HoustonChronicle.com - Judge urges throwing out Tulia drug convictions (April 2, 2003, 9:56AM): The 13 Tulia residents still serving time after being arrested in a controversial drug bust four years ago may soon be free. A judge reviewing four of the cases for the Texas Court of Criminal Appeals said Tuesday he will recommend that all the convictions resulting from the bust be vacated because of the conduct of the lone undercover officer working for the Panhandle Drug Task Force. "It is stipulated by all parties and approved by the court that Tom Coleman is simply not a credible witness," said retired state District Judge Ron Chapman of Dallas.
Chapman said he will recommend that the appeals court grant new trials to all 38 defendants, most of whom are black -- a fact that led to charges the sting was racially motivated. However, Ron Hobson, a special prosecutor assigned to help Swisher County with the cases, said that because the state had stipulated that Coleman was not credible, it will not try the defendants again. "If the appeals court sends them back, we'll dismiss them," he said. "It would be foolish for us to go forward."
Jeff Blackburn, an Amarillo attorney who has worked for the past three years appealing the cases of two of the defendants, described Tuesday as "a big day."
"It's not over, but it's a strong beginning toward total victory," he said. "Now we need to use this to bring the real wrong-doers to the bar of justice." Several family members of those convicted were in the courtroom in Tulia on Tuesday, when the hearings were supposed to resume with more testimony from Coleman. Instead, the judge announced that the state had come around to the defendant's argument: Coleman could not be believed.
"I am so happy," said Mattie White, whose two sons, two daughters and one son-in-law were arrested in the sting. Three of them are still behind bars. "I keep saying they'll be home in two months. I don't know how long these things take, but I keep saying two months."
The appeals court could reject Chapman's recommendation, forcing the defendants to continue the fight in federal court, Blackburn said, but "we're feeling real optimistic."
I can't imagine why on earth the appeals court would reject the recommendation, given that it's going to be supported by both the prosecution and the defense, and the prosecution has already stated that it won't retry the case.
So after four years, several trials, several convictions -- and one wonders about those jurors, one really does -- and some people who have already served their sentences and been released ... it may all just go away. After all these people were charged and convicted, the state says, "Ooops! Sorry!"
Finally, good news for 13 from Tulia, By THOM MARSHALL (Houston Chronicle, April 1, 2003, 9:33PM): DEAR TULIA 13,
Good news. Although you don't need to pack your suitcases just yet, it looks like you finally may be set free.
I know I haven't written you since last summer, but I wanted to wait until there was something good to report. Also, I hope you don't mind my printing this letter here because it'll get delivered much quicker this way to all the different prisons across the state where you are being held.
Your lawyers probably already told all of you that the special judge who was brought in to review the evidence that landed you behind bars four years ago is going to recommend to the Texas Court of Criminal Appeals that you be released.
According to the story that broke on Tuesday, he will recommend that all 38 cases based upon the word of a lone, itinerant, undercover drug task force cop be vacated. That includes the 13 of you still in prison. If the appeals court goes along with the recommendation, yours and all those other jury convictions and plea bargain arrangements will be tossed out the window.....
Comments
HI THOM,
THANKS FOR EVERY THING THAT YOU HAVE WROTE ABOUT.
IM ONE OF THE FOUR OF MATTIE WHITE CHILDRED. IM TONYA THE OLDEST ONE OF THE FOUR. THANKS FOR EVERY THING BEING POSTIVE ALL THE WAY. IT NOT OVER YET. BUT THE MAN UPSTAIRS HAS THE FINAL SAY.
I KNOW IN MY HEART THAT MY SISTER AND BROTHER WILL BE LET GO SOON.
THANKS
TONYA WHITE
HI THOM,
THANKS FOR EVERY THING THAT YOU HAVE WROTE ABOUT.
IM ONE OF THE FOUR OF MATTIE WHITE CHILDRED. IM TONYA THE OLDEST ONE OF THE FOUR. THANKS FOR EVERY THING BEING POSTIVE ALL THE WAY. IT NOT OVER YET. BUT THE MAN UPSTAIRS HAS THE FINAL SAY.
I KNOW IN MY HEART THAT MY SISTER AND BROTHER WILL BE LET GO SOON.
THANKS
TONYA WHITE
hey thom
i'm a law student from melbourne, australia and i just saw a documentary on the tulia cases. cannot believe that these cases even got to trial. unsubstantiated evidence by 1 witness with a history of theft and less than meticulous police work should never have formed the basis for any of these trials.
not only should tom coleman go down for this, but the director of public prosecutions or whatever he/she's called in texas should also take some of the wrap.
what a waste of people's lives and tax-payer's money this whole fiasco has been.
i hope that the poor families touched by this monstrous injustice don't have to suffer a day longer - and i'll hope and pray for this every day until the innocent are released.
tills
Posted by mike at April 14, 2003 07:19 PM
