35 CONVICTED IN TULIA BUSTS ARE PARDONED

Gov. Rick Perry on Friday pardoned 35 people, most of them black, who were
convicted in a 1999 drug sting in Tulia, Texas. It was the latest in a
series of legal moves aimed at correcting what many called a judicial
system gone awry in the small Panhandle town.

Mr. Perry acted on the recommendation of the Board of Pardons and Paroles,
which reviewed the cases after the arresting undercover agent, Tom Coleman,
was discredited during a review ordered by the Texas Court of Criminal
Appeals. "Texans demand a justice system that is tough but fair," the
governor said in a statement. "I believe my decision to grant pardons in
these cases is both appropriate and just."

Attorneys said the governor's action clears the way for their clients'
records to be expunged, allowing them to get back to seeking jobs and
continuing their education.

"This feels great. It's the day we've been waiting for because now I don't
have all of this on my shoulders," said Freddie Brookins Jr., 26, who was
released in June pending an appeal and has remained in Tulia. "I've been
trying to find a job since I got out, but it's been hard to find one around
here, probably because of this thing."

Federal lawsuits Meanwhile, attorneys also filed the first of what may
eventually be several federal lawsuits alleging violation of the civil
rights of those arrested in the drug sting. The lawsuit filed in U.S.
District Court in Amarillo on Friday was initiated on behalf of two women ­
Tonya White and Zuri Bossett ­ who were arrested and indicted in 1999 with
dozens of others. Their cases were dismissed last year after authorities
determined they were not in Tulia at the time that Mr. Coleman alleged he
bought drugs from them. "This isn't over for our clients until everyone is
held accountable in this mess," said Vanita Gupta, deputy counsel for the
NAACP Legal Defense Fund, which represented several defendants. "The sting
was not about Tom Coleman's actions but about a systematic effort that
resulted in these convictions." Named in the lawsuit were Mr. Coleman, who
lives in Waxahachie, Swisher County Sheriff Larry Stewart and District
Attorney Terry McEachern. Mr. Coleman's attorney could not be reached for
comment, and Sheriff Stewart declined to comment.

Mr. McEachern said he had not seen the lawsuit as of Friday afternoon but
added that he's not worried about it.

"It goes with the territory," he said. "I don't think probably 90 percent,
or even higher than that, of the people actually know what went on in
Tulia." He said he was comfortable with events in the Tulia case, but "you
can always look back and play Monday morning quarterback." A grievance
committee from the Texas State Bar is investigating Mr. McEachern for his
role in the drug sting prosecutions, according to the Lubbock
Avalanche-Journal.

'Inaccurate' portrayal He said publicity about the cases has portrayed
events unfairly because of lack of information distributed by investigative
authorities. He said he has no plans to step down from his post.

"The media has been given information that is not totally inaccurate but
somewhat inaccurate," he said, "and it has been shed in the worst light."
The lawsuit seeks unspecified damages and, said one attorney, is also aimed
at stopping narcotics task forces that receive federal money but have
little independent oversight.

"This lawsuit is the only tool available to us to get those wrongdoers and
to make them pay for what was done not only to these two women but
ultimately to all who were victimized in Tulia," said Jeff Blackburn, an
Amarillo lawyer representing several Tulia defendants. "It's our hope that
we will expose the problem with the task force model of law enforcement
throughout this state."

Earlier this year, Swisher County officials reached a $250,000 settlement
with the 38 people who were convicted in the drug sting in an effort to
stop future civil lawsuits. Ms. White and Ms. Bossett were not part of that
settlement because their cases had been dismissed.

Undercover officer Mr. Coleman, the son of a Texas Rangers captain, was
hired in 1998 to work undercover as part of the Panhandle Regional
Narcotics Task Force with his main objective being to investigate drug
dealing in Tulia. Mr. Coleman worked alone but never used electronic
recording or videotaping devices to corroborate his drug buys. His
investigation led to the arrests in 1999 of 46 people. Eight cases were
dropped, but 38 others lead to guilty convictions or guilty pleas for drug
offenses. Some people were sentenced to hefty prison terms.

Earlier this year, the Texas Court of Criminal Appeals granted attorneys a
review hearing for eight cases. After Mr. Coleman's inconsistent testimony,
visiting state District Judge Ron Chapman of Dallas recommended the high
court throw out all the Tulia cases in which Mr. Coleman was the key
witness. Mr. Coleman faces two counts of perjury.

The governor, meanwhile, asked the parole board to review the Tulia cases.
In June he signed into law a bill that allowed for the release of 12 of the
Tulia defendants still imprisoned pending their appeals. Judge Chapman
ordered their release on personal recognizance bonds on June 16. One
defendant was later jailed on a disorderly conduct charge in Amarillo, but
his attorneys believe he eventually will be released. "We commend the
governor for doing the right thing," Ms. Gupta said. "The exonerations were
the only possible solutions, and we and our clients are ecstatic about this."

Mr. Brookins said he hopes he'll soon have a clean record so he can enroll
at a nearby community college next year.

Two months ago, after his release, Mr. Brookins stood in the parking lot of
the Swisher County Courthouse talking about his newfound freedom yet
declining to comment on how he might seek justice for his imprisonment. On
Friday, he was more vocal, echoing comments from his attorneys. "I believe
that anyone who had something to do with the drug sting should be held
accountable," he said. "I believe they should be the ones doing time."