The Problem with DNA

 

I want to bring to your attention this post by Grits For Breakfast; he’s talking about DNA exonerations and what it means for those who cannot be exonerated by it because there was no DNA evidence collected.

 

“Obviously, even the lowest of those estimates far exceeds the number of DNA exonerations. If just .75% of inmates in Texas prisons are actually innocent, that would translate to nearly 1,200 people currently incarcerated in Texas prisons for crimes they did not commit, though the real number could obviously be even higher. In the overwhelming majority of those cases there is and never will be DNA evidence available to prove their innocence.”

 

If there was a way to argue Coy’s case without talking about the behavior of those who convicted him or the circumstances of his trial, I would go for that. It’d be easier to say, “test the evidence” than it is to point out inconsistencies in testimony against him, the behavior and histories of the prosecutors, and the general unreliability of the ‘science’ brought to bear against him.

 

But in Coy’s case, as in so many others, there was no hard evidence collected. Nothing to test. Which means we have a case so weak, that the prosecutors tried to  get him to plea out. Five years for a man they claimed was ‘so vicious, so predatory,’ but, when it came to trial, they tried to get him a life sentence.

 

Our job, as the “low-hanging fruit” of DNA exonerations is cleared out, is to keep reminding the public that most crimes do not yield DNA, but that doesn’t decrease the likelihood of a false conviction.

 

 

http://gritsforbreakfast.blogspot.com/2012/10/dna-exonerates-300-but-cant-clear-most.html

Prior Contradictory Statements

I mentioned to you that a couple things had jumped out at me when I re-read the Habeas Corpus appeal, and I want to talk about the second one today.

Here’s the bit from page 16 of the appeal; ‘Q’ is Coy’s defense attorney, and A is Mary Doe, the child’s mother:

"Q:. . . And if I got your testimony right, you told [your sister] that you were sure that [the molestation] had happened; is that right?

A:My sister?

Q:Right.

A:I never told her I was – I mean, we knew it was true.

The state habeas court found that Coy’s attorney elicited these statements “for the purpose of committing [Mary Doe] to her prior testimony, so that [he] could subsequently impeach [Mary Doe] with the previous inconsistent statement reflected in the complainant’s medical records [that she was not sure the sexual assault actually occurred].”

A brief translation, as best I can: Coy’s attorney asked Mary Doe if she knew, with a certainty born of Divine Motherly Truthiness, that her daughter had been assaulted; with no shadow of a doubt, no cause to question it.

Absolutely, says Mary. No question. We KNEW it happened.

He brought this up so he could later point out, using the child’s medical records as proof, that Mary Doe was, at some point, “unsure if the sexual assault had occurred.” That she didn’t always KNOW it had happened. This was an important point, as the Appeals Court pointed out:

“…by impeaching Ms.[Doe]’s credibility on this issue Coy’s counsel stood to discredit her entire testimony. The very statements Coy complains about, that Ms. [Doe] believed O.S. was telling the truth, were the same statements used to impeach her by confronting her with prior contradictory statements.”

(emphasis mine)

Prior contradictory statements. Why do they matter? First of all, she testified that she knew the assault had happened, even though she had stated, apparently to someone involved in the child’s medical care, that she wasn’t sure if anything had happened. I don’t know if it was a bald-faced lie, or if she was just caught up in the drama and forgot, but basically she swore to something that wasn’t true. This issue of her misremembering salient details also came up during the discussion of whether or not she allowed her young children to watch movies with graphic sexual content.

Second, think back to Coy’s response about that first, untaped interview with Heidi Ruiz. Ruiz stated that Mary Doe was so upset, so completely torn apart by what had happened that when she tried to write out a statement, it was completely illegible. At this crucial point, when the child's testimony supposedly changed from 'being touched' to 'being licked', from 'Indecency with a Child' to 'Aggravated Sexual Assault of a Child', Ruiz was naturally forced to throw out the only record of the interview.

From Coy’s Response (Part 4.a):

Court Transcripts Volume 11 of 31 Pg. 177

 

Ruiz: I got (Mary Doe) to calm down enough to start writing a statement and when I came back to check on her she was visibly upset, still continuing to write her statement. Came back to check on her a few minutes later and she had finished her statement. It was- - her ability to write was not there.

At this point, as far as I know, Jane Doe had not been medically evaluated. So I’m guessing the ‘contradictory statement’ was entered into her medical records three days later, when she was taken to the CAC.  Ruiz claimed that, at the time of the first interview, Mary Doe was so upset that she was unable to produce a legible written statement. However, apparently three days after this, she unsure that anything had happened. If she was unsure there had been an assault, why would she be so upset that she couldn’t write a damn statement?

And why did Ruiz feel comfortable destroying the only written record of the child’s changing story?

http://www.scribd.com/doc/33106215/Coy-Trial-Habeas-Corpus

Weekend Reading 49

Here's an article I found from 2000, that originally appeared in Newsweek.

http://www.thedailybeast.com/newsweek/2000/12/17/lone-star-rap.html

Opinionated Experts

Today’s post is for those of you who believe that an expert’s opinion, given in court & under oath, has some kind of sacred weight to it; those who say, “Of course an expert’s opinion is worth more than that of a lay person. Experts have training, experience, and the ability to objectively compare information to bring a court the best, most accurate information available, right?”

 

Remember that case I mentioned, the four women from San Antonio convicted of raping two little girls, one of whom has since recanted? There was a pediatrician who testified for the prosecution, Dr. Nancy Kellog.

 

Kellog testified that the two girls bore physical proof of the assault. She pointed out white lines, thickening, reddening. Incontrovertible, scientific evidence…That wasn't.

 

…Many physical signs of abuse identified by doctors in 1980s cases, like bumps, white lines, and other markings on hymens, were found through several studies in the late 1980s and 1990s to appear in both abused and non-abused girls[…]

 

Kellog also testified in the trial of Frank Navarijo that, in her opinion, the child’s physical condition was definitive evidence of penetration. This opinion flew in the face of what can be scientifically proven but Navarijo was convicted anyway, and is now sitting in prison waiting to see if his accuser’s latest recantation will be enough to win him his freedom.

 

Both sides present experts to support their case; it’s necessary and beneficial. However, assuming that their opinions and evidence are untouchable and sacred is foolish. Question what’s presented; if it’s the truth, it’ll hold up under scrutiny and you’ll be wiser for it. If not…then say something.

 

 

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

 

http://www.kens5.com/news/Sexual-assault-case-could-open-door-for-reviews-179942001.html

 

http://sacurrent.com/news/freeing-the-san-antonio-four-1.1402560

 

Quick Updates from Los (6)



Quick Update: Rumors

Fambo,                                                11/8/12

            At the end of my latest “SPM Responds” I told you I would be writing you a “Quick Update” on “The Son of Norma.” Well, tadaaaaaaaah!

 

            I just had another meeting with Tudy Coy and Pain Ortiz, so here’s what I know:

            Pain is completely done with the music for The S.O.N. It’s already been mixed and mastered and is ready for pressing. But Tudy said he wouldn’t announce a release date till all the artwork is done. That’s because, if the artwork isn’t done in time for a date, (that we’ve spent all kinds of effort promoting), we’re screwed. All we need is maybe three or four weels to finish all the artwork: CD cover, insert artwork, whatever design will be on the actual CD, etc.

            Here is the official songlist:

1.)    K-Love Vs. SPM          10.) Without The S.O.N.

2.)    People                         11.) Don’t Go Away

3.)    Hustla World               12.) Poor Kids

4.)    Cheifin                         13.) My Homegirl

5.)    Twenty Eight               14.) To The Flame

6.)    The River                     15.) What If It Were You

7.)    And They Said             16.) Addicted To Storms

8.)    Frustration                  17.) Angels

9.)    Cry Don’t Cry

 

I’ve given this songlist out before, on our Facebook page. “Cry Don’t Cry” was formerly “Till They Come.”

I heard a few complaints about “Beat From Hotan” and “Life” not making the album. “Beat From Hotan” needs a bassline. We’ve had two professional bassists come in, and no one can figure out anything that works. Pain has an idea to re-make the beat, using the same sample Hotan used, but from another part of the song he sampled it from. He’s positive that will work, and as soon as it gets done, you will have that song.

            “Life” had a Diana Ross inflection that could possibly land us in court if we used it. But I wasn’t crazy about that beat anyway. What we’ll do is re-make the beat to where it still matches the original lyrics, and everybody will be happy.

            Let me just say to all the people who are upset about those two songs not making The S.O.N.; you are suffering from a common syndrome. It’s called “I Really Want What I Can’t have Syndrome.” It’s very common and it causes painful hemorrhoids and much heartache. But there’s something to make you feel better: At this point in time, those two songs can’t fuck with anything on “The Son of Norma.” Once they go through surgery, then, and only then, will they be ready for an SPM album. Trust me on that.

            Now, we shall talk about the snippet. Pain Ortiz is only releasing snippets of the songs that land on even numbers. So, if you go to the songlist, songs 2, 4, 6, 8, 10, 12, 14 and 16 will be on the snippet. You won’t know what the odd numbers sound like until the album is released. I argued with him, but he wants half the album to be a total surprise, and he ultimately won the argument by buying me a BBQ sandwich and some microwave popcorn from the vending machines. He always gets me that way!

            Then we talked about a video. Tudy wants at least two videos released before the album drops. The two discussed were “What If It Were You” and “My Homegirl.” Both of these tell powerful stories about specific people, and they both contain serious subject matter. I was thinking we should do a video for “People” first, which has comedy, story-line and seriousness all in one song. At this point, I’m still not sure what video we’ll be shooting, but it will surely get shot shometime within a month. (Was the “shometime” word funny? I hope it was.)

            CTS. I called this letter “Rumors” because so many people believe so much false information, it’s unreal. And I’m not even talking about my legal situation. One person said I was part of a prison gang, and that I fucked over a lot of the homies. I’ve never been in any kind of gang,  little brother, and I’ve never fucked over anyone, except my beautiful wife. I’ve heard this rumor more than enough so let me explain the situation.

            One night, I was at a club called Jamaica-Jamaica, and I was approached by one of my homeboys from Hillwood. He was a Muslim, and was starting a security business with some of his Muslim brothers. He said, “Los, you should use us for security.”

            I said, “Bro, I don’t need security. I take care of myself.”

            “Not just for safety reasons,” he said, “we can control the crowd at your shows and you’ll look more important. My guys are all licensed to carry rifles, and we suit up in military uniforms.”

            I thought that sounded cool, so I asked him how much it would cost. To make a long story short, I started using my friend's service, just to look good. I’d have these four Black dudes, with real rifles, standing around my limousine like I was King Burrito.

            After a while, a guy I knew, from him hanging around Dope House, said, “Say, Los, I got some homies who want to talk to you.”

            I said, “Who?”

            He said, “Some vatos with a lot of power. They want to talk business.”

            I met up with these dudes at a pool hall called Slick Willy’s, on the southeast side. They were a group of Mexican Americans who were in a serious gang.

            Let me say that I was naïve about gangs back then. I just knew that gangs destroyed kid’s lives, and I wanted nothing to do with them. The leader of this particular gang was well dressed, and seemed intelligent, so I heard him out. He was telling me that I should use my own race for security. That it don’t look right having Black dudes surrounding a Mexican artist. I said, “Homie, I’m from an all-Black hood. These dudes are like brothers to me.”

            He explained that that’s not what he meant. That it was the image I was portraying. He said his people were disciplined, and would be 100% professional.

            I said, “First of all, I don’t even need security. I just use my homeboys to keep people at bay so I can drink and fuck with hoes. They only charge a few hundred dollars a show.”

            He said, “I’ll charge the same, with twice as much personel.”

            My dumbass gave the guys a try, even though I was against any kind of gang, set, click, side, etc. It just shows how my mind was deteriorating out there. I had an organization called “Gangs ’R’ Out (G.R.O.)” and here I was using their services.

            After a few shows, people who I was close to expressed their disapproval. I started realizing that it was a dumb thing to do, but I didn’t cut my ties soon enough. I was at a big car show in Houston, walking around with this “security” of mine, and a guy from another record label started talking shit to me. This guy was a friend, and till this day I have no idea what he was mad about. Then he started arguing with one of the guys who was with me and got punched in the face. The cops were right there and broke it up before anything else could go down. I told the dudes I was with that I don’t handle my business like that, and I walked away by myself. The dudes walked outside, and the guy who got punched followed them with another homeboy. It was two against five out there, but thankfully the cops broke it up before anyone was seriously hurt.

            That’s why the person on Incandesio’s blog said I fucked over a lot of the homies, because those two dudes were from my Mexican hood. But I had no control of that situation, and a few weeks after that carshow, I met up with the homie who got punched. We met at a Hooter’s and I apologized for how shit went down. We hugged and I told’em that I had since separated myself from any kind of “security.” I never needed any in the first place. But because I used those dudes for a few shows, people started that rumor, that I was a part of them. That couldn’t be further from the truth.

            In prison, I’ve heard all kinds of shit. If it were all true, I’d have about seventeen brothers I never met, I’d be in seven different gangs I never joined, and I’d have about seven hundred close friends I never knew. I’d be dead by suicide, dead by murder, I’d be raped and last I heard, I was home, enjoying life. The downside of being well-known is that people are always talking about you. It doesn’t matter whether it’s good or bad or somewhere in-between, it creates the perfect environment for rumors to develop. What trips me out even worse, is how so many people believe all this shit.

            I wouldn’t wish fame on my worst enemy. Not only is it nothing but drama, it can also put you in perilous situations. Especially a Mexican like me, because our people are divided a thousand ways, and I’m in the middle of it. When I get out this bitch, don’t be mad when you see me hanging with nothing but Chinese people. I’ll be, like, “Chicken Chow mayne, hold’em up!”

            I would never join a gang, or anything that would separate me from my own people. My dream is for all of us to get our fair share, and excel in this nation. But divided we fall, and that’s our story today. People say that it will never change, but I’ll never give up on my dream.

            The dude who said I was in a prison gang said that O.G. Sambo told him that. Samuel Jurardo would never say that. In fact, he’s the first person I connected with when I came to prison. He told me to never join anything except the Lord’s family. I told him I already knew that, and even Sambo has turned away from everything except Jesus Christ. He started that whole deal in Southeast, and now there’s a lot of youngsters throwing up that set. But he doesn’t consider that a good thing anymore, and we’ve talked about that. Sammy’s a man with tremendous wisdom, and he helped me get through my first years in prison. Then they made a law where inmates couldn’t write each other anymore, and we lost contact. I just pray one day we’ll land on the same unit. Bing, too. I love all my Southeast brothers, and the realest know that’s the truth. But if you don’t believe what I’ve said, write Sambo yourself. Go to the TDCJ website and look up his name, Samuel Jurardo. That’s how a lot of people get my address. You guys think I’m smart, shit, Sammy’s a genius, and I don’t use that term loosely.

            The bitter-sweet story of Carlos Coy is that I’ve always been gifted. I’m not too modest to say it because all gifts come from above. It’s brought me a lot of love and, also, a lot of hate. The ones who’ve hated were always those who tried to do what I did. The dudes on Incandesio’s blog, who try to make me look bad, are the same dudes who’ve always hated on me. God knows I’ve never done anything shady to them. Those who know me, stick with me and love me, because they know I operate with love. That’s why the Dope House Family remains unscathed after almost twenty years.

            But I don’t blame people for the role they play. They can’t do what I do, and they’ll never be as dope as me, and I’m sure that’s frustrating. Like Lil Wayne said, “If I were you, I’d probably hate on me, too.”

            Just remember, I’ll never hate you back. I might call you a hot dick licker, or a penis panther, but those words aren’t even in the dictionary. Alright, changing the subject.

            Another person said I must be paying somebody for protection because I’m still alive, and I’ve got money. Lol! You’re something else. I would rather be a dead bitch than to give a mothafucker a half-o-cookie to protect me. Come on, man, what the fuck do you think I am? I’ll bite a mothafucker’s nose off. Let me make this clear: No gangs, no protection, no hate, all love, all unity, all real. That’s what I’m about.

            Since I don’t write Cold Forties on my “Quick Updates”, I decided to write you a “Throwed Thirty.” But here’s the deal. There was a guy named Rob D on Incandesio’s blog, who wrote a flow, but I’m not sure if it was meant to challenge me. Right before his verse, there was a message by Almazan 187, who spoke about battling me. I’m not sure if they’re the same person, but when I read the challenge, then Rob D’s verse, I instantly turned into John Rhymbo and started screaming, “He drew first blood!”

            Rob, I’m very sorry if your flow was meant to be friendly, because I had to destroy you. Ya see, bud, if something even sounds like a challenge, my right hand starts trembling as I reach for my magic pen. It does get ugly, my friend.

 

Con Mucho Amor,

Losy

Almazan187 said...

I will battle los, this miglo character is obviously mentally handicapped. I'll Battle los!!!!

 

Robert Diaz said...

Rob D is far from finished now witness how im relentless,

Im in this and bout to rupture in ya face like an appendix,

I try ta stay optimistic, never be unrealistic, im explicit, futuristic, and just a little sadistic,

I kno about consequences, known to be hoppin fences,

Im workin on my expenses and leavin rappers defenseless,

Im the mennace that you cant miss, stirin up the whole campus,

Rappers nowadays enchanted and they doin funny dances.... - Rob D- S*T*R (Small Town Representas) YouTube Search: Rob D Sick Wit It - Rob D Destiny.

 

A Throwed Thirty

"Los The Ox"

 

Mr. Rob D, ya more dillusional than Miglo is 

couldn't spread ya name even if ya had three mo kids 

who the fuck told ya you can rap, man, ya drunk aunt? 

You should grab a pencil 'n' go stab her in the butt crack 

cause she told a flat lie, analyze my word play

can't you see it makes ya shit sound like you in 3rd grade?

mistic, listic, blistic bullshit is not what skill is

ya got as much gift as a Muslim got on Christmas

fuck it though, here's some advice: Be safe dog,

and neva quit rappin, jus neva quit ya day job

study how I came down, listen to the compounds

hotta than a hun pounds jus found by blood hounds

wreck ya ass in one round, from the first drum sounds

before I even rap, while the words are in my lung valves

"consequences" "hoppin fences" was a decent rhyme I thought

but it's not the type-o-talk that keeps the fuckin climate hot

you will stay small town, pissed widda long frown

yellin at'cha mom, she, like, "Robbie, please calm down!"

I'm ya drunk step dad, hit'cha widda left jab

kick ya out your room cause I need it for a meth lab

then I'll drink the Sprite that you hid in the refrigerator

berp like a bear while you thinkin, "I'mma kill'im later!"

change the television to the channel that I wanna watch

Have you, like, "Hey! I was watching that you fucking ox!"

Listen, Rob, you know that I love you like my own kid,

but it's that time for you to take a long road trip,

tell ya chick to go strip or learn how'da coke flip, 

but ya need to find ya own home, this is Los crib.

You be, like, "But you just moved in a month ago!"

Rob, you can visit us at Christmas time, love ya bro. (laughing)

 

Now Dat's What You Call

Murder, my nigga,

Los

Letter to Pat Lykos 31

Middle of the month, time to write Pat Lykos! Please join me in this; one letter from me means nothing, but a letter from each of us will let the D.A.'s office know that we're here, we're growing, and we want justice.

The Honorable Patricia Lykos
1201 Franklin St
Houston, TX
77002

Ma'am,

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

I was encouraged to see that earlier this month George Rodriguez, a man recently exonerated by your office, settled with the city for about 3 million dollars in return for the 17 years he was wrongfully incarcerated. The article I read online mentioned that he had a previous felony conviction, which came up repeatedly in the comments. Many could not believe that the city would free a man, much less pay him for a wrongful conviction when he had been convicted of a felony previously. 

 

We're Americans, and we like our good guys to be as pure as the driven snow, and our bad guys to have souls as black as the pit of hell. It's difficult for the public to desire for justice for someone who doesn't fit the cookie-cutter mold of innocence.

As you may know, Coy himself does not fit into that mold. He has a  past which some have used to justify his continued incarceration; they feel that the end (his incarceration) justifies the means (his dubious trial), and don't care to look into it any further. However, you were willing to take steps to verify Mr. Rodriguez's innocence, even though you were not obligated to. You understood that imprisoning a man on false evidence did not make the citizens of Texas any safer, but rather threatened the liberty of us all. You cleared the way for him to receive compensation for the years of his life that were stolen for him, despite his past.

When you requested full exoneration for him, you stated “...we acted on the most important obligation of all – to see that the truth emerges, and that justice is done.”

I am asking you to do the same for Carlos Coy; help us find the truth, and ensure that justice is done.

Me, my address, blah blah blah.

Frank Navarijo

San Antonio:

In 1999, Frank Navarijo was sent to prison to serve 20 years for repeatedly assaulting a 5 year old relative. This child was 7 when she testified that she had been molested, even raped repeatedly with a knife. Last week, she stood before a judge and testified that it wasn't true; that her grandmother had manipulated her into accusing an innocent man.

The first time she recanted was before the trial, and then apparently again afterward, when she was 10 or 11. Navarijo filed an appeal in 2001, but his conviction was upheld:

“After reviewing the record of Navarijo's trial, we cannot conclude that Navarijo was denied a fair and impartial trial.”

Woven through the appeal are mentions of a phrase that I can only assume was first used by the defense; court school. Now, I can't be sure I'm reading this right, but it appears that they thought the child had been prepped in this 'court school' so that she could testify convincingly. From the prosecutor's closing statement:

“Ms. Huntzinger told you, during her closing arguments, that - talking about A.N., where you go to court school and you tell your story one more time. As if the - telling you directly that A.N. go - went to court school and she told people at court school her testimony. She talked about the allegations in this case and she talked about what Frank did to her.”

“She talked about what Frank did to her”...Which, if she's now telling the truth, was nothing. So what did they talk about? How did they talk about it? In the time between the 1998 outcry and 1999 conviction, how did nobody figure out that this child was being used?

In the opinion of the state of Texas, Frank Navarijo got a fair shake; a trial in which every 'i' was dotted, and every 't' was crossed. Whether or not the child was telling the truth or had been manipulated by others, they considered their asses to be covered, and that was the end of it.

Now Navarijo, who is 73 years old, will have to wait for the judge to decide what happens next. Affidavits from jurors have been filed, saying that the decision to convict was close and that if the child had denied it ever happened, as she is doing right now, they probably wouldn't have convicted him.

I'll keep an eye on this one; Normally I don't write about cases which haven't been resolved, but the original Navarijo trial seems to be very similar to Coy's, despite the gruesomeness of the accusations against Navarijo and the disparity in their sentences.

http://www.kens5.com/news/texas-news/177105531.html

http://law.justia.com/cases/texas/fourth-court-of-appeals/2002/14701.html

http://www.mysanantonio.com/news/local_news/article/After-13-years-in-prison-ex-cop-may-be-innocent-4004612.php

http://www.chron.com/news/texas/article/Accuser-of-ex-police-officer-Rape-testimony-a-lie-4005925.php

http://www.woai.com/news/local/story/Rape-victim-now-changing-her-story-about-retired/ux2XWtryF02-DhpeYrH1bg.cspx

SPM Responds (Part 10.a)

To see the comments mentioned in this post, click here and scroll down to the end of the post.

10/30/12

Fam,

 

            I received a letter from Incandesio and (as you know) she always includes comments from her blog. Let me thank you for all your love, and for always standing up for me when these haters decide to visit us.

 

            This letter will focus on some of the twisted beliefs of two people that were on the blog. I’ve always told you that haters are important in this journey because they bring up points, and it gives me the chance to dismantle those points. Haters are gonna hate regardless, but everyone should see that their words carry no weight.

 

            The two people I mentioned were an Anon, and a person named “Eric.” First of all, I don’t believe either one of them are who they say they are. If I’m wrong, I apologize, but I believe these are either members of Jane Doe’s family, someone close to the family, or someone involved in my case somehow, someway. I say that because, especially “Eric”, knew a lot of half-truths about my trial, but never mentioned being at the trial.

 

            As far as Anon, I doubt she could be Jane Doe’s educated aunt because her grammar was borderline retarded. It could’ve been her [other] aunt.

 

            “Eric” could be her educated aunt, but who knows? If they are someone in her family, they’re either afraid, or they’re victims of the lies in this case. The last thing these people want is for me to get a new trial.

 

            It’s not like I’m gonna get out and hang you hoes by the tree in the front yard. I’m not worried about revenge. Prison saved my life and you’ll see how true that is when I can finish my book. As far as your attempts to make me look guilty, or discourage people from supporting me, all you can do is the opposite. Whether I’m free or in prison, I’ll continue to rise. God isn’t on the side of hateful bitches. You judge me and don’t know me, but God knows who I am.

 

            Anon popped up right after a person ended his comment with this: “…Carlos Coy should be given a fair trial.”

 

            Here’s what he/she said: “Fuck no keep that animal caged up he guity as fuck all pedophiles lie my sis was raped by a family member the matafucker denied it all threw the trails so who so i believe my sister or that sick piece of shit! That jerk child molesting prick is guilty and he has a past sleeping around with lil girls no shit he had dirt in his hands what the fuck is a jury going to think when he has had sex with a 13 yr old to me that piece of shit is guity believe it or not i know he is he's. Lying out his ass keep dedending a child molester sooner or later that sick basterd will let all you sorry no good music likers know the truth!”

 

            It’s clear that Anon’s English teacher should be fired and then flogged in public. Here’s how Incandesio responded: “An innocent man and a lying pedophile will both say that same thing: ‘I didn’t do it.’ So how do you tell one from the other? *evidence* There was no hard evidence in SPM’s case. Also, I want to point out that as far as I know, Coy has never tried to hide his child with Jill Odom. He’s always been up front that he made a mistake, and said that although he was lied to, he takes responsibility for it. So how does that mesh with your image of a perpetually lying pedophile?”

 

            Anon responded: “Why didn't she said or anybody came up in court saying she was a stripper come on he knew she was 13 yeara old so please stop this none sense tgey will not release that pedophile let him go and let every single other pedophile Go what makes him so special just because he makes sucky music don't. Meet shit he is a convicted child molester!

 

Ms. Anon, when you first popped up, you immediately mentioned a “sis” who was raped by a family member. This is another reason I believe you’re connected to Jane Doe’s family. In my opinion, you shared that too fast, as if you were trying to throw off the reader by acting like the sibling of another victim.

 

            If I promise not to send someone to cut off your fingers, would you let Incandesio know who you are, with legitimate ID, and give her the case number to your sister’s trial? She can find out if you are who you say you are. If so, I’m sorry about what happened to your sister.

 

            As far as my son with Jill Odom, he’s a gift from heaven, no matter how you look at it. He’s something I’ll never regret. Still, the fact remains that Jill lied about her age and God knows that’s the truth. I was a twenty-two-year-old zombie who lived in a haze of fry smoke and alcohol, but I’m not making any excuses for myself. When the DA offered five years for both Jane Doe’s and Jill Odom’s case, I told my lawyer, “I’ll take ten years for my son, but I won’t say I did something that I didn’t do.” There was no doubt in my mind that I would win in court if that’s what they wanted to do. Now, that five years doesn’t sound so bad. I would’ve done 2 ½ and been home by 2004.

 

            I keep hearing this thing about Jill being a stripper when I met her, but I’ve never said that and I doubt it’s true. She became a stripper later in life, and maybe that’s where the confusion came about. I met her through a friend named MC Free. He and I were in a rap group back in ’93, ’94. I would go to his house in Denver Harbor (a neighborhood in Houston) and we would work on songs. One night some chicks called his house and wanted to chill. It was Jill, her sister and some other chick.

 

            To me, Jill was just a girl from Pasadena who would spend the night every now and then. She knew I had a girlfriend, and she told me about a boyfriend she had in the Army. She had a picture of him, some Black dude in a military uniform.

 

            Jill lived with her parents but she came and went as she pleased so, of course, I thought she was of age. I was having sex with her, not giving a damn if she got pregnant. I might’ve been smoking fry back then, but you’d have to be fucking insane to not care about going to prison for impregnating an underaged girl. I later found out that she was one of those females infatuated with having a baby, and she found the perfect dumbass to help her out.

 

            This Anon character called me a pedophile (among other things) and what’s crazy is I never knew, exactly, what that meant. I looked it up in my dictionary and it means a person who is sexually attracted to children.

            Ms. Anon, you’re believing a lie. I don’t know how else to say it. I fucked up in the situation with Jill, but this was a full-figured girl. Who the fuck would be attracted to a kid? There’s no body, no tits, no ass. I’m sorry to be blunt, but come on dumb bitch. Ask people who know me, I fucked with nothing but thick stallion hoes. You got Russel the Hit Muscle all fucked up. I think you should personally apologize to him. Since I’m pretty sure you’re a woman, it’s only right that you give him a little kiss on the forehead. I’m sure he’ll feel better after that.

 

            Incandesio was on her way out and didn’t have a lot of time to spend with Anon, but here’s something she wrote: “You should never just roll over and allow the government to ignore your rights, whether it’s your right to a fair trial, or your right to privacy, or security in your property.”

 

            That’s when “Eric” first popped in. She was more educated than Anon, you could tell by her writing. Here’s what she said: “Incandesio, what about his trial was unfair? A lack of physical evidence doesn't mean his trial was unfair. They had credible testimony from a credible victim. She described the assault in graphic detail, and her story logically made sense. Her story was backed up by other people too, like when Carlos told her he was going to make her a star with his new dance studio if she kept quiet, and then he told her family the same story. Can you ask Carlos why he offered her that? Can you also ask him why he wanted to make a dance studio for little girls in the first place?”

 

            “Eric” was civil with her questions and comments, and I’ll try to return the sentiment. But can I please cuss just one time? I’ve never told anyone I was opening a fucking dance studio for little girls. Do you realize how stupid that sounds? What could I do with a bunch if dancing little girls? I don’t have the transcripts to that specific testimony, but I’m pretty sure Eric is right about Jane Doe and her family saying that.

 

            What I was gonna do was open a talent program for young people interested in the arts, especially acting. I was sick of going to the movies, with twenty different films showing, and not one of them portraying a Mexican-American. I knew there was talent out there, but nobody was doing anything to find and develop it. But it’s the perfect example of how these DA’s worked with this family to think of every way they could to make me look like a child molester. Obviously it worked, and that’s probably because I didn’t get on the stand and defend myself. My lawyers told me that it was best not to testify because the DA’s would bring up the baby I had with Jill, and that would make me look like shit. But I told my lawyers, “That was nine years ago. I can explain my side of the story. But if I don’t testify in this Jane Doe trial, I’ll look guilty.”

 

            But they assured me they knew what they were doing, and I’m sure they did. They just didn’t realize how much crooked shit these DA’s would do to win the trial. And the judge made it more than obvious that he was on the DA’s side. That type of shit speaks loudly to a jury because they automatically think the judge knows more about the case than they do. They didn’t know he was a racist bitch, pissing in his pants at the thought of me going to prison. It was public knowledge that I was waging a war on cops, that I was gaining power at a rapid pace, that I was this gangster running a company called Dope House Records. I blew up in Houston like an atomic bomb. I was the system’s worst nightmare, but I’ll talk about my problems with them later. (For the record, I respect and highly appreciate police officers. You can’t put a price on men and women who risk their lives to protect others. My problem was with all the pieces of shit who abuse the badge on their shirt.)

 

            As far as this dance studio for little girls, that’s ridiculous bullshit. It was just one of their many twists on the truth that all together costed me my freedom.

 

            Let me go to where Eric said this: “They had credible testimony from a credible victim. She described the assault in graphic detail, and her story logically made sense.”

 

            This is why I love you haters, even you civil ones. Your comment, Ms. Eric, gives me the chance to reveal one of the most eye opening parts of testimony in my trial. Jane Doe’s story did not make logical sense. In fact, it was impossible to be true. In part 2 of this letter, I’ll show you exactly what she said about this assault, using the official court transcripts. If we would have caught this impossibility, I wouldn’t be here today.

 

            Eric also said they had “credible testimony from a credible victim.” First of all, I already showed you (in a previous letter) how she was trying to tell anyone who would listen that she wasn’t even sure an assault took place, that it could’ve been a dream. That should’ve raised all kinds of questions, but nobody wanted to hear that. Once the system knew this accusation involved SPM, they more than wanted to believe it was true. I know that sounds like some paranoid conspiracy shit, but their actions prove it.

 

            Jane Doe admitted to my criminal lawyer, on the stand, that she wasn’t sure what happened that night. The DA’s had to use their “professionals” to clean up that testimony. Do you call that credible? I’m sorry, but if somebody sexually assaults you, you’re going to know it.

 

As far as this “dream” testimony, I believe it was birthed by her own guilty conscience. She couldn’t flat out say she knew I did this, because she knew I didn’t. I think more of that guilty conscience showed up during the civil process, which is when her story changed.

 

            I already wrote you, in a previous letter, how in criminal trial Jane Doe said this assault took place for “about a minute.” After I lost in criminal court, these people took me to civil trial to sue me for money. During Jane Doe’s deposition for the civil trial, under sworn oath, she told my civil lawyer that the assault only occurred for one second. Just to make sure he heard her right, he asked her again, and again she said “one second.” Till this day, that’s the story she’s sticking to. Perhaps she believes (by saying it was only a second) it somehow makes it less of a lie, thus helping her sleep better. Either way, the change destroys the testimony she gave in criminal court.

 

            Eric said, “She described the assault in graphic detail,” and the most graphic detail came when the DA asked her what she felt on her sexual organ. She answered, “slobber.”

 

            After that answer, the jury looked like they wanted my head on a platter. But don’t forget this was a rehearsed story, and Jane Doe knew exactly what to say when the question was asked. They practiced for seven months and I’ll show you that fact, using the court transcripts.

 

            If there really was an assault, and there was all this slobber, then why didn’t they even try to collect any evidence? That would have been the first thing they did if this graphic detail came from the truth. Saliva is full of DNA and it would have been on her, her panties, the bedsheets.

 

            Of course, they said she took a bath before seeing the doctor, and that all her clothes had been washed before any evidence could be collected, but DNA can still be found after clothes have been washed. And what about the bed sheets? They made no effort to collect anything, because they knew there was nothing to collect. The “slobber” testimony was just to appall the jury and it worked. But now she’s saying this assault happened for one second, so it makes no sense. What did I do, spit on her real quick then walk out the room? The jury was duped but how could they have known that her story would change?

 

            For the record, I didn’t do this for one second, or one milli-second. A person doesn’t just throw their life away to do some disgusting shit for one second. You have to use your common sense.

 

            The reason I even began this process of showing you the facts, was because I’m tired of these hoe-ass haters acting like they know what they’re saying. What hurts the most is my people don’t know how to respond. If it were up to me, I wouldn’t give a fuck what anybody thought, I’d just let my lawyers keep working on getting me out of here. But I can’t sit around and let you get beat and battered by these bitches who have no idea what they’re talking about.

 

            Everything I’ve said on this letter, I’ll prove using the official court transcripts. Next week I’ll start on part 2 of this letter, and that’s when I’ll take you to that crooked-ass courtroom. It’s not common that a man comes to prison for a crime he didn’t commit. A lot has to go wrong, and a lot of wrong has to go on, and that’s why it’ll take a few letters to show you what happened. Just remember that when I show you court transcripts, I’m showing you exactly what was said and done in my trial. Not one word has been twisted or tweaked in any way.

 

            “Eric” had a lot more to say and I’ll cover every point she made, too. Now that I’m finished with part 1 of this letter, I’m going to write you a “Quick Update” on The Son. Incandesio will probably post it a day or two after she posts this.

 

            Con Mucho Amor,

 

                        Los