted for DPS warrants, carrying large 
amounts of money, unauthorized use of a motor vehicle, car theft, 
reckless driving, failure to render aid, no driver's license or 
insurance, public intoxication and the mysterious "missing person." 
On two occasions, one agent listed the offense as "pending."

The January arrests followed the same pattern as those made by other 
task forces around the state: The targets were mainly the poor and/or 
people of color, none of the cases involved much more than a 
thimbleful of drugs, and the indictments and arrests came down about 
six months after the alleged drug deals had occurred, a tactic that 
criminal defense attorney Kirby Roberts believes is used to make it 
harder for defendants to say exactly where they were and what they 
were doing at the time.

Roberts, who is based in Junction, hears the same story -- and sees 
many of the same task force tactics -- all over his part of Texas. In 
fact, Roberts has stayed more than busy lately defending targets of 
not only the Southwest Texas Narcotics Task Force but also the 
West-Central squad, which operates out of Brownwood about 200 miles 
to the north. Over the past six months, Roberts, a big-boned man who 
resembles Salman Rushdie, has spent a considerable amount of time 
driving the two-lane blacktops among the prickly pear cactus on the 
western edge of the Texas Hill Country on a legal circuit that 
includes Brownwood, Brady, Menard, Junction and other towns. Roberts 
himself gets a bit prickly when he thinks about what he believes are 
the misguided goals and unethical -- if not sometimes illegal -- 
conduct of the members of the various task forces he encounters.

Particularly disturbing to Roberts was the case filed against Terri 
Rene Harrell, a twice-divorced mother of three getting by mainly on 
$300 a month in child support that she receives from her two 
ex-husbands. Her economic standing was only marginally improved 
recently by her marriage to a Texas Department of Criminal Justice 
guard.

In January Harrell was charged with delivering a gram of 
methamphetamine to Scotty Chew while he was working as an undercover 
officer with the West-Central task force. Chew testified that for 
four or five months, as part of his cover, he often hung out at 
Lakeside Tattoo on the outskirts of Brownwood, where he spent his 
time shooting the breeze and helping motorists and cyclists repair 
their machines. According to his testimony, during most of his 
encounters the conversation eventually got around to the subject of 
drugs and if anyone knew where he could get some.

It was under such circumstances that he hooked up with Harrell and 
her friend Jennifer Nell Spencer in July 2000. The undercover officer 
testified that when he approached Harrell about obtaining some speed, 
she informed him that her friend Spencer, who would be coming by the 
tattoo parlor soon, might have some contacts. When Spencer arrived, 
she made a call and set up a rendezvous with her connection along the 
side of a local highway. But when the amount delivered to the meeting 
place wasn't enough to satisfy Chew, the two women and the officer -- 
along with another man named "Jerry" in the undercover officer's car 
- -- went back into Brownwood. When the two-vehicle caravan stopped in 
front of a house, the men in the lead car went inside along with 
Harrell and Spencer. A few minutes later, the women returned with the 
dope. Chew says it was Harrell who handed him the plastic packet.

Roberts, however, suggests that it was actually Spencer who gave the 
drugs to Chew, and that the officer was embellishing his story to add 
Harrell to his arrest list. What's more important, Chew admitted on 
the witness stand that he did little to find out who the men in the 
other car were, or who owned or lived in the house from where the 
drugs were fetched.

"No follow-up was ever made to identify who was in that house or who 
the house belonged to," says Roberts. "So there's no question in my 
mind that [Chew] was just after as many [easy] arrests as possible, 
and not in actually trying to get anybody of any importance. If he'd 
wanted to do that, he'd have gone up the food chain a step. It was 
right there in front of him."

Chew, 30, has served as a peace officer in Texas since 1993. Although 
he works directly for the West-Central task force, he is commissioned 
as a law enforcement officer through the Coleman County sheriff's 
office. He also has worked for the Erath County sheriff's office as 
well as the Rural Area Narcotics Task Force and others. In other 
words, he is a gypsy officer -- the kind who task force critics say 
bounce from one law enforcement agency to the next.

During his cross-examination of Chew, Roberts attempted to show that 
Chew was indeed a dirty cop. While on the stand, Chew denied that he 
had ever sold drugs himself, or that he had ever exchanged drugs for 
sex. However, Chew's claims were contradicted when Roberts called 
Wilda Renee Crelia, who was also facing drug charges, to the witness 
stand.

Roberts: Let me just ask you, did Scotty Chew ever supply you with 
any drugs or controlled substances?

Crelia: Yes.

Roberts: And did he require you to do anything in return for supplying that?

Crelia: Yes.

Roberts: And what was that?

Crelia: Oral sex.

Despite Crelia's testimony, Harrell was convicted on the delivery 
charge. But the judge who heard the case sentenced her to probation 
despite a prior drug conviction. Roberts believes that decision was 
significant.

"She walked out of the courtroom a free woman," says Roberts, 
"because I don't believe the judge liked what he heard."

Chew could not be reached for comment, but Billy Schatt, commander of 
the West-Central task force, says Crelia's charges against the 
officer are unfounded, and calls her testimony a typical legal ploy 
to shift attention away from the defendant. He also defends Chew's 
and the task force's focus on street-level users and dealers. The 
task force's priorities, he says, are set by the police chiefs and 
sheriffs in his 15-county region. A small-time dealer in a big city, 
he adds, could be a major player in a place like Brownwood. Besides, 
he asks, "What do they want us to do? Trace it all the way back to 
Colombia?"

~~~~~~~

The case of 30-year-old Iletha Spencer, who is also represented by 
Roberts, in many ways parallels that of Harrell.

Spencer is an unemployed single mother of four children, who range in 
age from eight years to two and a half. Until recently, she and her 
brood lived in a federally subsidized house in Brady. In March, as 
part of 32 indictments handed down from a McCulloch County grand 
jury, she was forced to move out of the dwelling after she was 
arrested for selling less than a gram of cocaine to an undercover 
member of the Southwest Texas task force, based in Junction.

Officer Larry Stamps arrived on the scene last summer when the task 
force set him up in a unit at a federal Housing and Urban Development 
apartment complex in Brady. The move was designed to ensure than any 
drug buys that Stamps made there would automatically carry a stiffer 
penalty. As part of his cover, Stamps was known at the housing 
project as Delbert, not Larry.

Spencer was introduced to Stamps by her girlfriend Gracie, who was 
dating Stamps's undercover partner. Spencer says Stamps came off as 
the original party animal. Every time she saw him he was drinking; he 
would show up at all hours of the day and night looking for drugs and 
flashing cash at people not accustomed to having much money. Both 
Spencer and Gracie were impressed with the two new big spenders.

"I saw the money," says Spencer. "I counted $300 or $400. He was 
always buying beer and stuff like that. They're dealing with people 
that live in low-income houses, and here this guy is forking out the 
money. Well, yeah, you're going to think he's cool. But I guess he 
knew what he was doing. He did us all like that."

Eighteen-year-old Trista Hoard agrees. Hoard's 17-year-old brother, 
Justin, also was named in the indictments that came down this spring, 
about nine months after Stamps arrived. It troubles Hoard that a drug 
task force officer like Stamps would spend so much time hanging 
around teenagers from the poor side of town like her and her brother.

"We all partied and barbecued at this guy's house," says the pregnant 
Hoard, adding that the gatherings remained fairly innocent and 
juvenile. "We had water fights. We would just sit out there all the 
time. Then he just starts throwing money at us. I mean giving us 
money, practically. And [the police] know that if we're living in 
government apartments, you don't have that much money. You throw $700 
at a kid, what are they going to do? Turn around and say no? I mean, 
come on."

Of the 32 Brady residents indicted, not one was accused of having or 
selling more than a small amount of marijuana, meth or coke. 
Twenty-year-old Neal Solomon was among those charged with delivery of 
a controlled substance -- one gram, to be exact. He is the son of 
40-year-old white-bearded, gimme cap-wearing James Solomon, who ekes 
out a living at SureFed Mills. At the time the Press interviewed 
James Solomon in March, Neal had not yet turned himself in to 
authorities. Solomon acknowledges that his son has a prior conviction 
for possessing just over a gram of cocaine. Still, after taking a 
look at the Brady arrest list, he has a hard time believing that the 
task force is making the best use of its taxpayer-provided resources.

"There's nothing I can do to get my boy out of this," says Solomon. 
"But in the long run, when they quit going after the little guys who 
are just trying to make a buck or two, they ought to try going after 
people who are making thousands."

It's a sentiment echoed again and again, and loudly by Peggy Parker, 
the outspoken mother of Iletha Spencer. Parker notes that the alleged 
drug deals were supposed to have taken place in September 2000, or 
seven months before her daughter and the 31 other defendants were 
indicted.

"If they want to get it off the streets," asks Parker, "why don't 
they go after the ones who are selling it out of their homes? 
[Stamps] knew some of them, because he was carried to their houses. 
For seven months he's been doing this, and he doesn't know who the 
drug dealers are?"

While Stamps and the task force may not know the names of drug 
dealers higher up the food chain, the citizens of Brady are 
definitely aware of the suspects snared in the busts last spring. All 
the names were printed on the front page of the two weekly Brady 
newspapers for two weeks running. Many business owners clipped the 
box and posted it in their stores and shops. Spencer says everyone on 
the list is immediately turned away when applying for a job -- 
whether they were convicted or not.

Spencer has yet to come to trial, and she declines to say whether she 
helped Stamps acquire any drugs. But that didn't stop her from 
venting.

"We're not drug dealers," Spencer insists. "He didn't bust drug 
dealers. He busted people who went and did a favor for him and got 
him drugs. We weren't selling the stuff out of our houses. People 
knew where to get it, and they picked it up and gave it to him. But 
they didn't mess with the drug dealers."

The Southwest Texas Narcotics Task Force, established just last year, 
is messing with the Press, however. It has appealed to the Texas 
attorney general's office regarding the paper's Texas Open Records 
request for information on its arrests and seizures. Stamps, 
meanwhile, has moved on to the Dogwood Trails Narcotics Task Force in 
Palestine, where the Press tried to contact him, without success.

~~~~~~~

A question lingers: Why do these drug task forces remain in business 
despite their well-documented problems, their poor arrest records and 
their emphasis on low-level dealers and users? The answer is simple: 
Because there's money available.

Established in 1988 to honor a fallen New York City police officer, 
the Edward Byrne Memorial Fund, in just the past five years, has 
distributed approximately $2.5 billion in grants to drug task forces 
nationally, with $160 million of it going to Texas, where it is 
divvied up among the almost 50 tasks forces operating in the state. 
Those task forces are as addicted to the federal cash injections as 
the junkies are to their dope. And according to critics, they're more 
concerned with making as many busts as possible to keep their arrest 
numbers up and their funding high than they are on concentrating on 
time-consuming investigations that might net large-scale dealers.

The Texas Narcotics Control Program, the division of the governor's 
office that distributes Byrne Fund money to state task forces, has 
come under heat itself. In June the Austin American-Statesman 
reported that Robert J. "Duke" Bodisch, the head of the program, was 
reassigned when an audit revealed that he borrowed three cars from 
one of the task forces. The report also showed that for five years 
the TNCP had used Byrne funds to buy awards, gifts, alcoholic 
beverages and entertainment -- spending that appeared to fall outside 
the guidelines governing the use of the Byrne money. The Press 
contacted Bodisch about task forces in general before his 
reassignment, but he declined to be interviewed.

This is not the first instance of alleged abuses of task force money. 
In June 1998 then-governor George W. Bush's office stopped funding 
for the Permian Basin Drug Task Force amid allegations of falsified 
meal tickets, doctored quarterly reports on confiscations, and other 
irregularities. The task force was abolished that summer.

"Some of them are run well. Some are not run well. It's very 
political," says former task force officer Barbara Markham. "And it's 
definitely not money well spent."

~~~~~~~

With her skinny frame, sleepy eyes and cigarette voice, 41-year-old 
Markham comes off like a doper. It's a good look to have if you 
happen to be an undercover narcotics officer -- which she used to be.

Markham got her start in law enforcement in 1983. At the time, she 
was 23 years old, living in Frisco, north of Dallas, going to college 
and working for Arco Oil & Gas -- and making more money than she ever 
would as a police officer. But Markham found herself scrambling to 
find work when the oil boom went bust. So she got herself certified 
as a peace officer and then hired on as a reserve officer in Frisco, 
at that time a quiet burg of about 3,000 people. At first it seemed 
like there was nothing to it.

"Back then we were dealing with things like cattle in the roadway," 
says Markham.

Markham's cushy new job didn't last long. Shortly after she hired on, 
Markham's chief approached her about doing some undercover work. 
Thinking the assignment would be for only a couple of hours or so, 
Markham agreed, unaware that what the chief had in mind would turn 
her life upside down forever.

"What they wanted was to put an undercover officer in a high school," 
says Markham. "They had searched high and low throughout the county 
looking for somebody who was young enough." Or someone who looked 
young enough. And although she was 23, Markham could easily pass for 
a 17-year-old.

After a crash course in narcotics law enforcement and armed with fake 
transcripts from Wichita Falls High School, Markham slipped unnoticed 
into Wylie, in Collin County. She enrolled in summer school and began 
hanging out with the kids -- throwing Frisbees and riding 
skateboards. Little by little they took her in.

"My goal was not to bust the kids, but to bust who was selling to 
them," says Markham. "That's the way I ran my operation." When 
Markham was pulled out of the school six weeks later, 20 suspects 
were arrested on charges of delivery of a controlled substance. All 
but two were adults.

After Wylie, Markham was assigned to Princeton High School, east of 
McKinney. There, things did not go so well, as news of her arrival 
preceded her among the students. For the next few years Markham 
continued to infiltrate student bodies in North Texas in search of 
drug dealing. But now she was pushing 30, and she'd had enough.

"I was almost old enough to be their mom," says Markham.

 From high school, Markham went to working the bar scene in small 
towns around Dallas before settling into a patrol job with the Colony 
Police Department in 1988. When The Colony decided to join an 
antidrug task force that was forming in the area, Markham was 
selected as the department's representative, and she was happy to be 
working drug cases again. But after she'd spent a few months with the 
task force, department officials decided Markham had been working 
narcotics for too long. They reassigned her to patrol in 1997. In 
retrospect, Markham admits that she should have done exactly what she 
was told. Instead, she signed on with the now-defunct Northeast Area 
Drug Interdiction Task Force based in Rockwall, something she calls 
"the worst mistake I ever made in my law enforcement career."

 From the beginning, says Markham, she was troubled by the focus of 
the Rockwall task force. "The thing I started noticing was that they 
were only going after blacks," says Markham. She also got crossways 
with her new boss.

"He wanted me to take a load of [marijuana] to Vicksburg, 
Mississippi, and drop it off there," says Markham. "When I told him I 
couldn't do that" because it was against the law, "I got fired."

Rockwall task force commander Mike Box III declines to address 
Markham's allegations. He does acknowledge, however, that the task 
force's emphasis on low-level dealers and users is merely a response 
to the concerns of the community. Residents, he says, routinely call 
sheriff's departments in the four-county area to complain of the drug 
traffic in their neighborhoods.

After Rockwall, Markham's next stop was the Narcotics Trafficking 
Task Force of Chambers and Liberty Counties in 1995. Once again, 
Markham found what she describes as racial profiling.

"Basically, it came down to that white America was no longer 
touched," says Markham. "If you were white, you didn't have to worry 
much about task forces, because they were going after crack. But it 
doesn't take any skill to make a crack bust. All you have to do is 
drive up and roll down your window. It's like shooting fish in a 
barrel. But the drug problems in these various counties do not just 
involve black people, and it's not just crack. But that's about all 
they're turning out now. It's just ridiculous."

According to Markham, the problems in Chambers and Liberty counties 
run deeper than racial profiling. In 1997, after two years on the 
job, Markham discovered that the task force members and their 
confidential informants were setting up people for arrests. She 
became aware of the practice when she and an informant went to a 
house in Anahuac in Chambers County to buy some pot. Markham says 
that while she and the informant were able to obtain the dope from 
the woman who lived in the house, the woman refused to take their 
money. Nevertheless, the informant later put in his report that the 
woman had in fact taken the money. Markham questioned the informant 
about the discrepancy, but she says the informant told her that it 
was the task force's standard procedure to falsify statements -- that 
he had done at least 150 cases the same way.

When she took the problem to her superior, Markham says, she was told 
not to worry, that it would be the informant, not her, testifying in 
court. Soon afterward, she was handed a list of 22 reprimands and was 
fired. Markham filed a lawsuit against the task force and eventually 
settled out of court. She received a mere $8,000. However, she 
refused to cash the check when she realized that one condition of the 
settlement called for her to remain silent.

Mike Little, district attorney for Chambers and Liberty counties and 
the task force project director, did not return phone calls from the 
Press.

"I think there needs to be a Justice Department investigation," says 
Markham. "I think the office of the governor should be more involved 
in these task forces and look into the corruption, because they are 
full of corruption. But they operate like the CIA. Nobody ever knows 
what they're doing, which is a good thing investigation-wise. But 
accountability-wise and responsibility-wise, nobody's doing anything. 
Because if anything happens, everybody's afraid they're going to lose 
their federal funding. So they just let you resign, no matter what 
you've done. You get a clean bill of health, and you move on to the 
next task force."

~~~~~~~

If central casting ever needs a stereotypical Texas lawman, they 
could turn to Sheriff Gerald Yezak. In his creased Wrangler blue 
jeans secured with a belt anchored by a buckle the size of his fist, 
white straw cowboy hat, elephant-skin boots and striped western 
shirt, the long, tall and prematurely gray Yezak cuts an impressive 
figure as he enforces the law in Robertson County, the 870 square 
miles where he has spent most of his 45 years. Rolling along in his 
maroon Dodge Ram 2500, Yezak seems to know everyone in the county, 
greeting his constituents by name as he makes his way along the 
quiet, lazy streets of Calvert, Bremond and Franklin, the county seat.

When asked if there is much violent crime in Robertson County, Yezak 
smiles and says, "Well, that depends on your definition of much." He 
goes on to explain that there were only three homicides in the county 
last year; none so far in 2001. In other words, there's not much 
violent crime in Robertson County. However, when it comes to drugs, 
Yezak maintains it's a growing problem.

His biggest concern, he says, is the resurgence of methamphetamine 
laboratories. Meth labs produce a distinctive and foul chemical odor, 
one that's hard to hide in the close confines of urban areas. The 
sparsely populated rolling hills of Robertson and other rural 
counties, says the sheriff, provide meth dealers with the privacy 
they need to cook their product. The proliferation of meth labs, says 
Yezak, has also produced a black market for one of the key 
ingredients in making the drug: anhydrous ammonia. The substance is 
in abundance in the county because farmers use it to fertilize their 
fields. Normally anhydrous ammonia goes for about $400 a ton; on the 
black market, it brings $300 a gallon.

In addition to his job as sheriff, which he has held for the past 
five years, Yezak is also project director of the South Central Texas 
Narcotics Task Force. He was appointed to replace Robertson County 
District Attorney John Paschall early this year -- right about the 
time questions emerged about the drug arrests in Hearne last 
November. Yezak had no part in those raids, and he refuses to fault 
his predecessor's penchant for targeting street-corner dealers and 
small-time users. He points out that the possession and sale of 
illegal drugs is against the law, period, regardless of the amount. 
That said, however, Yezak also indicates that the priorities of the 
South Central task force will be different under his watch. He wants 
his team to spend more time looking at the big picture. Specifically, 
he plans to target the meth labs that have moved into his territory.

As for the millions of dollars that pour into the Texas drug task 
forces each year, Yezak acknowledges that it's a lot of money but 
believes it is money well spent. His task force commander, Joe Davis, 
agrees, insisting that rural Texas counties like Robertson just don't 
have the tax base to adequately fund a war on drugs.

One of Yezak's first moves after taking over was to hire Davis, a 
small dark-haired man with 16 years of law enforcement experience, 
away from the Brazos Valley Task Force in nearby Bryan. Brazos Valley 
has a reputation as a well-run operation, and Davis has a reputation 
as a stand-up officer -- even among criminal defense attorneys.

"I can tell you this," says Bryan attorney Brad Wyatt, who defended 
Corvian Workman in the Hearne drug raids last November, "based on my 
experience with this guy in the past, things are going to change in 
Robertson County -- for the better."

As to why he brought in Davis as the new commander, Yezak is again 
diplomatic, and deftly avoids saying that it was because he was 
unhappy with the way the unit was being run. "The old commander 
worked for the D.A.," says Yezak, between spitting sunflower seed 
shells into a cup. "He didn't work for me. If I'm going to have 
somebody running [the task force], and I'm the project director, I'm 
going to have somebody who works for me. Somebody who answers to me."

Davis isn't one to criticize, either. But he believes his 
predecessor's problems -- indeed, the problems of the task force -- 
stemmed from poor supervision of confidential informants. Davis says 
he plans to avoid that problem by strictly limiting how and when his 
officers use informants.

Of course, starting this month, Davis, Yezak and all the other Texas 
task forces really don't have any choice but to change their ways.

~~~~~~~

On September 1, a new state law went into effect limiting the use of 
confidential informants in court. Drug convictions may no longer be 
based on uncorroborated testimony from a single informant. The new 
law is one of several battles won during the last session of the 
Texas legislature by a coalition of groups including the ACLU and the 
NAACP. The legislature also made it easier to obtain background 
information on law enforcement officers. The measure resulted from 
the revelations about undercover officer Tom Coleman, whose theft 
charge (later dropped) was discovered after his busts in Tulia as 
part of the Panhandle Regional Narcotics Task Force.

Meanwhile, Coleman continues his gypsy ways. He left the Panhandle 
task force and found new employment with the Southeast Dallas 
County/Ellis County Task Force in Waxahachie. This past April, 
however, Coleman was fired. The Amarillo Globe-News quoted Ellis 
County District Attorney Joe Grubb as saying Coleman's termination 
did not involve any of his work as an undercover officer. "It 
involved his relationship with an individual in the community."

In addition to calling for a Justice Department probe of Coleman's 
actions and last summer's arrests in Tulia, the ACLU also is pushing 
for federal probes of the task force actions in Brownwood and Brady. 
What's more, agents from the Federal Bureau of Investigation have 
interviewed former undercover task force officer Barbara Markham 
about her allegations of at least 150 trumped-up drug charges filed 
against persons arrested by the Narcotics Trafficking Task Force of 
Chambers and Liberty Counties. Markham currently works for the small 
Oak Forest Police Department on Lake Lewisville near Denton. After 
seven years of going under cover for task forces, she would never 
work for another one -- even if she wanted to.

"I'm completely blackballed," says Markham, "but I wouldn't work for 
a task force again."

Editorial assistant Kirsten Bubier helped compile statistics for this story
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