Pubdate: Sun, 20 Jun 2004 Source: Houston Chronicle (TX) Copyright: 2004 Houston Chronicle Publishing Company Division, Hearst Newspaper Contact: http://www.chron.com/ Details: http://www.mapinc.org/media/198 Author: Zanto Peabody Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas) SECOND CHANCES PROVE ELUSIVE FOR TULIA DEFENDANTS TULIA -- Showroom-new SUVs line the nubby roads that intersect Sixth Street. The vehicles -- a loaded Ford Explorer, a Ford Expedition, a convertible PT Cruiser, among others -- are the only outward signs of the renewal of lives lost. A year ago, the cars were not there. Some of the drivers weren't there, either. They were in prison for drug crimes they may not have committed; their convictions were based on testimony from an undercover officer now charged with perjury. Last June, Gov. Rick Perry signed a bill freeing those who were still in prison, but their legal battles continue as they try to get the bogus convictions expunged. More important, most of the 46 people ensnared in the corrupt 1999 drug sting have been trying to put their lives back together. Of those arrested, 38 people, most of them black, were convicted. For some, there is not much to restore. They live on the most economically depressed side of a town in a two-decade slump. And though they may not have committed the crimes they went to jail for, several have admitted using drugs and some have had scrapes with the law that previously landed them at least on probation. Soon they will be rich -- at least by Tulia standards. Swisher County paid them $12,000 each as part of a settlement for their wrongful convictions. They also await a decision from the judge in charge of dividing $4 million among them. For some, buying cars was one of the first steps in defining their new lives. Dealers, anticipating the settlement, made it easier by deferring payments until the money came in. Finding a modicum of normalcy may be more elusive. "Everyone is poor, and there aren't good jobs in Tulia," said Vanita Gupta, an NAACP Legal Defense Fund attorney who argued the cases on appeal. "The town still has a lot of resentment about the tarnishing of their town's name, so they are not interested in hiring the former defendants. "And until they have the convictions wiped from the record, they also do not have access to public housing or student loans to go to school. Tulia has become the name for everything wrong with the war on drugs." When Panhandle Regional Narcotics Trafficking Task Force officer Tom Coleman swept through the Sunset Addition on the edge of town, looking for a mark who would sell him drugs, he went to the right place. The area was originally called the Flats, starting out as a cluster of small homes just outside the city limits where black field workers lived when wheat and cotton production fattened Tulia. Over the years, the Flats had become a laissez-faire, hard-working, harder-playing community. The cozy blocks were the Bourbon Street of Tulia, where late-night dives offered all types of indulgences, even though the county was dry. "People knew you could come out and have as much fun as you wanted," said Joe Moore, one of those convicted. Moore owned a juke joint called The Hotel. The Flats enjoyed a degree of sovereignty and had its own style of justice. Though most followed conventional laws, everyone knew that the Flats not only tolerated vices, it fed them. By 1998, the clubs were gone and the area had been annexed by Tulia. In walked Coleman, an undercover narc hired by the Amarillo-based drug task force to rid Tulia of drugs. Coleman claimed he set up drug buys. When the cases went to trial, Coleman said he witnessed the buys, but he had no audio or video corroboration and no witnesses to back up his stories. Nonetheless, local juries handed out more than 800 years in prison sentences to the 38. The Tulia story made national headlines and prompted cries of racial injustice. Appeals were launched, and the NAACP Legal Defense Fund filed suit. Last June, Perry signed a bill releasing those still in prison. Some already were out on parole. Coleman, whose investigation has since been discredited, awaits a perjury trial this summer. His attorneys have filed a motion to have the trial moved out of Swisher County. Most of those released have gone back to their family homes in the Sunset Addition. Most remain out of work, except those who moved to the big cities -- Amarillo, Lubbock, Oklahoma City -- where they work unskilled labor jobs in restaurants and hotels. Two brothers remain jailed on a related probation violation. One died before Perry's pardon. At least one has been arrested again. Two remained in prison because of other charges. Drugs still find their way into Sunset Addition. The few blocks that escaped leveling when Interstate 27 was being built look different, a little more middle class, than the old Flats. The SUVs dress up brick duplexes and shotgun houses. Trailers and open fields sit where homes and Moore's speakeasy used to be. In the heyday of the Flats, Moore offered liquor and gambling at The Hotel. He also pulled cotton and still subcontracts labor for big farms. With only a sixth-grade education, he became the unofficial mayor of the Sunset Addition. He shut down his watering hole in 1990 after an altercation with a cowboy that ended with Moore accidentally shooting himself in the arm with a long-barrel .22. For his part in the fracas, Moore was sentenced to probation and ordered to stay away from gambling and bootlegging. By the time Coleman came around, Moore made ends meet by working as a loan shark and working the fields from time to time. Moore pleaded not guilty to delivering cocaine to Coleman. Last week, he said he had never sold drugs, only alcohol. Because he already was on probation with a history of bootlegging charges, Moore was sentenced to 90 years in prison based on Coleman's testimony. By the time he was released, The Hotel had been razed. "Most of my old gambling friends are gone now," Moore said. "You can't do that around here anymore anyway. And my health is going down, so I stay at home mostly." In retrospect, some white Tulia residents who now decry the corrupt arrests said the Flats' heritage made Coleman's assertions easy to believe. "We knew we had a drug problem in Tulia, and we knew a lot of those people were not working," said Kenneth Wyatt, an internationally acclaimed cowboy poet and artist who lives in Tulia. "It was easy to believe (Coleman). With what we know now, it's easy to believe he lied. I think's it's time for both sides to take advantage of a second chance." Second chances can be hard to come by in the small town where tradition carries much weight. The 5,000 residents of Tulia have closely intertwined histories. A handful of surnames cover all of the Tulia 46. Moore once picked cotton for a farmer named McEachern, the father of Swisher County District Attorney Terry McEachern. That's where Tulia resident Alan Bean finds the hopelessness in the town's attempt to rebound from disgrace. "The criminal justice system in Tulia, with the help of the war on drugs, has become a great big welfare system for out-of-work farmers," Bean said. "Swisher County was founded on cotton and cattle, but it survives on crime. Crime is about the only thing that does pay here." Bean's outspoken opinion cost him a job as a prison minister. He drew attention to those arrested when he wrote a letter to the local paper decrying the arrests. He and his wife have given gas money to some of the free men. They got death threats when they co-founded the Friends of Justice, an advocacy group for those arrested. Lost in the aftermath since the release, Bean said, is a sophisticated view of Tulia's black community and a critical view of law enforcement as a whole. The "one bad cop" story line plays well in prime time, he said, but the real story is the prosecutors', judge's and white community's early acceptance that poor blacks must be criminals if a white cop said so. The old Flats stereotype prevails, and some of the newly free perpetuate it by buying flashy vehicles before they buy homes or even receive the money to pay for them, he said. Still, Bean sympathizes with them. "What they have done," he said, "is taken a dysfunctional community and added another layer of dysfunction, crushing an already hopeless group of people." When a visiting judge divides the $4 million -- lawyers already have taken their $2 million cut -- among the wrongly imprisoned, he will not solve all the struggles in the Sunset Addition or in Tulia. Already, infighting has begun among the beneficiaries, who have started asking questions of fairness. Do they get paid according to how long they spent in jail, their criminal records or family status? Thelma Johnson, whose two nephews were tangled in the 1999 bust, said financial settlements will do little to heal the victims. "I can't say $6 million is too much," she said. "I can't say it's too little. I do know that money doesn't solve anything, especially after you've taken four years of someone's life." - --- MAP posted-by: Derek