Pubdate: Fri,  2 May 2003
Source: Amarillo Globe-News (TX)
Copyright: 2003 Amarillo Globe-News
Contact:  http://amarillonet.com/
Details: http://www.mapinc.org/media/13

FREEDOM MAY BE NEAR FOR 13 IN TULIA DRUG STING

The 13 people still in prison on convictions from the controversial 1999 
Tulia drug sting should be freed, according to a general agreement worked 
out Thursday.

The agreement - known legally as findings of fact and conclusions of law - 
was hammered out by defense attorneys, special prosecutors and visiting 
judge Ron Chapman in a Dallas law office Thursday, according to a source 
close to the negotiations.

The two sides and the judge signed the 150-page findings of fact, which 
will be sent on to the Texas Court of Criminal Appeals for a final 
decision, the source said.

The negotiations were confirmed by representatives of the prosecution and 
the defense, although neither side would provide details.

Special Prosecutor John Nation confirmed in a call to his office that the 
agreement had been worked out, but provided no details.

"We didn't get everything we wanted, and the defense didn't get everything 
they wanted," Nation said. "But we were able to come up with consensus 
findings that are fair to everyone concerned. I think the public will be 
pleased with them."

Defense attorney Jeff Blackburn confirmed he was in Dallas with several 
other defense attorneys for the negotiations, but said that the entire 
package of agreements had not been finalized, and it was too early to 
release any details.

Both sides hashed out the large issues, but several smaller items, 
including exhibits used for evidence, have yet to be worked out, Blackburn 
said.

"The whole thing has to exist together as a package," Blackburn said. "Not 
everything is done. Until it's all done, those findings of fact are still 
subject to change. As far as we're concerned, it's not final until it's 
filed (with the appeals court)."

The agreement on the larger issues comes after nearly four years of legal 
wrangling in the Tulia bust, during which 46 people, 39 of them black, were 
arrested on the word of undercover agent Tom Coleman.

The arrests led to a raging controversy, which focused the national media 
spotlight on Tulia.

The public reaction was merely a sideshow to the fireworks in the 
courtroom, however.

The legal battle kicked into high gear in March when evidentiary hearings 
in four of the cases were held in Tulia.

Chapman shocked the crowd in the courtroom when he called a halt to the 
hearings during Coleman's rambling, contradictory testimony. Chapman 
announced that he had reached an agreement with the prosecution and the 
defense to recommend to the appeals court that all the cases be overturned 
because Coleman "simply is not credible under oath."

Coleman was indicted last week on three counts of aggravated perjury 
related to his testimony during the hearings.

Coleman's last known phone number is disconnected and his attorney could 
not be reached for comment.

The defense submitted its proposed findings to the special prosecutors last 
week. Those findings were then worked into a form agreeable to both sides 
during Thursday's negotiations.

The most striking aspect of the agreed findings is the decision to 
recommend the release of the defendants from prison while their cases are 
sorted out by the appeals court.

Blackburn said the defense has long supported releasing the prisoners on 
bond while the cases work their way through the courts.

The source close to the negotiations said the state joined in Thursday, 
agreeing to recommend to the Court of Criminal Appeals that all 13 people 
still in prison be released on their own recognizance.

The two sides also agreed that Coleman perjured himself on the stand and 
that the prosecution team failed to turn over evidence from Coleman's 
background that could have helped the defense.

Most of the responsibility for withholding evidence falls on Coleman, while 
Swisher County Sheriff Larry Stewart and District Attorney Terry McEachern 
bear a lesser amount of responsibility, the source said.

McEachern could not be reached after business hours and Stewart was out of 
town Thursday, and could not be contacted.

The agreement leaves a few matters to be worked out, then the entire 
findings of fact, along with related court records, will be forwarded to 
the Court of Criminal Appeals. The appeals court will have to decide 
whether to release the defendants on bond.

Bond could shorten the jail time spent by the defendants significantly, 
assuming the appeals court agrees with the findings and overturns the cases.

The appeals court likely won't rule for at least 90 days, and the issue 
could reach into the fall before a ruling is released, the source close to 
the negotiations said.

No one is able to predict how the appeals court will rule, Nation said, but 
the fact that the agreed findings will soon be before it indicates the 
justice system has worked in this instance.

"If the justice system doesn't work, these people would be in jail with no 
hope of ever getting their claims heard," Nation said.

"My opinion is for several weeks now, some very fine lawyers and one very 
fine judge have been making justice happen."
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