Posted on 04/25/2003 6:33:28 AM PDT by 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.
"But while the NAACP and the American Civil Liberties Union claim the arrests were racially motivated, some of Tulia's black residents are praising police for wiping out a big drug problem in the Panhandle town of about 5,000 that lies in Swisher County between Lubbock and Amarillo."
"At a rally held Monday night, a black minister disagreed with the NAACP and ACLU. "When you live in a town this size, it is a known fact that everyone knows what everybody else is doing. And to overlook something because it's a certain group is just not right," said the Rev. Matthew Veals."
"Ike Malone, a black resident whose two daughters were arrested, supports the police as well."
--cnn.com (10/10/00)
If those arrested were white, would this be a story 4 years later? Ya think the ACLU and the NAACP are keeping it going?
Maybe you can get them to talk about how some third rate European country is changing their drugs laws, or maybe some of the crap going on in Canada. Those always cheer them up.
Wow! That describes the first few months of our involvement in WWII.
Wow! That describes the first few months of our involvement in WWII.
Yeah, we're just about to turn the corner on this one. The War On Poverty, too.
"At a rally held Monday night, a black minister disagreed with the NAACP and ACLU. "When you live in a town this size, it is a known fact that everyone knows what everybody else is doing. And to overlook something because it's a certain group is just not right," said the Rev. Matthew Veals."
"Ike Malone, a black resident whose two daughters were arrested, supports the police as well."
Yes, the opinions of some residents certainly outweigh piddling details like "During the pre-dawn roundup of the suspects, no cash or drugs were found".
Fantasizing about the disappearance of drug users?
sigh.
And don't forget that whole Freon thing. Damn war on drugs was responsible for that too! You know why? Profit dude, pure profit for da man!
Obviously not necessary to convict by the jury of their peers. Multiple trials, different jurors, unanimous verdicts, appeals process ... I guess they're all corrupt.
Why are they just picking on Coleman? Sounds like you think they should lock up everyone involved (whites only, goes w/o saying).
You should draw the same conclusion that you did in the "oh, Birmingham" case -- if you're guilty as charged, smear the accuser and cry racism.
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