By Bill Miller
Star-Telegram Dallas Bureau
DALLAS - Lawyers and judges should share some of the blame for the 2001
"fake drugs" scandal in which authorities wrongfully jailed dozens of innocent people, according to a report released Monday
by special prosecutors.
The 64-page document, presented by Deputy Special Prosecutor Jack Zimmermann
of Houston, states that although prosecutors, defense attorneys and municipal court judges committed no criminal acts in the
drug cases, they did exercise numerous instances of bad judgment that allowed the scandal to evolve.
"This is an assignment in which I don't expect to have any friends in
Dallas when I leave," Zimmermann said during a news conference. "Someone is going to be displeased, or worse."
The report is the result of a vow made by Special Prosecutor Dan Hagood
when he accepted appointment to the case in December 2003. He told the media then that he would not only investigate police
officers, but also lawyers and judges. He subsequently enlisted Zimmermann, a criminal defense lawyer from Houston, with whom
he had served in the Marine Corps.
"Clearly, something went wrong and something needs to be done," Zimmerman
said.
For example, the report cites insufficient communication as the worst
problem among prosecutors handling the cases. He said they should have told each other about the bogus evidence turning up
in their individual cases involving former police narcotics officer Mark De La Paz, but they didn't, which allowed people
to stay behind bars longer.
"My problem is ... why did it take so long to connect the dots?" Zimmermann
said.
Improved communication is one of several recommendations Zimmermann urged
in his report. District Attorney Bill Hill, after reviewing the report, noted that authorities have already implemented many
of the recommendations.
He also defended prosecutors, saying they operated "at a distinct disadvantage
because they were lied to and misled by the very officers they depended on to be men of integrity."
"This office," he added, "has done everything in its power to ensure
that these terrible miscarriages of justice never again occur in Dallas County, and we will not stop until all those responsible
are fully and finally brought to justice."
Zimmermann said some defense attorneys vigorously defended their clients,
while others too quickly suggested plea agreements. In those cases, he said, defense lawyers "should strongly encourage the
use of the no-contest plea" to keep innocent clients from committing perjury by wrongly acknowledging guilt.
The report also urges municipal judges to more thoroughly scrutinize
arrest warrant affidavits before signing them.
Administrative Municipal Judge Jay Robinson said the report is well-written
and that he is eager to share its findings with the city's 25 magistrates. He also said, however, that few steps will matter
if a police officer doesn't exhibit integrity.
"I don't know of any judge that doesn't believe a police officer's word
is his bond," Robinson said.
