The Baytown Sun (Baytown, Tex.), Vol. 81, No. 206, Ed. 1 Wednesday, June 18, 2003 Page: 3 of 34
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Released Tulia drug defendants enjoy first day of freedom
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78th Texas Legislature.
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lawsuit filed in U.S. District Court In Waco said.
certify by Sunday that the state
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Perry spokeswoman Kathy
Walt later said the governor
Strayhorn, who has said she
doesn’t like several aspects of
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study commission to thoroughly
examine our application of the
death penalty and draft compre-
hensive reforms from investiga-
tive procedures through clemen-
cy petitions,” said Steve Hall,
director of the StandDown
Texas Project.
Among the other failed crimi-
naljustice legislation:
■ a bill that would raise the
• Confidence
• Leadership
• The “Yes, I
Can" Positive
Attitude
••
TULIA, Texas - Willie Hall
savored sausage and eggs just the
way he likes them Tuesday
morning after a good nights
sleep at home for the first time in
years.
“It felt different than lying in a
bunk where the mattresses are
hard. Last night was soft,” Hall
said. “(The breakfast) was a big
treat. It’s so good to be home.”
Hall, 40, was one of 12, defen-
dants released on bail Monday as
questions about their convictions
—based solely on the testimony
of now-indicted, white undercov-
er officer Tom Coleman — are
being reviewed by the Texas
Court of Criminal Appeals and
the Board of Pardons and
Paroles.
Some of the defendants
enjoyed long bubble baths, mak-
ing good use of a bag of toiletries
their attorneys bought each of
them. There were conversations
with relatives while relaxing in a
familiar easy chair and a softball
game with family and friends.
Those whose driver’s licenses
were still valid were driving
again. All were things robbed
from them while spending as
many as four years in prison.
Jason Jerome Williams, 24,
hopped behind the wheel of a
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pending state budget bill, even
as his legal team insists time is
running short.
■ a bill that would have pro-
hibited a person from being
convicted under the Texas
Controlled Substances Act on
the uncorroborated testimony of;
a law enforcement officer
unless it believes the unsupport-
ed testimony, beyond a reason-
able doubt; and,
■ a measure that would have
out here. A lot of tears have been tai retardation. allowed the governor to issue
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who runs an antique store on the
square across from the Swisher
County Courthouse where the
initial trials were held. She
declined to elaborate, saying
instead, “I have td live here.”
And although slie believes
Sheriff Larry Stewart does a1
good job overall, Morgan said he
could have prevented the entire
controversy
"They should have done a bet-
ter Job checking Coleman’s
background,” she said. "If it had
been handled right in the begin-
ning, none of this would have
happened.”
Coleman, 43, was indicted in
April on three perjury charges
related to testimony he gave dur-
ing evidentiary hearings in
March involving four of the
cases.
Forty-six people, 39 of them
black, were arrested and accused
of possessing cocaine following
an 18-month undercover opera-
tion Coleman carried out alone.
Coleman used no audio or video
surveillance and no drugs or
money were found during .the
arrests.
Thirty-eight people were con-
victed or accepted plea bargains
for fear they would get long
prison sentences. Of the other
eight, seven cases were dis-
missed and one person died
burgundy sedan, rolled down the before trial could begin,
windows, cranked up the stereo a A call seeking comment from
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said the legislation mandating
j the release of the Tulia defen-
dants was the only successful
'■jj reform measure passed by the
7o,l t— t — n a bill requiring the state
Ellis cited the Tulia drug bust, Board of Pardons and Paroles to -
I
p • Discipline
. • Self-Defense
• Plus Fun
Field Trips
Fund. "We don’t see any reason
to hold this up.”
Two of the 14 included in the
“I have my opinions, but it's rule. A special prosecutor has bill were not released Monday. Basaldua. “It’s great to finally be post-trial determination of men-
not going to make any differ- said that he will dismiss all Daniel Olivarez has a drug case
ence,” said Barbara Morgan, charges if the court orders new pending in another county and shed, but it's happy tears.”
TUUA DRUG DEFENDANT Freddie Brookins Jr., right, hugs his 7-year- Problems with the Houston hold a hearing when addressing
old stepdaughter, Serena Basaldua, on his first day as a free man as c;ri1me !ab„and a fak<; srca"’ clemency matters in a capital
attorney Vanita Gupta, left, watches Tuesday afternoon. Brookins and dabl DalJas’ “ eYldence ithe case;
11 other defendants were released Monday. problems in Texas cnmin jus- B a measure added ufe
tice system
“We still don’t know the mag- wlthout P™16 t0 avaUable
nitude of the Houston DNA sentencing options in all capital
debacle,” Ellis said. "But felonies, including in which the
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Criminal justice reform
advocates blast session
■ I '
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By APRIL CASTRO I
The Associated Press
AUSTIN - A day after 12
people were released from
prison in Tulia on questionable
drug convictions, criminal jus-
tice reform advocates on
Tuesday gave the Texas
Legislature a failing grade for
their work in addressing prob-
lems in the state’s legal system.
“This was not a successful
session in terms of criminal jus- age limit of death penalty eligi-
tice reform,” said Sen. Rodney bility from 17 to 18;
■ a measure mandating the
I Ellis, D-Houston. Ellis, who r ’ ‘ '
P joined a host of legal experts, education of Texas peace offi-.
cers on die responsibilities of
consular notification for foreign
nationals;
n a bill requiring
AUSTIN (AP) — Ave people arrested In Crawford on charges of
violating the city's protest ordinance during President Bush’s May 3
visit sued the city and Its police chief Tuesday, claiming the ordi-
nance violated their Arst Amendment rights and the Texas Bill of
Rights.
The city requires people who want to demonstrate to apply for a
the spending plan approved by permit 15 days in advance, state the purpose of the march and the
lawmakers, said the delay is not number of people and kinds of material that will be involved, the
playing politics lawsuit filed in U.S. District Court In Waco said.
Perry ‘very comfortable’ that Strayhorn will certify budget by deadline Five suing Crawford, police chief
AUSTIN (AP) — Gov. Rick the 2004-05 spending plan, the constitutional deadline for the The Sunday deadline “is still
Perry said Tuesday he expects budget bill with expire, governor to receive the bill to our interpretation,” she said.
Comptroller Carole Keeton Strayhorn said she believes sign into law and exercise his
Strayhorn will certify the still- she's not under any immediate line-item veto powers.
deadline. Asked about a possible dead-
“There is no time limit,” line, Perry said: “I think trying
Strayhorn sai d. Tm going to theorize about what might or
"I feel very comfortable the through this budget line item by might not happen is not partic-
comptroller will certify the line item. This is strictly fulfill- ularly productive. I’ve got great
budget,” Perry said. ing my constitutional mandate, confidence in the comptroller."
The governor's office has I am doing it as quickly as I
said that if Strayhorn doesn’t can."
Perry’s office said Monday wasn’t backing away from the
ing with attorneys to go pick up Ermatinger in Waxahachie, was
a friend. The freedom is “love- not immediately returned.
Monday 's release of 11 men
and a woman comes while the
my nieces and nephews all appeals court considers a recom-
around,” he said. “It just felt mendation by retired state
good.” T
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trials. Cash Love’s case is still pending
The release came as a result of on a direct appeal that has not
a bill passed by the Legislature in been completed.
May and signed by Gov. Rick Freddie Brookins Jr. was one
Perry on June 2. of a few who took a long, hot
The Texas Board of Pardons bubble bath. He luxuriated for
and Paroles also can clear the about 45 minutes, not quite as
released defendants'records. long as Joe Moore, another
“Now we’re hopeful this can releasee who apparently spent an
be done expeditiously,” said hour and 15 minutes in the tub.
Vanita Gupta, an attorney with “The last 24 hours have been
District Judge Ron Chapman tbe NAACP Legal Defense great, said Brookins, as he jn capita] cases. The mea-
Some Tulia residents, howev- that all the convictions be over- “J ‘ ‘
er, were not as joyous about the turned. It could take as long as
release of the defendants. two years for the appeals court to
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2.2_______2_2 _r 2._ a A call seeking comment from
little and drove off from a meet- Coleman’s attorney, Cindy
ing with attorneys to go pick up
ly,” he said over the music.
“It was great to wake up with
dal in Dallas, as evidence of the
problems in Texas’ criminal jus-
tice system.
“We still don’t know the mag-
Ellis said. “But felonies, including in which the
whether you’re in Dallas, death penalty Is not sought;
Austin, Houston or Tulia, there
are problems in Texas.”
One of the session’s biggest
disappointments for criminal
justice reform advocates was
failed legislation that would
have required a trial judge or
jury to determine if a defendant unless the judge instructs the
is mentally retarded before the jmy that it should not convict
walked along the sidewalk of sure that passec] out of the
downtown Tulia with his 7- House but never received a
year-old stepdaughter, Serena hearing in the Senate required
State
3A
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Cash, Wanda Garner. The Baytown Sun (Baytown, Tex.), Vol. 81, No. 206, Ed. 1 Wednesday, June 18, 2003, newspaper, June 18, 2003; Baytown, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1184853/m1/3/: accessed June 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Sterling Municipal Library.