PARDONS URGED IN DRUG CASES

Board Issues Opinion For Tulia Residents

The Texas Board of Pardons and Paroles recommended Tuesday that Gov. Rick
Perry grant pardons to 35 people convicted in the 1999 Tulia drug busts.

All 18 members of the board recommended pardon in each case, said board
chairman Gerald Garrett.

The governor asked the parole board May 13 to review the convictions
obtained through testimony by Tom Cole man, a now-discredited undercover
narcotics investigator.

Perry -- In a letter to Garrett, Perry wrote, "I urge you to begin an
expeditious investigation into each of these cases and recommend whether a
pardon, commutation of sentence or other clemency action is appropriate and
just."

The parole board spent the last two months gathering information before
issuing its recommendations about 4 p.m. Tuesday, Garrett said.

"Our mission is now complete," he said. "The Board of Pardons and Paroles
has completed its assigned task."

Coleman's undercover work culminated in July 1999 in the arrests of 46
people, 39 of whom were black.

The cases stemmed from an 18-month undercover operation in which Coleman
worked alone, used no audio or video backup and claimed to have written
notes on his legs.

In Perry's letter, the board was asked to review 38 convictions that
retired judge Ron Chapman recommended for new trials. In April, the judge,
who was conducting evidentiary hearings in Tulia, ruled Coleman lacked
credibility as a witness.

The Texas Court of Criminal Appeals will later decide whether to order new
trials. State prosecutors have said they will not pursue charges if the
trials are ordered.

Garrett said the board consulted with prosecutors and attorneys for the
defendants in drafting the list of 35 convictions to review.

Twelve defendants were released on bond in June after the Texas Legislature
passed a bill allowing bail to be granted.

Although the parole board was originally charged with reviewing 38
convictions, not all 38 people were eligible for pardon, Amarillo attorney
Jeff Blackburn said.

Etta Kelly was on deferred adjudication, which meant she had never been
convicted. With no conviction, she wasn't eligible for pardon, Blackburn said.

Meanwhile, Landis Barrow and Mandis Barrow aren't eligible for pardon
because they're serving time for crimes not related to Coleman's testimony,
Blackburn said.

"What (the board is) saying is that everyone who is legally entitled"
should get a pardon, he said.

Blackburn was ebullient Wednesday morning when he was told the news of the
parole board's recommendation.

"This is truly a glorious day for every one of these folks, their lawyers
and the thousands of strong supporters we have throughout the country," he
said.

Blackburn, who represented most of the Tulia defendants, said the
recommendation was a culmination of four years of hard legal work.

Citing his work on the Tulia cases, the State Bar of Texas named Blackburn
Criminal Defense Lawyer of the Year in June.

"This shows that, no matter how many flaws or problems our system has, it
is still capable of correcting injustice," Blackburn said.

"We can only pray the governor will act on this recommendation and pardon
every single one of these folks," he said.

The governor's General Coun sel staff will review the parole board's
recommendations, said Gene Acuna, spokes man for the governor.

"We are expediting the process," he said.

Acuna estimated it will be about a month before the governor takes any action.