Across the nation, drug task
forces have been disbanded. Read one of the reasons below.. from CBS
Broadcasting
Justice Gone Bad In Tulia,
Texas
June 17, 2003
Dennis Allen, center, hugs and kisses his daughters
Rosie, 12, right, and Christina after being freed from jail Monday
in Tulia, Texas. (Photo: AP)
(Photo:
CBS)
(CBS) Attorney Andrew Cohen analyzes legal
issues for CBSNews.com. The next time you have an urge to declare someone guilty before trial,
someone like, say, Scott Peterson or Martha Stewart, think of Lizzie
White. The next time you hear a post-arrest press conference where
prosecutors and the police declare their case a slam dunk, think of Joe
Moore. The next time you think that monstrous injustice is a thing of the
past in our legal system, think of the Tulia Twelve.
The West
Texas defendants -- White and Moore among them -- who were falsely accused
and then improperly convicted for drug trafficking represent the flip side
of the legal lollapalooza we’ve seen lately in the Peterson and Stewart
cases. No slick lawyer came on television after these men and women were
arrested back in 1999 to spin their cases for the primetime talk shows. No
one covered the hearings or trials live on cable news or produced one-hour
specials full of slow-motion action shots. No witness hired her own
attorney to handle media requests and potential book deals.
Instead, as the Washington Post reported, “in eight
lightning-quick trials, juries with virtually no black members handed down
blisteringly tough sentences -- even though the sweeps turned up no drugs,
weapons, paraphernalia or other signs of drug dealing.” When the rest of
the defendants saw that -- Jim Crow justice 50 years after it was supposed
to have been outlawed -- they quickly pleaded guilty themselves in order
to give themselves at least a shot at a lighter sentence. And then they
languished in jail, knowing they were innocent of those charges, until
sufficient legal momentum and good old-fashioned outrage did something
about it.
These convictions and guilty pleas occurred before
anyone suspected that the lone detective who carried out the undercover
investigation was himself a bit of a fraud. Tom Coleman, now under
indictment himself, “did not record his purchases, and he worked alone.
His notes sometimes consisted of his jotting down broad information about
sales on his leg,” the New York Times reported. There is nothing
inherently illegal or improper about that. But defense attorneys,
prosecutors and the judge now agree that Coleman engaged in “blatant
perjury” while on the witness stand in the cases and was “the most
devious” witness the judge had witnessed in his “25 years on the bench in
Texas.”
Jayson Blair meets C.S.I. Miami, you might say. Yet
Coleman’s testimony, alone, was enough to put people in jail, some under
sentences as long as 90 years. That tells you all you need to know about
easy and simple it is to twist all the preconceived notions and
assumptions we have about fair and equal justice in America. And in this
Age of Laci and Larry King, when people are so quick to make such
important judgments about people they’ve never met based upon evidence
they’ve never seen, it’s hard to imagine a better time in the history of
the law for a story that reminds people that things are rarely what they
seem.
I can just see the angry phone calls and e-mails coming to
my poor editors so, please, let’s get it straight. I’m not guaranteeing
that the Tulia defendants all were or are angels. And I’m not saying that
the police have lied in the Peterson case or that federal law enforcement
officials have made out of origami their case against Stewart. I hope that
they haven’t -- and that would be the way to bet, too -- but the fact of
the matter is that you just never know about a case, a defendant, a
prosecutor, a cop, a witness, a judge, a lawyer, the evidence, whatever,
until it all comes out in the open. And even then, as we’ve seen with
these poor folks from Tulia, there are no guarantees. I wish they would
talk about that sometime when they gather the talking heads together for
their ritualistic speculation frenzy each night.
The story of the
Tulia two-step is neither prevalent nor unheard of. It happens from time
to time in our all-too-human justice system. And the truly awful thing
about it is that you never really know it’s happening until long after
it’s happened. If you don’t believe me, ask the Illinois death-row inmates
who were wrongly convicted how it feels to be truly worthy of primetime
attention -- only to find that the spotlight and its glare are elsewhere.