Letter to Mike Anderson 12

Time for another letter to D.A. Mike Anderson! But first, a reminder; Dope House Records has announced the release of 'Frustration' tonight, probably at midnight, Texas time. You can download it, as well as the S.O.N. Snippets, 'Angels', and 'People', from their SoundCloud account here: https://soundcloud.com/dopehouseofficial

As always, please feel free to copy this letter, write your own, or just send one of the downloadable flyers to your right. Let's make sure the D.A.'s office understands that we're still interested in this trial!

1201 Franklin Street,

Suite 600,

Houston, Texas 77002-1923

The Honorable Mike Anderson

District Attorney

Harris County

Sir,

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

As I have mentioned before, there seems to have been no physical evidence against Coy admitted during the trial; he was convicted on testimony. I am sure you already know that in cases involving child victims, the credibility of the initial ‘outcry’ statement is paramount. Every retelling of the incident will be measured against it, as children’s memories can be malleable.

In Coy’s case, the first statement by the child to law enforcement was discarded; the police officer claimed that the audio had malfunctioned. The written statement submitted by her mother that day also disappeared; the same police officer claimed that she was too distraught and uneducated to write.

Later statements, take by the Houston Child Assessment Center, differ significantly from the initial police report. Sir, I believe you know that this can’t be right; there must be a stricter burden of proof, or who can count on the justice system to recognize their innocence? Who has a past so stainless that they don’t have to fear wrongful conviction?

Please, look into this case. Give us justice.

Me, my address, etc etc etc.

The Other System

The Texas Observer published a really fascinating report on misconduct within the HPD, and the microcosmic ‘justice system’ that exists for police officers. I really encourage you to go read the whole thing; there are a few specific instances of bad behavior highlighted, but what really got my attention was the information about how citizen complaints are handled, and how easy it is for an officer to get any number of punishments overturned, or at least reduced.

A study from 2002 revealed that, over five years, officer suspensions were reduced by almost half. Earlier in the article it talks about how hard it is to get an officer suspended for even the most brazen offences.

There’s little accountability for officers, and a well-funded appeals system through the police union.

“...Officers testifying in their own defense are given the benefit of the doubt to a sometimes-ludicrous degree, while citizen testimony is often disregarded by default, even when the citizen has no reason to lie and the officer does. Arbitrators sometimes even disbelieve the testimony of superior officers when it conflicts with an accused officer’s defense.

The result is an ineffective, inefficient discipline system that tolerates misbehavior, protects officers better than citizens and retains officers that no one should have to rely on in an hour of need.”

How can this system inspire trust in those subjected to the whims of its enforcers? 

Weekend Reading 73 (Part 2)

I just found this on Twitter; looks like Pocos Pero Locos will be premiering 'Frustration' on the July 25!
You can also qualify to win a copy of Pocos Pero Locos Presents: "The SPM Hits", so definitely check that out here:  http://pocosperolocos.ning.com/profiles/blogs/letter-from-spm

Weekend Reading 73

From the excellent blog Popehat, a discussion on Statism:

"The notion that the state can be counted upon to accuse the right person, and that the justice system will punish the guilty and only the guilty, is comforting; the concept that the system is flawed and fallible is terrifying. Due process, like any sort of freedom, is scary and messy. How much more soothing it would be to believe, like Nancy, that the state is right, and that anything or anyone that stands in the state's way may be righteously denounced."

Letter to Mike Anderson 11

Time for another letter to the D.A.! As always, please feel free to write your own, copy this one, or just print out one of the downloadable flyers to your right!

1201 Franklin Street,

Suite 600,

Houston, Texas 77002-1923

The Honorable Mike Anderson

District Attorney

Harris County

Sir,

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

While the 24-hour news cycle is busy rehashing the George Zimmerman trial, I wonder if you have had a chance to consider the recent doings of the Internal Revenue Service. On the 15^th of this month, the Treasury Department quietly revealed that since 2006, the tax records of various political candidates and campaign donors were subjected to unauthorized scrutiny. The Justice Department has declined to prosecute these cases.

Sir, I believe you are fairly conservative; I don’t believe anyone has to explain to you the detrimental effects of a government that improperly involves itself in the lives of private citizens. When a branch or department of that government takes a dislike to a particular person, there is no limit to the hell it can bring down on that individual’s head; I’m not talking about a just and lawful investigation of a crime, but the systematic destruction of one person by the vast, unstoppable, crushing force of the justice system.

Carlos Coy was locally notorious; he very publicly proclaimed his disdain for the Houston Police Department, and was not too shy to call them out on what he perceived as bad behavior. Given the Harris County Justice System’s sketchy past, and their abysmal lack of support for the constitutional rights of citizens during Chuck Rosenthal’s tenure, it is not unreasonable to wonder if the police or the district attorney's office may have gone after a public detractor like Coy with more enthusiasm than was appropriate.

Please, consider looking into his case; there are many question that we as members of the public and fellow citizens have about the investigation, the trial, and the methods used to convict him. These concerns cannot be dismissed, they cannot be forgotten.

Me, my address, etc etc etc.

http://www.washingtontimes.com/news/2013/jul/15/feds-admit-improper-scrutiny-candidate-donor-tax-r/

Judge Coker

I want to bring your attention to a case out of Polk County, significant not so much because of what happened, but because of the commentary on it.

A Judge Elizabeth Coker was caught texting pointers to prosecutors during a trial.

Not directly to the one prosecuting the case, but to another prosecutor, who helpfully wrote the text down on a piece of paper and passed it up.

Houston defense attorney Mark Bennett, over at the excellent blog Defending People, explains that a judge aiding the prosecution is not shocking; what’s shocking is that she did it in a way that could be tracked.

“In short, the judiciary acting as an adjunct to the prosecution shouldn’t surprise anyone. Elected judges identify with the state. There are very few who will decide close calls for the defense. There are many more who will bend over backwards to make sure the state wins.”

We don’t know what kind of contact Judge Ellis had with the prosecutors, but you may recall that he was willing to reverse a personal judgment call in favor of the prosecution at least once during the trial; no matter how much importance you assign to whether or not Jane Doe had seen a movie with a sex scene very similar to how she described her supposed assault, he does appear to be trying very hard to give assistance to the prosecutors in this instance:

http://www.spmaftermath.com/2012/06/spm-responds-part-8c.html

I will admit, I tend to focus on the negative here; there may be a million judges making a million just and impartial decisions every day, but even one blatant instance of bias by someone like Elizabeth Coker overshadows and taints everything.

http://www.abajournal.com/news/article/judge_texted_during_trial_to_help_state_says_ex-prosecutor/

Letter to Mike Anderson 10

Time for another letter to Mike Anderson! Just a short one today; please, feel free to write your own letter, copy this one, or just send in one of the flyers to your right. I appreciate the help & support!

1201 Franklin Street,

Suite 600,

Houston, Texas 77002-1923

The Honorable Mike Anderson

District Attorney

Harris County

Sir,

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

I’ve written to you about a few aspects of Coy’s trial that, I believe, are wrong; the lack of evidence against him combined with the type of opinionated testimony offered makes me wonder who could possibly hope to escape conviction.

If all it takes are the faltering accusations of a small child with a history of stress-related disorders and experts who are willing to classify their feelings that a defendant is guilty as fact, whose son, brother, husband or father is safe? What defense could possibly be mounted that would successfully counter this type of prosecution?

Please, take the time to review his trial; consider the State’s case, and ask yourself if you would be willing to consign someone you love to prison on what appears to be such flimsy evidence.

Me, my address, etc etc etc.