-Caveat Lector-

'Sheetrock Scandal' Hits Dallas Police
Cases Dropped, Officers Probed After Cocaine 'Evidence' Turns Out to Be
Fake

By Paul Duggan
Washington Post Staff Writer
Friday, January 18, 2002; Page A12

DALLAS -- After Jose Luis Vega was charged with possessing hundreds of
thousands of dollars worth of cocaine in August, several of his relatives
sought help from lawyer Cynthia Barbare. They insisted that Vega, an auto
mechanic, was an honest, hard-working family man who must have been
framed.

It wasn't the first time one of Barbare's clients claimed to be innocent. In 11
years as a defense attorney, representing scores of drug defendants, "I hear
that kind of thing a lot," she said.

But in Vega's case, she and the district attorney's office made a surprising
discovery. Lab tests ordered by prosecutors at Barbare's request showed
that the white substance allegedly seized from Vega by Dallas police was 25
kilograms of the chalk-like material used in Sheetrock and other brands of
wallboard. Someone had ground it into powder and packaged it to resemble
cocaine.

Was Vega a drug dealer scheming to sell fake cocaine as the real thing?
Prosecutors might have suspected so, if not for another, even more
surprising discovery -- that in at least 18 cases involving alleged major
cocaine seizures by the Dallas police narcotics unit in the past year, the
purported evidence was all, or nearly all, ground-up wallboard material.

The revelations have led officials to announce the dismissal of drug charges
against dozens of men and have prompted an internal police investigation
aided by the district attorney's office and the Drug Enforcement
Administration.

Back in the late summer and fall, when other Dallas defense lawyers heard
about Vega's case, they similarly demanded lab tests of the supposed
cocaine that their clients were charged with possessing. And it turns out that
in at least 18 cases involving alleged major cocaine seizures by the police
narcotics unit in the past year, the purported evidence was all, or nearly all,
ground-up wallboard material.

"We're going to get to the bottom of every issue associated with this," Police
Chief Terrell Bolton said at a news conference Tuesday at which he also
announced that two narcotics officers involved in all or most of the cases
have been suspended while authorities investigate the origin of the fake
cocaine.

On Wednesday, the district attorney's office -- which had announced the
dismissal of charges against the 18 men in the wallboard cases -- said it had
decided to throw out drug cases involving 21 additional suspects. Officials
said the decision was related to the inquiry into the wallboard cases, but they
would not elaborate.

"The Sheetrock scandal," as Barbare and her colleagues call it, has been the
buzz of Dallas's legal community since authorities acknowledged the
questionable cases two weeks ago. According to the Dallas Morning News,
the original 18 cases involve nearly 700 pounds of wallboard material. In
each case, after allegedly seizing the powder, officers wrote in arrest reports
that field tests showed it was cocaine.

"How could these field tests have been positive for drugs when there were no
drugs?" Barbare said in an interview. Like other lawyers, she accused
officers in the narcotics unit of trumping up cases against the men, hoping
they would agree to plea bargains before thorough lab tests were done.

And some of the men did. One of them was Jamie Siguenza, charged with
possession of cocaine with intent to distribute; he pleaded guilty to a reduced
charge and agreed to be deported to Mexico. In a recent court filing seeking
to withdraw the plea, Siguenza's attorney alleged that the wallboard
revelations are evidence of "a conspiracy" by Dallas police "to frame
individuals by planting Sheetrock designed to look like cocaine on their
property. Had these facts been known to [Siguenza], he would not have
entered into a plea bargain."

All the men arrested were blue-collar Mexican immigrants who speak little or
no English, defense attorneys said, and few if any had arrest records.
Several, like Vega, were auto mechanics who supposedly kept large
amounts of cocaine in old vehicles where they worked.

"What I think is what a lot of people are thinking -- that we have some dirty
police officers in this city," said lawyer C. Tony Wright, who represents one of
the men.

Defense attorneys said most or all of the 18 arrests were made by the same
two narcotics officers, who reported that they were led to the suspects by a
longtime informant.

On Tuesday, Bolton announced that the two officers, whom he declined to
identify, had been suspended with pay. He said the DEA had agreed to
assist the Dallas police public integrity unit in investigating the wallboard
cases. Unlike the police internal affairs division, which investigates alleged
violations of department rules, the public integrity unit deals strictly with
suspected criminal misconduct by officers.

Bolton and prosecutors also have ordered a change in the testing process
for drugs.

Before the questionable cases, lab tests were not done until shortly before a
suspect's trial. By basing criminal charges on field tests alone and delaying
expensive lab tests, authorities were able to save money because
defendants often agreed to plea deals long before their scheduled trials.
Police will continue to do field tests, Bolton said, but a lab analysis will be
conducted as soon as possible after each arrest.

He said the investigation also is focusing on the longtime informant involved
in the questionable cases. Bolton said the unidentified informant has worked
with narcotics officers in more than 70 investigations in the past two years,
for which he was paid about $200,000.

The wallboard cases came to light after Vega, 35, was arrested Aug. 16. As
he sat behind bars, unable to come up with $500,000 in bail, his family turned
to Barbare for help.

The two narcotics officers alleged that they found 25 kilograms of white
powder in an old vehicle at the auto repair garage where Vega worked. They
said they were led to the vehicle by a reliable informant who told them Vega
was a drug trafficker. They said a field test of the powder showed it was
cocaine.

But after interviewing Vega in jail, Barbare said, she agreed with his relatives
that the case against him seemed bogus. She said she asked for a lab
analysis of the alleged cocaine and arranged for Vega to take a privately
administered polygraph test, which he passed. After the test, she said, the
polygraph examiner told her he knew another lawyer, C. Tony Wright, who
was handling a remarkably similar case.

Wright's client, Jacinto Mejia, 40, had been arrested in May by the same two
narcotics officers in Vega's case. In an interview, Wright said the officers
reported that they were led to Mejia by a longtime informant and that they
found five kilograms of cocaine in an old vehicle at the auto repair shop
where Mejia worked as a mechanic. Mejia was jailed on $175,000 bail.

Wright and Barbare said when they compared notes, they were
dumbfounded.

Like Barbare, Wright asked for expedited lab tests. "And I got on the
telephone and I called every attorney I know," he said. "I grabbed people in
the halls [of the courthouse]. I told them if they have any clients with these
facts, they needed to get the stuff tested and not to take any plea bargains."

As in Vega's case, the lab analysis of the powder allegedly seized from
Mejia showed it to be pulverized wallboard material and charges against him
were dismissed. Mejia, who spent five months behind bars, and Vega, who
was jailed for two months, were freed in October. Other defendants who were
locked up on bail in the wallboard cases also have been released, defense
attorneys said.

Depending on what the official investigation discovers, Barbare and Wright
said, their clients and the others who were charged may have strong grounds
for lawsuits.

"None of this passes the smell test," Wright said. "Before it's over,
somebody's going to go down."

© 2002 The Washington Post Company

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