Just Criminal: Unintended Tragedies

The Supreme Court will soon clarify the circumstances in which police officers, who do not have a warrant, can conduct a vehicle search of an arrestee. The Court will consider the case of Rodney Gant, who was convicted of possession of cocaine with intent to sell and possession of drug paraphernalia.

According to the February 25, 2008 New York Times ("Justices Take Vehicle-Search Case"), "The justices agreed on Monday to review the case of Rodney Joseph Gant, whose arrest on Aug. 25, 1999, raised questions that have sharply divided Arizona courts. State officials are asking the United States Supreme Court to overturn a ruling last July by the Arizona Supreme Court, which ruled that a search of Mr. Gant's car violated the Fourth Amendment's protection against unreasonable searches and seizures, and that the evidence must therefore be thrown out."

The Times reported that "After Mr. Gant was convicted of possession of a drug with intent to sell plus possession of drug paraphernalia, his lawyers continued to try to have the evidence against him suppressed, asserting that there had been no justification for the warrantless search of his vehicle. The Arizona high court agreed, holding that because Mr. Gant and the other suspects had been cuffed and the scene was secure, 'neither a concern for officer safety nor the preservation of evidence justified the warrantless search of Gant's car.'"

The Times noted that "Courts at all levels have wrestled over the years with the circumstances under which the police can search cars ( and houses and people ) without warrants. Warrantless searches have often been upheld in situations that demand quick decisions by police officers, either to protect human life or preserve evidence or both. This fall, the justices will hear arguments on how Mr.Gant's case fits into those considerations."

More than a dozen residents of Mansfield, OH, have returned home from prison after being freed when an informant's lies came to light. The drug sting operation, which yielded 26 prosecutions, is now the focus of a grand jury investigation and a special prosecutor appointed by the US Justice Department.

The Pittsburgh Post-Gazette reported on Feb. 24, 2008 ("A Frame-Up Falls Apart") that "Federal judges, acting on an unprecedented request from a prosecutor, have freed 16 Mansfield residents from prison because of an undercover drug investigation that turned into a law-enforcement scandal. U.S. Attorney Greg White of Cleveland said their convictions for selling crack cocaine were tainted by an informant who admits framing innocent people. Mr. White does not call the Mansfield defendants innocent, but he says the cases against them were built on lies. He said he had to let them out of prison because they were wrongly convicted. 'The government has an obligation to do the right thing. The truth matters,' Mr. White said in a recent interview. In all, the discredited drug sting in Mansfield resulted in prosecutions of 26 people. The cases against 23 have been dismissed by judges or have ended in acquittals by juries. This month alone, 15 men came home from prison."

According to the Post-Gazette, "The Department of Justice appointed Assistant U.S. Attorney Bruce Teitelbaum of Pittsburgh as special prosecutor in the Mansfield inquiry. Mr. Teitelbaum says he is focusing on drug investigations in which federal and local law officers used a convicted killer named Jerrell Bray as their paid informant. Mr. Bray, 36, says he lied with impunity to implicate Mansfield residents in drug crimes. Worse, he says, law officers, led by a federal agent named Lee Lucas, helped him railroad many of those people into convictions. Mr. Bray pleaded guilty in December to two counts of perjury and five charges of violating the civil rights of Mansfield defendants. Sentenced to 15 years in prison, he has agreed to help in the ongoing investigation of the Mansfield cases. By cooperating he could reduce his sentence to 11 years."

The Post-Gazette noted that "Richland County Sheriff J. Steve Sheldon declined to be interviewed about the tainted cases, but he issued a statement last week saying his detectives did nothing improper. Many of those who were wrongly imprisoned tell a different story. They say in civil lawsuits that Sheriff's Detective Metcalf lied under oath about them selling drugs. They say his testimony -- or the threat of it -- proved powerful in winning over juries or obtaining guilty pleas from the accused. Most of the Mansfield suspects had prior convictions for selling drugs. Many pleaded guilty in the new round of charges in exchange for reduced prison sentences instead of taking their chances at trials in which decorated law officers would testify against them."

A rally is planned for Feb. 23, 2008, in Chesapeake, VA, to protest the indictment of Ryan Frederick for the death of a police officer killed when a SWAT team raided Frederick's home. The raid was based on an informant's incorrect claim that Frederick was growing marijuana.

The Virginian-Pilot reported on Feb. 12, 2008 ("Frederick Supporters Plan Rally Outside Chesapeake Jail") that "Frederick has been held at the jail since his arrest following the Jan. 17 shooting of Detective Jarrod Shivers, 34, a father of three. He is charged with first-degree murder, use of a firearm and first-offense possession of marijuana, a misdemeanor. Shivers, an eight-year police veteran, was shot while executing a drug search warrant at Frederick's home in the 900 block of Redstart Ave., in the Portlock section of Chesapeake. Police said Shivers was attempting to enter the suspect's home when "shots were fired from inside the residence," striking the detective. Frederick, in a jail interview with The Virginian-Pilot, said he did not know it was a police kicking in his front door and fired his .380-caliber handgun at what he thought was an intruder. A special prosecutor from Northern Virginia has been appointed to handle the case. Paul Ebert, the commonwealth's attorney from Prince William County, was appointed when Chesapeake prosecutors removed themselves from the case to avoid any perceived appearance of bias."

According to the Virginian-Pilot, "Supporters of Ryan Frederick, the man accused of fatally shooting a city detective, are planning a march and rally Feb. 23 at the city jail where the 28-year-old is being held without bail. The rally is planned from 10 a.m. to 4 p.m. at the Chesapeake Correctional Center, 400 Albemarle Drive. Frederick is expected to appear in Chesapeake General District Court two days before the planned rally for a bond hearing."

The case has had reverberations well beyond Virginia. As the Victorville, CA Desert Dispatch noted in an editorial on Feb. 12, 2008 (Unnecessary SWAT Raids Put All Parties At Risk"), "Right now, in Chesapeake, Va., Ryan Frederick is in jail, charged with murdering a police officer. On Jan. 17, a police SWAT team converged on Frederick's home after an informant told police he was growing marijuana, according to the Virginian-Pilot. Based on this information, the police organized an evening raid. Frederick, who was apparently asleep, said he thought somebody was trying to break into his home. The circumstances are not fully clear, but he ultimately shot one of the officers as they broke down his front door. The officer later died. The police did not find a marijuana-growing operation in Frederick's house. He was growing tree saplings in his garage apparently. He had a slight amount of marijuana for recreational use, a misdemeanor. His first one. According to the Virginian-Pilot, Frederick was afraid because somebody had broken into his garage three days before the police raid, which may well explain the source of the informant's claims. As a result, an officer is dead and a man who believed he was protecting his home from an intruder may stand trial for it. The community is coming out in support of Frederick, but it's a tragedy all around."

The Desert Dispatch wrote that "SWAT raids should be intended as a tool of last resort, when lives are endangered and there is no other way for authorities to safely enter a home or building. Even in the appropriate circumstances these raids can be deadly for all involved. A SWAT officer was killed last week in the Los Angeles area in a raid trying to stop an apparently mentally ill man who killed three members of his own family. When authorities misuse these raids - for whatever logical reason - to execute search warrants, they put themselves and sometimes innocent people at risk."

Residents of Lima, OH, are protesting the recent killing of a young woman and wounding of her 14-month-old child during a police SWAT-team raid.

The Toledo Blade reported on Jan. 17, 2008 ("Angry Lima Slams Shooting Inquiry") that "On Jan. 4, Tarika Wilson, 26, was shot to death and her 14-month-old son, Sincere, was wounded when members of the Lima Police Department's SWAT team searched Wilson's East Third Street home and arrested her boyfriend, Anthony Terry, 31, on drug charges. At some point during the 8:15 p.m. raid, Sgt. Joseph Chavalia, a 30-year veteran of the department, fired at Wilson, who was holding her young son in her arms. Her five other children were in the house at the time."

According to the Blade, "Ohio Attorney General Marc Dann came to town yesterday to assure Lima residents that his office would do a thorough and unbiased investigation into the fatal shooting of a local woman by a Lima police officer. Instead, he got an earful. For more than two hours, Mr. Dann and representatives of the FBI and the Ohio Bureau of Criminal Identification and Investigation listened as black and white residents expressed their distrust of the Lima police department, told stories of how they allegedly had been harassed by officers, and demanded to know how they could expect the state law enforcement agency to impartially investigate the actions of another law enforcement agency."

The Blade noted that "The state's findings are to be turned over to Defiance County Prosecutor Jeff Strausbaugh, who was appointed special prosecutor. Mr. Strausbaugh said he will review BCI&I's findings and determine whether or not the case should be presented to an Allen County grand jury for possible criminal charges against Sergeant Chavalia. 'I want an investigation that's been done independently, competently, and very thoroughly,' Mr. Strausbaugh said, adding that he was 'independent' of Lima and Allen County. FBI spokesman Scott Wilson said agents from the Toledo office also are investigating the case for possible federal civil-rights violations. Their findings will be turned over to the U.S. Department of Justice. Officials declined to discuss any details of the investigations. Several people in the audience asked why the probe should take so much time when it should be clear what happened. 'You've given us nothing,' said Thelma Flint. 'This case is open and shut. She was murdered. She was with her children.'"

Investigation into the police killing of 92-year-old Kathryn Johnston has led to widespread allegations of wrongdoing and corruption in the Atlanta, GA police department. The New York Times reported on April 27, 2007 ("Prosecutors Say Corruption In Atlanta Police Dept. Is Widespread") that "After the fatal police shooting of an elderly woman in a botched drug raid, the United States attorney here said Thursday that prosecutors were investigating a 'culture of misconduct' in the Atlanta Police Department. In court documents, prosecutors said Atlanta police officers regularly lied to obtain search warrants and fabricated documentation of drug purchases, as they had when they raided the home of the woman, Kathryn Johnston, in November, killing her in a hail of bullets. Narcotics officers have admitted to planting marijuana in Ms. Johnston's home after her death and submitting as evidence cocaine they falsely claimed had been bought at her house, according to the court filings."

According to the Times, "Two of the three officers indicted in the shooting, Gregg Junnier and Jason R. Smith, pleaded guilty on Thursday to state charges including involuntary manslaughter and federal charges of conspiracy to violate Ms. Johnston's civil rights. 'Former officers Junnier and Smith will also help us continue our very active ongoing investigation into just how wide the culture of misconduct that led to this tragedy extends within the Atlanta Police Department,' said David Nahmias, the United States attorney. Asked how widespread such practices might be, Mr. Nahmias said investigators were looking at narcotics officers, officers who had once served in the narcotics unit and 'officers that had never been in that unit but may have adopted that practice.' The investigation has already led to scrutiny of criminal cases involving the indicted officers and others who may have used similar tactics. Paul Howard, the Fulton County district attorney, said his office was reviewing at least 100 cases involving the three officers, including 10 in which defendants were in jail. If they continue to cooperate, Mr. Junnier, who retired after the shooting, faces a minimum of 10 years in prison and Mr. Smith, who resigned Thursday, faces 12 years. The third officer, Arthur Tesler, declined a plea deal. He was indicted on charges of violation of oath by a public officer, making false statements and false imprisonment under color of legal process."

The police originally tried to assert that they were acting on an informant's tip. That story however proved to be false. The Atlanta Journal & Constitution reported on April 28, 2007 ("Scared Police 'Snitch' To Sue") that "Officers Gregg Junnier and Jason R. Smith claimed White had bought drugs inside the house as they waited outside. But when a team of officers forced their way into the home, instead of drugs, they only found frightened and confused elderly homeowner, Kathryn Johnston, who died in a shootout with police. Smith handcuffed Johnston, who lay on her floor bleeding to death before he planted drugs in her basement. Smith quickly called White, telling him to memorize a version of events agreed upon by the officers involved. The next day, two other officers picked up White close to White's house in a patrol car and drove around telling him what he was to say. But White refused. He tried to open the car door, but it was locked. He said the officers held him against his will for two hours, threatening him if he didn't agree to tell the stream of lies. Fearful they'd kill him, White was finally able to open the car door, rolling down the window and pulling on the door handle. He then jumped out and ran to a crowded public place, hiding nearby until a federal agent came to pick him up."

According to the Journal-Constitution, "Whoever said crime doesn't pay hasn't met Alexis White. While others shuffle off to work to early morning desk jobs, White has slept late and made a living buying drugs throughout the city as a police informant. That work, which netted White between $20,000 and $30,000 a year, came to an abrupt halt in November when an elderly Atlanta woman was fatally shot by police during a botched drug bust near White's neighborhood. Narcotics officers asked White, 45, to lie to help them with a cover-up, but he called authorities and exposed renegade cops. Three officers were indicted this week in the case, and two have pleaded guilty to killing 92-year-old Kathryn Johnston. White plans to sue police and the city for his loss of income, according to a notice his attorney, Fenn Little, hand-delivered Friday to the offices of the mayor, city attorney, Municipal Court clerk and police chief. But aside from his job, which can be replaced, he's also suing because of his ever-present fear, which can't be erased. White has been officially outed as an informant, more commonly called a 'snitch' or 'rat.' He feels this makes him Public Enemy No. 1 for street thugs and some police officers. His photo has been in the newspaper and he's been interviewed on television."

More stories on this case can be found by clicking here.

Police in Queens, NY, shot and killed a man after his bachelor party. The New York Times reported on Nov. 27, 2006 ("50 Shots Fired, And The Experts Offer A Theory") that "According to the police account, five officers fired 50 shots at a bridegroom who, leaving his bachelor party at a strip club, twice drove his car into a minivan carrying plainclothes police officers investigating the club. The bridegroom, Sean Bell, who was to be married hours later, was killed, and two of his friends were wounded, one critically."

According to the Times, "The shooting on Saturday unfolded in a flash. An undercover officer posted inside the Club Kalua, a site of frequent drug, weapon and prostitution complaints in Jamaica, overheard an exchange between a stripper and a man that led the officer to suspect the man was armed, Police Commissioner Raymond W. Kelly said on Saturday. The undercover officer alerted the officers acting as backup outside -- there were seven officers in all -- about 4 a.m., setting into motion the events to follow later. Eight men left the club and argued briefly with another man, with one from the group saying, "Yo, get my gun," Mr. Kelly said. The eight men apparently split into two groups of four, with one group piling into a Nissan Altima driven by Mr. Bell, Commissioner Kelly said. As an undercover detective who had been following the group on foot approached the vehicle, Mr. Bell drove into him, striking his leg, before plowing into a minivan carrying two backup officers, the commissioner said. The Altima reversed, mounting a sidewalk and hitting the lowered gate of a building before going forward and striking the van again. The officers opened fire, striking Mr. Bell, 23, twice, in the right arm and neck, Commissioner Kelly said. The critically wounded man, Joseph Guzman, 31, was struck 11 times, and the third man, Trent Benefield, 23, three times. Mr. Kelly said it was unclear whether there was a fourth man in the car and what became of him."

Actually the details of the event are not clearcut. Bob Herbert of the NY Times wrote in his column of Nov. 30, 2006 ("Badges, Guns And Another Unarmed Victim") that "Yesterday, under an overcast sky and with a crush of reporters around them, the relatives and fiancee of Sean Bell visited the narrow street in Queens where he was killed in a sudden frantic fusillade of police bullets early last Saturday morning, just a few hours before he was to be married. Mr. Bell and two friends who had attended his bachelor party at a nearby club were in his car when they were set upon by a group of undercover cops who had been staking out the club. The two friends were seriously wounded in the shooting. Here is my first quick take on this case: If I was in my car outside a rowdy nightclub in the wee hours of the morning and someone who looked like a club patron came running toward me, screaming and waving a gun, I would immediately slam the gearshift into drive, hit the accelerator and try to get the hell out of there. This appears to be what happened. The cops, dressed to blend in with the club crowd, were single-mindedly looking for trouble -- evidence of prostitution, underage drinking, illegal guns, and so forth. They were looking so hard for criminal behavior that they seem to have imagined it where none was occurring. One officer is said to have believed that one of Mr. Bell's companions may have had a gun. No gun was found and there is no evidence that any of the three men were armed at any time. 'It sounds to me like excessive force was used,' said Mayor Michael Bloomberg, who characterized the 50-shot barrage as 'unacceptable' and 'inexplicable.' Referring to Mr. Bell and his two friends, the mayor said, 'There is no evidence that they were doing anything wrong.' The thing that is most unacceptable about this case is not the total number of shots fired, but the fact that five New York City cops were so willing to begin firing at all -- willing to take the life of another human being, and maybe a number of human beings -- without ever establishing that there was a good reason for doing so."

There are also questions being raised about the investigation. The NY Times reported on Dec. 4, 2006 ("In Seeking Clues To Police Shooting, A Search And Arrests"Detectives investigating the fatal police shooting of Sean Bell, an unarmed 23-year-old black man, arrested four people at a Queens apartment building and seized a loaded semiautomatic handgun and a bag of marijuana, the police said yesterday. The arrests were believed to be part of a broad police effort to locate witnesses -- including one described by many in the case as a 'fourth man' -- who may have briefly been in Mr. Bell's car on Saturday morning in the moments before five police officers fired a fusillade of 50 bullets. Mr. Bell was killed in the gunfire, and his two friends, Joseph Guzman and Trent Benefield, were injured. The arrests did little to cool tensions in an emotionally charged case. One of those arrested, LaToya Smith, said in an interview that she knew Mr. Benefield, who lives in the same complex, as well as Mr. Bell, who she said was helpful to her in the past. Friends and family of the three men said the police were acting overzealously by arresting those who knew the dead and injured men, and noted that all three were victims who have not been charged with any crimes. They also questioned the existence of the fourth man. 'If he's bionic, and he's that good to get away from those bullets, I want to meet him, too,' said Eboni Browning, Mr. Guzman's fiancee, after leaving his bedside at Mary Immaculate Hospital."

According to the Times, "Police Commissioner Raymond W. Kelly said yesterday that the warrant that led to the arrests was executed 'in conjunction' with the investigation of the shooting of Mr. Bell. 'The warrant execution took place as a result of previous purchases of narcotics at that location,' where the raid took place, he said at a news conference at 1 Police Plaza. But people at the apartment complex in Queens, where candles and photos were set up in tribute to Mr. Bell, said they were outraged by the police behavior. And the mood was the same at Mary Immaculate Hospital, where Mr. Benefield and Mr. Guzman were recuperating. 'I'm enraged,' said Bishop Erskine Williams, who said that his 26-year-old son, Erskine Williams Jr., was arrested yesterday on a warrant for an unpaid summons of $25. He was soon released. 'They're harassing a lot of male blacks where we live, and it's got to stop,' the bishop said. According to the bishop, who said he was in a group of people who met with Mayor Bloomberg on Monday, his son, who knows Mr. Guzman and Mr. Benefield, was questioned by the police about Mr. Bell's bachelor party, whether he was there, and what those involved might have told him. 'It's obvious the police need to build a case," said the bishop, who is the pastor of New Seasons Family Worship Center in Jamaica. He said the Smiths are his niece and nephews and that Stanley Smith is the keyboard player at his church. 'They don't have credible evidence. Their methods are wrong, even if their intentions may be pure.' In an interview, his son said that after he spent a night in the hospital watching over Mr. Benefield, detectives checked him for tattoos and pressed him for details about what Mr. Benefield had said. 'They know I'm Trent's best friend,' said the younger Mr. Erskine. 'That's why they're harassing me.' Others at the complex where the arrests took place, the Baisley Park Gardens, said the police were asking about a man nicknamed Ducky. Mr. Kelly declined to speak about any incremental developments in the police investigation. He said there was nothing he could do about the skepticism about the existence of a fourth man. 'The existence of a fourth person is a part of this investigation,' Mr. Kelly said. 'It's one of the issues being addressed by investigators.' The police efforts are being led by the same unit of the Internal Affairs Bureau that spearheaded the inquiry into the police shooting of Amadou Diallo, an unarmed African immigrant, seven years ago."

Atlanta police shot and killed an 88-year-old woman in her home during a raid intended to find a coke dealer. Cynthia Tucker of the Atlanta Journal-Constitution wrote on Dec. 4, 2006 ("88-Year-Old Woman Is Latest Collateral Damage In Senseless Drug War") that "Kathryn Johnston was collateral damage in America's misguided "war on drugs." On Nov. 21, the 88-year-old woman was shot dead by Atlanta undercover police officers who crashed through her door after dark to execute a "no-knock" search warrant for illegal drugs. Living in a high-crime neighborhood, apparently frightened out of her wits, she fired at the intruders with a rusty revolver, hitting all three. That's according to the police account, which says the officers then returned fire, striking Ms. Johnston in the chest and extremities. Because there are suggestions of police impropriety in the case, Police Chief Richard Pennington has asked outside law enforcement agencies, including the FBI and the Georgia Bureau of Investigation, to review the actions of the narcotics officers. The investigation may reveal police incompetence, and it may reveal police malfeasance. Unfortunately, however, it is unlikely to point to the root cause of this tragedy: a foolish, decades-long effort to curb illegal drug use through arrests and incarceration. Raging on mindlessly, the war on drugs has caused untold collateral damage - leaving children fatherless, helping to exacerbate the spread of AIDS, and filling prisons with people who, with minimal rehabilitation, might be contributing to society rather than draining its resources."

Questions have already been raised about the incident. The Atlanta Journal-Constitution reported on Nov. 27, 2006 ("Informant In Shooting Says He Never Bought Drugs At Home") that "The confidential informant on whose word Atlanta police raided the house of an 88-year-old woman is now saying he never purchased drugs from her house and was told by police to lie and say he did. Chief Richard Pennington, in a press conference Monday evening, said his department learned two days ago that the informant -- who has been used reliably in the past by the narcotics unit -- denied providing information to officers about a drug deal at 933 Neal Street in northwest Atlanta. 'The informant said he had no knowledge of going into that house and purchasing drugs,' Pennington said. 'We don't know if he's telling the truth.' The search warrant used by Atlanta police to raid the house says that a confidential informant had bought crack cocaine at the residence, using $50 in city funds, several hours before the raid. In the document, officers said that the informant told them the house had surveillance cameras that the suspected drug dealer, called 'Sam,' monitored. Pennington on Monday evening said the informant told the Internal Affairs Unit that he did not tell officers that the house had surveillance equipment, and that he was asked to lie."

According to the Journal-Constitution, "Kathryn Johnston was killed Tuesday night when she fired at officers seeking to serve a warrant. They had broken down the front door and exchanged gunfire with Johnston. Police later claimed a man named "Sam" had sold drugs from inside the house to an informant, prompting the officers to seek a 'no-knock' warrant. Such warrants are frequently issued so police can get inside a home before suspects can destroy or flush drugs. Johnston --- described by neighbors and family as a frightened woman who had burglar bars on her windows and door and rarely let friends and neighbors into her home --- had lived at the one-story brick home near the Georgia Dome for 17 years. The police chief said officers found marijuana inside the house but 'not a large quantity.' The officers were not wearing uniforms but had on bulletproof vests with 'Police' emblazoned across the front and back. And they identified themselves as they burst through the doors, police said. Johnston grabbed a rusty six-shot revolver and emptied it. Five shots struck the officers, hitting one of them three times. The other two were each hit once. The officers returned fire, shooting Johnston twice in the chest and elsewhere, police have said."

The mother of Jonathan Magbie filed a lawsuit against the District of Columbia and a local hospital in Sept. 2005 over Mr. Magbie's death. As reported in the Washington Post on Sept. 21, 2005 ( "Mother Sues Over DC Inmate's Death"), "The mother of a quadriplegic inmate who died after suffering breathing problems at the D.C. jail has filed a lawsuit accusing the District government and Greater Southeast Community Hospital of failing to give him proper care. Standing on the courthouse steps yesterday, nearly a year after her son Jonathan Magbie died of acute respiratory failure, Mary Scott said she wants justice -- and $50 million in damages -- for what her suit called the repeated failures and 'brutal insensitivity' of the city and hospital. 'My baby lost 40 pounds in four days, and they never lifted a finger. No one should have been treated like that,' Scott said. 'He needed medical attention, and they turned their backs on him.'

According to the Post, "Magbie, 27, of Mitchellville, was paralyzed from the neck down after being hit by a drunk driver when he was 4. On Sept. 20, 2004, he sat in his mouth-operated wheelchair as D.C. Superior Court Judge Judith E. Retchin sentenced him to 10 days in jail for a misdemeanor charge of possession of marijuana. He was a first-time offender. Magbie was taken to the D.C. jail, and within hours he was having difficulty breathing. He was moved to the emergency room at Greater Southeast; the hospital released him to the jail the next day. On Sept. 24, he again was taken to the hospital, where he died that day. The suit, filed in U.S. District Court, asserts that Greater Southeast should have treated Magbie for respiratory distress and other serious problems and admitted him Sept. 21, instead of discharging him. It also claims that medical staff members at the D.C. Department of Corrections knew they did not have the ventilator that Magbie said he needed to breathe at night but still put him in a locked jail infirmary room where they couldn't hear him and ignored his rapidly deteriorating health. Hospital officials have defended the care they provided. Yesterday, they declined to comment on the lawsuit until it is reviewed by lawyers. D.C. officials also would not immediately comment on the suit. Corrections officials have said Magbie received 'all the necessary treatment' while in custody."

The Post noted that "Investigations were launched after Magbie's death and provided some conclusions about its cause. But his family's legal complaint makes new detailed allegations about what it calls the missteps and 'cruel and unusual punishment' by nearly a dozen city and hospital medical staff members. The suit does not name Retchin as a defendant. A D.C. Department of Health investigation concluded in December that the hospital failed to provide adequate care. An investigation by the Commission on Judicial Disabilities and Tenure cleared Retchin of blame, concluding that she acted within the law and made an effort to determine whether the D.C. jail would be able to care for a quadriplegic. That report noted, however, 'failures of communication . . . in this tragic sequence of events' in which the judge's staff was actually checking whether a federal prison could take care of a paraplegic."

Members of the Campbell County, TN sheriff's department were expected to plead guilty in federal court to charges arising from the beating of a drug suspect and possible informer. The Knoxville News-Sentinel reported on Feb. 6, 2005 ( "Tape Reveals Terrifying Campaign In War On Drugs") that "'It's ( expletive ) over, son.' For two hours, authorities say, that message would be pounded into Lester Eugene Siler's head and body, reinforced with the barrel of a gun and echoed in threats of electrocution. Handcuffed and surrounded, Siler was now a prisoner of the war on drugs in Campbell County. Seven months later, five former Campbell County Sheriff's Department lawmen are poised to plead guilty to federal charges they conspired to violate Siler's civil rights by beating, threatening and torturing him. Named in informations drafted by Assistant U.S. Attorney Charles Atchley Jr. and filed last week in U.S. District Court are David Webber, 40; Samuel R. Franklin, 42; Joshua Monday, 24; Shayne Green, 35; and William Carroll, 26."

According to the News-Sentinel, the charges involve "a plot by the former lawmen to force Siler to put his signature on a form they could use in court as proof the convicted drug dealer agreed to let them search his home in the White Oak community in search of drugs and money. Atchley lists in the documents disturbing examples of the lengths he alleges these former lawmen were willing to go: threats to electrocute Siler, drown him and break his fingers, beatings and gunplay. But as shocking as those allegations are, they pale in comparison to the bone-chilling account of Siler's ordeal captured on a secret recording and laid out in a 59-page FBI transcript. On these pages, it is the ex-officers' own words that tell the tale of a drug war where the rules of engagement are written in Siler's blood. 'We're going to take every dime you have today and if we don't walk out of here with every piece of dope you got and every dime you got, you're ( expletive ) ass is not going to make it to the jail,' Webber warned in the transcript."

The incident was caught on an audio tape by the victim's wife, Jenny Siler. The News-Sentinel reported that "With lawmen at her door, Jenny Siler turns on a tape recorder in her kitchen and sighs as she heads to the door to greet them. The recorder would continue to roll long after the lawmen send away Jenny Siler, 27, and her 8-year-old, leaving them alone with Eugene Siler. It would produce a recording that spanned 40 to 45 minutes of what authorities contend was a two-hour ordeal. The FBI transcript of the recording indicates that it not only captured what the officers said but what they did. It is replete with references to sounds of Siler being slapped and struck. It details Siler's moans, his pleas, his piercing screams. The lawmen indicate in the transcript that Siler had fled out the door when they arrived. They've caught him and handcuffed him. He is brought into the house and placed in a chair, his hands cuffed behind his back. He is already moaning. Webber is heard first, telling Siler his 'dope dealing's over.' Franklin chimes in, telling Siler the lawmen are shutting down his drug business. Monday speaks next. 'It's ( expletive ) over, son,' Monday says. The beating begins then. There is no way to tell from the transcript how long the first assault lasts. At some point, Franklin instructs Carroll to hold off. 'Wait a minute, Will, before you start,' Franklin says."

The torture continued for quite a long time. Apparently the officers were trying to get Siler to sign "form that, once signed, will state that Siler gave his consent for the officers to search his home." According to the News-Sentinel, "Webber tells him that they could take a battery charger, hook some wires to it and attach it to Siler's testicles. The federal informations allege that the lawmen later rigged up such a device and used clamps to attach it to Siler's body.
"Monday is accused in the informations with pointing a gun at Siler, threatening to shoot him.
"The transcript backs up the allegation.
"'Shoot his ( expletive ) ass,' Green says.
"Amid the threats, Siler is again beaten, but he still refuses to sign. Siler pleads with the officers as Franklin threatens to burn him with a lighter after giving him a cigarette.
"The transcript also reveals an obscure threat by Green.
"'Let's give him a haircut,' Green says.
"At some point, one of the officers shows Siler a pellet gun apparently found in the house. Siler tells the officers it belongs to his son. Monday sees the find as another way to convince Siler his life is hanging in the balance.
"'Eugene, you're gonna sign this right here or I'm gonna ( expletive ) put a bullet in your damn head, and we're gonna ( expletive ) plant this BB gun,' Monday says.
"Webber later adds, 'Hey, Eugene, what loss do you think it's gonna be to us if you die, buddy? It's going to be no loss to us.' By now, Siler is groaning and gasping for breath, claiming he is suffering a heart attack. Webber demands Siler tell him where he has hidden drugs or money. 'I want what you have right now,' Webber says. Siler responds, 'I don't have nothing, sir.' The FBI transcript details an unrelenting assault that authorities contend did not end when the tape recorder suddenly stopped. The informations allege the attack on Siler included having his head forced underwater in both a fish tank and a toilet. By day's end, Siler would wind up not in a hospital but a Campbell County jail cell, charged with running from the officers and tossing drugs to avoid an arrest. His wife, too, would be charged."

The Campbell County Sheriff's Department, headed by Sheriff Ron Coleman, does a great deal of PR on its drug war efforts. According to the News-Sentinel, "Hardly a week goes by without a press release from McClellan's office detailing the latest raid, the fruits of the newest undercover operation or the next roundup of drug purveyors." The News-Sentinel reports that the Department "has been so successful at nabbing drug traffickers on the interstate that it has been featured on a nationally syndicated police reality show. The agency boasts some of the largest cash seizures in the state and was once forced to borrow money-counting machines from local banks to tally up the take.
"Webber was at the helm of the agency's drug-fighting team. He came to the agency in 1997, bringing with him credentials from his work as a Florida lawman.
"Franklin's role in the drug war focused less on supply and more on demand. He was the agency's D.A.R.E. officer, tasked with teaching children to resist drugs' temptation. Joining the department in 1987, he had risen through the ranks to become one of the agency's top detectives, specializing in sex crimes and child abuse cases.
"Monday was a rookie still waiting for a slot at the state's law enforcement training academy to open up so he could earn official certification. Green was more accustomed to battling fires than crime. He was chief of the Jacksboro Fire Department but worked part-time for the Sheriff's Department as a process server. Carroll worked full-time serving warrants and other legal documents. He occasionally transported prisoners. Like Monday, neither he nor Green was a state-certified deputy.
"It was this team of five who showed up at Siler's home on July 8, 2004. They arrived in unmarked vehicles, dressed in plainclothes. But they were cloaked with the authority to serve Siler with a warrant for his arrest. Siler, the document alleged, had been breaking the rules set for him a year ago by a Campbell County judge."

It is not known whether or not the guilty pleas by the five defendants will end the federal probe. According to the News-Sentinel:
"Siler and his wife turned to the Tennessee Bureau of Investigation and two attorneys, Michael Farley and Kristie Anderson, for help. The TBI interviewed the five lawmen, all of whom denied Siler's claims.
"Based on the TBI probe, District Attorney General Paul Phillips convened a grand jury. The Silers testified as did their son. McClellan and TBI agents also were summoned as witnesses. Franklin and Carroll showed up uninvited and voluntarily gave testimony.
"Exactly what the grand jury heard is unknown. Grand jury proceedings are secret by law.
"The panel would later return indictments against Webber, Franklin, Monday and Green, accusing the quartet of official oppression and perjury. Carroll was cleared by the grand jury.
"Within three months, officials confirmed that the FBI had launched its own investigation. Last week, all five lawmen agreed to skip normal prosecution channels, including a federal grand jury review. The informations filed last week will be assigned to a federal judge and, in the coming weeks, the men will be scheduled to appear in federal court.
"But it's not clear if the federal court case signals the end of the FBI's probe. The informations don't answer all the lingering questions.
"But one thing appears certain, these five men who once swore to uphold the law are now at its mercy."

The key figure in the Tulia Travesty, former police officer Tom Coleman, was found guilty of perjury in Jan. 2005. The Lubbock Avalanche-Journal reported on Jan. 15, 2005 ( "Coleman Convicted Of Perjury") that "Coleman was convicted on one count of aggravated perjury relating to a March 2003 writ of habeas corpus hearing where he told a judge he did not know of Cochran County theft charges against him prior to Aug. 7, 1998. He was acquitted of a second count of aggravated perjury relating to whether he knew he put gasoline into a private vehicle from a county-owned pump. 'Ask not, Mr. Coleman, for whom the bell tolls,' urged prosecutor Rob Hobson in his closing remarks, walking toward the defense table and looking grimly at Coleman. 'The bell tolls for you.'"

The defense was successful in getting for Coleman a sentence of probation only. According to the Avalanche-Journal, "Much of Friday's punishment phase parted ways with the actual issues surrounding Coleman's perjury as the defense tried to turn the sentence to probation and Hobson pushed for jail time. Hobson took advantage of the punishment phase to delve into the Tulia drug defendants and convictions snatched up with the help of Coleman's sole testimony. To do so, he called Freddie Brookins to the stand. Brookins, 27, spent three years and eight months in the Texas prison system before he was released - finally pardoned more than a year ago of a drug crime he did not commit. On Friday, Brookins took the stand, describing the effects of jail time and the accusations. The defense, said Hobson, used the opportunity to question Brookins to their own advantage, pitting blacks against whites. Of the 46 arrests in the bust, 39 were of black defendants."

The Avalanche-Journal noted that "At one point, defense attorney Kirk Lechtenberger pointed to the back of the courtroom where many of the Tulia defendants were watching the trial. 'Why do you think they're all watching this?' Lechtenberger said, alleging the case against Coleman was retribution for the Tulia bust. 'Because a long time ago, doing what he thought was right ... because he's white ...' Lechtenberger was cut off by an objection from Hobson, which was sustained by Gleason. 'That's offensive,' said a stunned onlooker in the gallery. The jurors - 10 whites and two Hispanics - were quick to make each of their decisions on convictions and jail time, spending a little less than three hours deliberating."

According to the A-J, "The sentence offered a brief, shining moment of happiness for former Tulia defendants in the back of the courtroom, who peered on with hopeful faces. Then, Judge David Gleason finished reading the verdict. Indeed, as quickly as their glee erupted, it just as soon faded when they learned of the jury's recommendation to probate the sentence. The judge will later rule on the length and terms of the probation."

The trial was disappointing in many ways but it did serve a good purpose. As the A-J reported, "'In Tulia, it's bigger than Tom Coleman,' said Gerrod Ervine, 23, who was convicted in the Tulia sting. 'It's a system. They just got one of their soldiers ( Coleman. )' With most of the case serving as a post-mortem media feeding frenzy, the search for answers to questions left over spilled into the fifth floor of the Lubbock County Courthouse where attorneys reflected on the legal effort in the case. As many of the questions focused on whether any other justice might be sought for the drug bust gone awry, Hobson said he was happy with getting more information out about what happened in Tulia. 'I think the people know a lot more about what happened in Tulia than they did before this case started,' he said. On Tuesday and Wednesday, Swisher County Sheriff Larry Stewart testified. In the midst of his testimony, Hobson asked Gleason to appoint an attorney for Stewart because of potentially perjurious testimony. Although nothing more was said about Stewart's statement, Hobson said determining whether Stewart lied on the stand would be up to Lubbock County Criminal District Attorney Bill Sowder and a grand jury."

A settlement has been reached in the Tulia drug sting case. According to the New York Times on March 11, 2004 ( "$5 Million Settlement Ends Case Of Tainted Texas Sting"), "Five years after 46 people, almost all of them black, were arrested on fabricated drug charges in Tulia, Tex., their ordeal will draw to a close today with the announcement of a $5 million settlement in their civil suit and the disbandment of a federally financed 26-county narcotics task force responsible for the arrests."

The Times reported that "'This is undoubtedly that last major chapter in the Tulia story, and this will conclude the efforts of people in Tulia to get some compensation and justice,' said Jeff Blackburn, a lawyer in Amarillo who represented the people arrested five years ago in the civil suit. 'With the abolition of the task force, it completely closes the circle on what was done.' Mr. Blackburn added that the Panhandle Regional Narcotics Trafficking Task Force failed adequately to supervise the agent, Tom Coleman, in its eagerness to win battles in the war on drugs."

The Times noted that "The $5 million will be divided among 45 former defendants based on a formula that will take account of whether they served time in prison and how long. One defendant has since died. The settlement will be paid by the City of Amarillo, which had a leading role in running the task force. Marcus W. Norris, the city attorney, said many drug task forces in Texas were poorly organized and governed. That led, he said, to poor supervision of Mr. Coleman in Tulia, a lack of accountability and catastrophic misjudgments. 'There's a lesson here,' Mr. Norris said, 'that cities should be very careful about these alliances.' Mr. Coleman, who was named Texas Lawman of the Year in 1999 for his work in Tulia, will go on trial on perjury charges in May. He has pleaded not guilty. Jon Mark Hogg, a lawyer for Mr. Coleman, declined to comment on the civil settlement."

A settlement has been reached with Amarillo, however negotiations continue with other Texas counties and cities. According to an Associated Press story carried by the Charlotte Observer on March 12, 2004 ( "Amarillo Admits Drug Sting Had Erred"), "Kizzie White, who will receive part of the settlement, said Thursday she is satisfied with it and is especially glad to see the task force disbanded. 'They need to be gone, and let the city and county do the job,' said White, who spent four years behind bars and was released in 2003. 'The money is good, too, but that can't bring back the time I missed with my kids.' Mediation is ongoing with others named in the lawsuit -- 26 counties and three cities involved with the Panhandle Regional Narcotics Trafficking Task Force. Swisher County officials earlier approved a $250,000 settlement for those imprisoned based on Coleman's testimony in exchange for the defendants promising not to sue the county. Coleman no longer is an officer."

Louisville, KY is the site of protests over the police killing of yet another young black man. The Guardian newspaper reported on Jan. 9, 2004 ( "Protest Of KY Suspect Shooting Gets Tense") that "A protest following the death of a black teenager who was shot three times in the back by a white police officer turned violent Thursday, with demonstrators breaking windows of the police chief's office. About 400 people gathered outside Louisville Metro Police headquarters to protest the Saturday night shooting death of 19-year-old Michael Newby. Newby was shot in the back by undercover police officer McKenzie G. Mattingly. Police said Mattingly was trying to buy drugs from Newby when the deal went wrong, and Newby was shot after the two struggled for Mattingly's gun. It was the second killing of a black man by a white police officer in the city in just over a year."

The FBI has begun an investigation into the incident. The Owensboro Messenger-Inquirer reported on Jan. 7, 2004 ( "FBI Joins Probe Into Fatal Shooting Of Teen By Police") that "Federal officials are investigating the fatal shooting of a black teenager shot in the back last week by a Louisville police officer, an FBI spokesman said Tuesday. 'We are going to conduct what we call a substantial investigation, and that means we will conduct a complete, independent, thorough and impartial investigation of the matter,' David Beyer, an FBI spokesman in Louisville, said in a phone interview. Beyer said the investigation was initiated early this week."

Calls for patience as the investigation progresses are being met with skepticism and anger. The Messenger-Inquirer noted that "The call for patience incensed some civil rights leaders who have protested the Louisville police in the past. Newby was the seventh black man to be shot and killed by Louisville police in the past five years. 'We have too many of our young black men dying unnecessarily by a police department that is corrupt to the core,' said the Rev. James Tennyson, a local pastor and activist. The Justice Resource Center, headed by the Rev. Louis Coleman, met with Newby's family on Monday and recommended that the family sue the city. It was not known Tuesday whether the family would heed Coleman's advice. 'It's up to them. We've encouraged them to fight this as hard as they can,' Coleman said."

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The police shooting of an unarmed Columbus, GA man has sparked a controversy locally and nationally over the question of racially biased law enforcement, with the FBI beginning an investigation of the incident. The Columbus Ledger-Enquirer reported on Dec. 17, 2003 ( "FBI Starts Preliminary Probe") that "The Federal Bureau of Investigation has begun a preliminary inquiry into the fatal shooting of an unarmed Columbus man by a deputy sheriff. The federal agency became involved at the request of Muscogee County Sheriff Ralph Johnson. 'I feel this is the proper, procedural process for the citizens to continue to have confidence in this office,' Johnson said during a Tuesday afternoon press conference at the Government Center. The announcement comes a day after a coalition of area churches called for a federal inquiry into the death of Kenneth B. Walker, a 39-year-old father and husband. Some community leaders have also called for an investigation into the department's search and seizure procedures and for the sheriff to step aside during the investigation."

Previously, the state's investigative agency had taken charge of the investigation. The Athens Banner-Herald reported on Dec. 14, 2003 ( "GBI Takes Over Muscogee Shooting Probe") that "The Georgia Bureau of Investigation has assumed control of the probe into the shooting of an unarmed man by a Muscogee County Sheriff's deputy. Muscogee County Sheriff Ralph Johnson said Friday he almost has finished his own investigation of Wednesday night's incident on Interstate 185 in which a deputy sheriff shot and killed an unarmed 39-year-old Columbus man."

According to the Banner-Herald, "Walker and three friends were pulled over in their gray GMC Yukon Wednesday night. Officers with guns drawn ordered the four men, 'Get on the ground! Get on the ground! Get on the ground!' and 'Let me see your hands!' Walker's three companions apparently complied with the commands, but Walker provided 'some resistance,' according to the sheriff's account. Although Walker was on the ground, his right hand couldn't be seen by the officers, Johnson said. The deputy fired at least two shots, including the fatal shot to Walker's head. No gun was found in the Yukon. Walker died during surgery about 2:25 a.m. Thursday. The other three men were released. On Thursday, Johnson called the incident 'a tragic day for the family of the deceased and for my office and for the city of Columbus.' Walker's family and friends say they want to know why he was shot and why they didn't find out until nearly four hours later. Mother Emily Walker said she was called to the hospital after 1 a.m. Thursday. He died before she and Walker's wife located him in the hospital. 'There are so many unanswered questions,' said Emily Walker."

The incident has been cast by officials as stemming from a case of mistaken identity, which others -- including an attorney for the Walker family -- dispute. The Columbus Ledger-Enquirer reported on Dec. 13, 2003 ( "Sheriff Denies Race As Factor In Interstate Shooting") that "The tragic incident began when Walker, a former Kendrick High School bsketball star working for Blue Cross and Blue Shield, met three friends after work Wednesday evening. The four men gathered at Applebee's at Gentian Boulevard and University Avenue, part of their ritual weekly get-together. They usually followed happy hour at Applebee's with a journey to El Vaquero, a Mexican Restaurant in Cross Country Plaza, for its margarita specials. Walker left his car at Applebee's and rode with the others in Carver High School basketball coach Warren Beaulah's GMC Yukon, but a Walker family friend said on this night the men departed from their usual script. They stopped at the Northwoods Apartments on Armour Road, where one of the men asked a resident to give him a ride to work Thursday morning -- then the four took off again to El Vaquero's. Walker and his friends apparently didn't know that the Metro Narcotics Task Force had one of the Northwoods Apartments units under surveillance as a site where drug deals were transacted. The drug investigation also included a tip from an informant that the suspected drug dealers' source of contraband would be arriving in a gray GMC Yukon, which would be occupied by armed people from Miami. When Beaulah drove his vehicle from the apartment parking lot at 5000 Armour Road, he was followed by officers. He turned onto Manchester Expressway, then headed south on I-185 toward Macon Road when officers hit their blue lights and pulled the SUV over against the sound barrier wall. Officers with guns drawn ordered the four men, "Get on the ground! Get on the ground! Get on the ground!" and "Let me see your hands!" Walker's three companions apparently complied with the commands, but Walker provided "some resistance," according to the sheriff's account. Although Walker was on the ground, his right hand couldn't be seen by the officers, he said. At least two gunshots rang out on that roadside about 9:30 p.m. -- one shot striking Walker in the head and the other passing through his right shirt sleeve. An ambulance rushed Walker to The Medical Center, where he died during surgery about 2:25 a.m. Thursday. Beaulah and the other two men were taken in separate cars to the sheriff's department, where they were questioned and detained in a holding cell for six hours. They didn't discover until after they were released that Walker had died. During a morning radio show Friday, a caller who identified himself as having been a passenger in the Yukon offered an account of the traffic stop and the shooting that followed. "The way they had the guns in the faces and without not saying anything and we not understanding what was going on, it was very confusing," the man told Michael Soul, host of Foxie 105's "Breakfast Jam." "It was very scary and you basically didn't know what to do. You felt like if you even tried to turn your face from one side to the other, they'd shoot you. It was that scary." Soul described the caller's reenactment as "chilling" and "sickening." Columbus attorney Derrell Dowdell said he and attorney Gary Parker were asked by the Walker family to ensure that an independent investigation was made into Kenneth Walker's death, but Dowdell wants federal intervention. "We're seeking a thorough investigation by the U.S. Justice Department or by the FBI," he said Friday. Dowdell said he would provide witnesses, other than the passengers in the Yukon, who could testify that all four men were "ambushed" by law enforcement the night of the incident. "They will testify that Walker didn't physically or verbally disobey any command by any law enforcement officer," Dowdell said. "The evidence will show these young men were physically removed from the vehicle, had guns touching portions of their body and were shoved to the ground and placed in a prone position.""

National civil rights figures have also taken note of the incident. The Ledger-Enquirer reported on Dec. 18, 2003 ( "Sharpton Plans To Visit Columbus Over Shooting") that "The Rev. Al Sharpton, a national civil rights leader and presidential candidate, is heading to Columbus. He's accepted an invitation to visit the area sometime in the next 10 days, a National Action Network representative said Wednesday during a news conference. The NAN, headed locally and statewide by Columbus' A.D. Carter, is the activist organization Sharpton heads nationally. Sharpton is expected to address last week's shooting death of Kenneth B. Walker, a black Columbus resident whose funeral was Tuesday. "A lot of people feel we need some national presence. This issue is not isolated in the country," Carter said, speaking at Spirit Filled Ministries."

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Twelve of the Tulia defendants, wrongfully convicted on the word of a sole, now-indicted narc, were set free in June, 2003. As reported by the Winnipeg Free Press on June 17, 2003 ( "12 Jailed In Drug Bust Set Free, Agent Indicted"), "After as much as four years behind bars, 12 people sent to prison in a drug bust that brought cries of racism in this Texas Panhandle town were freed yesterday by a judge who said they were railroaded by a white undercover agent. 'I got something to smile about today,' Freddie Brookins said after the release of his son, Freddie Jr . The 11 black defendants and one white defendant were released on bail while they pursue their appeals. But a special prosecutor has said he will dismiss all charges if the Texas Court of Criminal Appeals grants them new trials. The racially charged case tore apart this town of 5,000 people and led to investigations by the U.S. Justice Department and the Texas Attorney General's office. A bill passed by the legislature and signed by Gov. Rick Perry two weeks ago cleared the way for the defendants' release while their cases were still on appeal. 'There are a great number of people who have a great deal of time, effort and faith in each of you invested,' state Judge Ron Chapman, who was brought out of retirement to preside over a review of the case. The undercover agent, Tom Coleman, who worked for a regional drug task force, has been indicted on perjury charges. All 12 were released from the Swisher County Jail on personal recognizance bonds. The judge has recommended the appeals court overturn all convictions."

Supporters and rights activists were pleased, yet concerned that there are many more victims of injustice lingering behind bars. A story by United Press International on June 16, 2003 ( "Analysis - Are There More Tulias Out There?") reported that "'Who knows how many other Tulias are out there,' said Vanita Gupta, an attorney with the NAACP Legal Defense Fund, who has worked on the case along with scores of other lawyers. The factors behind the arrests in Tulia are at play in the criminal justice system across the nation, she told United Press International. They include inadequate indigent defense systems, unchecked prosecutorial misconduct and racial bias, she said."

One Texas legislator is calling for an Innocence Commission to look into other cases where innocent victims may have been wrongfully convicted and imprisoned. According to UPI, "Questions have more recently been raised about the so-called 'fake drug' arrests in Dallas and the DNA work of the Houston Police Crime Lab, which involves death row cases. A Houston senator wonders how many others there are. 'The only reason we know about the problems in Tulia, Dallas and Houston is because it makes good press,' he said. 'But what happens when it is just one person who is wrongfully convicted? Nothing, they sit in jail.' Ellis wants an innocence commission established in Texas to investigate what went wrong in such cases just the National Transportation Safety Board does in plane crashes. 'I am glad to see these people released here today,' he said. 'Their plight should serve as a stark reminder that this can happen anywhere to anybody. We have a duty to prevent it from ever happening again.'"

Will justice finally start being served? The Austin American-Statesman reported on April 29, 2003 ( "One Bad Agent, One Failed System Of Justice In Tulia") that a Swisher County, TX grand jury indicted Tom Coleman the week before "on three felony perjury charges accusing him of lying on the witness stand in March." According to the American-Statesman, "According to the indictment, Coleman testified he learned he was facing theft charges in August 1998 when Swisher County Sheriff Larry Stewart told him there was a warrant for his arrest. But other testimony he gave and evidence indicated Coleman knew months earlier -- in May 1998 -- about the theft charge. Before working undercover in Swisher County, Coleman had been a deputy in Cochran County. That county had issued a warrant for his arrest in the summer of 1998 for stealing county-owned gasoline two years before. Charges were dismissed after Coleman made restitution. The indictment also stated that Coleman lied about whether he told the Texas Commission on Law Enforcement Officer Standards and Education, as required, that he had been arrested."

The American-Statesman points out however that this case is about more than just Tom Coleman. The note:
"Coleman was the lone undercover agent in the 1999 drug busts that resulted in the arrests of nearly a tenth of Tulia's small African American population. His uncorroborated testimony convicted 38 people, sending more than two dozen to prison for terms ranging from 20 years to 90 years. Thirteen defendants are languishing in prison despite a judge's recommendation this month to the Texas Court of Criminal Appeals that convictions of the Tulia 38 be thrown out. The indictments are another indication that justice in Tulia certainly was deaf and dumb, but hardly blind. White jury after white jury convicted black residents solely on the say-so of Coleman, who is white. It's heartening to see a grand jury finally deal with a rogue cop whose apparent lies stole years of people's lives. But it shouldn't end with Coleman, a small fish. A grand jury should now focus on the bigger members of that school -- the prosecutors, sheriff and others -- who robbed defendants of their right to a fair trial by suppressing evidence about Coleman's tainted law enforcement record."

Hearing For Four Tulia Defendants Challenges Narc's Testimony

Four of the Tulia, TX defendants convicted on the testimony of former undercover cop Tom Coleman are back in court to determine if there is any evidence of actual guilt. The Amarillo Globe-News reported on March 18, 2003 ( "Hearings Begin On '99 Drug Bust") that "Evidentiary hearings on the controversial 1999 Tulia drug bust kicked off Monday with a full house and witnesses questioning the integrity of the undercover officer who made the cases. The 242nd District courtroom was packed with spectators and attorneys in town for evidentiary hearings in the writ of habeas corpus appeals of four of the people convicted in the sting. The four defendants - Jason Jerome Williams, Christopher Eugene Jackson, Freddie Brookins Jr. and Joe Moore - all sat quietly to hear testimony that mostly called into question the honesty of their accuser, Tom Coleman. The four men were convicted and received sentences ranging from 20 to 90 years in prison. The cases of the four men were upheld on direct appeal, but the habeas corpus appeals of the four men were remanded back to Tulia last year."

The defense presented a number of witnesses who appeared to agree with the contention that Coleman could not be trusted. The New York Times reported on March 18, 2003 ( "Texas Cases Challenged Over Officer's Testimony") that "The proceedings started with lawyers for the jailed residents calling a parade of law enforcement officials who testified to Mr. Coleman's poor character and odd conduct. Ori White, the district attorney for Pecos County, who had litigated a divorce case against Mr. Coleman while in private practice, said, 'I do not believe Tom Coleman is an honest individual.' Mr. White said Mr. Coleman owned an illegal machine gun and that he so feared for his safety in the divorce case that he wore a bulletproof vest to court. Bruce Wilson, who was the sheriff of Pecos County for 16 years and for 5 years in the early 1990s was Mr. Coleman's boss said, 'You just couldn't depend on what he told you.' Juan Castro, the police chief of Fort Stockton, said Mr. Coleman was 'a paranoid gun nut.' Samuel Esparza, an investigator for the police department there, testified that Mr. Coleman was a racist. Mr. Coleman, who is now a private investigator, was not present today, has an unlisted phone number and could not be reached for comment. He is expected to testify on Wednesday."

Coleman's own testimony in an earlier case also seems to call his veracity into question. Again according to the Times, "Mr. Coleman, who was named the state's Lawman of the Year in 1999, used unorthodox methods. He worked alone and did not tape record his drug buys. No drugs, weapons or large sums of cash were found in the arrests among the network of drug traffickers Mr. Coleman said he had identified. He described his methods in a 2001 deposition in a civil rights case brought by one of the defendants in the sweeps, which the county later settled for an undisclosed sum. When he bought drugs, Mr. Coleman said, 'I would put them in my sock, and write down the time and the date, and if I had a street name, first name, subject in a green pickup, whatever I had -- because I didn't know none of these people.' Whatever he had to go on, he said, 'I wrote on my leg.' Mr. Coleman was less than categorical when asked in the civil case whether he stood by the truthfulness of his earlier testimony. 'That can be questionable,' he said in his deposition. 'I mean, I have read over my testimony, and some of that stuff in there is, like, totally out in left field.' Lawyers for the defendants say there is a name for that patch of field. They call it perjury."

The death of Alberta Spruill, resulting from a raid on her apartment by overzealous cops acting on bad information, has been rulted a homicide, the Detroit Free Press reported on May 28, 2003 ( "Mistaken Raid Death Is Ruled A Homicide").

Background on the story: The NY Times reported on May 17, 2003 ( "Woman Dies After Police Mistakenly Raid Her Apartment"), that "A 57-year-old Harlem woman preparing to leave for her longtime city government job died of a heart attack yesterday morning after police officers broke down her door and threw a concussion grenade into her apartment, the police commissioner said. They were acting on what appeared to be bad information about guns and drugs in the apartment. Commissioner Raymond W. Kelly apologized to the family of the woman, Alberta Spruill, and said he had ordered an investigation of the entire incident and suspended the use of the grenades, which are meant to stun and disorient people with a loud noise and a flash. He said that he had reassigned the lieutenant who made the decision to use the grenade to administrative duties, pending the investigation, and that he would review how the grenades were used and search warrants carried out. Mr. Kelly said that the officers were executing what is known as a no-knock search warrant based on information provided by a drug dealer, who told the police that his supplier stored guns and drugs in Apartment 6F at 310 West 143rd Street. The dealer had told the police that he had seen armed people in the apartment on three occasions and that there were dogs inside, Mr. Kelly said. But in the raid at 6:10 a.m., the officers found only Ms. Spruill, and realized the information was wrong."

According to the Times, "Ms. Spruill, whom relatives and neighbors called hardworking and devout and someone who minded her own business, was a city employee for 29 years. Her job at the Division of Citywide Administrative Services included maintaining lists of candidates for civil service jobs, including police officers. Mayor Michael R. Bloomberg said that what had happened was tragic and 'a terrible episode,' and said in a statement that he joined all city employees in grieving for Ms. Spruill. Neighbors and several elected officials questioned the department's tactics. 'Obviously it's slipshod police work,' said State Assemblyman Keith Wright, who added, 'I'm sorry to say, but these things happen all too often in this neighborhood.' At a news conference seven hours after Ms. Spruill's death, Mr. Kelly said it did not appear that the drug dealer had given any previous information to the department, although he was registered as a confidential informant. The commissioner also said that it was unclear whether the officers involved in the raid, who were from the 25th Precinct, conducted any surveillance of the building or the apartment before executing the search warrant, which was signed by Judge Patricia M. Nunez of Criminal Court."

Clayton Helriggle, 23, was shot to death by a police SWAT team during a raid on his Lanier Township, Ohio home on Sept. 27, 2002. According to the Dayton Daily News on Oct. 5, 2002 ( "Tip Led To Deadly Raid In Preble"), "A tip from an informant about marijuana trafficking led Preble County authorities to send the sheriff's emergency services unit on a surprise drug raid to a rural farmhouse on Sept. 27, Sheriff Tom Hayes said Friday. The specially trained police squad rarely is assigned to serve a search warrant, Hayes said."

As the Daily News reported, "Minutes after the officers forced their way into Clayton J. Helriggle's rented farmhouse at 1282 Ohio 503 outside West Alexandria, a Lewisburg police sergeant assigned to the group shot and killed the 23-year-old man. The officer, 41-year-old Sgt. Kent Moore, has been placed on administrative leave while Montgomery County sheriff's officers investigate Helriggle's death, Lewisburg Police Chief John Wright said. 'He is in seclusion,' Wright said Friday. 'Naturally, he's taking it very hard.' Moore, a Lewisburg police officer since 1983, also is a certified weapons instructor who serves as a sheriff's deputy when the Preble County emergency services unit is activated."

Some details of the incident are being kept from public view for the time being, the Daily News article reported. "Eaton Municipal Judge Paul Henry approved a search warrant earlier on Sept. 27. On Monday, he ordered it sealed until the investigation is complete."

An initial report on the death issued by the Preble County Sheriff's Department has been released, according to an article in the Eaton, OH Register-Herald on Oct. 9, 2002 ( "Shooting Incident Report Released"). The Register-Herald reported that "The facts of that report are being questioned and contradicted by Helriggle's family and those who were at the residence. A group of Helriggle's friends protested the shooting for more than a week, claiming it was unjustified. The incident has become a widespread controversy fueled by various media reports and contradicting accounts of the incident. Meanwhile, the Montgomery County Sheriff's Office continues its investigation and the officer remains on administrative leave." According to the Register-Herald, "The search warrant, according to Hayes, was not a 'no knock' warrant. He added, when officers approached the residence, they did knock on the door and announce themselves. He added, however, officers did not receive a response and eventually entered the residence through an unlocked back door. Hayes also stated, because the investigation led them to believe 'up to a dozen people' may have been at the house, the situation was considered a 'high-risk' operation. Therefore, he stated, the Emergency Services Unit was used and took all necessary precautions, including full protective gear."

Yet, again as the Register-Herald reported, "Hayes also stated, those expected to be at the residence did not have any prior violations involving weapons or other assault-related incidents. Although only a small number of drug-related items were found in the home, the sheriff's office believes more intense drug-related activity was going on in the residence."

In fact, according to another article in the Dayton Daily News on Oct. 4, 2002 ( "Lewisburg Officer Involved In Shooting Identified"), "Deputies from both counties executed the search warrant Sept. 28 and the Preble County report notes that they confiscated a small amount of marijuana, two containers of pills, several pipes, rolling papers and plastic sandwich bags. Weapons also were seized, including a 12-gauge shotgun, BB gun, ornamental sword, knives, a hatchet and a grenade. Investigators also confiscated wallets containing $469 and $288.56. Helriggle's roommates were jailed the night of the shooting and released about 1:30 a.m. No one has been charged."

The question of whether officers properly identified themselves is also in dispute. According to the Daily News, "Family and friends of Helriggle said this week that they dispute police accounts, especially about how officers entered the farmhouse and what Helriggle was carrying in his right hand as he descended the stairs and was shot by Moore. Officers said they knocked on the door and identified themselves as sheriff's officers; Helriggle's roommates said they did not hear anything until a flash-bang grenade was tossed inside and police broke through the doors. Helriggle was unarmed, according to his roommates, and carrying a blue plastic cup of water. Law officers said he held a gun."

Family and friends of Clayton Helriggle have rallied to protest his death. The Eaton Register-Herald reported on Oct. 6, 2002 ( "Helriggle Family, Friends Protest Death") that "Nearly 30 people marched in front of the Preble County Courthouse for hours on Monday, Sept. 30, protesting the death last Friday of 23-year-old Clayton Helriggle. Helriggle was shot and killed during a drug raid near West Alexandria on Friday, Sept. 27. Since the incident, and as an investigation by Montgomery County authorities proceeds, two differing accounts have emerged. Officers at the scene said Helriggle approached with a handgun. Family and friends contend he held only a blue glass of water in his hand when a Preble County officer fired a single fatal round from a shotgun. The protest on Monday brought to light much of the family's belief about what happened. Helriggle's family and friends carried poster board signs professing 'They murdered my friend' and 'God won't forget.' Several carried blue cups, signifying what they believe the officers saw."

The investigation continues, and part of it is being carried out by authorities outside the area. The Middletown, OH Journal reported on Oct. 10, 2002 ( "Outsiders To Probe Preble Shooting") that "The Greene County prosecutor and his first assistant have been appointed special prosecutors in the case involving the Sept. 27 fatal shooting of Clayton J. Helriggle by a Preble County Emergency Services Unit member. Helriggle, 23, was shot during a drug raid at his home south of West Alexandria. Preble County Prosecutor Rebecca J. Ferguson voluntarily handed the case over to William Schenck on Wednesday after speaking with Helriggle's family, according to a media release from her office. Suzanne Schmidt, first assistant prosecutor in the Greene County office, will assist Schenck. No one from either office could be reached for comment. Preble County Sheriff Tom Hayes turned the investigation over to Montgomery County Sheriff Dave Vore's office. Vore has said the results of criminal and administrative investigations could take weeks."

The incident was the subject of a column by Steve Stephens of the Columbus (OH) Dispatch on Oct. 7, 2002 ( "War On Drugs Can Claim A Deadly Victory"). As Stephens put it, "Pot-smoking Ohioans already get off easy, say opponents of Issue 1, which would mandate rehab instead of jail for some users. For Clayton Helriggle, however, the penalty was death. On Sept. 27, the doors of his Preble County home were kicked in by masked, heavily armed men. One shot Helriggle in the chest. The intruders belonged to a SWAT team -- 'lawmen,' so to speak, from several Preble County jurisdictions. They were seeking drugs and found some -- a tiny bit of marijuana. They also found a couple of pot pipes and 'quantities of packaging items used in the distribution of marijuana,' i.e., sandwich bags. Helriggle was buried a week ago."

The shooting death by police of 20-year-old Jose Colon in Suffolk, NY, continues to generate controversy. New York Newsday reported on April 27, 2002 ( "Cops' Account Disputed Again") that "A second witness in the fatal shooting of Jose Colon -- who Suffolk police have said was accidentally killed by an officer during a drug raid in Bellport April 19 -- has come forward to dispute the police's version of events. Rahmel Pressley, 18, who lives directly across the street from the suspected drug house on Doane Avenue, said he was walking home from a friend's house about 10:30 p.m. when he saw the patrol cars pull up and the helicopter hover overhead."

Newsday continues:
"A detective pushed him into a car and demanded to know who he was and what he was doing, Pressley said on Friday. When he told the detective that he was trying to get home, the detective escorted him up the block.
"That's when Pressley, who said he was standing about 30 yards away, looked diagonally across the street and saw officers standing, knees bent, in formation outside the tumble-down blue house.
"Looking again, Pressley said he saw Colon emerge from the front door. He appeared to be heading down the three steps when the shots were fired. Officers 'were standing there, crouched,' Pressley said.
"Colon's girlfriend, Lydia Sierra, 17, of Patchogue, told Newsday on Thursday that officers were already frozen in position before Colon or Aaron Hatcher -- who police said stepped out first -- exited the house.
"Sierra said she couldn't hear officers yelling at the two to get down and only heard the helicopter and the crackle of gunfire.
"That, police contend, counters the signed statement she gave officers. In that statement, police said, Sierra wrote that she heard the officers telling the men to get down on the ground.
"Police declined to comment on Pressley's account."

Newsday notes that the community of Bellport is enraged by Colon's death at the hands of police, and many are calling for appointment of a special investigator. According to Newsday, "about 50 friends and relatives of Colon, who gathered on Friday at noon to protest the shooting outside Suffolk's Fifth Precinct in Patchogue, said they don't believe police have been honest about what happened. 'I want justice for my son because he was murdered in cold blood,' Colon's father, Juan Colon, said, calling for a special independent investigator. 'We can't have cops investigating cops,' he said. Colon also said Suffolk District Attorney Thomas Spota is too close to the police department to conduct an impartial investigation. During the hour-long demonstration, two officers sat and watched in a patrol car nearby. Colon's father said he doesn't distrust all police officers and understands the important role they must play in communities such as Bellport. But, added the Rev. Allen Ramirez of Brookville Reformed Church, who took part in the protest, many in Bellport believe they are treated like criminals simply because of where they live. 'We need for police to communicate why they police our communities the way they do for us to trust them,' Ramirez said. 'Assigning a special investigator in this case would help develop that trust.'"

Colon's mother, meanwhile, has filed suit against the Suffolk police in the case. As Newsday reported on May 1, 2002 ( "Mom Sues Suffolk, Police Dept."), "The mother of Jose Colon, who Suffolk police said was accidentally shot and killed by an officer during a drug raid in Bellport on April 19, has filed papers to sue both Suffolk County and its police department for his death. 'I am hoping that the new District Attorney Thomas Spota will conduct a comprehensive and thorough investigation,' said Colon's mother, Kathleen Seaton of East Patchogue, 'and I am confidently hoping that those responsible are held accountable for the death of my son.'"

According to Newsday, "'Irrespective of whether this was an accident or not, the family deserves just compensation,' said attorney Ted Rosenberg of Holtsville, who, along with William LaVelle of Patchogue, is representing Seaton. Seaton's notice of intent to sue served Monday does not specify a dollar amount, but reserves the right to bring the wrongful death civil suit within the next 90 days, LaVelle said. LaVelle said he and Rosenberg are hoping to question the officers who took part in the raid, and are also awaiting the results of ballistics and toxicology tests. LaVelle and Rosenberg said they have hired an investigator to look into the tactics employed by police during and after the raid. Of particular concern, LaVelle said, is that at least one officer was armed with 'military-type' weapons, which he called excessive, because police were executing a search warrant of a house where only marijuana was believed to be sold."

Charges were dropped against one of the last remaining defendants yet to stand trial on charges arising from the infamous Tulia drug sting. As the Amarillo Globe-News reported on April 10, 2002 ( "Newly Uncovered Evidence Frees Defendant In Tulia Drug Sting"), "One of the last defendants from the controversial 1999 Tulia drug sting was freed Tuesday on newly uncovered evidence that put her in Oklahoma City at the time she allegedly sold illegal drugs."

According to the Globe-News, "Tonya Michelle White, 33, was expected to go on trial Tuesday for allegedly selling cocaine to an undercover agent Tom Coleman. That won't happen after an emergency grand jury took one hour to decide not to indict White. The hearing came after District Attorney Terry McEachern received new evidence that showed White made bank transactions and phone calls within hours of the alleged 10:15 a.m. Oct. 9, 1998, drug deal with Coleman."

The Globe-News noted that "White was one of 46 defendants - 39 of whom are black - who were indicted in July 1999 after an 18-month undercover investigation that sparked a firestorm of controversy. White was not arrested until last year, when she turned herself over to authorities, and she was later released on a $25,000 bond. Fellow defendant Zury Bossett remains to be tried in the case." According to the Globe-News, "White's attorney, Jeff Blackburn of Amarillo, said the evidence proved it was more than a minor inconsistency. 'Now we know it's ( the case ) a total lie,' he said. 'To say it's an inconsistency is like saying the Empire State Building is kind of big.'"

Blackburn was able to elaborate on the case in an article in the New York Times on April 12, 2002 ( "Drug Charge Dropped In Case Criticized By Rights Groups"): "Jeff Blackburn, a lawyer for Ms. White, said the charge against her that was dismissed on Tuesday further undermined the credibility of the undercover agent in the Tulia operation, Tom Coleman. In nearly every case, Mr. Coleman was the lone witness and provided the only evidence in winning convictions. One case has been dropped because of false identification. Critics say Mr. Coleman operated with almost no oversight. Former colleagues described him in documents in a dispute over custody of his children as a compulsive liar. Mr. Coleman has also been charged with misdemeanor theft of gas from a government pump while he was a sheriff's deputy. 'This is the first time that we have proven through direct evidence that he made up an accusation against someone,' Mr. Blackburn said of the White case. Last year, state lawmakers passed legislation known as the Tulia law that prohibits convicting a defendant solely on the testimony of an undercover agent."

People involved with the Tulia defendants are hopeful for more positive outcomes. As the Times reported, "Mr. Blackburn said the White case could provide grounds to overturn other convictions. Already, national groups like the William Moses Kunstler Fund for Racial Justice and the American Civil Liberties Union have gotten involved. Vanita Gupta, a spokeswoman for the NAACP Legal Defense and Educational Fund Inc., said her group was representing two defendants in their appeals and had found lawyers in Washington or New York for the other 18 defendants who are in prison."

A police scandal in Dallas, TX has resulted in at least two dozen criminal cases being suspended, according to the New York Times on Jan. 16, 2002 ( "Fake Drugs Force An End To 24 Cases In Dallas"). The Times reported that "Nearly half of the cocaine and nearly a quarter of the methamphetamine that the Dallas police seized last year have turned out to be gypsum from wallboard, a discovery that has led to the suspension of two dozen criminal cases, local officials say. All the cases involve a single unidentified informer who has received at least $200,000 from the Dallas Police Department over the last two years, officials confirmed last week. The supposed drugs tested positive in field tests after the arrests, they said, but more sophisticated testing done later in preparation for trial found no more than traces of drugs."

The scale of the case is rather large. According to the Times, "Investigators have found more than 660 pounds of fake cocaine and at least 22 pounds of fake methamphetamine. Some of those arrested have already spent up to six months in jail and at least four have been deported on charges that could have resulted in sentences from five years to life in prison." A great number of cases may be affected. The Times again: "Janice Houston, a spokeswoman for the police department, said today that at least 70 drug purchases associated with the unnamed informer over the past two years would be reviewed. But Ms. Houston would not comment on the possibility that the evidence in question might have been tampered with while under police custody. 'We have an investigation under way,' she said, 'and it's just too early to speculate on where the problem might be.'"

Additionally, allegations have arisen of racial bias in this case. According to the Times, "All 18 people named in the two dozen suspended prosecutions have Hispanic surnames, prompting accusations of racial profiling from the Mexican Consulate here and Hispanic organizations." According to a report in the Rocky Mountain News on January 22, 2002 ( "Hispanics Were Targets In Drug Cases, Attorneys Say"), "Outrage in the legal community appears to be growing, as District Attorney Bill Hill announced that his office is working to dismiss 59 cases, some involving two Dallas police undercover narcotics officers who are on administrative leave and at least one paid confidential informant who no longer works for the department. Thirty-nine people h

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