Napue vs. Illinois

Why does it matter if prosecutors ‘tweaked’ testimony about ‘Scary Movie’? What does that have to do with Carlos Coy’s case? What does it have to do with getting him a new trial?

The state should only be presenting the truth; if their case rests on the word of a notorious liar, or someone who can’t remember what happened very well, it's weak. In cases where there is no physical evidence, a jury is basically making a determination of who they trust the most to tell them what happened.

They have to decide if a person is reliable, in order to decide how much weight to give their testimony. If they are not allowed to see that a person changed their testimony, or misremembered facts, they’re going to assume that person’s testimony carries more weight than it should. They're also supposed to take into account if a witness has motivation to lie.

If a jailhouse snitch testifies against his cell mate in return for a lighter sentence, that has to be disclosed in court because it’s a reason to lie. A case that has come up a lot as an example of this is Napue vs. Illinois.
A quick, paraphrase summary:

Napue is on trial. The prosecutor tells Hamer, an accomplice, “If you testify against Napue, we’ll hook you up and reduce your current prison sentence.” Hamer recognizes a good deal when he sees one, and testifies against Napue. During this testimony, the prosecutor askes Hamer point blank:

 “Did I promise you any kind of reward for your testimony?”

Hamer says “No.”

Prosecutor says “Are you totally sure about that?”

Hamer says “There’s nothing in it for me, I’m testifying because I want to.”

Napue gets sentenced to 199 years and both men return to prison.

Years later, the prosecutor files some kind of legal document saying “Hey, I promised Hamer that the state would help him if he testified against Napue, so let’s do that now.”

Napue files a court document saying “WHAT THE FUCK.”

The case is reviewed. An Illinois trial court says “Ha ha, FUCK YOU! This lie, this perjury, had no effect on the outcome of the trial. You stay in prison.”

The Illinois Supreme Court says “Uh…That might be wrong.”

Hamer’s testimony had nothing to with the crime, but if the truth had come out before the verdict  the jury would have seen that first of all, he was a liar, and second, he was testifying in order to save his own ass. But they didn’t see that; they saw what the prosecutor wanted them to see, which was a stand-up guy dropping a dime on his buddy because it was right, not because he got anything out of it. As far as I can tell the problem was that the prosecutor allowed this guy to lie. The Supreme Court said it was his responsibility to correct the lie, so the jury could see the truth, and he didn't do that.

What did the jury in Carlos Coy's case see?

The court, the prosecutors, the judge, they got to see the testimony change from "saw the whole thing" to "only saw a little bit" to "Yeah, sorry, saw the whole thing". They saw it go from "at the house" to "in the theater".

But the jury didn’t get to see the change-up. It looks like all they saw was Mary and Jane testifying to one story that matched up. They couldn't make a determination of reliability based on what happened, but only on what they were allowed to see.

The principle that a State may not knowingly use false evidence, including false testimony, to obtain a tainted conviction, implicit in any concept of ordered liberty, does not cease to apply merely because the false testimony goes only to the credibility of the witness. The jury's estimate of the truthfulness and reliability of a given witness may well be determinative of guilt or innocence, and it is upon such subtle factors as the possible interest of the witness in testifying falsely that a defendant's life or liberty may depend.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=360&invol=264
http://www.capdefnet.org/hat/contents/constitutional_issues/exculpatory_evi/exculpatory_evi.htm

The Problem

According to SPM’s letter, immediately after finding out that Jane Doe had, in fact, seen the movie that she clearly said she had, Judge Ellis said “So, that’s a problem.”



Here’s the whole exchange:

---

Jane Doe: This isn’t the one I seen at my house.



Judge: That’s not the one you saw at your house? Have you ever seen this?



Jane Doe: Yes.



Judge: Did you see the whole thing?



Jane Doe: Yes.



Judge: So, that’s a problem. Okay.

---

Now I see two possible explanations for this, so I’m going to try to break it down to look at it more closely.



There’s two meanings that seem reasonable to me;



     1) it’s a problem that she’s seen the movie. Now this could be because:



          a.    It’s a problem for the prosecution’s case. Maybe he believed them, or maybe he was just     backing them up. I think that, if this is why he spoke, it suggests that anything that might exonerate Coy was a ‘problem’.

      --Or--

     

          b.    It’s a problem because he just finished reversing his previous statement that Jane Doe’s answer was perfectly clear the first time, that it was common sense. Now it looks bad that he did that.





     2)    It’s a problem that the judge just asked the question, point-blank, and received a blatant answer.



Why would that be a problem? Well, there’s no wiggle-room left. The first time she said “I saw it’, it wasn’t in court; the only record of it was the prosecutor’s statement that it had happened, and it was easily dismissed by ‘talking to mom’.



Before she was made to sit down and watch the movie, the judge goaded Chip Lewis:

---

Judge: Why are you afraid to ask her the question?



Chip: I’m not, Judge. This is a waste of time. I’m getting the runaround after the Court gave a perfect directive and Ms. Andrews followed it and I trust her, just like I trust you.



Judge: Well, I had no reason to believe she may have only seen a portion of the movie until this morning.



Chip: Yes, you did. You made the statement yesterday when Ms. Oncken made the objection about we don’t know what part she’s seen or not seen. And you said the Court - - and we could go back in the record - - I trust - -



Judge: So, I can’t change my mind is that what you’re telling me?

---

I can only assume that Chip didn’t want to ask her because he suspected she’d either been told to lie or misled into believing she hadn’t seen it.



Now, she knew exactly which movie they’re talking about. When the judge asked his question it seems like he accidentally limited their options. How were they going to ‘fix’ such a blatant, obvious answer? Despite the prosecutor’s insinuation that she couldn’t remember titles, she obviously remembered the movie, and immediately knew that she had not, in fact, watched it at her house with her mother, father, and cousin.



The mother ‘misremembered’ how and where she saw the movie; Jane Doe remembers perfectly, and Mom’s later testimony backs that up. Whether it was done intentionally or not, it appears that Jane Doe’s memory of the event was steamrollered by someone. “No, no, this is what really happened”.



Eventually the second story is presented to the jury, but not the story of how it got there. They didn’t get to see how it was turned around in a period of a few days, and were prevented from seeing how easily testimony could be crafted, tweaked, and changed.





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

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

Quick Updates From Los (1)

(postmarked July 18, 2012)

Fam,

            I’ve got good news and bad news, then more good news, then bad news, then…. I’ll just write the letter.

            As always, I’m very happy to hear from Incandesio, and especially the pages of her site with all the encouraging comments and love and support. Incandesio is doing an exceptional job with the freedom movement, and concurrently strengthening our movement of dope music and unity. Let me remind you that I love you, and that I’m doing fine over here. Yes, I’m surrounded by the most dangerous men in prison, who won’t think twice about gutting you like a fish, but everyone I meet shows nothing but respect and well wishes. I did get into an argument (last week) with this one guy. The guard accidently gave me his “p.m. snack.” Ya see, some guys get evening snacks because their blood sugar could go low, and if that happens, they’ll need something to eat. Most guys have commissary, but they still like their p.m. snack. Well, I ate the sandwich because I thought the guard was just being nice. So, the guy who was supposed to get the sandwich was like, “Come on, man, I know you saw my cell number on the bag.”

           

I was like, “Nope, all I saw was cheese oozing out the side of the bread.”

            He was like, “That’s fucked up, man.”

            But the guard got him another one, thankfully. I sure would hate my gravestone to read, “Here lies Carlos Coy. He died for eating someone’s grilled cheese sandwich.”

            Alright, the good news is that The S.O.N. is arguably my best album to date. The bad news is that it won’t make the August 21^st release date. I didn’t know that Universal needs at least six months of preparation, after the mastered version is in their hands. I thought it was three months, so that’s why I set the date.

            Guess what? There’s a female guard at my door with my tray. Lunch break!!!!! I’ll be right back………….

           

Alright, I’m back. Not too bad. Today we had meatloaf. Tasted just like grandma used to make, (when she was really drunk.) We also had navy beans, peas, mashed potatoes and my favorite, applesauce! Actually, all I ate was the meatloaf and mashed potatoes.

            More good news is that we’re working on a snippet that gives you a taste of at least ten songs that are on The S.O.N. It will be out very, very soon. I’ll keep you updated as soon as I find out the exact date it will be available. As of now, Jaime “Pain” Ortiz is in the studio, getting it done.

            That’s my update, but I’ve got tons more stuff to tell you, and I will through the “updates”, the “family” letters, Cold Forties and legal answers.

Con Amor,

Carlos

Weekend Reading 40

Juan Gotti was at Tha Westside Spot in San Antonio this week, promoting his new album.

‘Getcho Head Right’, featuring artists such as G Man, Pancho V, and Jes Latino, is dedicated to his father Juan Ramos. I stopped by to tell him about the blog and give him some cards.

About the album, Gotti said “It’s been a long time coming for twelve songs; but I’m back at it.”  

You can find it here, at 101D.COM/JUANGOTTI .

I picked up ‘Greatest Hits, el mas locote edition’ for the 10 unreleased songs, and I also got a chance to take a look at another work in progress:

Rasheed was also in town, promoting ‘Sheedy Gonzales.’ I suck as a reporter and did not ask him much about it, but keep an eye out for him in your city. You can follow him on Twitter @Rasheed713, on Facebook, and find his music at 21st Century Entertainment.

I don’t have a list of featured artists or titles, but check out tracks 2, 9, 13 and 15. SPM’s on the hook of 9, and the others are just fucking awesome.

Jes Latino

Born in Weslaco and raised in San Antonio, Jes Latino started rapping out of high school. He toured with SPM early in his career and is now helping local artists as the owner and Executive Producer of Kriminar Ent.

How many albums have you put out?

“15 total under my independent label, and 3 solo.”

That’s a lot of work.

“Well, that’s one of the main goals as the owner of an entertainment company. My thing has always been to help the artists who don’t have the resources, to help them follow their dreams in the music business.”

What’s in the future?

“Right now I’m working on a compilation for Tha Westside Spot, to promote all the artists; plus me & Rasheed are working on a project.”

Jes Latino’s latest work ‘San Anto’s Most Wanted’ features many great artists, and you can see some of his work here: http://www.youtube.com/user/JESLATINO210

Tha Westside Spot

You can find music from Juan Gotti, Rasheed, Jes Latino and many other underground favorites at Tha Westside Spot in San Antonio, Tx. Housed alongside Martinez Barber Shop, you can visit their Facebook page or stop by in person.

And yes, they will have some ‘Free SPM’ shirts in stock soon.

Knowing is only half the battle

I wanted to draw your attention to this article I used in the last letter to Pat Lykos. The FBI and the Justice Department have decided to review thousands of cases that may have used faulty or exaggerated forensic sciences.

The article states that they FBI knew for years that their hair-matching forensics were questionable, but did nothing. This means that not only were innocent men kept incarcerated, but that nobody DID shit when new convictions were obtained.

This is not the first time an entire fucking branch of forensic science has been discarded.

“The last time the FBI abandoned a forensic practice was in 2005, when it ended efforts to trace bullets to a specific manufacturer’s batch through analyzing their chemical composition after its methodology was scientifically debunked. The bureau released files in an estimated 2,500 bullet-lead cases only after “60 Minutes” and The Post reported the problem in 2007.”

(Emphasis mine)

The purpose here is not to harp on the fallibility of forensics, but to point out that these government institutions knew that they were pulling convictions out their ass, but they didn’t care.

At this point, some of you are probably thinking “No shit; why does this matter?"

Well, before I developed a personal interest in this case, I did not think it was possible for things like this to happen. Learning about the Houston Crime Lab being shut down back in 2002 floored me. I just could not understand that evidence, the backbone of justice, could be faked, ignored, or hidden.

So, for all those who just recently joined us, and may not be aware of the history of the Harris County Justice system, let me be the first to tell you: it happens, in small towns and large nations, because of lone prosecutors and bloated government agencies. Every now and then, though, one has the courage to look back and try to fix its mistakes.

That’s what we’re trying to start for Carlos Coy and I point it out because I need for you to see that, for one thing, it happens; and just as importantly, that it can be fixed.

Letter to Pat Lykos 23

Middle of the month, time for another letter to Pat Lykos; if you want to know what you can do to help, please print this out, put your name on the bottom and send it off!

District Attorney Patricia Lykos
1201 Franklin St
Houston, TX
77002

Ma’am,
I’m writing today about the case of Carlos Coy, #908426.
I recently read an article by the Washington Post that stated the FBI was reviewing thousands of criminal conviction that may have resulted in wrongful convictions based on flawed forensic evidence.

In this era of shows like ‘CSI’, the public tends to assume that in a case where there is any physical evidence, an absolute determination of guilt or innocence is simply a matter of putting DNA into a machine and then reading the print-out.

The federal government has vast and seemingly un-ending resources to use when it comes to determining guilt, but in these cases they chose to rely on questionable methods. Now they have to go back and see how many citizens they have wrongfully deprived of liberty.

How much more likely is it for the wrong conclusion to be reached in a case in which there is no physical evidence at all? If the government will knowingly misrepresent solid physical evidence, how much easier would it be to create an appearance of guilt in the minds of a jury when none exists in reality?

As we know from previous Texas exonerations, it happens. I believe that’s why Carlos Coy is imprisoned today and I urge you once more to look into his case; he has wide-ranging support from people like myself. We want very much to understand how a man could be convicted of such a terrible crime with nothing more than the inconsistent testimony of a young child who may have been manipulated by agents of the state, medical professionals, or her own parents.

Please, give us justice.

Me, my address, blah blah blah.

Weekend Reading 39

An update on the progress of the collaborative mix tape ‘Can’t Stop The Hustle’; it should be done next month, projected release on the 5th. I got an update from James Dehuelves, one of the originators, and he answered a few questions for me…

How many artists came together for this project?

Ten to fifteen; Mistha Fire, Jose Martinez, LJ Blaze Records and Calico Records, Roy Sandoval, Lumbrera Wedell G-Fo Mendez and DJ Faze and also Lady Smiles, ak47, Big Papa El Asesino, also Dropp Topp Records. There’s a lot of labels from up north and down south. This mix tape is going world-wide.

Who’s going to love this mixtape?

I hope everyone does!

Do you have any more upcoming projects? Tell us a little about them.

 Yes I do; I’m working on the Lansing take-over and still will be pushing Can’t Stop the Hustle, the movement until they free the Mexican and even after. I’m working with some new artists, also networking down south a lot and I hope this project will have a vol. 2.

I really admire all the people that came together to work on this, and I’m looking forward to seeing it finished; this is the kind of awareness-raising that I believe is going to be instrumental in reaching people who may otherwise not have heard the truth.

Note: This is not an SPM album, but a project whose goal is to let people know what's going on.

Seeking Solutions

Grits for Breakfast has a link to an amazing series up at the Texas Tribune; made by Brandi Grissom, Ryan Murphy and Justin Dehn, it outlines a few recent and high-profile exonerations, talks about how it happened and what is being done and what could be done to prevent wrongful convictions in the future.

There are four articles and a video, which you can see here.

There’s the story of Michael Morton, and his son Eric; there’s an interview with Anthony Graves, Kerry Max Cook, and Dallas D.A. Craig Watkins who has been actively seeking out cases that sent innocent men to prison.

This is where Texas is, right now. The Kill-Someone-And-We-Will-Kill-You-Back state is just now coming to grips with the fact that its prisons may be housing innocent men. How can this culture of conviction at all costs be squared with Texan’s fiercely independent, liberty-loving history?
Please, take a moment to read these articles, watch the video, and then take a look at this page.


Look at the faces displayed there; it does not matter what color your skin is; what your age is, your sex, your criminal history or financial backround. If the state of Texas wants you in chains, they will get you.

They win because they have unlimited resources, they have the police on their side. The State pays the judges, the prosecutors, the experts. If they decide you’re going down, then that’s what will happen because we have refused to call them out on it.

Don’t let this continue. Stand up. Demand that the state of Texas explain the bewildering conviction of Carlos Coy, one acheived without evidence, without convincing proof, without reason.

Prejudice

It seems trite but necessary to observe that our criminal system is accusatorial, not inquisitional, where the Rules of Evidence, not prosecutorial fury, are to prevail, and the prosecutor is not permitted to assume the role of Torquemada.
Though the appellant failed to properly preserve many errors resulting from the prosecutor's misconduct, the facts of the present case, in which impermissible prejudice permeates the entire record, indicate that even frequent instructions to disregard would not have sufficed to remove the prejudice.

This is from the case of Donald D. Rogers, written by the Texas Court of Appeals when they overturned his trial. Sometime in the ‘80s he was found guilty of ‘Indecency with a Child’, sentenced to serve six years and fined $6,000.

I found it through the blog of John T. Floyd, which I highly recommend if you’re interested in reading successfully appealed cases; obviously we’re talking about the appeal here, not the guilt or innocence of the defendant; I don’t know what ultimately happened to this guy, and I’m not particularly interested.

What interests me is the court’s finding that “the prosecutor's conduct during the trial, particularly her sidebar remarks, assumption of inflammatory facts not in evidence, prejudicial remarks stating her personal opinion, and improper bolstering, was manifestly improper and indicated a willful and calculated effort to deny the appellant a fair trial, thereby resulting in fundamental error.”

Apparently it is possible for a prosecutor to act so outrageously that her behavior alone is enough to overturn a conviction. However, this is not what I’m comparing to Carlos Coy’s case; we’ve only seen a small part of the 6,000 page transcript, so we don’t know how the prosecutors behaved throughout the whole trial.

What I find interesting here is that the TCA admitted that enough little, prejudicial shit happened that, while not technically illegal, it would be impossible to deny that the jury could ignore it. Coy said about his appeal “nothing was significant enough, out of the eight, or so, mistakes that my appeals lawyer brought up, to win my appeal. It’s like I was killed by thousands of ant bites.”

In at least one trial in Texas that, in and of itself, was enough to get a man back into court.

Although I imagine all the judges sitting on that court have long since retired or moved on, the precedent should still stand. A ‘willful and calculated effort’ to deny someone a fair trial should be enough to get that trial re-done.

So now the question becomes, is there evidence that the prosecutors denied Coy a fair shake? Well, we saw how Judge Ellis allowed the prosecutors to craft a story they liked, then change it suddenly when the little girl wouldn’t keep up her end of it.

He allowed the prosecutors to use the unverifiable testimony of Heidi Ruiz that the first, unrecorded interview she had with Jane Doe was EXACTLY the same as the second one. In Coy’s words: “Ruiz typed the statement herself. She watched the child’s interview, then got with her mother to type a statement that was consistent with what the child said.”

Mary Doe was allowed to testify that her father had died of a heart attack because he was told that Carlos Coy assaulted her daughter.

The prosecutors were allowed to hide the truth behind the symptoms that Jane Doe was experiencing: “The problem in my criminal trial was that the judge didn’t allow Chip to talk about anything having to do with the child’s home environment. He said it wasn’t relevant. So the jury heard nothing revealing about this family. They probably believed they were church-going Christians like Mary Doe had told them.

            Without Chip being able to show the home conditions causing Jane Doe’s disorder, his point was missing important pieces.”



It’s a lot, but is it enough? The only way we’ll ever know is to keep looking into this; keep pushing for the truth, keep asking the D.A. to look into it, keep spreading the word about what went on.



http://scholar.google.com/scholar_case?case=14696537595186930184&q=725+S.W.2d+350++&hl=en&as_sdt=2,44

Weekend Reading 38

If you weren't at Urban Fest 2012 in San Antonio last weekend, you missed 2Live Crew, Bone Thugs'n Harmony, Jes Latino, and the Hooligan Boyz; you also missed the chance to look up at me and shout "Daaamn, that's a huge bitch!

But most importantly, you missed an energetic performance by Rasheed, including one of his newer tracks and three Dope House classics; every person there knew the songs, and it was very encouraging to see the crowd's reaction.

I was able to pass out some cards with the blog address and talk to a few people about the case. I really want to urge you to get out there and spread the word; people want to hear about this and you're helping them by pointing them to this blog, where they can find SPM's take on it.

Here's a few things I picked up at the show...

The kid I talked to who was selling these CDs was very enthusiastic about the blog; check out their music on Facebook & support local artists.

http://www.oneofakindrecords.com/

Tha Westside Spot

Dear Family (Part 6)

El Fam,

            I won’t make this letter very long, because, as you’ll see, I’ve got another, rather long letter for you to read. It’s something that I originally wrote for a young man whom I do not know by name. But his sister wrote me, a girl out of Houston named Patricia. She told me that her brother was not doing so well, and described a little of his situation. His story was so similar to mine, when I was his age, that I was compelled to reach out to him. After finishing his letter, I realized that my words could possibly benefit others. I’d like to know what you think about the letter, in which Incandesio will send me your comments, if you have any. She always sends me your uplifting entries, and I’m truly blessed to have you as friends, fans and family.

            At the end of the letter I’ve got a Cold Forty that I rewrote from something that I wrote in the past, but not on this blog. So, I hope you’ll enjoy it, and I shall speak to you, again, very soon.

Con Amor,

Los

---

What’s Up, Lil Brother,

            It’s da boy S.P. coming your way with a few lines. Your sister wrote me and told me a little about you, and how much she loved you, and if I could write you a few words of encouragement. But she didn’t give me your name so you’ll have to be “Lil Brother” for today.

            Her description of your life sounded almost identical to mine. I kept failing the ninth grade, all the way till I was seventeen. That’s when I said, “Fuck it, I’m gone.”

            I constantly broke my mom’s heart and all she ever did was give me everything she could.

            I was always in some shit, getting jumped, getting blowed, running from police. I never joined a gang, but many of my friends were banging, so I was right in the middle of it.

            Here’s the thing, though: I knew I was fucking up, just like you know. Really, we all know right from wrong; that’s not the problem. The problem is we just don’t give a fuck.

            “Carlos, you’re destroying your life.”

            “So.”

            “What are you going to do when you’re an adult and all you have is garbage in your head?”

            “I’m not worried about it.”

            “You’re going to end up in prison; that’s if you’re lucky. If not, you’ll be in a cemetery.”

            “I don’t care.”

            My mom didn’t realize it, but she was spoiling me by giving me what I should’ve worked for with good grades and good behavior. All she got was me disrespecting her. But every new day brought a fresh batch of my mom’s forgiveness as I continued being a bad person. It’s not her fault, she was just doing her best. But when you spoil a kid, a really bad thing takes place; that kid becomes selfish than a mothafucker. He won’t give a damn who he hurts, even if it’s his own mom, or grandmother, or girlfriend. Mix spoiledness with a painful upbringing and you’ve got a nightmare in the house. But for every throwed-off, selfish dude, there’s always some damaged chick who will take his shit. It’ll be a fucked up relationship, but it happens all the time. And then they have kids, and the kids get built with the same shit, thus the infamous cycle powers on.

            I used to blame my dad for my problems because he was never around, but I don’t know what my dad’s life was like. I wasn’t there when he was a baby absorbing his environment. Some people have colder hearts, they’re more emotionally dull, but it’s not because they’re evil. It’s just the ingredients they were made with.

            Psychologists say that the first five years of life make a person into who he’ll be for the rest of his life. They say the first years of life is when a person’s brain absorbs the most content. So, while that little baby is drooling all over the place, his mind is collecting data at a record-setting pace. It’s not so much that he’s learning, but more like being made. And, like I said, by the time he’s five, the sponge is full. His definition of normal is established. Whatever that “normal” is, will be the world he feels most comfortable in. So, if his definition of normal involves a high level of pain, he’ll create a life for himself that produces that level. Maybe gang life, or drug use, or just being pissed-off about everything. Whatever it takes because our normal is a force that we feel off-balance unless we’re living in it.

            So, what can we do when pain, and drama, and bullshit make us feel whole? I’ve been working on that one for years. Even when I was making tons of money, driving expensive cars, living in a castle, I was still putting myself in bullshit. I was still getting shot at, still breaking my wife’s heart, still getting all fucked up. It didn’t have to be that way, but money don’t change shit. We still need the life that our normal craves. Even though I’m in prison on a fraud-ass charge, I guarantee you that prison saved my life. I’m lucky to be alive because I kept chasing trouble, and trouble would’ve surely buried me by now.

            It sounds like you’re on a similar path, bro, but just one letter won’t do much. After a few months, or a few blunts, you won’t remember a damn thing I said. All I can tell you, little brother, is that I love you, and it’s not your fault. It’s no one’s fault. It doesn’t mean we don’t need penitentiaries, but we damn sure don’t need judgmental dick suckers. I always hear some dumb bitch saying, “Well, once a person gets a certain age, they can choose what they want in life. If they choose to fuck up, it’s their own fault.”

            Whoever thinks that way doesn’t realize that, for some people, it’s harder to make good choices. And the harder something is, the more people fail. For others it’s easier because their definition of normal involves less pain, so they’ll make better decisions because they feel more comfortable in better environments. I had all the nicest things in the world, but I still hung out in the worst places because that was the only time I felt at home.

            It reminds me of that chick who don’t feel right with the right guy. “He’s too boring, too mushy, corny, no challenge.” She has no idea why she goes dry around this guy, but it’s a natural reaction. Then she meets the exciting guy, the one who’s a challenge, the one who makes her feel alive. Now her donut gets wetter than a dolphin, but two months later she’s getting treated like dog shit. Still, she’ll stick with this dude as he drags her through a thousand miles of misery. Why? Because, somehow, this dude provides a life that is closer to her definition of normal that what the nice guy can provide. She’s instinctively attracted to pain, and instincts are harder to fight than a twenty-one year old Mike Tyson.

            I’ve always said that the world’s worst addiction is pain. That’s where it all starts. You’re not hurting your mom because you hate her. You’re not disrespecting those who love you because you want to hurt them. You’re doing it because it gives you the purest, most uncut pain that life can offer. Right now it’s your mom, but later it’ll be your wife.

            But when I tell you it’s not your fault, I can hear that same dumb bitch saying, “All you’re doing is letting people off the hook. You’re telling them it’s okay to be pieces of shit because, anyway, it’s not their fault.”

            “No, dumb bitch, I’m explaining the facts. It doesn’t mean that a person should stay the same. If you buy a new car and it breaks down two miles up the road, it’s not your fault; but that doesn’t mean you put an address on the motherfucker and live in it. You still gotta get it fixed. But to fix a problem, or, in this case, to defeat demons, you have to know who they are, how they operate, when they infiltrated.”

            “Fine, but you didn’t have to call me a dumb bitch.”

“Sorry.”

           

            Love is the most powerful force in existence – it’s the answer – but I can’t just inject you with love. I can’t make you care for yourself. All I can say is no matter what you did in the past, you deserve the best. The thing about that is only you can give yourself the best. Only you can do that homework every night, only you can be kind and respectful, only you can make the right decisions during those critical times in life.

            You’ve got one chance to prepare for adulthood and that’s right now. Adulthood is like a coming storm but, while you’re young, you can build a strong house, with weather-proof windows, good plumbing, good electrical, beautiful inside and out. So when the storm comes, you just sit back and eat popcorn.

            The “house” I’m talking about is your life, bro. If you don’t build it right then it’ll be weak. You’ll either live some bullshit life where you’re still hurting people, or be layed up in a cage or a casket. This isn’t what I think, this is one plus one equals two.

            I’m not trying to tell you what to do because I don’t think no one can. But if, and that’s a big “if”, you can find some love in yourself, to start fighting for yourself, you can give yourself a rich life. I won’t lie to you, it’s not easy, and most people in our position fail. Actually, that’s not true; most of them don’t even try because they don’t have the love to give a fuck. If you can’t find the love, what can I say? I damn sure won’t judge you. But if you wanna try, here’s a few instructions.

            First of all, you can’t hang out with fuck-ups. If you want to put your life on the right path, you can’t walk with people on the wrong path. It’s common sense but a lot of dumbasses have tried to quit drinking, quit smoking, quit fucking up, but they kept the same friends. It doesn’t work.

            Second of all, (which I just mentioned), you have to quit drinking and smoking. Patricia didn’t tell me if you did or not, but I’m pretty sure you do. You’ve got to find a place that can help you, because addiction to weed and alcohol is not easy to break. Lots of dumbasses have said “Man, I can quit anytime I want, I just don’t want to.”

            “Well, not wanting to is called addiction, dumbass!” (By-the-way, I was the dumbass in the examples given.)

            And last, you’ve got to figure out a plan to educate yourself. Then, stick with it. I can pretty much bet that you failed the ninth grade again, so now you’ll be seventeen in pre-algebra with a bunch of rug rats. My older brother dropped out of school to start working, but he came back a few years later. He was twenty-one when he graduated, and there’s no shame in that. He might’ve been the only kid at lunch with potato chips in his beard, but his classmates were too scared to laugh about it. (laughing)

            Or, you can take G.E.D. classes, graduate that way, and go from there. With a G.E.D. you can go straight to Jr. College, which is what I did, and get an Associate’s Degree, which is what I didn’t do. Or, after two years of Jr. College, you can transfer to a four-year college, and get a Bachelor’s, or even a Master’s Degree. You can also take a trade in Jr. College like mechanics, or plumbing, or even be a cop.

            “Booooooo!”

            “Hey! Who said that?!!”

            “Not me.”

            There’s many good options, little brother. If I were you, I’d talk to a school counselor and see what advice he or she can give you. Just say, “Look, I’m sixteen, hung out with the wrong people, still in the ninth grade, but I want to try to save me life. Can you help me with a plan?” That’s what counselors are for, so make ‘em earn their paycheck.

            If you ask me, I say stick with high school. But, if possible, start over at a new school, so that old friends won’t be able to make things difficult for you.

            Before I go let me say one last thing: maybe you’ve made some dishonest money before. Maybe sold a little weed, or some stolen rims, or maybe you’ve done worse. I’ve been there; I had four felonies by the time I was fourteen, and that’s just what’s on paper. I want you to know that I’m not trying to preach when I tell you this. All I’m doing is relaying the truth. If you don’t listen, you won’t be the first or the last. With that said, I want you to remember five words: Always make your money honestly. Whenever the time comes for you to make a living, whether it’s now or after you’ve gotten a degree in grooming hamsters, make sure your every penny is made legally. The richest criminal in the world might have nice things, but he’ll never have happiness. Because the main ingredient for happiness is peace, and dishonest money robs you of that priceless treasure. A dope dealer living like Donald Trump would be better off flipping burgers for Ronald McDonald. Only the blind believe that an abundance of money makes you rich. That belief is one of the cruelest jokes that life can play on us. True wealth is good health, a peaceful home, and beautiful relationships. Only honest men can have all three.

            I’m no angel, bro. I make lots of mistakes. But I love God and I love people. I don’t know a lot about the Bible, but I know God said, “Listen, if you have ears!” If you don’t have ears, well, I guess you got a damn good excuse. But how do you wear sunglasses if……..Let me stop trippin. Good luck, bro.

Con Amor,

Los

---

Now, let us twist the top off of

Another Cold 40

“This Is Not Chess”

I been locked up so damn long I feel like Socrates

think the last movie that I saw was fuckin Rocky 3

wait, was it Rocky 2? neva mind I can't recall

Hey, do they still sell Screw cassettes at the mall?

what about the carnival, where I shot the basketball

won that Fara Fawcett shirt, and that little rabbit claw

every line I rap is raw so I hope you have a straw

really I'm da crack 'n' ya'll softa than a padded bra

spongy like a deer nose or squooshy like some earlobes

you should just cheer Los cause ya'll ain't even near G.O.A.T.S

that is just a mere hoax 'n' I ain't tryna hear jokes

all I'm tryna do is get this fuckin shit clear folks

I am what they fear most drinkin rootbeer floats

President of Dope House and even got the queer's votes

"How do you know that you da best? Can ya share it?"

Well, like a bird that gave birth, it's a parent

haters you can lick a nut matta fact sick a duck

"Los, but the kids are reading this!" I don't give a fuck

drinkin outa prison cup locked like an animal

I swear I heard the judge say, "Remember the Alamo!"

all they really did, took me from a slow suicide

They was at the party like, "Toast to Los crucified!"

"Wait, Judge, look outside! Those are all his Stan fans!

Blacks, Whites, Browns even aggravated Afghans!

Indians and Asians, too. Look! there's a buncha nunns!

One's gotta fuckin gun! Run! We're in trouble, Judge!"

I done did a hundred months askin guards, "What's for lunch?"

watchin T.V. playin chess eatin Crunch 'n' Munch

chillin with computer hackaz, pistol packaz, money jackaz

old men wearin Huggy pampaz unlucky bastards

me, I be higha than Mariah's fifth octive

I went up for a lay up but my potna Cliff blocked it

I was like, "Man, in the world people let me win!"

He was like, "Los, look, fuck if you SPM."

Fine! I'll just stick to rap! make the people jubilant

doing comp and only usin one squeeze of lubricant

slap'em like a stupid kid make'em tie his shoestrings

this is not chess bitch how can there be two kings

fuck it, though, you can claim it all, I ain't trippin on it

Nas put rap in a grave, I'm just pissin on it! (lol!)

                        Los

Letter to Pat Lykos 22

If you’re here because you got a card at Urbanfest, welcome! Thanks for your interest in Carlos Coy’s case.

Here’s my first letter of the month to D.A. Pat Lykos. As you can see, I’m trying to bring what we’ve learned from Coy’s June letter to her attention. Please feel free to print this out, write your own, or just download the flyers on the sidebar to your right and send it to the address below.

District Attorney Patricia Lykos
1201 Franklin St
Houston, Tx
77002

Ma'am,

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

As you may be aware, a district judge in Shelby County recommended overturning the trial of Mr. Kenneth Boyd based on “a pattern of prosecutorial misconduct.” We recently learned about a similar instance in the case of Carlos Coy, centering on whether or not the young accuser in his case had seen a particularly graphic horror movie.

Although she made it apparent early on that she had seen the whole movie, Judge Ellis seems to have allowed the prosecution several opportunities to adjust the girl's testimony. When the judge could no longer ignore her insistence that she had seen the whole thing, he allowed the child's mother to testify twice, once out of the presence of the jury and once in front of them, and she swore to two different versions of how and where the movies were seen.

Ma'am, I do not believe this was a good example of the Harris County D.A.’s office seeking justice. You can see for yourself in volumes 14-16 of the trial transcripts. Every time an innocent man walks free, the public becomes more aware of the way these trials are conducted. I urge you again to take a look at Coy vs. Texas, and imagine how it looks to those of us who have no legal background, who have until recently simply trusted that the Justice System desires justice.

Was this the only time prosecutors were allowed time to ‘tweak’ the child’s testimony? Was it the only time the judge allowed testimony that was almost the polar opposite of what had been offered when the jury was not present? Unfortunately, I do not have access to the full court transcript, and everything that was used for the investigation and to build the case against Coy is hidden behind the Family Code. You have access to this. Please, take a look; was justice done?

Me, My address, blah blah blah.