12 Freed in Appeal of Texas Drug Busts

A dozen blacks jailed in a series of small-town drug busts four years ago that have been criticized as dubious and racially motivated were ordered freed on bond Monday.

Retired state District Judge Ron Chapman, of Dallas, ordered the release of the 12 while their appeals are being heard. Civil rights advocates have decried the arrests and a judge recommended that the convictions be overturned.

The 12 were imprisoned on the testimony of a discredited undercover officer. A bill passed by Texas legislators last month and signed by Gov. Rick Perry two weeks ago cleared the way for their release.

“There are a great number of people who have a great deal of time, effort and faith in each of you invested,” Chapman said. “Your friends and loved ones are counting on you.”

A 13th defendant, Daniel Olivarez, 22, will remain in custody because there is a hold on him from Potter County, which is outside Chapman’s jurisdiction. A 14th defendant included in the bill was ineligible for bail because his case is pending on direct appeal.

Forty-six people, 39 of whom are black, were arrested and accused of possessing cocaine following an 18-month undercover operation by Tom Coleman.

Coleman, who is white, claimed he bought drugs from the defendants during an 18-month investigation in which he worked alone and used no audio or video surveillance.

No drugs or money were found during the arrests.

The bust drew national attention and led to investigations by the U.S. Department of Justice and the Texas Attorney General’s office.

The 12 were released from Swisher County Jail on personal recognizance bonds – not having to post any money – pending a ruling by the Texas Court of Criminal Appeals. The appeals court had ordered evidentiary hearings for four of the defendants.

In late April, Coleman was indicted on three charges of aggravated perjury stemming from his testimony during the hearings, which Chapman oversaw.

Chapman said Coleman was not a credible witness under oath and recommended the appeals court overturn the convictions of the 38 people prosecuted.

He found fault with the district attorney and Coleman’s supervisors in the Swisher County Sheriff’s Department and the Panhandle Regional Narcotics Trafficking Task Force.

His report called Coleman, who is no longer in law enforcement, “the most devious, nonresponsive witness this court has witnessed in 25 years on the bench in Texas.”

Coleman’s “blatant perjury” during the Tulia prosecutions “so undermines the court’s confidence in the validity of the convictions entered in those cases that it would be a travesty of justice to permit the applicants’ convictions to stand,” a filing to the appeals court signed by Chapman states.

A special prosecutor has said he will dismiss the cases if the appeals court orders new trials.

The Texas Board of Pardons and Paroles is another avenue that could clear the records of the 38. In May, Perry asked the board to review their cases.

Mattie White’s 27-year-old son and 26-year-old daughter were among the 12. She said before the hearing that she had all but given up hope that she would ever again be reunited with them.

“I thought, `It’s not going to ever happen.’ I would go off and cry to myself,” White said.