D.A. Could Be Disbarred Over Drug Prosecutions

The district attorney who prosecuted a succession of defendants arrested in a since-discredited drug bust in the west Texas town of Tulia now faces possible disbarment for his conduct during the trials.

In a disciplinary petition filed by the State Bar of Texas on Wednesday, Swisher County Dist. Atty. Terry D. McEachern is accused of failing to tell defense lawyers about the criminal history of his star witness, undercover agent Tom Coleman.

The sole, uncorroborated testimony of Coleman -- who is white -- led to the wrongful convictions of 35 Tulia residents, most of them black.

McEachern, 54, also failed to correct testimony by Coleman that he knew was false, according to the petition filed with the Texas Supreme Court. In five defendants’ trials, Coleman said he had no criminal history and had never been arrested.

McEachern could not be reached for comment Friday. He told the Amarillo Globe-News this week that he could not comment on the proceedings against him but believed the cases were properly brought to trial. “I still feel the same way I did back then,” McEachern said. “Of course, looking back, I would have done some things differently. But it’s easy playing Monday-morning quarterback.”

Kizzie White, 26, a home healthcare worker who spent four years in jail on drug charges, said McEachern “did wrong and should get what’s coming to him. He should be punished for what he did. He messed up a lot of people’s lives.”

The petition against McEachern is the latest development in a case that began in 1999, when 46 people -- including 39 African Americans -- were arrested during a predawn drug raid. In a town of 5,000, the arrests represented nearly 10% of the black population. Civil rights lawyers charged that the busts were racially motivated and fought for a court review.

Last spring, a Texas judge ruled that Coleman -- who used no audio or surveillance to substantiate the drug buys he made -- was “simply not a credible witness.”

In August, Texas Gov. Rick Perry, a Republican, pardoned 35 people who were convicted as a result of the tainted drug sting.

A Texas bar investigative panel this year found “just cause” that McEachern had committed misconduct during the Tulia drug trials. McEachern chose to have disciplinary action against him pursued in court rather than before a state bar grievance committee, Texas bar spokeswoman Kimberly Schmitt said. The Texas Supreme Court will select a presiding judge within 60 days, she added.

McEachern has not yet indicated whether he will opt for a jury trial or allow a judge to decide the case. He faces sanctions ranging from public reprimand to loss of his law license, which he has held since 1982.

Last month, McEachern lost the Republican primary in his bid for reelection as district attorney.