Saturday, August 23, 2003 - Los Angeles Times

35 ARE PARDONED IN TEXAS DRUG CASE

A final chapter closes on a misguided 1999 sweep. The informant whose word
led to lengthy sentences for many is charged with perjury.

HOUSTON - Marking the end of a criminal case that devastated a North Texas
town, Gov. Rick Perry on Friday pardoned 35 people ensnared in a 1999 drug
sweep, months after a state judge determined that the charges were founded
on little more than innuendo.

The 35 residents of Tulia, Texas, almost all of them African American, were
among 46 people who were arrested during the predawn raid, by far the
biggest ever seen in the town of 5,000.

The charges, which brought many defendants lengthy prison sentences, were
based on the allegations of a single informant, a man once celebrated in
Tulia and given a Texas Lawman of the Year award. The informant, who worked
alone and had virtually no evidence beyond his word " such as audio tapes
of his supposed drug buys " has since been charged with perjury.

Most of the accused were released on bail in June after a state district
judge determined that the informant, Tom Coleman, was "simply not a
credible witness" and had withheld evidence. The judge also asked the Texas
Court of Criminal Appeals to overturn the convictions; the appeals court
has not yet weighed the case.

Prosecutors, who could not be reached Friday evening, have said they have
no plans to file new charges against the defendants.

"It's good to be free " completely free," said Freddy Brookins Jr., 26, a
husband and father and the son of the local National Assn. for the
Advancement of Colored People chapter president. Brookins had been
sentenced to 20 years in prison after being convicted on cocaine charges.

Swisher County Sheriff Larry Stewart did not return a phone call seeking
comment. Coleman, who no longer works in law enforcement, could not be reached.

This summer, Perry asked the Texas Board of Pardons and Paroles to look
into the case. The board recommended the pardons unanimously, the governor
said. "Texans demand a justice system that is tough but fair," he said in a
statement. "I believe my decision to grant pardons in these cases is both
appropriate and just."

Of the 46 people arrested " which included about 10% of Tulia's African
American community " 38 were prosecuted.

The pardon does not affect three people, including twin brothers who remain
jailed on separate charges because the Tulia charges affected their parole
on older cases, said Alan Bean, a former pastor and the executive director
of Friends for Justice, a legal advocacy group formed to raise awareness
about the Tulia arrests.

A number of the defendants had been waiting for pardons so they could move
on with their lives.

Brookins, for example, said he is waiting to attend Amarillo College but
could not begin taking classes until the pardon arrived.

Others had hoped to move out of Tulia but were unable to leave because,
until the pardon, their movements were restricted, Bean said.

"A lot of lives were on hold until this announcement came down. I'm really
hoping this will free people up emotionally, allow them to move on, to get
an education, a full-time job " the kind of things that are difficult when
you are incarcerated for a long period of time," Bean said.

"When everybody was released in June, it was a great celebration, but you
couldn't really let go. There was still this unresolved issue hanging over
us, and a lot of defendants really felt kind of frozen or immobile. Now
that's been removed."