Pubdate: Wed, 23 Apr 2003
Source: Dallas Morning News (TX)
Copyright: 2003 The Dallas Morning News
Contact:  http://www.dallasnews.com/
Details: http://www.mapinc.org/media/117
Author: TODD BENSMAN, The Dallas Morning News

CHARGES EXPECTED IN DRUG SCANDAL

Indictment Of Dallas Officer Would Be First In Fake-Narcotics Case

The attorney for a suspended Dallas police officer said Tuesday that 
federal authorities told him they will ask a grand jury to indict his 
client on charges of falsifying records in a series of bogus drug cases. 
Senior Cpl. Mark Delapaz, a decorated undercover narcotics officer, has 
been on paid administrative leave since January 2002, when the FBI began 
investigating how paid confidential informants were able to set up dozens 
of innocent people on charges involving fake drugs.

A federal grand jury has been hearing witness testimony and reviewing 
records in the case since at least December. One person familiar with the 
investigation said he expected the grand jury to complete its work as early 
as Wednesday, but it could go longer.

An indictment on misdemeanor civil rights charges against Cpl. Delapaz 
would mark the first charges against an officer in connection with the 
Police Department's fake-drug scandal.

It's unclear what will happen with his partner, Officer Eddie Herrera, who 
was also put on paid leave. His attorney, Clint Broden, said that 
authorities had talked to his client but that he was unaware of any pending 
indictments.

Police reports and court records have shown that as many as eight other 
narcotics officers participated in arrests of the targeted defendants. 
Federal authorities could not be reached for comment. In the past, 
prosecutors have declined to comment on continuing investigations. The 
federal investigation has centered on whether police officers conspired 
with their confidential informants, who were paid more than $250,000 for 
the ir work on narcotics cases. The fees are based on the volume of drugs 
seized. Bob Baskett, the defense attorney for Cpl. Delapaz, said Tuesday 
that authorities told him about the misdemeanor charge during discussions 
about a possible plea deal for his client, which he rejected. "The last 
time I talked to ... [Department of Justice prosecutors], they said they 
were going to get an indictment," Mr. Baskett said. "They claim .. 
[officers] lied in police reports when they said they saw something that 
didn't happen."

He cited a section of the federal criminal code for civil rights 
violations. "It's a misdemeanor of up to a year in jail," he said. "I'm 
presuming that's what they're going to do. They've said that."

Mr. Baskett said it was unclear how many counts his client would face or 
whether more serious charges might also be sought.

Mr. Broden declined to respond when asked whether authorities had offered 
Officer Herrera a plea deal.

More than 80 narcotics cases have been dismissed since lab tests showed 
that some of the confiscated drugs turned out to be crushed gypsum, the 
primary ingredient in pool chalk. Three confidential informants have 
pleaded guilty to civil rights violations and are cooperating in the 
investigation. Many of those falsely arrested on drug charges were 
undocumented Mexican immigrants who spoke little English. Some spent months 
in jail before being released; others were deported.

They have said that the officers' version of events in police reports 
differed from what happened. Officers also submitted paperwork saying the 
field tests they conducted showed the evidence was real drugs. The officers 
"don't have anything to do with fake drugs or stealing money or being in 
cahoots with ... these snitches," Mr. Baskett said. "... [Prosecutors] said 
that from the first - they don't think the officers were involved in the 
fake drugs."

Mr. Baskett said that he didn't want to talk further about an indictment 
that hadn't been issued but that "as a general matter ... [the officers] 
are not guilty of anything."

In addition to the federal investigation, 15 people have sued the city and 
the Police Department over their arrests for drug trafficking. The civil 
rights lawsuits allege that the Police Department failed to take corrective 
action, despite knowing as early as September 2001 that innocent Mexican 
citizens were jailed on false drug charges.

The lawsuits have been on hold pending the FBI investigation, but they are 
expected to proceed with discovery and depositions next month. In their 
response last year to the civil rights lawsuit, Cpl. Delapaz and Officer 
Herrera said they exercised reasonable judgment in continuing to trust that 
their paid civilian informants were reporting events honestly and not 
planting drugs.
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