This Should Make mrpaige Happy...Drug Scandal in Dallas

http://www.dallasnews.com/latestnews/stories/042303dnmetfakedrugs.aca8f.html

<B><font size=5>Charges expected in drug scandal</font>

<font size=4>Indictment of Dallas officer would be first in fake-narcotics case</font></b>

<I>By TODD BENSMAN / The Dallas Morning News

The attorney for a suspended Dallas police officer said Tuesday that federal authorities told him they will ask a grand jury to indict his client on charges of falsifying records in a series of bogus drug cases.

Senior Cpl. Mark Delapaz, a decorated undercover narcotics officer, has been on paid administrative leave since January 2002, when the FBI began investigating how paid confidential informants were able to set up dozens of innocent people on charges involving fake drugs.

A federal grand jury has been hearing witness testimony and reviewing records in the case since at least December. One person familiar with the investigation said he expected the grand jury to complete its work as early as Wednesday, but it could go longer.

An indictment on misdemeanor civil rights charges against Cpl. Delapaz would mark the first charges against an officer in connection with the Police Department's fake-drug scandal.

It's unclear what will happen with his partner, Officer Eddie Herrera, who was also put on paid leave. His attorney, Clint Broden, said that authorities had talked to his client but that he was unaware of any pending indictments.

Police reports and court records have shown that as many as eight other narcotics officers participated in arrests of the targeted defendants.

Federal authorities could not be reached for comment. In the past, prosecutors have declined to comment on continuing investigations.

The federal investigation has centered on whether police officers conspired with their confidential informants, who were paid more than $250,000 for their work on narcotics cases. The fees are based on the volume of drugs seized.

Bob Baskett, the defense attorney for Cpl. Delapaz, said Tuesday that authorities told him about the misdemeanor charge during discussions about a possible plea deal for his client, which he rejected.

"The last time I talked to ... [Department of Justice prosecutors], they said they were going to get an indictment," Mr. Baskett said. "They claim ... [officers] lied in police reports when they said they saw something that didn't happen."

He cited a section of the federal criminal code for civil rights violations. "It's a misdemeanor of up to a year in jail," he said. "I'm presuming that's what they're going to do. They've said that."

Mr. Baskett said it was unclear how many counts his client would face or whether more serious charges might also be sought.

Mr. Broden declined to respond when asked whether authorities had offered Officer Herrera a plea deal.

More than 80 narcotics cases have been dismissed since lab tests showed that some of the confiscated drugs turned out to be crushed gypsum, the primary ingredient in pool chalk. Three confidential informants have pleaded guilty to civil rights violations and are cooperating in the investigation.

Many of those falsely arrested on drug charges were undocumented Mexican immigrants who spoke little English. Some spent months in jail before being released; others were deported.

They have said that the officers' version of events in police reports differed from what happened. Officers also submitted paperwork saying the field tests they conducted showed the evidence was real drugs.

The officers "don't have anything to do with fake drugs or stealing money or being in cahoots with ... these snitches," Mr. Baskett said. "... [Prosecutors] said that from the first – they don't think the officers were involved in the fake drugs."

Mr. Baskett said that he didn't want to talk further about an indictment that hadn't been issued but that "as a general matter ... [the officers] are not guilty of anything."

In addition to the federal investigation, 15 people have sued the city and the Police Department over their arrests for drug trafficking. The civil rights lawsuits allege that the Police Department failed to take corrective action, despite knowing as early as September 2001 that innocent Mexican citizens were jailed on false drug charges.

The lawsuits have been on hold pending the FBI investigation, but they are expected to proceed with discovery and depositions next month.

In their response last year to the civil rights lawsuit, Cpl. Delapaz and Officer Herrera said they exercised reasonable judgment in continuing to trust that their paid civilian informants were reporting events honestly and not planting drugs.

E-mail tbensman@dallasnews.com
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Funny ****. I just now called you. Probably to the second you posted this.

 

No, I will be in about an hour or so. I'm thinking about heading up that way this afternoon to hang out at the coffee shop, then watching sports tonight. I need to get out of the house.

Actually, you can e-mail me at bgifford@gardere.com for the next 20 minutes or so.