Pubdate: Fri, 12 Mar 2004 Source: Amarillo Globe-News (TX) Copyright: 2004 Amarillo Globe-News Contact: http://amarillonet.com/ Details: http://www.mapinc.org/media/13 Author: Joe Chapman Pictures: Who's who in the Tulia case http://www.mapinc.org/images/Tulia.jpg Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas) OFFICIALS: TASK FORCE SYSTEM 'FLAWED' Shoddy police work and a flawed system that didn't let the city control the task force it headed have brought about Amarillo's $5-million payment to former Tulia drug defendants, officials said Thursday. The Amarillo Police Department was the lead agency for the Panhandle Regional Narcotics Trafficking Task Force, for which discredited agent Tom Coleman operated in Swisher County. Coleman faces perjury charges for testimony he provided in the 1999 Tulia drug case that led to the arrest of 46 defendants - 39 of whom were black - and imprisonment of 35, all of whom were later pardoned. The defendants sued Amarillo for its involvement in the task force they say violated their civil rights. By settling, Amarillo resolved its financial obligations without a jury's determination of guilt. But leaders say mistakes were made in how the city participated in a task force that subjected the city to liability it couldn't control. APD Chief Jerry Neal said Lt. Mike Amos and Sgt. Jerry Massengill, supervisors of the task force, would retire before the end of the year. Neal spoke Thursday from a hotel room in Abilene, where he was attending a weeklong training seminar. Amos notified the chief months ago that he would retire this year, probably in October, Neal said. But Neal learned of Massengill's retirement on March 5 from the city's legal department, he said. Neal said Amos had done a good job with the task force and was a good lieutenant. City Manager John Ward, however, said he was dissatisfied with Amos' administration. "I'm not pleased with the way (the task force) was administered, no," Ward said. "I think the whole structure was flawed, and I think the governance was flawed. So should he have stopped it? I don't know. I don't know what was in his head. I don't know how closely he was following this activity in Swisher County," Ward said. "I certainly wish he would've stopped it. Knowing what I know today, and knowing what he knows, he would've stopped it, I'm sure." Amos did not answer requests for comment. Tod Mayfield, attorney for Amos and Massengill, said his clients are fine officers and aren't retiring because of the settlement. "Without getting into specifics, these two police officers have stellar records throughout their careers," Mayfield said. "They just reached a point that they just feel it's time to retire." Ward said another flaw that inhibited administrative control was the ineffectiveness of the task force's board of governors. The board was made up of representatives of the member agencies and included sheriffs, district attorneys and APD Chief Neal. "That board of governors never governed, as far as I can tell," he said. "They never did anything but approve budgets administratively. They didn't adopt policies or set procedures. That's where the governance was flawed." Board member James Farren, Randall County attorney, said the board of governors was only an advisory board that received reports at the end of the month, after activity had been completed. It couldn't have given mandates to sheriffs or other law enforcement officials, he said. The task force was only a loose coalition of law enforcement, formed to share resources to help communities combat a common problem, he said. The lack of centralized control let Amarillo be implicated by an agent acting not according to city law enforcement standards, Ward said. "(Coleman) did a deep undercover operation, which we do not do," Ward said. "He did not wear a wire. He did not have any video. He did not have any recordings. He did not have any corroborating testimony from another police officer. We require all those things. But Swisher County did not." Ward said he didn't know whether the task force, which was started in the 1970s before his tenure, was a bad idea. "But knowing what we know today, we'd only participate in it if all the employees were ours and under our supervision," he said. Chief Neal had proposed that the task force be made up of APD officers when it expanded in 1988, but other counties and agencies insisted on keeping their autonomy. "As it was told to me," Norris said, "the sister counties in the Panhandle said, 'No, no, no. We don't want Amarillo running the whole show. We want the right to assign our own officers, and we want the right to have a say in how the task force operates.' "Amarillo, in trying to be diplomatic and neighborly said, OK. And look where we are today," Norris said. Neal said because the dangers weren't obvious, he never advised the city commission that task force membership was risky or that the city should withdraw from it. "Things went real well over the years up until this incident in Tulia," Neal said. "So there really was nothing that raised any red flags or any problems with it. "I just hate that it happened," he said of the task force's disbandment. "The task force has done some good work over the years, and I just hate that it's happened like this." - --- MAP posted-by: Jay Bergstrom