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December 16, 2006 - The Advocate (LA)

Family Freed Due To Informants' Questionable Testimony

By Richard Burgess, Advocate Acadiana bureau

Return to Drug War News: Don't Miss Archive

Lafayette - Prosecutors will not pursue charges in a federal drug case that has been plagued by allegations of fabricated testimony from government witnesses, according to a letter from the U.S. Attorney's Office.

U.S. District Judge Tucker Melancon -- who had thrown out a guilty verdict in the case in August -- officially dismissed charges Friday against Mary Ann Colomb and her three sons after receiving the letter this week from federal prosecutors.

The Church Point family was accused of leading a multimillion-dollar cocaine ring, but they argued that inmate witnesses lied in the case to get their own prison terms reduced for cooperating with the government.

The defense was given much credence by Melancon, who overturned a jury verdict against the family and said he would not set the case for a new trial until prosecutors investigated the allegations of questionable testimony and reported their findings.

In a Dec. 14 letter to Melancon, First Assistant U.S. Attorney William Flanagan said federal prosecutors have chosen not to retry the case and will dismiss charges against the Colomb family.

U.S. Attorney Donald Washington did not return a call to his office for comment Friday.

The U.S. Attorney's Office has stated in prior court filings that it was investigating the allegations of false testimony.

It is uncertain whether that investigation is concluded or whether the results will be made public.

Mary Colomb could not be reached for comment Friday.

Her attorney, Gerald Block, said the dismissal of the charges means the "best Christmas ever" for the family.

"I'm very satisfied the criminal justice system worked the way it is supposed to," Block said.

Mary Ann Colomb and her sons -- Edward Colomb, Sammy Davis Jr. and Danny Davis -- were indicted in 2004.

They were accused of leading a 10-year, multimillion-dollar cocaine operation from their Church Point home.

The criminal case was built on the testimony of federal inmates serving time on drug charges who testified that they had once dealt with the family.

The issue of questionable testimony arose during the trial when prosecutors received a letter from an inmate at a federal prison in Texas who stated that one of the witnesses had offered to sell him information about the Colomb family.

There were also allegations that witnesses exchanged photographs of the Colomb family so they would be able to identify them in court.

Defense attorneys had asked for a mistrial when allegations arose during the March trial, but Melancon had declined to grant the request.

In subsequent court filings, the judge stated that he should have declared a mistrial at the time.

"These people were innocent, and I'm thankful that Judge Melancon had the strength and dedication to grant our motion for a new trial, because he obviously saw that the jury verdict was unjust and there was a serious problem with the prosecution's evidence in the case," said Danny Davis' attorney, William Goode.

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