| Cases dismissed in drug bust targeted for racial abuses 04/04/2001 Associated Press Prosecutors in South Central Texas have dismissed 17 drug cases filed by a narcotics task force that was accused of targeting suspects because of their race.
But a district attorney said Wednesday that he had recommended the dismissals in the Hearne drug bust because of allegedly tainted evidence provided by an informant – not racial targeting by the South Central Narcotics Task Force.
Dismissals of the cocaine prosecutions came a week after the American Civil Liberties Union told the U.S. Justice Department that the task force violated civil rights of blacks amid the drug bust that led to 28 arrests. Eleven others pleaded guilty earlier to charges from last year's bust.
Robertson County District Attorney John Paschall said the informant in the other cases had failed a polygraph test and was suspected of tampering with evidence.
The ACLU's Texas chapter, which had challenged a Panhandle drug bust over alleged civil rights violations two years ago, amended its complaint in the Tulia, Texas case to include the Hearne arrests.
But Paschall denied that the civil rights group's efforts prompted the decision to dismiss the cases in Hearne, about 140 miles south of Dallas.
"Two weeks ahead of their alleged complaint, we had had some complaints made by the defense attorneys" in the cases, the prosecutor said. "We checked out the allegations. He failed the polygraph test."
A grand jury will meet April 10 to consider evidence involving the informant, Derrick Megress of Hearne. No charges have yet been filed.
William Harrell, the Texas ACLU chapter's executive director, told The New York Times he was pleased with the dismissals, but urged that the 11 who already entered guilty pleas in Hearne be permitted to withdraw those pleas and have their cases dismissed.
Twenty-seven of the Hearne defendants were black.
"We still believe that all of these people had their civil rights violated, and that the Justice Department should proceed with its investigation and sanction the task forces in Hearne and Tulia," said Harrell.
He did not immediately return a telephone call Wednesday from The Associated Press.
The Justice Department is investigating the Tulia, Texas bust, which brought national attention and questions about the way the state's drug task forces conduct investigations. Many of the 40 cases against black Tulia residents were based solely on the testimony of an undercover officer who himself was charged with theft and abuse of power during his 18-month investigation.
Paschall said his task force's work in Hearne, 20 miles northwest of Texas A&M University, will continue even though new charges will not be sought in the dismissed cases.
"They will likely re-offend," he said. "We won't worry about it too much."
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