Pubdate: Fri, 25 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 Bookmark: http://www.mapinc.org/find?118 (Perjury) The Sheetrock Scandal Deepens - OFFICER INDICTED IN FAKE-DRUG CASE Federal Grand Jury Action Is 1st Criminal Charge In Investigation A federal grand jury has indicted a Dallas police narcotics officer on six counts of providing false information in drug cases in which paid informants planted bogus evidence on innocent people. The indictment unsealed Friday against Senior Cpl. Mark Delapaz comes after a 15-month FBI investigation and marks the first criminal charges against police in the fake-drug scandal. The ongoing investigation has centered on whether police conspired with the informants, who have pleaded guilty to felony civil-rights violations. Cpl. Delapaz, through his wife who also is a Dallas police officer, declined to comment. Neither he nor his attorney, Bob Baskett, returned repeated phone calls Friday. Cpl. Delapaz has asserted in court filings that he had no knowledge of the fraud and exercised reasonable judgment in trusting informants who had previously proven credible. An attorney for Officer Eddie Herrera, Cpl. Delapaz's partner in many of the tainted cases, could not be reached for comment. It was unclear whether federal authorities planned to ask the grand jury to indict him. The three informants pleaded guilty to creating an assembly line to package large volumes of billiards chalk that ultimately ended up tagged as cocaine or methamphetamine in the department's evidence storage rooms. The FBI has been seeking to learn from the convicted informants whether their police handlers profited from the operation or suspected it existed. More than 80 drug cases have been dismissed in connection with the fake-drug scandal. Of those, about 24 involved phony drugs or a sprinkling of real drugs. The rest, authorities have said, were considered tainted by the involvement of the two police officers or their discredited informants and were dismissed in the "interest of justice." Paid Leave Cpl. Delapaz, who has been on paid leave since January 2002, faces up to 10 years in prison if convicted. He appeared in federal court Friday and is free on a personal recognizance bond. He is accused in five misdemeanor counts of depriving four people of their civil rights by filing false statements in arrest warrant affidavits and to state prosecutors between April and November 2001. A sixth felony count charges that he made false statements to the FBI. Cpl. Delapaz is accused of telling FBI agents that he had observed four people "transfer packages purportedly containing narcotic substances to DPD informants, when in truth and fact no such transfers took place." The seven-page indictment filed Thursday and unsealed Friday offered scant new detail about the scandal, prompting much speculation about the findings in the investigation and others under scrutiny by the FBI. Jaime Siguenza was one of four people whose rights were violated, according to the indictment. He expressed a mixture of dismay and relief on Friday. He compared Cpl. Delapaz's 10-year possible sentence to the 50 years Mr. Siguenza faced in prison before the false drug evidence became known. Timeline 2000 Feb. 21 - Enrique Alonso becomes a paid police informant. 2001 August - Mr. Alonso's brother, Luis, purchases large quantities of ground gypsum from a billiards supply store. Aug. 7 - Senior Cpl. Mark Delapaz and Officer Eddie Herrera, with help from Mr. Alonso, arrest two men after discovering 76 kilograms of a white powder. A field test is positive for cocaine. Sept. 12 - Dallas County prosecutors receive a lab report that a record-setting cocaine bust in August did not actually contain cocaine. Police are told of the results. Late September - Dallas County prosecutors say they are seeing the bad drug cases multiply. Oct. 12 - - Mr. Alonso passes a lie-detector test in connection with the fake drugs. An unidentified police supervisor orders narcotics officers to resume using Mr. Alonso as an informant. Mid-October - Prosecutors begin dismissing and downgrading first-degree felony drug charges. Oct. 26 - A prosecutor informs a lieutenant in the police narcotics division about six lab tests that had found little or no drugs. November - Payments to Mr. Alonso are suspended. Nov. 20 - Prosecutors tell police of nine drug cases with positive field tests that showed no drugs in subsequent testing. Prosecutors and police meet with officials at the Southwestern Institute of Forensic Sciences to discuss field tests. Nov. 28 - Prosecutors send a fax to the Police Department asking for details in fake-drug cases. Nov. 30 - Police launch an internal affairs investigation. Dec. 3 - Internal affairs forwards the investigation to the department's public integrity unit. Dec. 31 - Chief Bolton holds a news conference to announce public integrity investigation and praise narcotics officers and an informant for taking off the streets fake drugs that could have poisoned people. 2002 Jan 7 - The district attorney's office reports suspending prosecution of pending cases involving fake drugs. Jan. 11 - Police department provides files that allow prosecutors to identify 59 affected drug cases. Jan 15 - Police department asks the federal Drug Enforcement Administration and the district attorney's office to join the department's fake-drugs investigation. Cpl. Delapaz and Officer Herrera were placed on paid administrative leave. Jan. 18 - District Attorney Bill Hill requests the FBI to investigate. Jan. 25 - Chief Bolton suspends department's public integrity investigation as the FBI expands its inquiry. Jan. 25 - A federal civil-rights lawsuit is filed, alleging that the police department failed to take corrective action, despite knowing as early as September 2001 that innocent people were jailed. February - Police department's narcotics division officers attends training on procedural changes. Feb. 1 - The district attorney's office dismisses seven more pending Dallas police narcotics cases, going back five years to a case linked to one of two suspended undercover officers. March 20 - Chief Bolton tells City Council members that new police procedures spurred by dozens of questionable narcotics cases will cost police department an additional $1 million a year. Week of April 29: U.S. District Judge Jorge Solis agrees to delay any action on the federal civil-rights lawsuit against the city and the two officers for 90 days or until the FBI completed its investigation. May 10 - Plaintiffs in the federal civil-rights lawsuit added Chief Bolton, Deputy Chief Bill Turnage and Deputy Chief John Martinez to the list of defendants. The complaint, filed on behalf of nine people whose drug cases were dismissed, cites lax supervision of the officers by the department. July 10 - Mr. Alonso was indicted on suspicion of violating the civil rights of 13 people arrested in drug cases. Jose Ruiz-Serrano and Reyes Roberto Rodriguez each accepted a deal under which they plead guilty to a single civil-rights charge in exchange for cooperating with the FBI investigation. Sept. 5 - Mr. Alonso accepted a deal to plead guilty to one civil-rights violation in exchange for cooperating with the FBI investigation. Nov. 5 - Mr. Hill won second term as district attorney. December - Federal grand jury began hearing from witnesses as part of federal investigation. 2003 April 24 - Federal grand jury issued sealed indictment. April 25 - Indictment unsealed. Cpl. Delapaz is indicted on five counts of deprivation of rights and one count of making false statements to federal officials. If convicted, he faces up to 10 years in prison. FBI said investigation is ongoing. "It's kind of hard to believe that someone who put so many people in jail may only serve about two or three [years] when it's all over," he said. "It's just not right. But I guess he's still going to get that feeling that some of us did. It's going to feel like what we all felt." Dallas Mayor Laura Miller, who is campaigning for re-election, expressed dismay at the lack of new information offered in the indictment and said she was intensifying an effort for the city to mount its own investigation of the police department. "The criminal indictments are only one piece of this; the FBI's focus is very narrow," she said. "Our focus is going to be much broader. How was this allowed to happen and why, when it was brought to light, wasn't it immediately stopped?" Sgt. Thomas Glover, president of the predominantly black Texas Peace Officers Association, said an indictment doesn't mean the officer is guilty. "You can't judge the entire department based on one alleged incident," he said. "We have to continue to trust our police officers, because, I think, by and large the majority of us are professionals." FBI Inquiry Former FBI Special Agent Danny Defenbaugh, who ordered the investigation before retiring, said the indictment should reflect "that law enforcement as a whole will not tolerate indiscriminate police corruption or a violation of anyone's civil liberties." FBI Special Agent Lori Bailey, a spokeswoman for the bureau's Dallas field division, said the investigation will continue but declined to provide details, citing standard government rules that prohibit discussion about pending investigations. The U.S. Department of Justice's Civil Rights Division has been overseeing the FBI inquiry in place of the Dallas-based U.S. attorney's office. The Washington, D.C., based prosecutors did not return calls for comment. William Nellis, a Dallas attorney representing one of the convicted informants, said he believes prosecutors probably view the indictment against Cpl. Delapaz is "a starting point" from which they can later add or subtract charges to force the officer to talk. "So, the other individuals involved in this thing aren't necessarily out of the woods yet simply because an indictment is being returned for a misdemeanor on one individual," Mr. Nellis said. "Nor is the individual charged with the misdemeanor out of the woods with respect to a more serious civil-rights violation case." Informants Plead Guilty The indictment follows felony civil rights violations against three former police informants who have been cooperating with investigators. All three pleaded guilty last year to earning thousands of dollars from police by planting ground billiards chalk on innocent people who were then arrested, charged and often jailed. The primary informant, Enrique Alonso, earned more than $200,000 - a police department record - for the volume of narcotics that police seized as a result of his undercover work. Police reports and court records have shown that as many as eight other narcotics officers participated in the tainted cases. And, one informant has told investigators that police forged department pay vouchers for at least $24,000 he never saw. Before the scandal came to light, Cpl. Delapaz was lauded as an accomplished narcotics investigator. He was singled out by his supervisor for several sizeable drug seizures in 2001 that ultimately led to the scandal. In an Aug. 13, 2001, nomination letter to Chief Terrell Bolton for a coveted Police Commendation Bar, narcotics unit Lt. Bill Turnage sung the officer's praises for his handling of confidential informants. "Detective Delapaz has an innate ability to develop a rapport with and gain the trust of cooperating individuals," Lt. Turnage wrote. "He has been extremely successful in transforming an initially hostile and uncooperative suspect into a highly productive cooperating individual." The letter goes on to list a number of drug busts that later turned out to be based on faked evidence. The first indication of a problem came in September 2001, when lab tests showed that a record cocaine bust the previous month contained no real drugs. More cases were soon discovered. Questions about the main confidential informant in those cases prompted police to issue a polygraph exam on Oct. 12, 2001. The informant, Mr. Alonso, passed, according to police, and supervisors ordered the undercover narcotics officers to continue using him. In a Dec. 31, 2001, news conference, Chief Bolton said he didn't think the problem was with the informant. He said he believed drug dealers were selling large amounts of fake drugs, and that it's "a blessing" that authorities discovered it. A statement by the police department said the internal affairs division would proceed with an administrative investigation into specific allegations against Cpl. Delapaz. Staff Writers Tanya Eiserer and Holly Becka contributed to this report. - --- MAP posted-by: Jackl