Pubdate: Wed, 14 May 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: David Sedeno, The Dallas Morning News

PERRY ASKS PARDONS BOARD TO REVIEW TULIA CASES

Citing 'Grave Concerns,' He May Grant Clemency To Drug Defendants

Gov. Rick Perry on Tuesday asked parole officials to begin investigating 
the cases of the 38 Tulia drug defendants to determine whether he can grant 
them clemency, but the lead defense attorney in the case said exoneration 
is what the defendants are seeking.

A review panel headed by a retired state district judge already has 
recommended to the Texas Court of Criminal Appeals that all 38 cases be 
overturned and new trials ordered because the key witness, former 
undercover agent Tom Coleman, was not credible. Prosecutors already have 
said that if the cases were overturned, they would not seek new trials for 
the defendants, who were either convicted of or pleaded guilty to various 
drug charges in Swisher County in 1999 and 2000.

There is no timetable for the appeals court to return a decision, nor is 
there a deadline for the Texas Board of Pardons and Paroles to reach an 
independent conclusion.

"There is a lot of emphasis on a timely decision, but we also have a 
responsibility to take all the facts into consideration and to move 
expeditiously and give every case a full and entire review," board Chairman 
Gerald Garrett said.

Mr. Perry made the request in a letter to Mr. Garrett after receiving a 
copy of the court filing last week from the review panel, comprising 
special prosecutors, defense attorneys and retired state District Judge Ron 
Chapman.

"After reviewing this information, I have grave concerns about the 
potential miscarriage of justice in cases based on testimony from a sole 
witness whose truthfulness is in doubt," the governor said in a statement.

Mr. Garrett said the parole staff would gather facts on each of the 38 
defendants, prioritizing the cases of 13 who remain in prison. Each case 
will be treated independently and will be presented to the 18-member board 
for a recommendation, which could range from a full pardon to a 
commutation, he said.

Jeff Blackburn of Amarillo, one of the lead defense attorneys in the case, 
said that the governor's review call was welcome, but he added that the 
overturning of the sentences by the appeals court remained his goal.

"Every single person convicted on the word of Tom Coleman deserves complete 
exoneration and a total clearing of their name," he said. "Any proposal 
short of that would be an injustice."
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