Never Again: Criminal Justice Reformers Rally in Tulia


See also the Austin Chronicle coverage of the Tulia Freedom Rally.

 

By Chris Macleod

 

Then the judge called the sinners to answer for their crimes

Valley justice is swift; it didn’t take much time

And the judge said guilty, 99 to life

And the sinners were black, the courthouse white

¾ from “A Valley Tale,” by Brad Carter, Tulia Friend of Justice

 

At midnight on July 22, 150 activists boarded charter buses in Austin, bound for Tulia, Texas, the site of one of the most infamous drug raids in recent memory. Two years earlier, police had conducted dawn raids on Tulia’s West Side, eventually jailing 42 people, most of whom are black. The arrests came after 18 months of undercover work by Tom Coleman, a shifty Texas Ranger wannabe with a rap sheet longer than many of those he accused. Coleman, giving new meaning to the LAPD slang term “testi-lying,” claimed he bought powder cocaine from the defendants – an eye-opener in itself since powder cocaine is notoriously expensive and most of the defendants were anything but rich -- but presented no corroborating evidence. District Attorney Terry McEachern filled in the gaping blanks, calling the defendants “scumbags,” and Tulia Herald editor Chris Russett uncritically reported McEachern’s words as truth. In a climate thus clouded by racial suspicion, white Tulia juries rubber-stamped the results. When the gavels crashed down, the defendants received sentences ranging from probation to 435 years in prison.

                Now, on the second anniversary of the bust, Texas criminal justice reformers gathered in Conner Park in Tulia to denounce the verdicts and show solidarity with the imprisoned and their families. The Tulia Friends of Justice, a biracial interfaith coalition formed in the wake of the sting to support the families and overturn the sentences, organized a rally on their home turf. The Austin-based Texas Network of Reform Groups chartered two buses to bring progressives to the rally.

                The buses drove eight hours to Lubbock, dropping off the Freedom Riders in Maxey Park for a press conference with local media. While organizers answered reporters’ questions, dreadlocked hippies, civil rights lawyers, giggling children and guitar-pickin’ folkies squirted each other with water pistols. 

At noon, the riders clambered back on the buses and headed for Formby State Jail and the Wheeler Substance Abuse Felony Punishment Facility in Plainview. The prison is a sprawling complex on the outskirts of town, festooned with razor wire. Notified in advance of our arrival, the warden and several unsmiling guards met us at the gate, refusing to allow us anywhere near the prison itself. The warden even insisted that we had no right to protest on state property, so we lined up along the road and thrust our signs – How many black people do we have to put in jail before we get white people to stop using drugs?” “Education not incarceration,” and so on – at passing cars, most of which were driven by guards who had been called into work because of the protest. Aside from the occasional smile or thumbs-up from visiting families, most of the other drivers looked puzzled, though one plaid shirt took his hands off the steering wheel long enough to execute the gesture that is the universal signal for “crazy.”

                Maybe so. The thermometer had long since surged past the century mark, and we sautéd in our own sweat. When we finally got back on the bus, the funk was palpable.

                So on to Tulia we went, pulling up to Conner Park an hour or so later. Four blue and red Tulia cruisers circled the park throughout the rally, insolent eyes in smug faces. The Unwelcoming Committee. A couple of state troopers orbited the block as well, allegiance unclear. Federal agents in stiff-brimmed cowboy hats patrolled the perimeter, two to a car. Friends? We wondered. Someone mentioned that the DPS had a riot squad on standby, just in case.

                As it turns out, they need not have worried. Part block party, folk festival, revival meeting, and political protest, the Tulia rally unfolded peacefully, even as speakers stripped away the veneer of decency shielding those responsible for the Tulia sting and others like it.

Will Harrell, Executive Director of the ACLU of Texas, spoke directly to the Tulia officers as the event began.

“The police who are circling and videotaping us right now need to know that we’re not going to leave Tulia, ever. We are going to make an imprint on the culture of this town for evermore. We physically may not be here tomorrow, but in spirit we are. The 46 people who were busted on the word of one unscrupulous man by the name of Tom Coleman, their spirit too goes with us.”

 Harrell also underlined the federal government’s complicity in the Tulia fiasco. The feds fund the regional narcotics task forces like the one that funded the sting in Tulia, giving police agencies an incentive to trample on citizens’ constitutional rights.

“It is strictly a game of numbers,” Harrell said. “The federal government does not care how you make the arrests or how you make the seizure. They simply want to see the numbers. So by the end of every year, each of the task forces that wishes to stay in business has to produce numbers – by any means necessary. We have to resist that – by any means necessary.”

Harrell echoed a theme hammered at over and over again by speakers and demonstrators: Tulia is not an isolated incident.

He noted that, “we’ve identified situations such as that of Tulia in at least eight other towns: Denton, Del Rio, San Angelo, Caldwell, Hearne, Austin, Wimberley. All over the state, regional narcotics task forces are operating on funds from the federal government to do exactly what happened in Tulia: to target minority communities and those who don’t have the money to put on an adequate defense.”

Alan Bean of the Friends of Justice stressed the human cost of punitive drug policies.

The most important thing that I want people to come away from this meeting with is an understanding that the men and women we are putting behind bars are people,” Bean said. “People with little boys and girls, mothers and fathers, sisters and brothers, lovers and friends. We want to put a personal face, not just on what happened in Tulia, but on what is happening across our nation.”

Bean read a letter written by a female victim of the Tulia bust, who described the circumstances of her arrest on the morning of July 23, 1999.

 “When they put me in the holding tank, I actually realized that I was in jail,” she wrote. “I had never been in trouble or in jail before. I was the first one arrested, but as I was sitting there, they started bringing all the blacks that I knew in. I was tripping out because half the people they arrested barely had a place to live. That’s when I knew it was a setup.”

She says that her faith in God has sustained her throughout the ordeal, and she believes that justice will be done.

“The devil likes the kind of work that Tom Coleman is doing, but Tom Coleman doesn’t realize that the battle is not ours, but the Lord’s,” she wrote.

Many drug reform activists joined the civil rights and civil liberties advocates who traveled the 10 hours to Tulia. Tracey Hayes of the Texas Network of Reform Groups organized the freedom ride, and says she hopes the furor over the raids will spur a reassessment of drug policy in America.

“Due to the serious nature of the circumstances in Tulia and the obvious and blatant injustice, I couldn’t call myself a drug policy reform activist without contributing to these efforts,” Hayes said.

Despite her own agenda, however, Hayes said her main motivation has nothing to do with political abstractions.

“This changed the genetic makeup of the town,” Hayes said. “That’s shocking. There was no drug evidence or significant amounts of cash found. That’s shocking. That they got 20 to 300 years, that’s shocking. That they were ripped away from their families, that there are over 50 children who don’t have parents due to incarceration, that’s shocking.”

Karen Heikkala, the November Coalition National Vigil Project Coordinator, helped Hayes organize the ride, said that she came to Tulia not to demonize the townspeople, but to make a broader point.

“It really isn’t just this town, although it’s an egregious example of what’s going on all across the country,” Heikkala said. “It’s poor people, vulnerable people, people who have been targeted and easily swept away behind bars.”

Heikkala hopes the rally will open some eyes, but wonders whether people unscathed by the Drug War will be able to identify with those snared by policies that overwhelmingly target poor minorities.

“They’re isolated in their world of convenience and privilege, and it’s difficult for them to see outside,” she said.

Not all of the out-of-towners came from Austin. Dorothy Gaines traveled from her hometown of Mobile, Alabama to support the Tulia accused. She knows how it feels to be railroaded. It happened to her.

Gaines went to prison for refusing to testify against an acquaintance of her ex-husband. Like many women sentenced for alleged drug crimes, she just didn’t have any information to give. The only evidence against her was the testimony of witnesses trying to bargain down their sentences, but that was enough to convict her and jail her for 20 years. She served six before then-President Clinton granted clemency in December 2000. She said she feels empathy with the Tulia prisoners.

Pointing to a display of photos showing everyday Americans imprisoned on drug charges, Gaines said, “This time last year, my picture was on that wall over there. Today I am free because I never stopped fighting my case.”

Gaines said only a long-term commitment by the assembled activists will overturn the crimes committed by police and prosecutors in Tulia.

“Do not let this be the last day that you come together,” she said. “Everyday you’ve got to fight and pound this wall, and eventually those 42 people will walk out of prison.”

The speeches that began at 6 p.m. lasted until after midnight as activists, ministers, civil rights leaders and family members of the Tulia prisoners paraded past the microphone to preach unity of purpose between the marchers and express solidarity with those in prison. Finally, as homes around the park darkened, the Rev. Edwin Sanders, founder of Nashville’s Metropolitan Interdenominational Church, stepped to the podium to deliver the final speech of the night. A veteran of the civil rights movement, Sanders told demonstrators that they had to search for the causes of Tulia not only outside of themselves, but also within.

“We can look at the criminal justice system and say ‘it’s them,’” Sanders said. “But it’s also us. And until we’re willing to deal with the ways in which we end up being the perpetuators, the ways that we end up being the ones who carry in so many subtle and unappreciated ways the stuff that is the baggage of racial fragmentation and division, we’re not going to be able to paint that new picture.”

As Sanders’ booming voice carried throughout the park, those who had drifted off throughout the rally recongregated beneath the tent as Sanders urged them not to succumb to frustration.

“One of the ways in which I find myself getting caught up way in which this vicious system which seems to be loosed to undermine and destroy the fabric of our communities and of the people of this nation. It’s something that too often sucks me into a posture where I have a retaliatory spirit, where I feel that you have to wage a war against the war. But one of the things that’s so important to realize is that we can -- rise -- above it. Because God is on our side.”

After Sanders spoke, we grabbed candles for the final event of the evening – a candlelight vigil on the steps of the Swisher County courthouse. The strains of “We Shall Overcome” began at the front of the line and floated back, as more and more marchers joined in. Tulians peeked curiously through screen doors as we walked past. The local police had blocked off every intersection along the route and stood flat-footed, arms folded, staring blankly at us as we shuffled along. The light bars flashed manically, in jarring contrast to the hymn we sang.

***

I can’t speak for everyone, but when the rally broke up minutes later, I didn’t feel like talking. I wondered: Will we one day remember this as a seminal event, a catalyst of real change? Or just another feeble protest against a system too powerful to reckon with? Cynicism is usually seen as a poison that accumulates over time and cannot be purged; that morning, I would have agreed. But I boarded the bus back to Austin feeling as the skepticism had been flushed out of me. Yeah, I’m young and impressionable, and I probably have a lot to learn besides, but something happened to me in Tulia, Texas. Before, I became involved with the ACLU because I felt a moral obligation to defend that which I believe is just. It wasn’t as if I was betting on the favorite. Now, I consider the possibility that we could win after all. Maybe I’m just a born-again naïf, like when I started college and honestly thought I could smite injustice with nothing sharper than the truth. Then again, maybe I’m onto something.