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News (Media Awareness Project) - US TX: 35 Pardoned In Tulia, Texas Drug Busts
Title:US TX: 35 Pardoned In Tulia, Texas Drug Busts
Published On:2003-08-23
Source:Rocky Mount Telegram, The (NC)
Fetched On:2008-01-19 16:18:28
35 PARDONED IN TULIA, TEXAS DRUG BUSTS

TULIA, Texas (AP)--Thirty-five people who were convicted in the 1999
Tulia drug busts have been pardoned by Gov. Rick Perry, who says he
was influenced by questions about the testimony of the lone undercover
agent who made the arrests and was later charged with perjury.

``I believe my decision to grant pardons in these cases is both
appropriate and just,'' Perry said in a statement Friday.

The case divided this small town and prompted accusations of
racism.

An attorney with the NAACP Legal Defense Fund, which marshaled law
firms in New York and Washington to represent the defendants for free,
said Perry did the right thing.

``This is just really incredible news. This is what we saw the facts
showed,'' said the lawyer, Vanita Gupta.

The governor said he was influenced by questions about the testimony
of Tom Coleman, the only undercover agent involved in the busts. In
June, Perry signed a bill allowing the release of the 12 Tulia
defendants who were still in prison.

``It feels good to finally be completely free,'' said Freddie Brookins
Jr., who had been sentenced to 20 years in prison based on Coleman's
word. He was released in June.

His father called Friday's pardons ``fantastic.''

``We've been waiting for this for four years,'' Freddie Brookins Sr.
said.

Coleman had worked alone and used no audio or video surveillance to
substantiate drug buys he said he made from 46 people from Tulia, a
town of about 5,100 residents 60 miles north of Lubbock.

Of the 46 people arrested in July 1999, 39 were black, which led civil
rights groups to question if the busts were racially motivated.

A judge this spring ruled that Coleman was ``simply not a credible
witness'' and recommended the Texas Court of Criminal Appeals overturn
the convictions of the 38 people prosecuted and order new trials.
Coleman was indicted for perjury in April and faces a preliminary
hearing next month.

The Texas Board of Pardons and Paroles, asked by Perry to review the
cases, unanimously recommended the pardons last month.

Of those convicted but not pardoned, one is on deferred probation and
two were not eligible to seek pardons because of convictions on other
charges.

Also Friday, two women who were indicted but never prosecuted after
the drug busts filed a federal lawsuit against law enforcement
officials saying they violated the women's civil rights and directed
racial bias against Tulia's black population.

Zuri Bossett and Tonya White said they were not in Tulia at the time
Coleman claimed he bought drugs from them. Their lawsuit against
Coleman, Swisher County, Sheriff Larry Stewart, prosecutor Terry
McEachern and officials with a narcotics task force that worked with
Coleman did not specify damages.

Coleman's attorney did not immediately return calls for comment.
Stewart declined to comment. McEachern said he hadn't seen the lawsuit
and couldn't comment. Officials at the task force were
unavailable.

Swisher County officials earlier approved a $250,000 settlement for
those imprisoned based on Coleman's testimony in exchange for the
defendants promising not to sue the county.
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