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1999 Tulia drug arrests

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Coordinates: 34°32′09″N 101°45′31″W / 34.53583°N 101.75861°W / 34.53583; -101.75861
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1999 Tulia drug arrests
Tulia, Texas
DateJuly 23, 1999
LocationTulia, Texas
Coordinates34°32′09″N 101°45′31″W / 34.53583°N 101.75861°W / 34.53583; -101.75861
TypePolice raid
ParticipantsTom Coleman
(Undercover as T. J. Dawson)
Arrests47[a]
Convicted38
ChargesDelivery of a controlled substance
Pardoned35

A total of 47 individuals,[a] the majority of whom were African American, were arrested in 1999 in Tulia, Texas on charges of cocaine dealing as a result of an undercover operation carried out by agent Tom Coleman. Coleman's testimony was crucial in the convictions of 38 of the 47. Years later, 35 of the 38 incarcerated were pardoned by Texas governor Rick Perry.

What ensued was a media frenzy that was widely covered by national media outlets such as The New York Times, 60 Minutes, People, and A&E Networks.

Pretense

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In 1994, as part of the United States' war on drugs, President Bill Clinton signed into law the Violent Crime Control and Law Enforcement Act.[3] The first draft of the congressional bill was written by then-Senator Joe Biden of Delaware in cooperation with the National Association of Police Organizations and was sponsored by U.S. Representative Jack Brooks of Texas.[4][5]

Nationwide, states received 100,000 new police officers, $9.7 billion in funding for prisons, and $6.1 billion in funding for prevention programs.[6] In Tulia and small towns alike, task forces received funding for each arrest and conviction they made, which could be used as they pleased the following year.[7]

Undercover operation

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Using the alias T. J. Dawson, Agent Tom Coleman went undercover for 18 months, posing as a buyer who needed to purchase cocaine for his girlfriend. Coleman worked for the Panhandle Regional Narcotics Trafficking Task Force.[8] He was hired by Sheriff Larry Stewart of Swisher County, Texas, in 1998, operating out of Amarillo.[9]

On the morning of July 23, 1999, the Swisher County Sheriff's Department, in cooperation with local authorities, conducted a collective apprehension and arrest of 47 citizens in Tulia, Texas.[10][11] Thirty-eight of the arrested were African American,[1] which amounted to approximately 10 to 20 percent of Tulia's African American population.[12][13]

After the highly publicized drug arrests in Tulia, Coleman was honored as Officer of the Year in Texas. He was photographed with John Cornyn, who was then the Texas Attorney General and later a U.S. Senator.[14]

Convictions

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During his undercover operation in Tulia, Tom Coleman claimed to have purchased at least 117 illegal narcotics from 47 different defendants. Except for 21 defendants who were charged with the first-degree felony of selling drugs to Coleman within 1,000 feet (300 m) of a school or park, all other defendants were charged with second-degree felonies for the purchases made between February 1998 and July 1999.[15]

This was in spite of Coleman not supplying any recorded materials, such as audio or videotape, or corroboration by second officers. There were also no drugs or weapons found in the initial raid. Coleman frequently wrote brief reports that included very little information about the defendants. He also identified suspects incorrectly in a few instances, resulting in dismissal of cases.[16]

Pardons

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Sparked by a letter written by Gary Gardner, who was distraught by the lack of evidence, to District Judge Ed Self,[17] Amarillo civil rights attorney Jeff Blackburn began investigating the Tulia defendants' cases, along with Vanita Gupta from the NAACP Legal Defense and Educational Fund and a handful of attorneys from firms around the country. Eventually, the case became a cause célèbre, and money was raised to legally challenge the cases. Many had already served several years in prison before this process gained momentum. By 2004, Blackburn and his team had freed most of the accused and a $6,000,000 collective settlement was reached to avoid further litigation in civil court.[8]

Of the 47 original defendants, Texas governor Rick Perry pardoned 35 of them. Nine of the twelve defendants who were still on this list either had their charges dropped before they went to trial or were put on deferred adjudication, meaning that they were not found guilty in the end. Since the tenth defendant was underage when he committed the offense, the conviction was not recorded on his adult record. When the two remaining were apprehended in the Coleman sting, they were already on probation for a different offense; this probation was canceled, and they were sent to jail. The Coleman charges never resulted in their conviction.[15]

Accused

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The names of the defendants, their race, age at the time of arrest, and whether they were pardoned are shown below.[1]

One through twenty-four
# Name Race Age Pardoned
1
 Dennis Mitchell Allen African American
34
 Yes
2
 James Ray Barrow African American
31
 Yes
3
 Landis Barrow African American
22
 No[b]
4
 Leroy Barrow African American
59
 Yes
5
 Mandis Charles Barrow African American
22
 No[b]
6
 Troy Benard African American
29
 Yes
7
 Zury Bossett African American
20
 No[c]
8
 Fred Wesley Brookins Jr. African American
24
 Yes
9
 Yul Eugene Bryant African American
31
 No[c]
10
 Eddie Cardona Hispanic
41
 No[c]
11
 Marilyn Joyce Cooper African American
39
 Yes
12
 Armenu Jerrod Ervin African American
19
 Yes
13
 Michael Fowler African American
18
 Yes
14
 Jason Paul Fry African American
25
 Yes
15
 Vickie Fry African American
27
 Yes
16
 Willie B . Hall African American
38
 Yes
17
 Cleveland Joe Henderson Jr. African American
25
 Yes
18
 Mandrell L. Henry African American
24
 Yes
19
 Christopher Eugene Jackson African American
27
 Yes
20
 Denise Kelly African American
29
 Yes
21
 Etta Kelly African American
23
 No[d]
22
 Eliga Kelly Sr. African American
62
 Yes
23
 Calvin Kent Klein White
22
 Yes
24
 Minor White
16
 No[e]
One through twenty-four
# Name Race Age Pardoned
25
 William Cash Love White
25
 Yes
26
 Joseph Corey Marshall African American
23
 Yes
27
 Laura Ann Mata Hispanic
23
 Yes
28
 Vincent Dwight McCray African American
38
 Yes
29
 Joe Welton Moore African American
58
 Yes
30
 James Moreno Hispanic
?
 No[c]
31
 Daniel G. Olivarez Hispanic
20
 Yes
32
 Kenneth Ray Powell African American
40
 Yes
33
 Benny Lee Robinson African American
24
 Yes
34
 Finaye Shelton African American
25
 Yes
35
 Donald Wayne Smith African American
31
 Yes
36
 Lawanda Smith African American
25
 No[d]
37
 Yolanda Yvonne Smith African American
25
 Yes
38
 Romona Lynn Strickland African American
26
 Yes
39
 Timothy Wayne Towery African American
27
 Yes
40
 Chandra Leah Van Cleave White
22
 No[c]
41
 Billy Don Wafer African American
42
 No[c]
42
 Kareem Abdul Jabbar White African American
24
 Yes
43
 Kizzie R. White African American
23
 Yes
44
 Tonya Michelle White African American
30
 No[c]
45
 Alberta Stell Williams African American
49
 Yes
46
 Jason Jerome Williams African American
19
 Yes
47
 Michelle Williams African American
30
 Yes

Conviction of Tom Coleman

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In 2003, the state appointed two prosecutors to hold evidentiary hearings to determine if Coleman's testimony was the sole basis for conviction, and to find out if county officials withheld information from the defense.[18]

On Friday, January 14, 2005, Coleman was convicted of perjury in the separate evidentiary hearing trial, not related to the original 47 defendants that he testified against. During the five-day trial held in Lubbock, Texas, one of the three counts was dropped, leaving two alleged instances of perjury. He was acquitted on one count and found guilty on the second count.[19] Coleman was sentenced to 10 years probation with a $7500 fine.[20] The 7th Court of Appeals of Texas in 2006 upheld the conviction.[21]

Coleman could not be prosecuted for his testimony given during the trials of the drug defendants because the statute of limitations had expired.[22]

Drug Law Enforcement Evidentiary Standards Improvement Act of 2007

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In the aftermath of the Tulia drug sting, the Drug Law Enforcement Evidentiary Standards Improvement Act of 2007 was twice introduced in the United States Congress, but not passed. It aimed to increase the evidentiary standard required to convict a person for a drug offense and to require screening of law enforcement officers or others acting under color of law participating in drug task forces.[23]

Media

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The story was widely covered by national media outlets such as 60 Minutes[24] and The New York Times.[25]

...Coleman's methods [of law-enforcement] were the subject of investigative reports in dozens of media outlets, from The New York Times, to Court TV, to The Independent of London...

— Blakeslee, Nate, Tulia: Race, Cocaine, and Corruption in a Small Texas Town, p. 5

The first newspaper article that was published about the arrests was by Michael Garrett of the Tulia Sentinel titled "Tulia's Streets Cleared of Garbage".[26][27] It was three years before the story went national.

Starting in 2002, Bob Herbert, a journalist for The New York Times, wrote eleven op-ed articles that played a significant role in spreading the Tulia story across the United States. He wrote articles such as "Kafka in Tulia" which exposed the racism that occurred in the community,[28] and "Tulia's Shattered Lives" which depicted how the arrest affected the lives of the incarcerated.[29][30]

The book Tulia: Race, Cocaine, and Corruption in a Small Texas Town by Nate Blakeslee was to be adapted into a film directed by John Singleton starring Billy Bob Thornton. Halle Berry was cast to play a lawyer in the film. Berry was to play an attorney for the NAACP Legal Defense and Educational Fund. The movie was never completed.[31]

Notes and references

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Notes

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  1. ^ a b Although the book titled Tulia: Race, Cocaine, and Corruption in a Small Texas Town by Nate Blakeslee quotes the number of arrested as forty-seven (with names given),[1] there are other books that quote the number at forty-six (Without names).[2]
  2. ^ a b Was on probation for previous offense; probation was revoked
  3. ^ a b c d e f g Case was dismissed
  4. ^ a b Plead to three years deferred adjudication
  5. ^ Sentenced to boot camp for juvenile offenders

Citations

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  1. ^ a b c Blakeslee 2005, pp. 410–417.
  2. ^ Balko 2021.
  3. ^ Johnson 2007, p. 305.
  4. ^ Brooks 1994.
  5. ^ Kranish 2020.
  6. ^ DOJ 2020.
  7. ^ Bradley 2003, 11:17.
  8. ^ a b Johnson 2007, p. 287.
  9. ^ Hunt 2022.
  10. ^ Curtis 2003, p. 251.
  11. ^ Johnson 2007, p. 286.
  12. ^ Johnson 2007, p. 284.
  13. ^ ACLU 2003.
  14. ^ Johnson 2007, p. 290.
  15. ^ a b Blakeslee 2005, pp. 409–410.
  16. ^ Blakeslee 2005, p. 5.
  17. ^ Bean 2021.
  18. ^ Hastings 2003, p. D1.
  19. ^ Blakeslee 2005, p. 406.
  20. ^ Balko 2021, p. 245.
  21. ^ KFDA 2006.
  22. ^ NBC 2005.
  23. ^ Lee 2007.
  24. ^ Bradley 2003.
  25. ^ NY-Times 2005.
  26. ^ Hastings 2003, p. D3.
  27. ^ Garrett 1999.
  28. ^ Herbert 2002a.
  29. ^ Herbert 2002b.
  30. ^ Musik Nussbaum 2017.
  31. ^ McNary 2007.

Sources

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Books

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Television

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