History of Forensics

Just a brief post today; I ran across Radley Balko's Brief History of Forensics and was struck by how many questions still remain about the scientific validity of 'hard evidence' like bite marks, hair matching, and even fingerprinting.

It's unbelievable what has been passed off as sure-fire proof of guilt in courtrooms, and it throws into stark relief the culture of 'conviction at any cost' that seems to haunt to many trials. While this doesn't touch on Coy's trial, as there does not seem to have been any physical evidence offered, it offers a peek at the mindset behind those prosecuting him.

Media

Alright, here's my letter to Lisa Falkenberg, whose work has been linked to pretty frequently. She is a (recently Pulitzer-prize winning) columnist for the Houston Chronicle and has done some amazing pieces on the Grand Jury system and the Alfred Dewayne Brown case, among others. The good news is, you can send your letter via email. Please take a moment to send her a brief message explaining why you would like to see SPM receive a new trial, whatever issue you think is most significant to his case, or just how his music has affected your life. You can do that here: 

http://www.houstonchronicle.com/author/lisa-falkenberg/

Just click the 'Email' link. Thanks again for your continued efforts!

Ma’am,

Hello, and congratulations on your recent Pulitzer award; I have followed your coverage of Alfred Dewayne Brown’s case and am glad to see you recognized for your excellent work.

I’m writing today in the hope that I can interest you in another case that, in my opinion, needs to be brought to the public’s attention. 

Carlos Coy, a local Houston rap artist, was convicted in 2002 for Aggravated Sexual Assault of a Child. The heinousness of the accusations ensures that most people don’t think twice about his guilt, but there were several peculiarities on his trial that his supporters would like to see addressed.

For one, the testimony against him seems to have changed from time to time; the complainant’s initial statement to the police was not recorded, and her mother’s statement from that day was discarded. Both were redone days later. There was never any physical evidence collected, even though the supposed incident was reported the next day. Coy has pointed out that it would have been physically impossible for him to commit the attack, but this was never addressed in court.

I believe he is innocent, but I can’t prove it; I, along with his many supporters and fans, would like very much to see him receive a new trial. I started a blog at Spmaftermath.com where I, and sometimes Coy, talk about the case and try to raise awareness. I would be happy to speak with you about the case, and outline a few other issues with his trial. I have asked the blog readers to contact you and let you know why they’d like to see his case investigated.

Thank you for taking the time to read this; whatever your decision, I appreciate your work on behalf of the wrongfully convicted and I hope you continue helping those who have been abandoned by the justice system.

My contact info, etc.

Recan't

The San Antonio Four are currently preparing for a hearing to determine whether or not they are ‘actually innocent’. This will determine whether they are entitled to full compensation from the state of Texas for their imprisonment or retried, potentially re-convicted, and sent back. One former accuser says they are innocent, the other says they are guilty.

The thought that four convicted sex offenders could get this far in their appeals is awe-inspiring; aided initially by a blogger and then eventually by the media and the National Center for Reason and Justice these four women have another shot at justice.

However, this case continues to highlight the problems with victim recantation. If Jane Doe went to the press tomorrow and stated that Carlos Coy had not assaulted her, or that she had been coached by her parents or prosecutors, that wouldn’t mean that he would immediately be freed. The courts don’t like to see their verdicts overturned, and the entire exoneration is a push against the enormous weight of a system designed to keep those have been convicted from challenging that conviction.

That’s why I encourage you not to rely too much on the chance of Coy’s accuser recanting. I think our best chance at justice lies with raising public awareness about his case. I’m putting together a let for a reporter that, I hope, will be interested in his case. I will post it next week, but I would prefer you not copy & send it as we do with the letters to the District Attorney. Instead, please spend a few minutes this week thinking about what you’ve learned about the case and what you find most significant about his case.  I’ll post the address and my letter  next week and hopefully we can get his case some more media attention this year.

http://fourliveslost.com/

http://www.texasobserver.org/mystery-san-antonio-four/

http://www.weatherforddemocrat.com/news/seeking-vindication-san-antonio-four-head-back-to-court/article_e5657ff2-e238-11e4-b3cc-8b0151fdc37f.html

Cops in Lab Coats

Grits For Breakfast brought this fascinating article to my attention; it’s written by Sandra Guerra Thompson, who helped transition the God-awful Houston Crime Lab into the (hopefully) less scandal-ridden Houston Forensic Science Center.

"Crime labs (in the past) haven't focused as much on scientific research but more on law enforcement and getting convictions and being helpful to the police and prosecutors," Thompson said. That can be through both conscious and unconscious biases and on outside pressures that are brought to bear on the scientists doing the analysis, she said.

We’ve talked quite a bit how bias may have played a role in Coy’s conviction, and the convictions of many like him. It’s a great article, and I’m pleased that Ms. Thompson is involved with the Harris County Justice System. 

http://www.prnewswire.com/news-releases/uh-law-centers-thompson-calls-for-forensic-science-reform-in-new-book-cops-in-lab-coats-300060632.html

Letter to Greg Abbot 3

Time for another letter to the governor; As always please feel free to copy this one, write your own, or just send one of the printable flyers on the right.

Greg Abbot 

Office of the Governor

P.O. Box 12428

Austin, Texas 78711-2428

Dear sir,

I’m writing today about the case of Carlos Coy, 908426, out of Harris County.

As you may be aware, Arizona recently exonerated Deborah Milke, who spent more than 20 years in prison. Her exoneration hinged on an unrecorded confession, supposedly made a police officer with a history of lying under oath and violating the rights of individuals he interrogated. Ruling that not disclosing his history to the defense constituted a Brady violation, the 9^th circuit Court of Appeals threw out Milke’s conviction.

Sir, the child that Coy supposedly assaulted also gave a mysteriously unrecorded statement to an officer of the Houston Police Department. Her mother’s official statement was discarded that same day, equally mysteriously. Although the police had the capability to record the outcry, and to transcribe the mother’s statement, these things were not done until several days afterward.

The main prosecutor in Coy’s case, Denise Oncken, has withheld potentially exculpatory information in at least one documented case. This happened after Coy was convicted and was discovered by the defense attorney who also, coincidentally, was the former prosecutor that assisted Oncken in securing Coy’s conviction.

There are many things about this case that I believe suggest Coy did not seek justice, but this is one of the most glaring. Outcry interviews are so important, especially in cases like this where there is no shred of physical evidence. Please, sir, we ask that you recommend a new trial for Carlos Coy.

Me, my address, etc.