Pubdate: Thu, 31 Jul 2003 Source: Lubbock Avalanche-Journal (TX) Copyright: 2003 The Lubbock Avalanche-Journal Contact: http://www.lubbockonline.com/ Details: http://www.mapinc.org/media/841 Author: John Reynolds Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas) PARDONS URGED IN DRUG CASES Board Issues Opinion For Tulia Residents The Texas Board of Pardons and Paroles recommended Tuesday that Gov. Rick Perry grant pardons to 35 people convicted in the 1999 Tulia drug busts. All 18 members of the board recommended pardon in each case, said board chairman Gerald Garrett. The governor asked the parole board May 13 to review the convictions obtained through testimony by Tom Cole man, a now-discredited undercover narcotics investigator. Perry -- In a letter to 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." The parole board spent the last two months gathering information before issuing its recommendations about 4 p.m. Tuesday, Garrett said. "Our mission is now complete," he said. "The Board of Pardons and Paroles has completed its assigned task." Coleman's undercover work culminated in July 1999 in the arrests of 46 people, 39 of whom were black. The cases stemmed from an 18-month undercover operation in which Coleman worked alone, used no audio or video backup and claimed to have written notes on his legs. In Perry's letter, the board was asked to review 38 convictions that retired judge Ron Chapman recommended for new trials. In April, the judge, who was conducting evidentiary hearings in Tulia, ruled Coleman lacked credibility as a witness. The Texas Court of Criminal Appeals will later decide whether to order new trials. State prosecutors have said they will not pursue charges if the trials are ordered. Garrett said the board consulted with prosecutors and attorneys for the defendants in drafting the list of 35 convictions to review. Twelve defendants were released on bond in June after the Texas Legislature passed a bill allowing bail to be granted. Although the parole board was originally charged with reviewing 38 convictions, not all 38 people were eligible for pardon, Amarillo attorney Jeff Blackburn said. Etta Kelly was on deferred adjudication, which meant she had never been convicted. With no conviction, she wasn't eligible for pardon, Blackburn said. Meanwhile, Landis Barrow and Mandis Barrow aren't eligible for pardon because they're serving time for crimes not related to Coleman's testimony, Blackburn said. "What (the board is) saying is that everyone who is legally entitled" should get a pardon, he said. Blackburn was ebullient Wednesday morning when he was told the news of the parole board's recommendation. "This is truly a glorious day for every one of these folks, their lawyers and the thousands of strong supporters we have throughout the country," he said. Blackburn, who represented most of the Tulia defendants, said the recommendation was a culmination of four years of hard legal work. Citing his work on the Tulia cases, the State Bar of Texas named Blackburn Criminal Defense Lawyer of the Year in June. "This shows that, no matter how many flaws or problems our system has, it is still capable of correcting injustice," Blackburn said. "We can only pray the governor will act on this recommendation and pardon every single one of these folks," he said. The governor's General Coun sel staff will review the parole board's recommendations, said Gene Acuna, spokes man for the governor. "We are expediting the process," he said. Acuna estimated it will be about a month before the governor takes any action. - --- MAP posted-by: Jay Bergstrom