An old interview with Carlos Coy from 1999.
It's a Thursday night barbecue at the Dope House.
Oh, yes. Nestled in the backstreets of downtown Houston, (interestingly enough, just a stone's throw away from the Municipal Courts-HPD downtown complex) is The House that Dope Built.
http://www.houstonpress.com/1999-08-05/music/hot-sauce/
Saturday, July 30, 2011
Thursday, July 28, 2011
Open Records Request 1
I wrestled with the issue of whether or not to actually contact HPD and the Da's office for information even before I started this blog. I didn't want to bring SPM"s case to the attention of the wrong people, I didn't want to make waves that might upset an appeal, and I don't want to hurt either of the families involved in Coy vs Texas.
I overcame my fears the day I called the office of Coy's former prosecutor, who now works alongside his former defense lawyer. I figured if I was right, it'd be worth the (purely theoretical) shitstorm. If I was wrong, no harm could come from asking questions.
After I realized that there might be DNA evidence that had not been given to the defense lawyers, I knew I would need to get ahold of the police report. I know it's a long shot; while I don't understand Mr. Lewis' strategic decisions in the court room, nothing I've found suggests that he has a habit of ignoring evidence. If it was in the report, he probably would have known about it. However, the Rosenthal's DA office had been known to conceal exculpatory evidence. I just wanted to check, to see if maybe something in the police report would help out.
I (wrongly) assumed I would be able to do this without much trouble...The Freedom of Information Act is our friend, right? Wrong. Trying to get this report has made me want to bash my head against a wall several times; It's frustrating trying to navigate the instructions for submitting a request, gathering all the information required, trying to figure out how much it's going to cost me, etc. But finally, on July 12, I figured my shit was together enough to go ahead and make the request. I hoped to have the report in my hands in 10 business days.
Ha ha, how foolish I was to think that it would be that easy. Two requests, six phone calls, and one shouting match with an obnoxious, rude, uncommunicative 'public servant' later, I'm no closer to seeing the (10 year old!) police report than I ever was.
I fear that the animosity of the people I've pissed off will negatively affect Coy in prison, or my efforts to obtain information that might help him get a fair trial. However, the professionalism of most of the members of the HPD I've dealt with is encouraging. SPM never did anything quietly, so I hope he will forgive me for making a little noise on his behalf.
I've written this as it was happening, and it's quite long. I will be posting it over several days, and I'll update as it continues. A few weeks ago, I contacted the Houston police Department's Open Records Unit to request a copy of the incident report from Sept 1, 2001. In order for them to find the documents you request, they ask that you provide as much information as possible, including the incident report number, the address where the alleged offense took place, and the names and birthdates of the people involved.
I got Carlos Coy's former address from the court documents available at the Harris county District Clerk's office along with the names of the parties involved. I was not able to find an incident report number but hey, that's why they have file clerks, right? I typed everything up neatly, included my name and home address, and emailed my request to the HPD. I received a confirmation email almost immediately, within three minutes.
According to the Freedom of Information Act, they have ten business days to respond. On the very last day, I received their answer. Not only had they misspelled the name of one of the parties involved, but they claimed that I had sent a non-existent address!
Uh, no. I had sent the correct names and address, but someone in their office had transposed the first two numbers and because of THEIR mistake, I would have to re-submit my request and wait another ten business days to get a reply, which probably also would have been denied.
They gave me the physical address of their office (useless, since I'm not in Houston) and a fax number. WHAT THE FUCK. Who the hell has a fax machine anymore? After staring at the letterhead for several minutes, I realized they had also included a phone number, but there were no identifying (parenthesis) or dashes - to let people know what it was. It just looked like a serial number.
Oh, those sneaky bastards.
Well, I called the number, got transferred a few times, and finally got the voicemail of the guy who signed the letter. I left a message with my name, my home phone (twice), and a brief explanation of why I was calling. He got back to me within the hour, and was very professional and helpful. He checked the address, found that it did indeed exist, and promised to re-open my request, making sure his people typed it right this time. He said his office would contact me Tuesday.
At the time, I was a little frustrated that such a minor mistake on someone else's part would hold back my research, but I understand that typos and bureaucratic apathy are impossible to avoid. I was not upset, and I didn't feel like they were purposefully trying to keep me from getting the documents I requested. Mistakes happen, right?
Monday's post: The trouble begins.
I overcame my fears the day I called the office of Coy's former prosecutor, who now works alongside his former defense lawyer. I figured if I was right, it'd be worth the (purely theoretical) shitstorm. If I was wrong, no harm could come from asking questions.
After I realized that there might be DNA evidence that had not been given to the defense lawyers, I knew I would need to get ahold of the police report. I know it's a long shot; while I don't understand Mr. Lewis' strategic decisions in the court room, nothing I've found suggests that he has a habit of ignoring evidence. If it was in the report, he probably would have known about it. However, the Rosenthal's DA office had been known to conceal exculpatory evidence. I just wanted to check, to see if maybe something in the police report would help out.
I (wrongly) assumed I would be able to do this without much trouble...The Freedom of Information Act is our friend, right? Wrong. Trying to get this report has made me want to bash my head against a wall several times; It's frustrating trying to navigate the instructions for submitting a request, gathering all the information required, trying to figure out how much it's going to cost me, etc. But finally, on July 12, I figured my shit was together enough to go ahead and make the request. I hoped to have the report in my hands in 10 business days.
Ha ha, how foolish I was to think that it would be that easy. Two requests, six phone calls, and one shouting match with an obnoxious, rude, uncommunicative 'public servant' later, I'm no closer to seeing the (10 year old!) police report than I ever was.
I fear that the animosity of the people I've pissed off will negatively affect Coy in prison, or my efforts to obtain information that might help him get a fair trial. However, the professionalism of most of the members of the HPD I've dealt with is encouraging. SPM never did anything quietly, so I hope he will forgive me for making a little noise on his behalf.
I've written this as it was happening, and it's quite long. I will be posting it over several days, and I'll update as it continues. A few weeks ago, I contacted the Houston police Department's Open Records Unit to request a copy of the incident report from Sept 1, 2001. In order for them to find the documents you request, they ask that you provide as much information as possible, including the incident report number, the address where the alleged offense took place, and the names and birthdates of the people involved.
I got Carlos Coy's former address from the court documents available at the Harris county District Clerk's office along with the names of the parties involved. I was not able to find an incident report number but hey, that's why they have file clerks, right? I typed everything up neatly, included my name and home address, and emailed my request to the HPD. I received a confirmation email almost immediately, within three minutes.
According to the Freedom of Information Act, they have ten business days to respond. On the very last day, I received their answer. Not only had they misspelled the name of one of the parties involved, but they claimed that I had sent a non-existent address!
Uh, no. I had sent the correct names and address, but someone in their office had transposed the first two numbers and because of THEIR mistake, I would have to re-submit my request and wait another ten business days to get a reply, which probably also would have been denied.
They gave me the physical address of their office (useless, since I'm not in Houston) and a fax number. WHAT THE FUCK. Who the hell has a fax machine anymore? After staring at the letterhead for several minutes, I realized they had also included a phone number, but there were no identifying (parenthesis) or dashes - to let people know what it was. It just looked like a serial number.
Oh, those sneaky bastards.
Well, I called the number, got transferred a few times, and finally got the voicemail of the guy who signed the letter. I left a message with my name, my home phone (twice), and a brief explanation of why I was calling. He got back to me within the hour, and was very professional and helpful. He checked the address, found that it did indeed exist, and promised to re-open my request, making sure his people typed it right this time. He said his office would contact me Tuesday.
At the time, I was a little frustrated that such a minor mistake on someone else's part would hold back my research, but I understand that typos and bureaucratic apathy are impossible to avoid. I was not upset, and I didn't feel like they were purposefully trying to keep me from getting the documents I requested. Mistakes happen, right?
Monday's post: The trouble begins.
Wednesday, July 27, 2011
Monday, July 25, 2011
Allen Porter
"Don't ever give up because, I mean, it's never over," Porter said. "As long as you're breathing, just keep fighting."
In January of this year, Allen Porter was released from prison after serving 19 years for a rape he did not commit. He was arrested while attending his nephew's trial for the same crime; A witness who saw him at the court house said Porter looked like one of the attackers, even though all three had worn masks. His fingerprints were not found at the crime scene. Porter was convicted in 1991, and sentenced to life in prison.
Six years ago, DNA testing was done. While the tests done in 2005 did not prove that Porter had participated in the crime, neither were they enough to free him. The test they did was exclusionary; that means they tested a big wad of bodily fluids for one specific person's DNA and if it didn't show up, that person was not part of whatever particular activity produced the sample. During a trial, being 'excluded' by DNA evidence can be a huge hurdle for prosecutors to overcome, unless they have another way of proving that the person was there. But if the DNA is not tested until after the conviction, the person still has to find a way to prove that they weren't there, effectively proving their innocence. In Porter's case, his nephew and one of the other men who participated in the crime told police that Allen Porter was not involved. Apparently, this didn't do jack shit for him. He remained in prison.
Finally, two years ago, Porter wrote a letter to District Attorney Pat Lykos. She sent his case to the Post Conviction Review team. They found two new exculpatory witnesses (presumably Porter's nephew and his partner in crime) and the DA's office recommended he be freed.
I chose this case to post today so that you can see that letters do make a difference. There are a lot of internet petitions out there claiming that if they just get x number of signatures, Carlos Coy will be free. While signing one may be easy and make us feel like we've accomplished something, it's not true. I don't ask people to 'like' the Facebookpage or subscribe to the blog or follow me on Twitter because I know those numbers don't mean shit. I would rather have one person read the blog and share what they've learned with a friend than get 10,000 'likes' on Facebook from people that didn't bother to study the information.
We can't change the system without understanding how it works, and what works is contacting the officials involved. Bureaucracy moves slowly and that is extremely frustrating, but we can't give up. A small, sustained campaign of letters will have more long term effect than one massive demonstration (although one of those would help). Keep writing, and remember that there's someone in the DA's office that's working to give justice to the falsely convicted.
http://abclocal.go.com/ktrk/story?section=news/local&id=7878171
http://smithforensic.blogspot.com/2010/09/michael-anthony-green-allen-wayne.html
http://forejustice.org/db/Porter--Allen-Wayne.html
In January of this year, Allen Porter was released from prison after serving 19 years for a rape he did not commit. He was arrested while attending his nephew's trial for the same crime; A witness who saw him at the court house said Porter looked like one of the attackers, even though all three had worn masks. His fingerprints were not found at the crime scene. Porter was convicted in 1991, and sentenced to life in prison.
Six years ago, DNA testing was done. While the tests done in 2005 did not prove that Porter had participated in the crime, neither were they enough to free him. The test they did was exclusionary; that means they tested a big wad of bodily fluids for one specific person's DNA and if it didn't show up, that person was not part of whatever particular activity produced the sample. During a trial, being 'excluded' by DNA evidence can be a huge hurdle for prosecutors to overcome, unless they have another way of proving that the person was there. But if the DNA is not tested until after the conviction, the person still has to find a way to prove that they weren't there, effectively proving their innocence. In Porter's case, his nephew and one of the other men who participated in the crime told police that Allen Porter was not involved. Apparently, this didn't do jack shit for him. He remained in prison.
Finally, two years ago, Porter wrote a letter to District Attorney Pat Lykos. She sent his case to the Post Conviction Review team. They found two new exculpatory witnesses (presumably Porter's nephew and his partner in crime) and the DA's office recommended he be freed.
I chose this case to post today so that you can see that letters do make a difference. There are a lot of internet petitions out there claiming that if they just get x number of signatures, Carlos Coy will be free. While signing one may be easy and make us feel like we've accomplished something, it's not true. I don't ask people to 'like' the Facebookpage or subscribe to the blog or follow me on Twitter because I know those numbers don't mean shit. I would rather have one person read the blog and share what they've learned with a friend than get 10,000 'likes' on Facebook from people that didn't bother to study the information.
We can't change the system without understanding how it works, and what works is contacting the officials involved. Bureaucracy moves slowly and that is extremely frustrating, but we can't give up. A small, sustained campaign of letters will have more long term effect than one massive demonstration (although one of those would help). Keep writing, and remember that there's someone in the DA's office that's working to give justice to the falsely convicted.
http://abclocal.go.com/ktrk/story?section=news/local&id=7878171
http://smithforensic.blogspot.com/2010/09/michael-anthony-green-allen-wayne.html
http://forejustice.org/db/Porter--Allen-Wayne.html
Thursday, July 21, 2011
Rebuttal
There was an interesting comment left on the blog Monday. I assume most people that come across this site already know the basics of Coy vs. Texas, but I see that there are still some misunderstandings about what actually happened back in 2002.
If you read only the newspaper articles of the time, you get a very clear picture that suggests the trial was almost unnecessary. Coy's guilt may seem so evident that there's no need for further investigation.
However, looking into the court documents reveals many worrying details; these public documents are available for viewing at the Harris County District Clerk's website. You have to provide an email address to open an account, but then you can access all of the information online. If you are interested in learning the facts, I strongly suggest you do this.
I thought I would go through Anonymous's comment and answer each of their objections individually.
Its sad to say, but it wasn't just only that girl, what so many people don't understand is the courts found SEVERAL under age girls that had some "sort" of sexual inter action.
Eight women were called in to testify that they had been attacked by Carlos Coy. A police officer (presumably Heidi Ruiz, who previously testified that she had proof that Coy intended to rape his daughter that turned out to be her 'feelings') testified that she had "proof that accuses Coy of sexually assaulting eight other girls". Proof that accuses, not proof that confirms...Meaning there was no proof of these women's claims, only their accusations. One of them told police she was 14 at the time, then decided to change that age to 12 while testifying. Coy was indicted on seven of these accusations, but NONE of these ever made it to trial.
However what really did him in, and what is kept out of the public and not disclosed is the fact that he has fathered children with the underage girls, that is why he was convicted.
If my understanding of the HCDC documents are correct, one paternity suit filed against Coy in 2004 resulted in a blood test, and then it was dismissed. There were no others. Your use of the plural 'children' is incorrect.
The fact that a young Carlos Coy fathered a child on Jill Odom is not, in fact, undisclosed. It was mentioned in several news stories. But that is not what he was on trial for. Coy vs. Texas dealt with one girl, the nine year-old daughter of his good friend. If the DA's office could not prove that one case, they should have chosen another out of the eight indictments he received. They simply chose the most sensational accusation and ran with it, probably because they knew it would get headlines and rile people up.
Using the Casey case with any merit won't work here. They didn't prove beyond reasonable death that she KILLED the little, the courts proved with OUT a doubt that SPM screws under age girls
If the District Attorney's office wanted a cut and dried case, easily provable, they should have prosecuted Coy for sleeping with Odom, the one case that offered immutable proof of wrongdoing. They chose not to.
Casey Anthony's prosecutors produced voluminous evidence of a crime, but had no way to legitimately point the finger at her. Carlos Coy's case was the opposite; Many fingers pointed at him, but there was no compelling evidence of a crime. Coy was convicted by the words of others, no more.
Some thoughts on the 1994 episode:
Coy has one son with Jill Odom. Jill was 14 in 1994, when her son was born. The fact that she conceived indicates that at this time she had reached sexual maturity. Her physical development would have been that of a young woman, not a child. While this IN NO WAY excuses an adult man having sex with a thirteen year old, it suggests that Carlos Coy was attracted to what he percieved to be a grown, if young, woman. A pedophile would not have been. Here's Wikipedia's definition of a pedophile:
As a medical diagnosis, pedophilia (or paedophilia) is defined as a psychiatric disorder in adults or late adolescents (persons age 16 or older) typically characterized by a primary or exclusive sexual interest in prepubescent children (generally age 13 years or younger, though onset of puberty may vary).
Prepubescent children display no primary sexual characteristics; no breasts, hips, body hair, etc. American girls are beginning puberty at younger and younger ages, some as young as 7. According to at least one of Coy's friends, Coy met Odom while she was working in a strip club, posing as an eighteen year old; if this is true, she would not have looked like an undeveloped child. In my mind, this suggests that when it came to Jill Odom, Coy was not playing out a perverted sexual fantasy. He was looking for some ass and like most men on the prowl, didn't bother to verify age before getting involved. If he needs to be punished for this, he should have been brought to trial for it, not indicted for a seperate crime and convicted with no evidence because 'he deserved it'.
http://www.cnn.com/2010/HEALTH/08/09/girls.starting.puberty.early/index.html
http://www.msnbc.msn.com/id/38600414/ns/health-kids_and_parenting/t/growing-too-soon-puberty-strikes--year-old-girls/
http://www.click2houston.com/news/1468971/detail.html
http://www.click2houston.com/news/1471560/detail.html
http://www.youtube.com/watch?v=okoWSvZHQtg
If you read only the newspaper articles of the time, you get a very clear picture that suggests the trial was almost unnecessary. Coy's guilt may seem so evident that there's no need for further investigation.
However, looking into the court documents reveals many worrying details; these public documents are available for viewing at the Harris County District Clerk's website. You have to provide an email address to open an account, but then you can access all of the information online. If you are interested in learning the facts, I strongly suggest you do this.
I thought I would go through Anonymous's comment and answer each of their objections individually.
Its sad to say, but it wasn't just only that girl, what so many people don't understand is the courts found SEVERAL under age girls that had some "sort" of sexual inter action.
Eight women were called in to testify that they had been attacked by Carlos Coy. A police officer (presumably Heidi Ruiz, who previously testified that she had proof that Coy intended to rape his daughter that turned out to be her 'feelings') testified that she had "proof that accuses Coy of sexually assaulting eight other girls". Proof that accuses, not proof that confirms...Meaning there was no proof of these women's claims, only their accusations. One of them told police she was 14 at the time, then decided to change that age to 12 while testifying. Coy was indicted on seven of these accusations, but NONE of these ever made it to trial.
However what really did him in, and what is kept out of the public and not disclosed is the fact that he has fathered children with the underage girls, that is why he was convicted.
If my understanding of the HCDC documents are correct, one paternity suit filed against Coy in 2004 resulted in a blood test, and then it was dismissed. There were no others. Your use of the plural 'children' is incorrect.
The fact that a young Carlos Coy fathered a child on Jill Odom is not, in fact, undisclosed. It was mentioned in several news stories. But that is not what he was on trial for. Coy vs. Texas dealt with one girl, the nine year-old daughter of his good friend. If the DA's office could not prove that one case, they should have chosen another out of the eight indictments he received. They simply chose the most sensational accusation and ran with it, probably because they knew it would get headlines and rile people up.
Using the Casey case with any merit won't work here. They didn't prove beyond reasonable death that she KILLED the little, the courts proved with OUT a doubt that SPM screws under age girls
If the District Attorney's office wanted a cut and dried case, easily provable, they should have prosecuted Coy for sleeping with Odom, the one case that offered immutable proof of wrongdoing. They chose not to.
Casey Anthony's prosecutors produced voluminous evidence of a crime, but had no way to legitimately point the finger at her. Carlos Coy's case was the opposite; Many fingers pointed at him, but there was no compelling evidence of a crime. Coy was convicted by the words of others, no more.
Some thoughts on the 1994 episode:
Coy has one son with Jill Odom. Jill was 14 in 1994, when her son was born. The fact that she conceived indicates that at this time she had reached sexual maturity. Her physical development would have been that of a young woman, not a child. While this IN NO WAY excuses an adult man having sex with a thirteen year old, it suggests that Carlos Coy was attracted to what he percieved to be a grown, if young, woman. A pedophile would not have been. Here's Wikipedia's definition of a pedophile:
As a medical diagnosis, pedophilia (or paedophilia) is defined as a psychiatric disorder in adults or late adolescents (persons age 16 or older) typically characterized by a primary or exclusive sexual interest in prepubescent children (generally age 13 years or younger, though onset of puberty may vary).
Prepubescent children display no primary sexual characteristics; no breasts, hips, body hair, etc. American girls are beginning puberty at younger and younger ages, some as young as 7. According to at least one of Coy's friends, Coy met Odom while she was working in a strip club, posing as an eighteen year old; if this is true, she would not have looked like an undeveloped child. In my mind, this suggests that when it came to Jill Odom, Coy was not playing out a perverted sexual fantasy. He was looking for some ass and like most men on the prowl, didn't bother to verify age before getting involved. If he needs to be punished for this, he should have been brought to trial for it, not indicted for a seperate crime and convicted with no evidence because 'he deserved it'.
http://www.cnn.com/2010/HEALTH/08/09/girls.starting.puberty.early/index.html
http://www.msnbc.msn.com/id/38600414/ns/health-kids_and_parenting/t/growing-too-soon-puberty-strikes--year-old-girls/
http://www.click2houston.com/news/1468971/detail.html
http://www.click2houston.com/news/1471560/detail.html
http://www.youtube.com/watch?v=okoWSvZHQtg
Sunday, July 17, 2011
Casey Anthony
Casey Anthony, aquitted of the murder of her daughter despite what appeared to be a mountain of evidence, walked free Sunday. An entirely understandable reaction to this, when compared with what happened to Carlos Coy is "That's not fair!"
It's not fair; but anyone looking to a system set up and run by fallible human beings for fairness is going to be disappointed. The guilty scream for 'fairness'. The innocent demand justice. If Carlos Coy was unjustly convicted, no punishment at all can be 'fair'. By arguing for a lighter sentence based on the sentences of others, we accept the premise that the conviction was right and valid. DO NOT fall into that trap.
If SPM had been rightfully convicted, if his accusers had proven beyond a reasonable doubt that he sexually assaulted a child, then we might be discussing the wisdom of sentencing a child molester to 45 years for a one-time offense. But that's not what happened, so that's not the issue. Coy was railroaded, convicted by a demonstrably corrupt regime with no physical evidence. THAT'S the issue that needs to be addressed.
There are people who would look at Coy's past and say "He may not be guilty of the crime he was convicted of, but it's fair for him to spend some time in jail after everything he's done."
Please, let's not settle for 'fair'. Let's demand justice.
It's not fair; but anyone looking to a system set up and run by fallible human beings for fairness is going to be disappointed. The guilty scream for 'fairness'. The innocent demand justice. If Carlos Coy was unjustly convicted, no punishment at all can be 'fair'. By arguing for a lighter sentence based on the sentences of others, we accept the premise that the conviction was right and valid. DO NOT fall into that trap.
If SPM had been rightfully convicted, if his accusers had proven beyond a reasonable doubt that he sexually assaulted a child, then we might be discussing the wisdom of sentencing a child molester to 45 years for a one-time offense. But that's not what happened, so that's not the issue. Coy was railroaded, convicted by a demonstrably corrupt regime with no physical evidence. THAT'S the issue that needs to be addressed.
There are people who would look at Coy's past and say "He may not be guilty of the crime he was convicted of, but it's fair for him to spend some time in jail after everything he's done."
Please, let's not settle for 'fair'. Let's demand justice.
Saturday, July 16, 2011
Weekend Reading 4
This Harris County City Councilwoman claims that as of January 2011, there are 11,000 untested rape kits from the Houston Crime Lab.
http://www.aframnews.com/websitepublisher/articles/houston-crime-lab-same-song-different-verse.html
http://www.aframnews.com/websitepublisher/articles/houston-crime-lab-same-song-different-verse.html
Thursday, July 14, 2011
Letter to Pat Lykos 2
Here's my letter to the District Attorney. Please feel free to use this as a base for your own letter. Change a few lines and send it off! The more evidence of wide-spread wrongdoing we uncover, the more we make public the crazy shit that went on under Chuck Rosenthal, the better Coy's chances of getting a new trial.
District Attorney Pat Lykos
1201 franklin
suite 600
Houston, Tx 77002
1201 franklin
suite 600
Houston, Tx 77002
Madam District Attorney,
I'm writing today about the case of Carlos Coy, TDCJ #01110642.
He was convicted in 2002, and sentenced to 45 years in prison for
He was convicted in 2002, and sentenced to 45 years in prison for
aggravated sexual assault of a child.
At his trial, prosecutors relied only on the testimony of his accusers, including Maryvel Ramirez, who may have perjured herself by claiming that she had no intention of filing a civil case against Mr. Coy, and her daughter, who stated in court that the assault may have been a bad dream. According to the Innocence Project of New York, 75% of convictions overturned were caused by victim misidentification.
The investigator testified that she 'felt' that Carlos Coy was
dangerous, and intended to rape his own daughter. This testimony,
offered with no proof other than this woman's 'feelings' was allowed,
even encouraged. A therapist from the Children's Assessment Center
was declared an expert on 'coaching' by the judge, with no proof or
credentials offered to support this claim.
Coy has appealed numerous times, gathering evidence to support his case, but each time his appeals have been rejected. You, more than most people, understand the breathtaking scope of the corruption and malfeasance that became common during Chuck Rosenthal's term as DA. You have taken heroic measures to ensure that those wrongfully convicted have a chance of winning back their stolen freedom.
Please, help another innocent man; review Carlos Coy's case, take a look at his appeals. Brady violations, Batson violations, DNA that is hidden or simply allowed to remain untested for years, these were common practices under your predecessor. Coy, his family, and all his fans deserve to know the true circumstances of his conviction.
Thank you for your time,
Me, my address, blah blah blah.
Don't forget to put your address on the envelope, the Post Office won't deliver the letter without it.
A lot of people are waiting for Carlos Coy to get out on parole, but we cannot count on that ever happening. If he does not confess to what they accuse him of, and go through sex-offender therapy, they will never give him parole. He has maintained his innocence since day one, and I believe he will continue to do so.
Please, help us get him a new trial before he has to make that choice.
Wednesday, July 13, 2011
Monday, July 11, 2011
The Houston Crime Lab
I said I was going to post my letter to Pat Lykos today, but
something's come to my attention that I feel should be brought to
yours.
In a couple of posts, I have said there could be no DNA in Carlos
Coy's case; I simply assumed that if there had been, either the
prosecution or the defense would have insisted on using it. But what I
forgot is that we're dealing with Rosenthal's administration, here. They DIDN'T
NEED hard evidence to convict somebody; if they had DNA, it didn't
have to point towards the defendant. Prosecutors could say whatever the hell
they wanted about the evidence with NO personal repercussions when their lies came to light (if they ever did).
As you may know, in 2002, the Houston Crime Lab was shut down for
being a complete fucking mess. It did not re-open until 2006. At that
time, 4,000 untested rape kits were found sitting in a freezer.
4,000. Untested. Some dating back to the 1990s.
They have barely made a dent in the backlog since then.
WHAT. THE. HELL?
The child in the case Coy vs. Texas supposedly told her mother about
what had happened the morning after. Authorities were contacted.
Since she was a minor it seems very likely that a rape kit, including a vaginal swab, would
have been performed as a matter of standard procedure.
As far as we know, there was never any DNA evidence introduced at
trial; they relied completely on eyewitness identification which,
according to the New York Innocence Project, is responsible for 75% of
all wrongful convictions eventually overturned through DNA evidence.
So, assuming there was a rape kit done, was it shoved into a freezer
and forgotten about?
Was it simply ignored, because it didn't conform to police expectations?
Was the defense team even informed that there was DNA evidence
available for testing, or was it concealed by overzealous prosecutors, like
the exculpatory evidence that eventually freed Ricardo Rachell?
Despite the requirements of Brady, which states that the prosecutors
are required by law to turn over all potentially exculpatory evidence to the defense,
Harris County Prosecutors seem to prefer playing hide-and-seek.
"It's not our job to hold their hand" said Denise Oncken, one of the
prosecutors in Coy vs. Texas, in 2005.
Was the Coy kit one of the 200 that has already been tested?
If it was tested, why haven't we heard about it? I guess once they get you in those prison whites they just don't give a flying fuck about what happens to you. If it had been tested, and contained Coy's DNA, I imagine that they would have publicised it just to make a point about how well the system works.
That rape kit, if it exists, must be found and tested. If the girl was actually assaulted that night, it's possible she misidentified her attacker. The statute of limitations is running out, they need to get answers NOW. If the prosecutors are as sure about the case as they were then, there's no risk for them in expediting that test.
If the DNA exonerates him, as I firmly believe it will, he goes free; but it will never happen unless we make this public. Tell people, write to the DA, demand to know if there's a rape kit; if not, why not? If there is, why was it never tested? I mean, we know why it was not tested; in Chuck Rosenthal's Harris County, prosecutors didn't need DNA evidence, they could get a conviction based on little or no evidence. But that's not the way things should be run.
We deserve conclusive proof of guilt. If the DA's office can't provide it, they need to start re-trying, or freeing the innocent men who have been incarcerated to feed the machine.
Saturday, July 9, 2011
Weekend Reading 3
Here's an article on how to write an effective political letter. It's long, but worth the read.
" If a man doesn’t stand up for his own interests, how can he rightly expect anyone else to?"
" If a man doesn’t stand up for his own interests, how can he rightly expect anyone else to?"
Thursday, July 7, 2011
Pat Lykos
In 2009, when the facts of Ricardo Rachell's case came to light, Pat lykos had two choices. Try to weasel out of responsibility (which would not have been hard, given that she had nothing to do with it), or man up, take responsibility, and promise to fix the system.
She chose the right option. She apologized to Rachell and the public, she named names and detailed what mistakes they had made. She pointed out police officers who had collected biological evidence but not tested it; She promised to make a difference.
She has established the Post Conviction Review Section, whose stated goal is to thoroughly and aggressively investigate credible claims of innocence.
In 2009, Lykos set an example for the future:
Now, let's see if she's really serious about fixing the mistakes of the past.
http://www.johntfloyd.com/comments/april09/05a.htm
http://app.dao.hctx.net/OurOffice/First100Days.aspx
http://app.dao.hctx.net/Article/63/New_Charge_Filed_in_Case_that_Led_to_Inmate's_Release.aspx
http://www.chron.com/disp/story.mpl/front/6307640.html
http://www.chron.com/disp/story.mpl/metropolitan/casey/6311457.html#ixzz1P5cAq3Qk
She chose the right option. She apologized to Rachell and the public, she named names and detailed what mistakes they had made. She pointed out police officers who had collected biological evidence but not tested it; She promised to make a difference.
She has established the Post Conviction Review Section, whose stated goal is to thoroughly and aggressively investigate credible claims of innocence.
So far, 'credible claims of innocence' seem limited to cases where the wrongfully convicted can produce DNA evidence to support their claims. Now it's time for the DA's office to take a long, hard look at potential Brady and Batson violations. (Batson is a supreme Court decision that does not allow a potential jury member to be dismissed solely because of their race, which seems to have been standard operating procedure under Rosenthal.) Trials have been overturned because prosecutors have wrongly excluded jurors to get the racial mix they prefer, and this could potentially lead to a new trial for SPM.
Please, join me in writing to Pat Lykos and asking her to initiate a review of Coy vs Texas, to examine the court documents and transcripts, the police report, the appeals, the writs of habeus corpus and any other evidence that might reveal why Coy was convicted and incarcerated without a shred of convincing evidence. My letter will be posted on Monday.
In 2009, Lykos set an example for the future:
Now, let's see if she's really serious about fixing the mistakes of the past.
http://www.johntfloyd.com/comments/april09/05a.htm
http://app.dao.hctx.net/OurOffice/First100Days.aspx
http://app.dao.hctx.net/Article/63/New_Charge_Filed_in_Case_that_Led_to_Inmate's_Release.aspx
http://www.chron.com/disp/story.mpl/front/6307640.html
http://www.chron.com/disp/story.mpl/metropolitan/casey/6311457.html#ixzz1P5cAq3Qk
Tuesday, July 5, 2011
Lazy Menace
I don't make a habit of posting music on this blog, but if you're a fan of SPM you should check out Lazy Menace, aka Mario Martinez, as well as the mind behind the new logo.
His music goes hard, and presents a clear message. I strongly reccomend you check it out. His new mixtape, Mind At War, is available for free download here.
http://www.mediafire.com/?a4qd6hxc10nlnd3
A few words from the man himself:
I wanted to create an album/mixtape that felt organic; something that we all can relate to. Mind At War revolves around the struggles and pain that one goes through in life. I am not the type of artist that creates fictional songs, all of my music has deep meaning behind it (Nights of Evil). The message behind this particular album/mixtape is a positive one.
I want to encourage all the youngsters out there to do better in life because it can change very quickly, and you're never ready for it. The street life is very tempting because it's so easy to do wrong, but tell me how many people are willing to make change? I have been stereotyped because of my skin color, and I shock people when they find out that I am very talented.
Check him out, you won't be disappointed.
His music goes hard, and presents a clear message. I strongly reccomend you check it out. His new mixtape, Mind At War, is available for free download here.
http://www.mediafire.com/?a4qd6hxc10nlnd3
A few words from the man himself:
I wanted to create an album/mixtape that felt organic; something that we all can relate to. Mind At War revolves around the struggles and pain that one goes through in life. I am not the type of artist that creates fictional songs, all of my music has deep meaning behind it (Nights of Evil). The message behind this particular album/mixtape is a positive one.
I want to encourage all the youngsters out there to do better in life because it can change very quickly, and you're never ready for it. The street life is very tempting because it's so easy to do wrong, but tell me how many people are willing to make change? I have been stereotyped because of my skin color, and I shock people when they find out that I am very talented.
Check him out, you won't be disappointed.
Monday, July 4, 2011
Josiah Sutton
Josiah Sutton was 16 in 1998, when he was arrested for rape. A victim
driving by claimed to be able to identify him by his hat. He and a
friend were brought in and DNA samples were taken. The friend was
excluded, but investigators claimed that they were able to match
Sutton's DNA to a sample taken from the victim. The victim's
description of her attacker said he was 5'7, about 135 pounds. Sutton
was 6' and weighed 200. Convicted by the victim's identification and 'indisputable' DNA evidence, he was sentenced to 25 years in prison.
In 2002, the atrocious conditions of the Houston Police department's
crime lab came to light; an independent investigator said he would
expect better science from a junior high science project. After seeing
a local news show on the terrible state of the lab, Sutton's mother
contacted the reporters and arranged for them to take a look at her
son's case.Those findings led to the retesting of the evidence, which
revealed that her son's DNA was not even in the sample.
Sutton was convicted based on a DNA 'marker' that could have
implicated 1 out of every 16 black men in Houston. The victim
continued to say that Sutton had attacked her, even though the
evidence exonerated him.
Rosenthal's office initially refused to issue a pardon which would
allow Sutton to receive compensation for his years in prison. He
wanted to 'restore his rights', but not allow him to clear his name.
He was finally forced into giving a full pardon by the reccomendation
of the Texas Board of Pardons and Paroles.
At the very end of Coy vs. Texas, the prosecutor made a point of
asking why the defence had not paid for independent testing of the bed
sheets that the accuser had slept on during the supposed molestation.
I think that this might have seemed like a smart move at the time.
If Coy had ever sat in his daughter's bed to read a story,
comfort her during a thunderstorm, etc, his DNA would be all over
those sheets. We leave microscopic bits of ourselves wherever we go.
But given the unbelievable state of the Houston Crime Lab, the DNA on
the sheets didn't even have to be his. His daughter carries
genetic similarites. If Carly drooled a little when she slept, or wet
the bed, that would have put similar DNA markers onto the sheets.
A competent laboratory would be able to differentiate between the DNA
of a male and a female, between saliva and urine, but the HCL was not
competent. They claimed a semen sample represented two people, one
of whom was Josiah Sutton, when it actually came from only one man, who
was NOT sutton. Any DNA evidence they got from the sheets
could have convicted Coy, even if it was fabricated or 'tweaked'. Since there
was no DNA tested initially, there is none to retest now. IF the sheets are still in the possesion of the Houston PD, odds are good that they were stored improperly, any evidence they might have held rotted away.
http://www.innocenceproject.org/Content/Josiah_Sutton.php
http://www.corrections.com/articles/8855-prosecutor-recommends-
pardon-over-dna
http://www.chron.com/disp/story.mpl/life/2434872.html
http://governor.state.tx.us/news/press-release/4409/
http://www.chron.com/disp/story.mpl/front/3858054.html
driving by claimed to be able to identify him by his hat. He and a
friend were brought in and DNA samples were taken. The friend was
excluded, but investigators claimed that they were able to match
Sutton's DNA to a sample taken from the victim. The victim's
description of her attacker said he was 5'7, about 135 pounds. Sutton
was 6' and weighed 200. Convicted by the victim's identification and 'indisputable' DNA evidence, he was sentenced to 25 years in prison.
In 2002, the atrocious conditions of the Houston Police department's
crime lab came to light; an independent investigator said he would
expect better science from a junior high science project. After seeing
a local news show on the terrible state of the lab, Sutton's mother
contacted the reporters and arranged for them to take a look at her
son's case.Those findings led to the retesting of the evidence, which
revealed that her son's DNA was not even in the sample.
Sutton was convicted based on a DNA 'marker' that could have
implicated 1 out of every 16 black men in Houston. The victim
continued to say that Sutton had attacked her, even though the
evidence exonerated him.
Rosenthal's office initially refused to issue a pardon which would
allow Sutton to receive compensation for his years in prison. He
wanted to 'restore his rights', but not allow him to clear his name.
He was finally forced into giving a full pardon by the reccomendation
of the Texas Board of Pardons and Paroles.
At the very end of Coy vs. Texas, the prosecutor made a point of
asking why the defence had not paid for independent testing of the bed
sheets that the accuser had slept on during the supposed molestation.
I think that this might have seemed like a smart move at the time.
If Coy had ever sat in his daughter's bed to read a story,
comfort her during a thunderstorm, etc, his DNA would be all over
those sheets. We leave microscopic bits of ourselves wherever we go.
But given the unbelievable state of the Houston Crime Lab, the DNA on
the sheets didn't even have to be his. His daughter carries
genetic similarites. If Carly drooled a little when she slept, or wet
the bed, that would have put similar DNA markers onto the sheets.
A competent laboratory would be able to differentiate between the DNA
of a male and a female, between saliva and urine, but the HCL was not
competent. They claimed a semen sample represented two people, one
of whom was Josiah Sutton, when it actually came from only one man, who
was NOT sutton. Any DNA evidence they got from the sheets
could have convicted Coy, even if it was fabricated or 'tweaked'. Since there
was no DNA tested initially, there is none to retest now. IF the sheets are still in the possesion of the Houston PD, odds are good that they were stored improperly, any evidence they might have held rotted away.
http://www.innocenceproject.org/Content/Josiah_Sutton.php
http://www.corrections.com/articles/8855-prosecutor-recommends-
pardon-over-dna
http://www.chron.com/disp/story.mpl/life/2434872.html
http://governor.state.tx.us/news/press-release/4409/
http://www.chron.com/disp/story.mpl/front/3858054.html
Saturday, July 2, 2011
Weekend Reading 2
Here's an interesting post from a guy whose high school class was in the courtroom for part of Carlos Coy's trial. He makes some good points about music appreciation and the dichotomy of rap; Southern/Northern, Black/Mexican.
http://www.thetroyblog.com/2011/03/29/reminisce-2-south-park-mexican/
http://www.thetroyblog.com/2011/03/29/reminisce-2-south-park-mexican/
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