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.
Why are they just picking on Coleman? Sounds like you think they should lock up everyone involved
I'm against jailing jurors for stupid verdicts; I don't suspect corruption on their part. The prosecutors should perhaps be investigated, though.
(whites only, goes w/o saying).
Not in my book.
What an excellent argument. You won me over.
What reason is there to think that any particular defendant was guilty as charged?
The drug war has been waged for more than 35 years now. There is no less availability of drugs. Usage has stayed relatively constant, Jails are overflowing and will require an additional prison built per week to keep up. Spending has gone through the roof. Kids are still using. Cops are more and more being caught up in corruption. Can you tell me how WOD is winning? Can you give me one real victory by the warriors over the last 35 years? Comparing 35 years of WOD to the first year of WWII is like comparing a 35 year marriage to a honey moon. We have more than 2,000,000 people in jail. How many more will it take to win similar to the victory of WWII?
And your dope is still illegal.
You folks sound just like Baghdad Bob. "All our dope is legal, the JBT's commit suicide on the walls of our crack houses, they cry blood it is clear that the have lost."
G. Custer
And your dope is still illegal.
Nonresponsive. Imagine that.
Dude, take a stimulant, you're stuck. You keep forgetting, this is a dope of the morning thread...they're inherently nonresponsive. Nothing ever changes with or because of them.
Tommorow morning you or one of the other flying monkeys will post an equally innane article, then you'll follow it up with you're usual about how the war on drugs is lost...and your dope will still be illegal.
Dude, how much more unresponsive can you be? Don't you folks ever yearn for something a little different or meaningful in your lives then the same old tired posts every day?
You seem to not know what "nonresponsive" means; it has nothing to do with causing changes.
Exactly like your dope of the morning threads! Right on dude, you're starting to get it. These threads change nothing!
Bake until center is set, about 30 minutes; cool completely. Cut into bars.
36 brownies.
Have you any comments on the price of tea in china?
Not at all, dope is still illegal. That's what this thread is about isn't it?
"Have you any comments on the price of tea in china?"
No, tea is legally imported...much like my drug of choice, caffine.
Is it any different then the point of these threads any other day?
Says nothing about whether they did the crime or didn't do the crime.
I'm guessing that you know about 1% of the details of this case, yet that level of ignorance doesn't stop you from calling the cops crooked and corrupt and favoring an investigation of the prosecutors, does it? What is it that you know that everyone else doesn't?
Have you seen the trial transcripts? Are you aware of the past history of those convicted? Why are you asking me about their guilt? They had their day in court and were found guilty. As far as I'm concerned, that fact is not changed because some cop stole some gas (later repaid) totally unrelated to this case.
You think this should count? Fine. And let's free OJ because Fuhrman is thought to be a racist.
No. What gave you that foolish idea?
You really do make it far too easy...because it's another dope of the morning thread and foolish is the staple.
You: "The War On Some Drugs continues to stain law enforcement. It must be ended."
Me: "Dope is still illegal."
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