Pubdate: Sun, 17 Mar 2002
Source: Post-Journal, The (NY)
Copyright: 2002 The Post-Journal
Contact:  http://post-journal.com/
Details: http://www.mapinc.org/media/1939
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption)

PHONY DRUG CASES PUT DALLAS POLICE ON HOT SEAT

DALLAS (AP) -- The cases unfolded -- and unraveled -- one by one: drug bust 
after drug bust in which investigators later found little or no drugs in 
the evidence that was seized.

The FBI is examining the role of Dallas police and prosecutors in about 70 
drug cases -- involving more than 40 defendants -- dismissed in recent 
months after lab tests revealed fake drugs or tiny amounts of the real 
thing mixed with large amounts of gypsum.

Whether it's a case of corruption or a massive system failure remains to be 
seen. But the botched cases have spilled over into the race for district 
attorney and angered the newly elected mayor. Some victims have threatened 
civil rights lawsuits, and Hispanic advocacy groups are calling for the 
resignations of the district attorney, city manager and police chief. "It's 
the worst law enforcement scandal I've heard of in the Northern District of 
Texas in the 20 years I've practiced here," said Paul Coggins, a former 
U.S. attorney.

The scandal began unfolding last fall, when prosecutors notified Dallas 
police of evidence tests showing little or no illegal drugs. But defense 
attorneys say they had beseeched District Attorney Bill Hill to look into 
the cases long before that. Hill defends his office, saying his prosecutors 
were first to discover the problem and send the evidence for lab tests. He 
said his staff found a pattern in some of the cases in early November and 
within two weeks halted all prosecutions involving two police officers and 
their informant, even though some of those cases may have been valid.

The Police Department placed the two narcotics detectives on administrative 
leave.

Police Chief Terrell Bolton has declined requests for interviews with The 
Associated Press. The FBI also declined to give details, citing its 
investigation.

Glenn White, president of the Dallas Police Association, defended his 
suspended colleagues.

"They went out and did their job and they happened to have an informant 
that is unreliable," White said. "The informant realized if he delivered 
large amounts, he'd get more money."

Critics say police and county officials had several clues that the busts 
weren't legitimate. They question why Hill's office had not ordered lab 
tests before indicting defendants based on uncorroborated field tests by 
the arresting officers.

White said most district attorneys and federal agents in Texas require lab 
tests before indicting suspects in large drug busts. Field tests are 
notoriously unreliable; something as innocuous as aspirin can test positive 
as cocaine, he said.

"This is not a corruption case," White said. "It's a system failed."

Dallas County's policy had been to hold off on more conclusive lab tests 
until trial. In some cases, defendants pleaded guilty to lesser charges and 
were jailed or deported. The new policy calls for lab tests before 
indicting suspects.

Former Dallas County prosecutor Robert Montserrat blamed lack of 
supervision in the Police Department and poor communication in the 
overworked district attorney's office. Because the growing drug caseload is 
spread among several prosecutors, a pattern of inconsistency is harder to 
spot, he said.

"The cops are not watching each other," Montserrat said. "The DA's office 
is not watching the cops."

Tarrant County District Attorney Tim Curry said his office has always 
required a lab test before proceeding with an indictment. He called Dallas 
County's previous policy "a pretty sloppy way to handle it."

Bob Baskett, the attorney for Senior Cpl. Mark Delapaz, one of the 
narcotics officers, said his client did not conduct the initial field tests 
and didn't know the drugs were fake. He said drug dealers may have set up 
the informant, who was paid up to $200,000 by police.

"There are lots of theories that people knew this informant was an 
informant so they were messing with him. Another is the informant, who was 
getting paid by the kilo, was rolling the dice to get a bunch of money," 
Baskett said.

No telephone number could be found for Eddie Herrera, the other officer 
implicated.

The informant, Jose Guadalupe Ruiz, 33, is now jailed without bond for 
returning to Texas after he was deported in February on old charges of 
failing to appear at a 1999 hearing on a weapons violation. That same year, 
he became an informant in a deal struck after a drug arrest. His attorney, 
William Nellis, said Ruiz has cooperated with authorities and should be 
released on bail.

The issue is a major thorn for Hill, who is running for a second term this 
fall. His Democratic opponent, lawyer Craig Watkins, has criticized Hill's 
handling of the cases.

"He just wasn't doing his job," Watkins said. "He should have been on top 
of it and knew the policy that had been there for many years was outdated."

Mayor Laura Miller has asked Bolton and City Manager Ted Benavides to brief 
the council, something they have yet to do publicly. Both men have said the 
ongoing investigation and pending civil lawsuits prevent them from 
discussing details. Several Latino advocacy groups have demanded the 
resignations of Hill, Bolton and Benavides because many of the defendants 
were Mexican nationals.

"We think justice has died in Dallas," said Alfredo Castaneda, president of 
Mexicanos Unidos.
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MAP posted-by: Jay Bergstrom