Pubdate: Sun, 23 Mar 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

AGENT ANSWERS CENTRAL QUESTION ABOUT 1999 STING

Officer May Have Damaged Cases

TULIA - The undercover agent who conducted the controversial 1999 Tulia 
drug sting may have damaged four of his own cases Thursday when he answered 
one of the central questions at issue in the evidentiary hearings that have 
been going on in Tulia all week.

Taking the stand on the fourth day of testimony in the Swisher County 
courtroom, former undercover agent Tom Coleman underwent rigorous 
questioning by Washington defense attorney Mitchell Zamoff, who popped the 
big question toward the end of the day.

"The only evidence that any of the buys you said were made in Swisher 
County happened is your word, correct?" Zamoff asked.

"Yes," Coleman responded.

That one-word response could be crucial because it provides an answer 
favorable to the defendants in one of two issues being contested at the 
hearings.

The Texas Court of Criminal Appeals last year remanded the cases of Jason 
Jerome Williams, Christopher Eugene Jackson, Freddie Brookins Jr. and Joe 
Moore back to Swisher County to determine whether the state improperly 
withheld evidence that could impeach Coleman's testimony and whether the 
defendants were convicted based solely on Coleman's word.

The appeals court, in its order, said that the questions, if answered 
positively, could provide a basis for relief of the defendants.

The four defendants have been in court all week as a series of witnesses 
have taken the stand.

Clearly the most anticipated testimony came from Coleman, but Swisher 
County Sheriff Larry Stewart answered some important questions as well.

Picking up Stewart's testimony Thursday morning, Zamoff continued to ask 
questions that tried to show Stewart went to great lengths to keep secret 
Coleman's background and his arrest on charges of theft and abuse of 
official capacity out of Cochran County, where the former agent worked 
prior to employment in Tulia.

On Wednesday, Stewart testified that he sent a letter to the Texas 
Commission on Law Enforcement Officer Standards and Education, asking that 
Coleman's law enforcement records be kept secret.

Today, Zamoff quizzed Stewart extensively about how Coleman was arrested.

In an effort to keep Coleman from being booked into the county jail, 
Stewart said he fingerprinted Coleman in Amarillo, then drove with him down 
Interstate 27 across the Swisher County line. Once in Swisher County, 
Stewart arrested Coleman while sitting in a car, then filled out paperwork 
on a personal recognizance bond, which had been previously been approved by 
the Swisher County Attorney.

The Cochran County charges were dropped after Coleman made restitution. He 
was put back on the streets in Tulia after passing a polygraph test, 
Stewart said.

Stewart admitted that he was trying to keep Coleman's information out of 
the public eye, but he said it was because he wanted to protect his 
undercover officer, not out of any attempt to execute a cover-up.

On cross-examination, Stewart said he never lost confidence in his agent 
during the investigation.

"If you had become convinced that Tom Coleman was a liar and a criminal, 
would you have been willing to throw the cases out?" asked Special 
Prosecutor John Nation.

"Yes, sir," Stewart responded.

Stewart was released from the witness stand in the afternoon, and the 
courtroom started buzzing as observers waited for Coleman to make his entrance.

The former agent strode into the courtroom sporting a leather jacket, 
mustache and a buzz cut with his hair slicked back on top.

Coleman spent much of his time testifying about his employment prior to 
Swisher County.

The former agent said he left a job in Pecos County because he was going 
through a divorce with a vindictive wife. He said he left Cochran County 
because he witnessed illegal or unethical behavior from his fellow 
deputies, and no one seemed to care.

Each time Coleman said something positive about the investigation, snorts 
of derision sprang from the pro-defendant courtroom, eventually prompting 
an objection from the state and an admonition from the judge.

During his testimony, Coleman admitted he was wrong in the case of Yul 
Bryant, whose charges were dropped after he was misidentified. Coleman 
refused to admit wrongdoing in the cases of Tonya White, whose case was 
dropped after she produced an alibi, and Romona Strickland, who was 
misidentified by Coleman as being six months pregnant.

Zamoff jumped on the statement to question Coleman about his faith in the 
investigation.

"You're not sure everybody in jail belongs there, are you?" Zamoff asked.

"I'm pretty sure," Coleman responded.

"That means you're not totally sure," Zamoff countered.

"I'm totally sure," Coleman finished.

Coleman is expected to continue testimony this morning.
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