Pubdate: Wed, 2 Apr 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 Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas) REVERSALS POSSIBLE IN STING TULIA - Evidentiary hearings on the controversial 1999 Tulia drug sting ended Tuesday with a stunning reversal, laying the groundwork for the possible release of every person arrested in the sting. Following a week of highly damaging testimony - especially from undercover agent Tom Coleman, who was caught in several contradictions - the state reversed course and agreed to recommend that the convictions of all the defendants be tossed out. After a day of negotiations by attorneys for the state and the defense Monday, visiting judge Ron Chapman said Tuesday he would recommend that the Texas Court of Criminal Appeals grant new trials to the 38 people who were convicted or struck plea agreements based on Coleman's accusations. "It is stipulated by all parties and approved by the court that Tom Coleman is simply not a credible witness under oath," Chapman said. "I will submit a recommendation that new trials be granted in every case." Chapman's words came as sweet relief to a courtroom full of friends and family of the defendants, who sat in stunned silence as they were read but erupted in jubilation outside the courtroom. "I'm so happy," said Mattie White, who has three children in prison on charges from the drug bust and a fourth who was charged but later cleared. "I wish he (Chapman) had cut them loose right now. That's the best step I ever heard. We've been praying for four years for this, and we haven't ever given up." The decision came before the sixth day of testimony could begin in evidentiary hearings for defendants Jason Jerome Williams, Christopher Eugene Jackson, Freddie Brookins Jr. and Joe Moore. The four men are among 46 people, 39 of whom are black, arrested after Coleman conducted an 18-month undercover investigation in Tulia. The arrests brought national media attention and accusations of racial bias to the cases, eventually resulting in still-ongoing investigations by the U.S. Department of Justice and the Texas Attorney General's office. Tuesday's decision does not free the 13 people still in prison or clear the records of the other 25 who struck plea agreements, but it could lay the groundwork to do that. Defense attorneys will spend the next several weeks developing factual findings in each of the 38 cases - the rest of the 46 people arrested were either cleared or not prosecuted for various reasons - which will explain why the defendants should get new trials. Those findings will be submitted to Chapman, who assumes jurisdiction over the cases. Chapman then will send his findings of fact and conclusions of law to the court of appeals for its consideration. Chapman's recommendation and the agreement by the state to abandon the convictions do not mean the appeals court will grant new trials, but defense attorneys said they think the chances are good. "Judge Chapman is widely regarded as one of the best criminal trial judges in the state," said defense attorney Mitchell Zamoff, who questioned Coleman on the stand. "We have a high degree of confidence the court of criminal appeals will agree with his findings." If the appeals court grants new trials, the state would still have to decide whether to prosecute again, which would require calling Coleman to the stand. No final agreement has been made on new trials, but special prosecutor Rod Hobson said retrials are probably not an option. "It's unlikely that they'd be retried, any of them," Hobson said. "It would be foolish for us to go forward at this time." Defense attorneys were thrilled at Tuesday's developments, but prosecutors were much more reserved in their comments. District Attorney Terry McEachern, who prosecuted the cases, would not comment on what led up to the agreement. "Nothing's settled, but I hope that justice is being done," McEachern said. McEachern is no longer representing the state. Special prosecutor John Nation said all the attorneys representing the state submitted motions to withdraw from the cases to the judge. Chapman accepted the motions from McEachern and his staff, but kept Nation and Hobson on board. Nation would not state the specific reason the resignations were submitted, but said they were required by rules of the court. The decision to withdraw backing from the convictions would appear to be a blow to the state, but Nation said it actually showed the justice system functioning as it should. "We have a duty to see that justice is done, and we acted in accordance with that duty today," Nation said. "The system is working." The decision to vacate the convictions and Chapman's statement about Coleman also bring up the question about what will happen to the former undercover agent. When asked about possible perjury charges against Coleman, Nation said only "No comment." Freddie Brookins Sr. had plenty to say about the man whose testimony put his son in prison. "Tom Coleman definitely needs to be in the places my son and these other people are in," Brookins Sr. said. "That was criminal what he did. When you take and mess up those many lives, you've got to pay a price." - --- MAP posted-by: Beth