Ex-agent indicted in Tulia drug cases

The Houston Cronicle ^ | April 25, 2003 | Jim Henderson

[Pern]

The undercover officer who ran a controversial drug investigation in Tulia four years ago was indicted Thursday on charges of lying under oath during recent hearings to determine if the convictions he obtained were legitimate.

A three-count indictment handed up by a Swisher County grand jury accuses Tom Coleman, 43, of making false statements about legal problems he faced in another county while working for the Panhandle Drug Task Force.

"These were the three strongest cases," said Rod Hobson, a Lubbock attorney who is working as a special prosecutor on the Tulia investigation.

Coleman could not be reached for comment.

In the summer of 1999, Coleman's 18-month sting operation ended with the arrest of 46 residents of Tulia, a small town of 5,000 about 50 miles north of Lubbock. Some charges were later dismissed, but 38 people were convicted and 13 remain in prison.

Because 39 of those arrested were black, charges that the sting was racially motivated arose, but that was only part of the controversy.

All of the convictions were obtained solely on the testimony of Coleman, who worked alone, kept few notes, and had no audio or video surveillance evidence to support drug buys. During the pre-dawn roundup of the suspects, no cash or drugs were found, raising questions about the task force's characterization of them as "major dealers."

And, after most of the convictions and plea bargains were obtained, details of Coleman's checkered law enforcement history surfaced. In fact, while the Tulia sting was in progress, he was charged with theft of gasoline in Cochran County, where he had previously worked as a deputy sheriff.

Appellate attorneys argued that Coleman's problems were not disclosed at the time of the trials and therefore could not be used to cast doubt on his testimony. If Coleman gave false testimony during those trials, he could not be prosecuted now because of the statute of limitations.

Last month, in evidentiary hearings ordered by the Texas Court of Criminal Appeals to determine whether the convictions should be reconsidered, Coleman was questioned about when he knew he was facing a criminal charge and his actions afterward.

The indictment alleges that he gave conflicting testimony. At one point, he testified that he did not learn of the Cochran County theft charge until August 1998, but other testimony indicated he knew about it three months earlier but continued working as an undercover agent.

The indictment also alleges that he lied about stealing the gasoline in Cochran County and about contacting the Texas Commission on Law Enforcement Officer Standards and Education to notify it of the charge against him.

Those hearings were scheduled to resume April 1, with more testimony from Coleman, but were halted when prosecutors agreed with defense lawyers that his testimony was unreliable.

Retired Judge Ron Chapman then ruled that Coleman "is simply not a credible witness under oath" and said he would recommend that the Court of Criminal Appeals set aside all 38 convictions and order new trials.

Hobson has said the state would dismiss the cases rather than retry them because there is no evidence against the individuals except Coleman's testimony.

If convicted, Coleman, who is no longer in law enforcement, faces up to 10 years in prison and a $10,000 fine on each of the three charges.

[Lloyd227]

"After theses arrests, did the drug problem in Tulia go away?"

Hey Robert, did the trains run on time in Mussolini's Italy?

Morons like you are why we have a Bill of Rights.

[robertpaulsen]

Pern said the arrests were false. That means they arrested the wrong people. Ergo, the drug problem would remain.

Did it?

Make you feel like a big man to take people out of context and attack them personally? Go back to sleep.

[jimt]

This SOB deserves life without parole, minimum.

[jmc813]

Morons like youThe moderators have requested that personal attacks be taken to the Smokey Backroom.

[bassmaner]

Nice post. Should be required reading for all drug warriors.

[headsonpikes]

"Your point?"

As I scan the balance of your posts on this thread, I can not see why the concept of a particular point should be lost on you, since you, yourself, repeat a single point over and over again-- namely that pot is still illegal, and that therefore the WOD is not lost, but 'winning'.

This kind of 'winning' looks a lot like 'losing' to the poor suckers being fleeced to finance the ever-swelling payroll of the JBTs.

Hey, there's $$$$ in this racket; lots of $$$$$!

But you, CWOJ, wouldn't know nothin' 'bout that, would you?

[Lloyd227]

you're right jmc. I'm sorry.

I reacted when I should have fixed a tall glass of iced tea and considered things a bit.

It won't happen again, at least not this week.

[jmc813]

Happens to everyone sometimes.

[dcwusmc]

REAL cops don't work narcotics or vice. Those two places are for losers and thugs and cop-wannabees. Which of the above three are you? Or is it all of them in your case? Real cops solve real crimes that have real criminals, not made up roscoe involving fiat "crime." Real cops have my respect. Your sort have my utter disdain. Real cops work homicide and burglary and walk patrols on the streets to discourage muggers and robbers and rapists. Crimes that have real victims, not made up ones.

[CWOJackson]

"This kind of 'winning' looks a lot like 'losing' to the poor suckers being fleeced to finance the ever-swelling payroll of the JBTs."

Sure, whatever you want to think...I'm sure the dealers in jail think they're winning.

[CWOJackson]

"REAL cops don't work narcotics or vice..."

Whatever, I'm sure the judge will enjoy the laugh before he sentences.

"Your honor, those aren't even real cops that busted me. Those are just losers, thug, cop-wannabees."

[tacticalogic]

If it had been lost dope would be legal.

Then the drug war isn't about drugs. It's about getting and keeping power.

[dcwusmc]

The COP is who's gonna get sentenced... I would LOVE to see ALL you WODDIES in prison, in place of the people you've "busted" for doing drugs. I'd bet you'd be a HOOT as Bubba's b!tch!

[philman_36]

After theses arrests, did the drug problem in Tulia go away?
An even better question to ask...
Was there "a drug problem" in Tulia to begin with?

[philman_36]

From what I read about this fiasco, there wasn't a drug problem in Tulia to begin with.
I stopped reading the thread too soon. See above.

[philman_36]

The same thing posted every day and absolutely nothing changes...each and every morning the war on drugs is still going on and dope is still illegal.
The same thing posted every day and absolutely nothing changes...each and every morning Democracy is still going on and the Republic is still unrecognized.
But hey, we can sit here all morning and throw all kinds of stuff back and forth...and nothing will change.
You're so right.

[philman_36]

Wolfie...Gee, I hope this guy doesn't end up with a "friendly" cellmate.
CWOJackson...I hope he does.
If you have no problem with the raping of men then you must not have a problem with the raping of women either.
Rape is rape.
You're one warped human being, and I use that term loosely!

[CWOJackson]

Cry me a river.

[CWOJackson]

"The COP is who's gonna get sentenced... I would LOVE to see ALL you WODDIES in prison, in place of the people you've "busted" for doing drugs. I'd bet you'd be a HOOT as Bubba's b!tch!"

Hate to disappoint you but I'm perfectly fine with dirty cops being locked up with the other scum. For me a dirty cop is worse than a dope dealer. Imagine that.

[robertpaulsen]

You didn't see my post #23 referencing a CNN story, or you don't believe it? Which is it?

But, in either case, I guess you're agreeing that there is not a big drug problem in Tulia today.

Those of us who believe there was a big drug problem are therefore vindicated. It's obvious to us that the correct people were arrested.