Pubdate: Thu, 31 Jul 2003 Source: Amarillo Globe-News (TX) Copyright: 2003 Amarillo Globe-News Contact: http://amarillonet.com/ Details: http://www.mapinc.org/media/13 Author: Greg Cunningham BOARD BACKS PARDONS IN TULIA DRUG STING Recommendation Sent To Governor's Office A united Texas Board of Pardons and Paroles on Tuesday took an apparently unprecedented step of recommending the mass pardoning of nearly all the defendants from the controversial 1999 Tulia drug sting. BPP Chairman Gerald Garrett said Tuesday's action, in which the 18-member panel unanimously recommended that the governor pardon 35 people, is unprecedented in his experience. "I've been in the parole system for over 25 years and have been on the board since 1995," Garrett said. "I can say without hesitation, I haven't seen anything compatible to the efforts that have just been undertaken by this board in these cases. "For an 18-member board to reach a unanimous decision, I think, is a fairly unique occurrence." The recommendations are now in Gov. Rick Perry's office, where his staff will review the cases before the governor decides whether to sign pardons. Gene Acuna, spokesman for Perry, said the governor's office will expedite the review process, but it still may take a month before Perry reaches a decision. Defense attorneys said they were thrilled with the board's action, despite the time it could take the governor to make it official. "We've been working toward this for a few years now," said New York attorney Vanita Gupta, who helped organize defense attorneys in her role with the NAACP Legal Defense Fund. "We're hoping the governor will sign these pardons and correct this miscarriage of justice." The 35 recommendations were three short of the number defense attorneys had sought. One of the defendants was not included because she was given deferred adjudication. Two others were excluded because they were jailed on probation violations, not directly on the charges from the bust. The 35 are among 46 people, 39 of whom are black, arrested in 1999 after an 18-month undercover investigation by Tom Coleman, an on-again-off-again lawman who was working in a welding shop when he was hired for the job. The racial makeup of the arrests led to accusations of bias, while evidence of misconduct in Coleman's background led to questions about the legitimacy of the investigation. By this summer, most of the defendants had been released from prison after serving prison time or getting probation. They were joined last month by a dozen inmates who were released by Judge Ron Chapman under the auspices of a legislative bill that authorized the judge to grant bail. Chapman stopped evidentiary hearings in March, finding that Coleman was perjuring himself on the stand. Coleman was subsequently indicted on three counts of aggravated perjury related to his testimony. Chapman recommended to the Texas Court of Criminal Appeals that all 38 cases be overturned, an action that would be moot if Perry signs pardons. The evidence of Coleman's alleged perjury proved compelling for the board in its deliberation. Garrett said each member reviewed every case and came to individual decisions, but Coleman was a clear factor in the decisions. "The issue as to the conduct of the primary law enforcement officer and the impact that conduct had on trials and plea bargains was apparent to us," Garrett said. "We're a deliberative body. We don't jump to conclusions. All of this was carefully considered in each case." Amarillo lawyer Jeff Blackburn said he is confident the governor will sign the pardons, which will open the way to the next phase of the legal fight - the civil battles. Blackburn said he and the other attorneys are determined to use civil suits to make changes in the organizations responsible for the drug bust. "The Texas criminal justice system has made great progress in correcting what happened in Tulia, but there are limits to what it can do," Blackburn said. "That's why we have a civil justice system. It's in civil court we expect to finally be able to end the nightmare permanently." - --- MAP posted-by: Beth