Dear Family (Part 4)

Fam,
     I've been getting some incredible letters from Incandesio, with lots of great questions, and many powerful comments that you guys been posting. Right now, I'm up to my head in preparing the promotional plan for The S.O.N., the artwork, the CD insert info, the last minute changes on the album, and all kinds of stuff that concerns The S.O.N. But I just wanted to drop you guys a quick Cold 40. I dedicate it to the little homie who, unfortunately, was taking up for the fraud shit Filero said.

     In fact, I dedicate this to every hater on the planet. Like T.I. said, "Stay on your job." It's nothing but love on this side, even when I gotta dress you boys up a bit. I hope one day you'll realize that I would never lie on a man, never call someone a liar unless I know he's lying. Everything I said on my response to Filero's interview, was the simple truth. One of Filero's homies, or groupies, or dicksuckers got mad about my response, but what can I tell you, little brother? You're on the wrong side. Now, it's time for the best in the world to dress you up. Consider it an honor.

Another Cold 40

"Houston is torn"

You talk like a killa but I heard it before

get that broom and a mop, bitch, murda the floor,

jumpin on the net like you really about shit

but work fryin fish in a Gilligan's outfit

Slap you on da ass like you work at The Ritz

Have you walkin round the house dry sperm on ya lips

What kind of person is this, with no respect for ya team?

He da boy S.P., he da Mexican King!

if you step in the ring, let'cha plans be abandoned

just act like you here to sing the National Anthem

cause even if you look like you think that you ready

you gettin fucked like you in the backseat of my Chevy

goofy-ass punk, tell the label you rep

they can suck my right nut while they cradle the left

in the Webster's Dictionary under "broke-ass bustaz"

there's a picture of ya crew buyin no-brand mustard

but hold up, fellas, not to question ya hustle

cause ya'll mothafuckas representin the struggle

been 20-plus years that ya songs don't sell

got-damn, son, they hiring at Taco Bell!

nigga put it on my life that the Dope House lives

yellin "Fuck the radio!" this ain't Mo-town bitch

I neva asked to be the greatest, nigga, look what it costed

got pain like a man who wrote a book'n'then lost it

my babies growin up behind a scratched up window

so haters gotta pay me either cash or a dick blow

damn, it's sick bro, the dopest alive

on dat August twenty-first real hope has arrived

you'll hear it on each song, high at my street prom

nigga so hot I hold my dick widda meat tong

weed in my weed bong, deep in a deep thought

I wreck niggaz now dem hoes callin me 3-Pac

mix it with Frank White and gimme till daylight

wishin I could hear Screw keepin the pace right

yeah, but it ain't like, a genie is real

cause I had a 3rd wish still my people was killed

see the evil's instilled in every human that's born

like North against South, even Houston is torn

but if I mention God niggaz switchin the station

well, fuck it then, I'mma save the crickets from Satan.....

lol!                  
Ya'll don't feel me, man.
Los                   

Dreams

The final jury focused in on the young accusing witness, clutching a stuffed basset hound doll, who told of wondering if the episode could somehow have been a dream.
~John Nova Lomax

Whoo, the Houston Press likes to lay it on thick. This paints a very sad picture…A tiny little girl, cuddling something so cute that it’s not just a stuffed animal, it’s not just a doll, but both at the same time, huddles on the witness stand. Looking soulfully up she wonders, no, wishes that somehow, maybe it all could have been a dream. He really should have ended this sentence with “the poor dear!”

The fact she says she’s not sure whether or not a grown man went eyebrows-deep into one of the most sensitive parts of her body is painted as a brief thought; something that came and went quickly, a passing fancy. It’s handled a little better in the article Ask Another Mexican:

The prosecution's case consists almost entirely of the girl's testimony, which includes the statement that she thinks the assault might have been a dream.

But we know how the Houston Press is. We know how they report. Let’s see what the Houston Chronicle had to say about it:

On the stand for nearly two hours, she said that after Coy's daughter had fallen asleep, he sat on their bed and touched her inappropriately.
During initial questioning by prosecutor Denise Oncken, the girl said she wasn't sure what had happened and thought it could have been a dream.
"Do you remember it clearly?" Oncken asked.
"No," the girl replied.
Under cross-examination by defense lawyer Chip Lewis, the girl again said she was not really sure what had happened because she might have been dreaming.
During follow-up questioning, Oncken asked the girl to define a dream. The child described it as something that happens while a person is sleeping and is not real.

"What Carlos did to you - is that something that really happened?" Oncken asked.
"Yes," the girl said.
"Were you dreaming about this?" Oncken asked her.
"No," the girl answered.


It wasn’t just something she said to the defense attorney because he was a big ol’ meanie and she was scared. Twice she said it might have been a dream; first to the prosecutor, someone that she probably looked at as a friend, and once to the defense. She also told him that she couldn’t clearly remember the event. After this Oncken pulls her up short and demands to know if she can tell the difference between a dream and reality, and was “what Carlos did to you” real. It’s almost like she’s reminding her…“Fix your shit or I’ll get you my pretty, and your little dog too!”

See the word picture I painted there? The prosecutor as the Wicked Witch of the West. Bam.

If a child’s testimony can be changed in an interview room or on the therapy couch, can it be ‘adjusted’ in a courtroom, too? Maybe she mentioned that it had been a dream in the first interview and, frightened by the court room, was trying to dial the story back to what she said then; we’ll never know, of course. The audio malfunctioned. Mom was too upset. No one in the police station was able to hold a pen that day. There is no record.

Common sense suggests we not send a man to prison for a crime when the supposed victim isn’t even sure if it occurred. Let’s say you’re being tried for a carjacking; the person who accused you gets on the stand and says “Well, I might have been grabbed and thrown out of the car; but maybe I just forgot where I parked it.”

Unfortunately, from what I can see common sense has no place in the justice system. This weak testimony is not an unimportant point, but I don’t believe it’s the only point that should be made. It’s one piece of a shoddy, claptrap conviction jury-rigged together by government employees who were used to getting their way.

http://www.chron.com/CDA/archives/archive.mpl/2002_3544250/girl-says-alleged-assault-by-rapper-wasn-t-a-dream.html

http://www.houstonpress.com/2002-06-06/news/south-park-monster/7/

http://www.houstonpress.com/2006-10-19/music/ask-another-mexican/print/

Personal shit

Someone asked me “Could you have carried on an intelligent conversation with a grown man when you were thirteen?”


He was wondering if I believed it was possible for Carlos Coy to carry on a relationship with a very young girl without realizing her age. It got me thinking about why I accept that this could happen. I normally try to write about things that relate directly to his case, and this really has nothing to do with it; but I don't want you to think that I'm blindly accepting his version of events. It would be unwise to ignore this aspect of the story, because it 's a sticking point for a lot of people; they want to believe that if THEY were ever confronted with a young girl claiming to be 18, they would be able to see right through her; it seems like it should be obvious.


Now, I could talk about the underage strippers that pop up every every now and then. Young girls, one of whom was actually mentally handicapped who managed to talk their way into employment in an industry that should be on the lookout for exactly that kind of lie; after all, if the cops find a minor spinning on the pole, it’s not just a fine for the business owner. It’s a fucking felony charge for everyone in the damn room, and that’s not good for any kind of business.


These are good illustrations of how people see what they expect to see, even when it could cost them everything. But I’m going to bring a little of my personal history into this, to make it clear why I believe some one who’s not a pedophile, who has no interest in little children, could find himself in Carlos Coy’s shoes.


I started taking college classes when I was fourteen or fifteen. I never mentioned my age to my fellow students and because of the environment I presented myself in, they assumed that I was like them. I was not more mature than any other kid my age, but if people saw me doing something that should have been a give-away to my age, they didn’t think “Aha! She’s a minor posing as an adult!” they thought “Wow, that was a fucking immature thing to do” and went about their business.


We discussed literature and art; we ate lunch together. We talked shit as we waited for our rides to come pick us up.  I bummed cigarettes (class C misdemeanor), was offered drinks (class A misdemeanor), and I was hit on several times(3g felony offense). These were intelligent, educated adults, who would have been horrified to learn that they were looking at a little kid.


I was a moron for acting like an adult, but at that age, who thinks about how their actions could affect those around them?  If my parents had known they too would have been horrified, and it’s only because they gave a fuck where I was every night that I didn’t get myself, and the unknowing people who befriended me, into some serious trouble.


This was my experience; it doesn’t prove anything, and I don’t expect it to change anyone’s mind. But it is the reason I believe Coy when he says he didn’t know how young Odom was. Add PCP, weed & alcohol to a human being’s natural inclination to see what they expect to see, and I just don’t see any normal person thinking “Hey, this girl downing drinks next to me might be a damn little kid!”

Questions for SPM

Do you have a question for SPM about his case or recently posted answer? Send it to the address below!

Weekend Reading 32

I talk a lot about spreading the word; as you know we have flyers for you to download and print, you can write letters to the DA, and talk about the case with your friends and family.  I know many of you have been doing this stuff since day one, but I wanted to point out some examples that came to my attention this week.

This is a clip of Lazy Menace performing at a El Bad Boy car show in Florida, giving a shout-out to SPM.

http://www.youtube.com/watch?v=aHMNaoVUpgM&feature=colike

Here’s Celocita, an underground rapper using an upcoming track to promote awareness of SPM’s case.

http://youtu.be/GEqIiSzDp8A

And this is a page on Facebook, started up pretty recently, based in Dallas. They organized March 27 as a day to show support by wearing black for SPM.

http://www.facebook.com/index.php?lh=Ac8Y5H4pwmJsMagN#!/FreeThatNiqkLos

If you have the motivation and the opportunity to do something like this, go for it! If you want to start a blog like this one to write about the case, then write! If you can rap, or design eye-catching stencils, get on it! Use your gifts to enlighten people.

I don’t share stuff on Facebook or Twitter very often because I’m trying not to clutter up the feed; I don’t want people to feel like I’m spamming them. Plus, the people on our FB and Twitter pages are already aware of what we’re doing here.

What you need to do is get the word out to people that have not heard the new information. This is an area that I can’t get into; I can’t talk to your friends and neighbors, and connect with them like you can. I’m just a random person on the internet, so if they don’t like SPM there’s no reason for them to even give my blog a chance.

But you can talk to them as a friend, or a favorite rapper, or an inspiring artist, and they’ll give you a chance. If you want to point them to the blog, that’s great. If you’d rather pass the information on yourself, that’s fine too. I’m not in this to get ‘likes’, or follows, or subscriptions. That’s not how I measure my success.

The flip side of that is, I can’t use my websites to get you those things, either. That’s just not my mission; but if you start up an active regional page, or make a Youtube video, let me know and I’ll do what I can to make people aware of it. Take the example of the people I mentioned, and countless others doing the same things every day, and get involved!

SPM Responds (Part 7)

This is SPM's response for March, which was bumped in order to put up his response about the Houston Press interview.

Dear Friends,

            Incandesio sent me a set of questions, most pertained to the case, but it turns out that the two most voted on questions were not necessarily about the case. I think once you’ve read my first answer, then you’ll have follow-up questions. Don’t get me wrong, all questions are appreciated and very welcome. I just don’t want us to forget that Incandesio’s focus is on justice, and the legal situation I’m in. We’ve been corresponding for months and all her letters have never veered from the subject at hand. She’s never asked about songs or lyrics or freestyles or rap in general. Still, these question that were most voted on, really touched my heart.

            Here they are:

1)      Can you be filmed during a visit, maybe drop a freestyle?

2)      What can we do to help?

These questions really touched me because they basically say to me “Look, the hell with this bullshit case. We want to know about you, and seeing you, and hearing you.”

Then you ask about what you can do to help. That just makes me feel very blessed, because I know your question is sincere. I’ll get to some of the legal questions Incandesio sent but, as promised, your most voted on questions are top priority so I’ll answer those first.

1)      Can you be filmed during a visit, maybe drop a freestyle?

Answer:

          Right now I’m in High Security Segregation (HSS), locked up with, who Texas considers to be, the most dangerous inmates in prison. Guys get sent here for getting confirmed as members of Security Threat Groups (STG’s, which is basically prison gangs), or because they are, in one way or another, threats to the security, staff, and/or other inmates within TDC (Texas Department of Corrections.)

High Security Segregation is considered punishment. There’s very few privileges other than the bare minimum. We get one phone call every 90 days, and it can’t be longer than 5 minutes. I actually lost that privilege because I got in trouble awhile back. See, I got sent here because a digital device was found in my cell when I was at the Powledge Unit. But while I was over here they gave me a random drug test and supposedly marijuana was in my system. So, now, I don’t even get my damn 90 day phone call. I sure wanted the chance to say “Hey mom, it’s Carlos. I’m just calling to say I love ‘click!’.”

            “Hey, that wasn’t even five minutes!”

            “Sorry, Mr. Coy, you can finish the rest of your sentence in three months.”

Anywayzuh, I’m telling you all this because I can’t get filmed interviews here. Like I said, this is punishment, and interviews are privileges. But I should be out of here soon, knock on wood. Regular prison has pay phones so I’ll be wreckin everyday. It’s gonna be lovely. Plus, I’ll be able to get interviews in visitation where people can film me, such as news channels or people doing documentaries. Plus my Cold 40s- man, they’re much more powerful if you could hear how they’re delivered. Texas prisons got pay phones about three years ago and that just makes doing time a little easier. Being able to call my kids on a daily basis is the big thing for me. I just feel bad for all the guys that stay stuck without Nathan; no T.V., no church, no outside recreation, no contact visits. I’m one of those guys but I hope to be out of here in 2 to 6 months.

            2.) What can we do to help?

The first thing that comes to mind is this: Build your life powerful. If you’re not in school, live an honest life, stay away from trouble, give your household the vital gift of peace. The Bible is so true when it says it’s better to eat beans in peace, than to have all the finest things with no peace. An honest living gives you and your loved ones that gift. If you’re in school, study hard, concentrate, focus and make yourself sit down and get it done; especially homework. Stay away from all drugs. In fact alcohol is more destructive, kills more people, destroys more families than all drugs combined. Of course, weed will destroy your lives, too. I don’t give a fuck how much I rap about it, it’s going to make like life harder, darker, sadder if there is such a word.

Music is entertainment, it’s not advice. When I talk to you, it’s not going to be entertainment, it’s going to be truth. Because I love you, and want you to have the best lives. I’m not going to tell you “Man, ain’t nothin wrong with weed. I’ve never hurt nobody on weed.” No, weed never directly made me want to kill someone, but it made life weak. I was a shitty husband, absent father, lost son, dumbass friend. All I did was smoke weed everyday and no matter how much money I made, there’s no way I could’ve ever had a rich life. I would’ve been much more rich living a clean life and working at McDonald’s.

So don’t get it twisted, and don’t listen to lies. For all the smokers, this is not a scolding exhibition, but I won’t lie to any of you. You can’t achieve a truly fulfilling life being a fucking pothead. Take it from a man who’s been smoking since 11.But I’m trying to give myself better. It’s not easy but pray for me and I’ll pray for you. Man, hold up! That’s a good start to a flow!

Pray for me and I’ll pray for you

might as well hand me a bagel, too

nigga make money like Pay Per View

I’m smart’n’rich like an Asian Jew

Alright, that took an awkward turn. So, to answer your question, I’ll say it like this: We’re a movement, my friends. Therefore the more powerful you become, the more powerful our movement becomes. Education makes you powerful. Become lawyers, engineers, nurses, doctors, accountants, business people. There’s many good choices. It’s not only about justice in my case, but also the betterment of your lives, because everything I do is for you. I can’t save your souls from hell, only Jesus Christ can do that, but I just want to see you guys happy, making great decisions for yourself, working hard in life because you’re worth the hard work. If you want to help me, be good to yourselves.

            When someone takes care of their car, they keep it shining, drive it safely, put the best fuel in it, keep it tuned up, invest in it. It takes effort but the results are worth it. Take care of your lives, feed you mind with the great power of education, honesty, patience and especially kindness. Any dumb bitch can be mean, but the most powerful people are the uplifters, the ones who find the good in people and help them bring it out. That’s what the greatest people do.

            This is not Carlos Coy’s truth, but the simple truth and I only share it because I want the best for you. But it’s not my love for you that will build you, it’s your love for you. Love yourself, fight for yourself. When bad shit comes your way, move to the side, duck from it, or step over it. It doesn’t make you look weak, and if someone calls you weak for avoiding trouble, that’s a beautiful thing because it’s an indicator. That person is basically saying “Hey, I’m not a good friend and it’s best to stay away from me.”

            Don’t let people’s words hurt you. Instead let their words reveal who they are so that you can know who the fuck to stay away from. The people you hang out with is a matter of success or failure because wherever they’re going is the direction you’re headed.

            Other than that, just keep loving us. Keep loving the company that loves you; the very family friendly Dope House Mothafuckin Records. What? That doesn’t sound family friendly? Bullshit, I think it’s the perfect name for a cereal!

                        I shall leave you with a

Quick Sixteen

“The Furry Vest”

I blows on kill cause the kill blows me

It’s Los and I’m still hollin “M-O-E!”

mo cain dan Bo Peep in my hood they don’t sleep

nigga run the game even if I ran with no feet

all I need is two fingers so that I can chunk deuce

here’s a pinky but I can’t get my fuckin thumb loose,

feel me when I talk in tongues, love it when she wobble buns

I’mma change my name – Waka Flaka Taco Nacho Crumbs

I’mma change it right now before you tryda change my mind

No, mom! It’s my name! I’m the one that made it rhyme!

I’m very spontaneous, drunk like John Daily is

why you think hataz swing on my genitalias

yes, that’s a plural word! All I write is perfectness

even Dr. Phil said, “Yep, they deserve an ‘S’.”

hotta dan a furry vest over seven turtle necks

alright, gotta go, bud, you have just heard the best.

Letter to Pat Lykos 17

Middle of the month, time for another letter to Pat Lykos! Please, join me in asking her to take a look at Carlos Coy’s case. Pick an interesting fact we’ve looked at on the blog, and make that the focus of your request, or write something personal about why you believe he deserves a second chance at justice.

But please, write something. Action creates change, inaction creates nothing.

The Honorable Pat Lykos
1201 Franklin St
Houston, Tx
77002

Ma’am,

I’m writing to you about the case of Carlos Coy, #908426.

I was interested to see that the city of Houston recently broke ground for the new forensics laboratory. After so many years of upheaval, it’s good to see that there can be a fresh start.
The former crime lab sent many innocent men to prison, through incompetence or plain dishonesty; I admire your determination to advance the cause of justice with cutting edge technology, and I would like to ask you again to consider a conviction achieved with nothing but old-fashioned testimony and, I believe, misconduct on the part of those that should have known better.

I cannot believe that the safety of your citizens was increased, or the interests of justice served, by incarcerating a man with no forensic evidence, whose young accuser was subjected to an unrecorded interview with a police officer who has been repeatedly described by her peers as ‘relentless’. The prosecutor in this case, Denise Oncken, seems to have a history of Brady violations and using her position to lean on those who try to stand up to her.

I know this will be a busy year for you but please, take some time to look into the behavior of those involved in obtaining this conviction. Only with an understanding of their actions in this trial can we hope to eventually understand what appears to be a terrible miscarriage of justice.
Thank you for your time.
Me, my address, blah blah blah.

Weekend Reading 31

Somone posted up this YouTube video in the comments; Go watch it, and see if you can identify to yourself what his arguments are, and whether or not they're based in fact. I understand the urge to call this guy a moron, but he's not. He's working with incomplete and false knowledge, which is not his fault. What we need to do when we run across someone like this is present the truth.

He and I talked a bit, (you can see our discussion in the comments below the video) and he was man enough to admit that, based on what I presented, I might have a point. He doesn't agree with me entirely, but I don't need that. It's a big deal to introduce new information to someone, especially in an internet argument, and have them consider it seriously. I appreciated this guy taking time to talk, and being open to a point of view that differs from his.

Down Magazine posted this up on Twitter: #SPM interview with H-Town Dope House Legend locked up on racist charges Carlos Coy! @BabyBash http://yfrog.com/oef6jqwj

I can't find the interview online, but maybe someone out there can let me know where it is.

The Weight of the Evidence

The Court of Appeals ruled the coaching testimony was proper based on the literature and the fact that the expert had ten years of experience as a therapist and supervisor at a children's assessment center. The court specifically rejected the defendant's objection that her testimony about coaching lacked support in studies using statistical analysis. According to the Court, the absence of epidemiology "goes to the weight" of the evidence, not its admissibility.

This is explaining the Court of Appeal's response to part of Coy’s appeal, in which his lawyer objected to Susan Szczgielski’s opinion on coaching. The ‘weight of the evidence’ refers to its scientific backing; the more backing it has, the weightier it is. Admissibility is whether or not it’s allowed in court.

 If I understand this correctly, the state’s expert said “This girl shows no signs of having been coached."

The defense lawyer said “But there are no ‘signs of coaching’. It’s not a fucking science; it’s not something that can be proven one way or the other, how are you going to let this woman testify as an ‘expert’ that Jane Doe does not show any non-existent “signs”?”

The court’s response “Look, the fact that she produced no scientific proof of her claims is enough to let the jury know that she’s testifying about something that’s un-provable and subjective. There’s no reason not to allow it.”

In ‘Moham Mitchell’ Carlos Coy said “I shot the Tooth Fairy trying to reach under my pillow”. Let’s submit this as evidence to an imaginary court.

1.      I testify “Coy says he shot the Tooth Fairy.””

Well, there’s not a lot of weight to this evidence. I can prove he said it, but I’m not offering any proof that the statement is true.

2.      Coy testifies “I shot the Tooth Fairy.”

There’s a little more weight here; Coy is admitting that he himself shot her, and if he can be relied upon as a truthful witness, we have reason to believe him. But it’s probably not enough for a conviction, outside of Texas.

Has anyone seen the Tooth Fairy lately? Was there any sparkly blood drops picked up from Coy's car by the forensics team? Did Coy have a history of unpleasantness with the fairy or any of her relatives? Answers to these questions will either add or remove weight from his confession.

3.      Coy testifies “I shot the Tooth Fairy, and I have her little pixie body in my pocket.”

This evidence carries a great deal of weight; the confession of Coy, combined with the physical proof of the fairy body riddled with bullet holes, gives this testimony a great deal of weight. Of course, Coy could be covering for someone, so we add or remove weight by examining the bullet wound, and comparing it to any guns that Coy had access to. We check his hands for gunshot residue. We find out where he was when the shooting occurred. Weight is added through scientific verification.

Of course this is all ridiculous, because the Tooth Fairy’s non-existence means that any testimony about her would be laughed out of court; in a word, inadmissible. But you know what else doesn’t exist? Signs of coaching; there’s no concrete list of things a child does or says that indicates they have or haven’t been coached.

I’m not saying that ‘coaching’ doesn’t exist; the courts themselves admit that it does.  What does not exist, as far as I can tell, are consistent signs or symptoms that it’s happened. No one can say “The fact that this child is/is not doing A, B, or C is proof that they have not been coached.” All anyone can do is form an opinion based on their own personal experience, biases and interpretations.

The problem I see here is that this woman’s opinion carried with it all the weight and authority of the court that declared her an expert. Denying that the jury would have taken it more seriously than they should have is asinine and naïve in a really disgusting, self-congratulatory sort of way.

It’s mentioned in the appeal that the state expert’s testimony lacked support in studies using statistical analysis and that there was an absence of epidemiology (statistical studies measuring the existence of these ‘signs’.)

If they’re going to allow their experts to pop off with this kind of “it’s only an opinion wink wink” type of evidence, I think it would only be fair to require them to precede every bit of unweighty-but-admissible testimony with an announcement from the judge: “Now y’all listen to this bullshit here.”


Links:
http://www.leadershipcouncil.org/1/lg/2003.html

http://law.justia.com/cases/texas/first-court-of-appeals/2003/79743.html

Letter to Jim Leitner

Back in October I received a letter from First Assistant District Attorney Jim Leitner saying that they had received my request for a review of Coy’s case, but needed his date of birth or case number to process it.

I sent the numbers in right after I got the letter, and I figure it’s time to write in and find out if the review has ever been started. If it has, great; if not, that’s just one more thing to focus on in our letters to Pat Lykos. Please feel free to send a copy of this, or write a letter of your own. This is not my review, or my case; this action needs to be taken on behalf of all of us, and it would be very helpful if several of us contacted the DA’s office about it.

Jim Leitner

First Assistant District Attorney

1201 Franklin St

Houston, Tx

77002

Sir,

I’m writing today about a review of case #908426.

Coy vs. Texas, which took place in 2002, remains one of the more baffling convictions overseen by Chuck Rosenthal’s DA Office.

I received your letter asking for more information in October of 2011, and sent my reply almost immediately. I was wondering if my request for a review had eventually been processed, and what the outcome was.

I would really appreciate you taking a few minutes to let me know. Thanks for your time.

Me, My address, blah blah blah.

There it is; short, polite, and to the point. I put the case number up top, where it’ll be noticed immediately, and included a little information about the case itself so he knows what I’m asking about. When I get a reply, I’ll post it up here.

Responses

I was hoping, really hoping to get a good disagreement from the commenter on SPM Responds (Part 6). I crave disagreement, because it gives me a chance to see if what I believe holds up against criticism. Unfortunately, all I got was some big talk and a crack about my glasses. For the record, y’all, I LIKE my glasses. Yeah, they look like bug eyes, but they work. So fuck you if you don’t respect the glasses.

Anyway, I want to take a minute to dissect this argument, weak though it may be, show you how it’s put together, and how it could be answered.

40oztat said...

S.p.m is a bonafide child molester and that's the facts..its the reason he pays texas syndicate for protection and is also in "protective custody"...the real story is said by filero and it was all real...south park molester ( whom ain't even from southpark) is the real "fake" all the real dudes who know...know!

Let’s take a look at this in pieces:

1.      S.p.m is a bonafide child molester and that's the facts

Stating something as a fact does not, in fact, make it a fact. A fact is a truth known by actual experience or observation. He is trying to establish Coy’s guilt using the same method as the D.A.’s office: “Because I say so.” Knowing what I do about the Harris County D.A.’s office under Chuck Rosenthal I’m willing to allow 40oztat quite a bit more credibility; but it’s still not enough for me to concede this ‘fact’. He accepts it as truth, because that’s what the court told him, and he wants me to accept it, too.

So let’s ask this question: why is it a fact? Is it because Coy was convicted? We know that a conviction in Texas isn’t proof of anything; we can point to George Rodriguez, Timothy Cole, Dale Duke, etc etc. Is it because the cops said so? The D.A.? The little girl who was being pumped full of a powerful hallucinogenic medication? Ask for answerable specifics.

2.      Pays for protection, ain’t from southpark, he’s a fake and all the real dudes know it.

The rest of this is all filler; maybe 40oztat does the books for the Texas Syndicate, and can offer some proof, but I’m guessing not. He claims that SPM is not from South Park. He supports these claims with the assertion that if you don’t believe him, you aren’t a ‘real dude.’ This is like Rolando Rodriguez saying that since he’s a father, and he doesn’t support the ‘Free SPM’ movement, no other father should either.

For what it's worth I make no claims to fatherhood, realness, or being a dude. I’m interested in the justice of the trial, the credibility of the state’s proof, and not the approval of random internet badasses.

40oztat said...

Leave yo address so I can talk to you face to face internet shit talker..I know the families who have been affected by this piece of shit so fuck you and wikipidia see me on the streets homie...HTX Records/S.P.C bitch!!!

1.      Internet shit talker

It’s an easy accusation to make; he could just as easily have called me a dumbass, or a fag. He’s trying to establish my moral inferiority so that instead of arguing the facts, I will start to argue my credibility.

Am I an internet shit talker? Well, I’ve talked a little bit of shit about the HPD, Chuck Rosenthal, the D.A.’s under his command, and the Texas Criminal Justice System. I support the shit I talk with documents outlining their failures and misbehavior. 40oztat, do you really want to defend these people? Is that really the side of the argument you want to find yourself on?

2.      I know the families who have been affected by this piece of shit so fuck you

An attempt at personalization, establishing his rage as righteous and heart-felt. Maybe he knows families that were involved in the case, maybe he doesn’t; anyone could claim to have inside knowledge of the people involved. I don’t, but it would be a very simple way to prop up my arguments

I’d rather use the court documents I’ve gathered, and build my case on verifiable evidence instead of making claims I can’t back up.

3.      fuck you and wikipidia

Seriously? What did Wikipedia ever do to you?

4.      see me on the streets homie...HTX Records/S.P.C bitch!!!

An implied threat. This has nothing to do with the veracity of my case, it’s all emotional. Like a kamikaze pilot, in lieu of convincing facts, he’s willing to use his body (or mine) to make his point. Admirable conviction but it’s not going to help me further my case, so I decline.

40oztat said...

I lived in fifth ward fo a year so ima call my self the 5th ward beaner..fuckin lames y'all don't know shit cuzz y'all sit behind computers do real reserch and talk to tha folks who is out here livin and dying behind bullshit beef and real gangsta shit gettin drug charges and gang jackets google me 40oztat and find out who I be fuckin squares and to jthis FAG wit the glasses life is a trip we WILL run into one another then please do me a favor and beg to god to help you 40 out bitch!!!

Oh, there’s the fag comment. Again, this centers around my lack of street cred, rather than the reliability of the information I provide. I have never claimed to be cool; I don’t know shit about the streets. I am a certified bookworm, a word nerd. I have always been up front about that.

But again, my proclivities are not the focus here. I deal with court documents, statements from the prosecutors, the expert witnesses paid by the state, and I’m telling you that that what they did was fucked up. I don’t have to be in the streets to stand up and say that the system got it wrong.

This guy posted because he didn’t like what Carlos Coy said about Filero; I can understand that. I don’t like the shit I hear said about Coy. But instead of responding emotionally, irrationally, I’m trying to use what I know to change the situation.

Next time you’re faced with someone who sounds like this guy, take a deep breath and really consider their argument; pick it apart in your brain, and respond calmly. There is no way to establish who the realest dude in the room is, but we can absolutely lay down our case with care, systematically addressing each claim using the facts we have available.

Each battle is a small step in the right direction; whether we manage to convince the 40oztats of the world or not, we’re establishing our right to win the war.

New Case Update

MP3 Case Dismissal. In the letter he sent with this, Coy said:

I knew that's what was happening- they just wanted to drag me through the process, make me hire a lawyer then throw in the towel before the first punch. How in the hell are you going to convince a jury that a music player (with no signal) is a cell phone?

Letter to Pat Lykos 16

First post of the month, time for another letter to the District Attorney. If you’re new to the blog, let me explain what this is. Twice a month, I write a letter to send to Pat Lykos, bringing up issues we’ve uncovered in this case. I encourage you to do the same; you can write your own letter, or simply copy mine and send it out, or print out one of the flyers available for download under ‘Links’ in the sidebar to your right.

One letter by itself is easily ignored; many letters require action, and I hope you’ll consider helping us with this.

The Honorable Patricia Lykos

1201 Franklin St

Houston, Tx

77002

Ma'am,

I’m writing today about the case of Carlos coy, #908426.

I learned recently about Taint Hearings, the practice of reviewing forensic interviews in cases involving charges of Sexual Assault of a Child. If the accused can provide ‘some proof’ that the interview was slanted, coercive, or in any way biased, they are entitled to have the courts look into that interview. As I am sure you know, children can easily be misled by well-meaning adults into making or embellishing false accusations.

As you may also know, the child in Coy vs. Texas was first interviewed at a Houston police station, by Officer Heidi Ruiz. At this time, she stated that Coy had touched her. Inexplicably, the recording equipment malfunctioned during this interview.

Also at this time, the child’s mother was asked to give a statement, even though she had previously filed a crime report with an Officer David Milligan. This second statement was judged by Officer Ruiz to be incoherent and badly written, and was discarded

Nothing from this encounter was written down or recorded, and it wasn’t until another interview that the child made the accusation that Coy had licked her. How could this interview be objectively examined for taint (to find out why the child’s story changed so drastically) when no record of it survived? How could it be acceptable for the interviewer herself to testify in court that the interviews were identical?

Surely this sloppy example of evidence gathering is not standard practice for HPD. Please, consider looking further into this issue, and giving us a review. Not just for the sake of Mr. Coy, and his family, but for a little girl that may have been used and manipulated by police and prosecutors; certainly she would not have escaped from that situation unaffected.

Thank you for your time,

Me, my address, blah blah blah.

You can look back through the archives to find more letters, and get some ideas for your own. This is a long-term campaign, and I believe that by consistently bringing our case to the DA's attention, we will get a new trial for SPM. Thanks for writing!