Jeff Blackburn, A Guiding Light of Texas

Try and do the following:

1. Become a Lawyer (OK, that's not always an accomplishment in and of itself considering some of the lame ass idiots I've seen with a lawyer's degree, but on the other hand it can be a healthy achievement in its own right)

2. Turn into a trial lawyer (No, you don't get to hide behind a corporate desk churning out billable hours, you have to go to court and plead your case. This is not public speaking, it is public speaking on steroids - another person's fate depends on your words and yes, even your acting. Your integrity as a person is always on trial along with your client when you're in front of a jury.)

3. Defend someone accused of a sex offense in the dark corners of rural Texas as a liberal, long haired lawyer from the city (even if it is only Amarillo) and face some of the most brutal juries and vicious prosecutors imaginable - prosecutors who know to put the crime on trial first and the defendant second so that the inflamed hearts will then convict without reason.

Do these things and you will get a whiff of what it's like to be Jeff Blackburn, one of the greatest defense attorneys in the land. This is no ego tripping Racehorse Haynes like his fellow Texan and lawyer, but someone who fights the good fight in what I can tell you is one of the most conservative areas of the country. And that's the way Jeff wants it. The way he sees it, the place to be is the place with the least light because that's where he's needed most. I know these things about Jeff because I met him back in the day and we'd talk about life in Amarillo and life in general.

In mid 1980's Amarillo, I worked as a contract janitor - which I later found out was a complete scam to cheat me as an undeclared employee so the piss-ant janitorial firm I worked for could profit at my expense. As Bugs Bunny would say, "This means war." I had just watched the film 'Skokie' about a Neo Nazi march defended by the ACLU as a first amendment issue. It made me an ACLU fan for life, people who protected speech both popular and unpopular, balls to the wall like it should be. And since I saw my rights being trampled, I sought out my own local ACLU lawyer: Jeff Blackburn.

Jeff very kindly informed me my situation was not an ACLU case but I think he liked my fire for sticking up for my rights. Since we both had shoulder length hair, that alone was enough to make us kindred spirits in a town stuck in the '50s (Two good ol' boys once speculated on an elevator ride down with me on whether or not I was an "Indian". Shocked the hell out of me people like that still existed.) I would see Jeff off and on regarding my case for the next couple of years (he was a crummy tax lawyer but I did get some back overtime pay through the DOL on my own).

The armpit of Texas
Things took a humorous turn when the scumbag ex-owner of the janitorial company I worked for started up a new company he would run in the same crooked fashion, only this time it was owned by the Mayor, who was running for re-election. This really hacked me off and I asked Jeff his thoughts on taking this guy down and exposing him (by this time his hair was cut, feeling the need to shear it to properly defend his client charged with a sex crime). Jeff said I needed some proof and when I asked how, he threw out a few offhand ideas, one of which was to go through their trash. I was like, "Fine. I'll do it."

In the middle of the night, I'd retrieve the janitorial company's trash bags from the dumpster out back, sorting documents that I thought would suit me but I also found miles and miles of green and white computer printouts showing their ledger accounts. I thought, "Huh, this could be useful to somebody." The company was actually twofold: one part janitorial and the other a security firm. The knothead I had worked for was actually an ex-employee of the Sheriff's department so he felt that made him a security expert as well. But Amarillo was dominated at that time by a single security company and I figured they might like a little inside information on the competition.

I met with the head of the security firm and told him my tale. I agreed to bring him the general ledger accounts in exchange for a 100 dollars a week cash. He LOVED the stuff I brought in, poring over it gleefully and keeping a huge stack of it in the corner of his office. One time my car broke down and he had a patrol car pick me up so I could make my nightly trash run. At the same time this was going on, I was also forced to stare at a campaign sign each day on my way to work with a picture of the janitor-exploiting jerk running for Mayor. To ease my pain, I finally stopped and drew devil's horns, a goatee and a moustache on him. It eased my pain considerably. It also made the news.

Cadillac Ranch, Amarillo chic
The noon news showed a picture of the sign and asked the jerk candidate what he thought. He tried to joke about it saying it must be a reference to his daughter going to UT ("Hook 'em horns!"). But his true reaction was to organize people in pickup trucks with stencils of a circle with a bar across it and spray paint that on his opponent's signs. "Campaign vandalism" became part of the race - and Jeff was loving every minute of it. He never really thought I'd take seriously his suggestion I dig through the trash and found the whole turn of events hilarious. (The jerk lost, btw.)

Eventually, someone ratted me out. All useful information ceased appearing in the trash and I took that as a warning sign. Remembering reading about cagey tigers in the jungle who walked in crisscrossed circles that made them very hard to track, I always parked my car several blocks away and took a circuitous route to the trash dumpster as a safety precaution. This soon paid off as one night I saw a curious set of bouncing headlights on the side of the building as I departed. It was a one way street out front, how the heck could headlights show on the north side of building when all traffic had to head north? It was a freaking Potter county Sheriff's Bronco bouncing over the curbs across the street to run me down. Oh shit!

Maintaining discipline but running like hell, I took the same circuitous route back to my car - even though I did trip and fall just like they always do in the movies, which I couldn't frickin' believe. Once I got to my car, I eased it out onto the street with the headlights off and checked to see if I was being followed. What I saw was incredible: a deputy was tracking me with a dog! They were dead on my path - which was a good thing since I knew my circular route would take them out of the line of sight I needed to exit unseen. And so I did, post-haste.

I relayed this one final story to Jeff (he loved the dog part) before my move to Florida and it wasn't until I moved back that I found his accomplishments had only grown and he'd become justly famous throughout the state.


His most famous case involved the illegal arrests of almost half the entire adult black population of Tulia, Texas. As Elizabeth Amon wrote in the "National Law Journal" in 2003:

Jeff Blackburn: Tulia Defender
In 1999, nearly half of the black adult population of Tulia, in the Texas Panhandle, was arrested for dealing in cocaine, based on the word of an undercover police officer with a questionable past.

National attention has put a spotlight on the dubious veracity of those 46 arrests in a town of 5,000, but it didn't stop almost all of the people from going to jail.

In the last two years, Jeff Blackburn, a solo practitioner in Amarillo, Texas, has been working with the National Association for the Advancement of Colored People Legal Defense Fund and a handful of other lawyers to get some of the accused off and others, already convicted, out of jail. It's taken more than 2,000 hours and about $39,000 of his own money.

The informant, Tom Coleman, worked for the federally funded Panhandle Regional Narcotics Task Force. He spent 18 months in Tulia.

He was ordered suspended from law enforcement by the state because his previous employers in Cochran County charged him with misconduct involving theft and abuse. But he continued to work in Tulia. Coleman's accusations were based entirely on his own testimony, with no drugs, money or other corroboration. State and federal authorities are investigating the Tulia arrests.

Will Harrell, executive director of the American Civil Liberties Union of Texas, said that Blackburn's exoneration of defendants Tanya White and Zuri Bossett helped generate public attention and led to legislative reform.

"Jeff was instrumental in crafting the so-called Tulia bills from the beginning," said Harrell. "One of these bills is now the first law of its kind in the nation. It prohibits criminal convictions on the uncorroborated work of a confidential informant. Since its passage, over 180 cases in Texas have been dismissed."


Jeff's efforts eventually resulted in a $5,000,000 settlement for the falsely accused. A documentary has been made on this story as well, detailing the events. Jeff can also be seen commenting in "American Drug War: The Last White Hope", lamenting the government's efforts in this "war" and the injustices it incurs.

Another high profile case was the infamous beating and murder of teenager Brian Deneke. Nicknamed "Sunshine" by his erstwhile employer Stanley Marsh III (creator of Cadillac Ranch), Brian had committed the unforgivable crime in Amarillo of being different. For that he gave his life. Surrounded by the "good kids" - the football players, the cowboy mafia - of his high school, Brian was savagely beaten then run over by a car (then backed up and run over again - just to be sure). He died in his friend's arms.

Brian Deneke
Looking like this in Amarillo
is a literal death sentence
Jeff helped the family through this ordeal, serving as spokesman and filing a wrongful-death suit though little money could be expected - but hoping for exacting some sense of justice. Brian's murderer, you see, for being an Amarillo "good kid", had gotten off with probation. The full story can be seen in an episode of "City Confidential", with Jeff providing commentary on the events and Amarillo's overall mores (the narrator has a delightfully sarcastic tone throughout the show).

The Innocence Project of Texas


As founder, Chief Counsel and Executive Committee member of the Texas Innocence Project, this may be Jeff's greatest legacy. It's mission statement:

"The Innocence Project of Texas is a non-profit organization dedicated to overturning wrongful convictions and securing freedom for men and women wrongfully imprisoned for serious crimes in the State of Texas."

The number of exonerations so far stands at 30 and counting. That's 30 lives shattered and broken, innocent people whisked off the street to be slandered and convicted of outrageous acts never committed and left voiceless, outcast and persecuted by an hysteric public of witch burners. Who better to burn than a convicted rapist?

Historically, Texas has had a mentality of "Convict first and ask questions later." Now, thanks to Jeff, with an army of both staff and volunteers - and some cooperating District Attorneys - those questions are finally being asked. Those abandoned to dark holes of suffering are now seeing a light for the first time. Can you imagine what that would mean to you if you were in that position?

I can think of nothing more exciting and healing than this project, both for the wrongfully convicted and for the victims of the original crimes. It gives a chance to admit our guilt, right a wrong, and more importantly, hopefully embrace a newfound sense of justice that realizes the truth must be honored regardless of consequence. I know the Jeff Blackburn I knew would call that a dream come true.

(Unfortunately, one of the prime benefactors of the foundation was hit by the Madoff scandal and can no longer provide funds. Donations can be made by clicking on the picture above if you so desire.)

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More Info:

Interview:

Jeff has also won court victories for medical marijuana. Read a fascinating transcript of Jeff's interview with the Drug Truth Network on behalf of his work for marijuana law reform.

Awards:

Criminal Defense Lawyer of the Year by the State Bar of Texas for 2002-2003. Also received the Frank Scurlock Award, the Henry B. Gonzalez Award, and the Maury Maverick Award for his civil rights work.

Fun fact:

Michelle Phillips of the "Mamas and Papas" passed through Amarillo during my time there in the 80's. She was pulled over and charged with possession of marijuana due to some seeds found on the floorboard of her car. Jeff was able to get her off by claiming those were merely "carpet seeds".