HoustonChronicle.com - Perry wants review of convictions in Tulia sting: One day after a Senate committee advanced legislation to free the remaining Tulia drug-sting defendants from prison, Gov. Rick Perry on Tuesday ordered the Texas Board of Pardons and Paroles to review all 38 of the Tulia convictions. Breaking a long silence on the controversial 1999 arrests, Perry asked the board to "recommend whether a pardon, commutation of sentence or other clemency action is appropriate and just." Perry's office said the governor contacted the parole board after reviewing the findings of a judge who recommended that the Texas Court of Criminal Appeals overturn all 38 convictions and order new trials. In his report to the appellate court, retired state District Judge Ron Chapman, who presided over evidentiary hearings in March, found that the only witness against the defendants, undercover officer Tom Coleman, was guilty of "blatant perjury" during the Tulia prosecutions. "It would be a travesty of justice to permit ... the convictions to stand," Chapman wrote. Perry, who received a copy of Chapman's findings last week, voiced "grave concerns about the potential miscarriage of justice."
Yes, one would think that he would have "grave concerns".
Prosecutors have said the cases would be dismissed if the Court of Criminal Appeals orders new trials. But the appellate court's review could take as long as two years, some officials say. Sen. John Whitmire, D-Houston, has filed legislation, Senate Bill 1948, to permit a district judge in Swisher County to release on bond 13 Tulia residents who are still in prison while the appellate court deliberates their cases.
Ah. I was wondering why legislative action would be needed for cases that everyone already knows will be dismissed. For that matter, I wonder why it will take the Texas Court of Criminal Appeals a full two years to get through this; why couldn't they simply issue an opinion accepting the district court's recommendation, overturn the convictions en masse and be done with it?
Unfortunately, since the Texas House Democrats have fled to Oklahoma to prevent action on several bills, including a redistricting bill featuring some quite spectacular gerrymandering, it's likely that this bill will die in the Senate. Perhaps in that case, the governor may have the ability to do something with his executive powers; unfortunately, the powers of the Texas governor are notoriously circumscribed. Clemency without prior review may be the only solution left if the House doesn't return before the end of session.
Posted by iain at May 14, 2003 04:01 PMComments
