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Monday, September 12, 2011

Case update

If you’re on our Facebook page, you probably saw this video, a very recent interview with Baby Bash by www.camcaponenews.com. He mentions that Carlos Coy’s appeal will by going to the high court, and also that they’re going to try for a reduction of sentence. While I’m not entirely sure whether he means the Supreme court, fifth circuit, or the TCCA, I’d guess he’s talking about the Supreme Court. The Supreme Court hears very few cases, but maybe he got his Writ of Cert (permission to appeal) approved, finally.

If that doesn't happen, and Coy decides to try for a reduction of sentence (commutation), what does that mean?

Although his conviction would still be considered correct, the sentence will be cut down, sometimes to equal time already served. These are not easy to get, but it could happen. To even apply for it, Coy would have to get two of the three ‘Trial Officers’ to agree that 45 years was too much time for the crime he was convicted of.

Those three Trial Officers are the District Attorney, the Harris County Sheriff, and the Judge of the court he was convicted in. In 2002, that would have been DA Chuck Rosenthal, Sheriff Tommy Thomas, and Judge Mark Kent Ellis. We already know what kind of man the DA was; Thomas instituted a policy of deleting departmental E-mails in January 2008, the same month Rosenthal got in such trouble for deleting thousands of subpoenaed emails. There will probably be another post about him later. After obtaining two or three of these recommendations, it goes to the Parole Board; if they approve it, it still has to get past the Governor's desk.

Anyway, in cases where the original people are no longer in their positions, you go with whoever is currently in power. I think that changes things a bit. SPM would have to get the approval of DA Pat Lykos, Sheriff Adrian Garcia, and once again, Judge Mark Kent Ellis.

We know that Pat Lykos has an interest in seeing justice done, even in post-conviction cases. Sheriff Garcia seems to have been pretty decent while in office. Judge Ellis is definitely a hard-ass, but some say he’s fair. So a commutation would be unusual, but not impossible.  

I have to admit, I have extremely mixed feelings about the idea of a commuted sentence. On the one hand, this is not justice. This is not exoneration. Coy would still feel the effects of his mishandled trial. He would still have to register as a sex offender. The state would not have to admit they made a mistake.

On the other hand, he would be home with his family, able to continue his life, and presumably still fight his wrongful conviction from the outside. This is his choice to make. Hopefully the Dope House will let us know if we can support their efforts.

19 comments:

Tay said...
This comment has been removed by the author.
Tay said...

I keep preyin for you Los. Put it all in Gods hands. He loves you more than anybody. God bless you and your whole Family.♥ hope to hear some new beats soon. Thanks for old beats.=], Taylor

YassiBabiee said...

I Love You Spm.

Anonymous said...

Spm were wating

Anonymous said...

BROWN PRIDE !!!! FREE SPM!!!

Anonymous said...

Man cant believe they gave u 45 thats insane fo real anyway minnesota loves u dogg

Anonymous said...

Jordan Chandler boy who accused Michael Jackson of sexual assualt admitted ”Now for the first time i can’t bare to lie anymore. Michael Jackson didn’t do anything to me, all was my father lies to escape from being poor.” Michael Jackson settled for $20 million out of court to avoid the circus of court and jail if wrongly convicted. All the more reason to re-open the case.

Anonymous said...

Jordan Chandler boy who accused Michael Jackson of sexual assualt admitted ”Now for the first time i can’t bare to lie anymore. Michael Jackson didn’t do anything to me, all was my father lies to escape from being poor.” Michael Jackson settled for $20 million out of court to avoid the circus of court and jail if wrongly convicted. All the more reason to re-open the case.

Anonymous said...

i think he is guilty. i use to like his rap but he has a history of having sex with young girls. he got a 13 year old pregnant and had sex with 2 fourteen year olds. i might of had gotten some ages wrong. i don't think it is a coincidence that he had sex with three underaged girls and molested a nine year old. so people can't say that he didn't know they were under 18. also he said, "One more year in high school and I would've went to jail for fucking all those little young bitches"(he was 17 when he dropped out). if you want to read more about him go to http://www.houstonpress.com/content/printVersion/226414/

Incandesio said...

Well, I appreciate your comment. However, your main source of information is an article that I've gone over already, and you're not even sure you know the details of the basis for your opinion.

Is it a sincerely held belief, or are you just repeating what you've heard?

Anonymous said...

Keep ur head up g n like u said god has a plan for all of us n he works in mysterious ways , either way only god knows why your in jail maybe you were innocent of this charge on the other hand we all tend to be guilty of sin. Keep u in my prayers g like PAC said gotta keep ur head up.

Anonymous said...

I just realized I used the word maybe in ur innocence n want to clarify that I know ur innocent n will be out this year ill be praying for this n in gods eyes nothing is impossible. I am greatly inspired by ur humbleness even after such a tragic moment in ur life but god never tests our faith wit nothing we can't handle. Goodness always prevails. Keep ur faith n don't be blinded to gods work , nothing in life is ever a mistake so keep praying homie..... God bless

Anonymous said...

He got a 13 year old pregnant when he was 23 is it really that hard to believe he touched the 9 year old? I dont think so. People just dont want to believe their favorite rapper is a fucking pervert!

Incandesio said...

Anon 11:09:

It's easy to believe as long as you don't bother to understand how pedophiles tend to specialize; it's easy to believe as long as you refuse to see the difference between a sexually mature, post-pubescent teen and a pre-pubescent, undeveloped child. It's easy to believe, as long as you don't think about it.

I prefer to think.

Unknown said...

As do I! ^
How can people still say they love him? Imagine what that poor girl went through. Yes he has a history and a proven pattern of this behavior. Let us use the brains God gave us and put two and two together. He was a repeat offender that wasn't charged, now he got what he deserved. People who still support him are either in denial or are just plain monsters like him..

Incandesio said...

Loralee:
You said,"Yes he has a history and a proven pattern of this behavior."

Please, enlighten us; what other pre-pubescent girl was he accused of touching? What history are you referring to?

Unknown said...

Just cause he got that girl pregnant at a young age doesnt mean anything many girls like older men so why doesnt that rise a problem just like men liking younger women, like how does everybody know that , that girl wasnt into him im not saying hes innocent or guilty but i dont think that case has anything to do with this at all

Anonymous said...

I believe that the law states that a court has to PROVE a person guilty WITHOUT A SHADOW OF A DOUBT and with 0 physical EVIDENCE common sense PROVES that JUDGE ELLIS is a racist piece of shit. Their was no evidence, anybody can accuse someone of something whether or not it's true depends on physical evidence. Testimony alone is INSUFFICIENT. My name is J.R. and the Texas Justice System is flawed, corrupt, and a fraud for placing Carlos Coy in prison. If SPM sentence is not overturned that just shows how discrimatory the Texas justice department is towards Hispanics. I don't give a FUCK who you are their has to be SOLID PHYSICAL EVIDENCE and in a sex case their has to be DNA which in Carlos case their is NO DNA AND No PHYSICAL EVIDENCE. So if all a person needs to do is say someone did something then I testify that JUDGE ELLIS and that D.A. are racist and unconstitutional for condemning someone with no evidence.

Unknown said...

Incandesio. I think you are the girl version of me and together we can really help carlos. I have been reaching out to his sister but she does not want to reply to my calls or emails, even facebook messages. I have alot of info along with copies of case files before they were sealed. Cases where inmates challaged courts jurisdiction even 5 years after sentence. Please reply so we can start brainstorming. dirtydee745@gmail