Updated Thursdays

Wednesday, February 29, 2012

SPM Responds (Part 5)


Incandesio wrote me with two questions that were voted on:

1)      Will there be another appeal soon?

As to your first question, there’s only one “real” appeal from what I understand. It goes to four or five places before it dies. I’m not too sure about the process because I trusted lawyers to handle it, but this is how I think it goes.

You go to prison and file an appeal. First, the appeal goes to the judge in your trial. The judge in my trial sent it back denied. Then I think it goes to Austin, Texas. Well, the state of Texas just spent a bunch of money getting me convicted so, of course, they deny it, too.

The first two or three places the appeal goes to is in Texas, and almost no one gets relief from state-level appeals.

Then, it goes to federal courts. I believe its next stop was Louisiana’s 5th Circuit Court of Appeals. They denied it. Then, I believe, it makes its last stop at the Supreme Court in Washington, D.C. They denied it.

The whole process took about seven years.

I believe my grounds for appeal were good, but probably could have been better. After my first two denials, I fired my appeals lawyers and hired some new guys. Obviously, they failed too. After spending about 140,000 dollars on my new appeals lawyers, and after losing in the appeals process, (which ends at Supreme Court), this is the letter my appeals lawyer sent:

Dear Mr. Coy:

Enclosed please find a copy of the Fifth Circuit denying a certificate of appealability.

You have 90 days to file a petition for a writ of certiorari in the United States Supreme Court. I do not believe there is any likelihood that the Supreme Court will grant certiorari in view of the fact that the Fifth Circuit did not write an opinion. If you want to hire counsel to file a certiorari petition, please advise, and I will make recommendations.

It goes without saying that I vigorously disagree with this decision. For what it is worth, I think your celebrity status worked against you.

I would like Arthur to call me to arrange to pick up the boxes of records that I was given when I was hired.

Please contact me if you have any questions.

You know what’s crazy? I’m just now realizing that my appeal didn’t even make it to the Supreme Court. This letter is three years old. That’s sad. Anyway, I kept this letter because, well, I payed 140,000 dollars for this damn letter. I did hire someone to file the certiorari petition but it was denied, too.

I do agree with what the lawyer said about my celebrity status. Well, not so much that but because I was South Park Mexican, a man who publicly displayed hatred towards authority, who rose from selling dope to running Dope House Records, who was the fastest growing rap artist in the nation. When they get one like me caught in their net, my chances aren’t the best.

So, what’s next? From what I understand, we must find “new evidence” to be able to get a new trial. That’s all I ask. Just a chance to prove my innocence. We hired an investigator to work on finding new evidence.

I’m sure there’s all kinds of stuff we can do, I’m just not sure what it is. I know the power of the people moves mountains and so I’m thankful for citizens like Incandesio, who I just learned about a few months ago.


Billy said...

I can't believe all his appeals got denied. What's next? There's nothing else to do.

Incandesio said...

There's plenty left to do; appeals get denied. That's what happens. Nobody does shit until the legal bullshit has run it's course. Now it's time for the public to stand up and say "This is wrong!"
We have to send a message to the current administration that we will not let this go away quietly. We're watching them, and we're going to make sure they fix their shit.

Billy said...

I have another question, How long does it usually take for SPM to write back, if he does anyway.

Incandesio said...

2-3 weeks, sometimes longer. They move him every thirty days, and if he's being transported, it can take even longer. But I believe he does try to write back.

If you have a question for him, you are welcome to send it to the blog. If it's about his trial, it'll go up for voting. If not, I'll include it in one of my letters and he may answer it in one of the 'Dear Family' letters.

Mr.Narro said...

man i cant belive he spent 140,000 just to get his new appeal and they all Denied it! that insane just because his record name "Dope House Record" dose'nt mean like a bad thang the way the haters think!yeah he was the fastest mexican rapper blowing it up in Houston but hey it is what it is... but on the strange Fact is that they move him to much around to prison to prison but i hate to say it but i hope nothing happen to him

Anonymous said...

Casey Anthony is free; SPM in jail.WTF is wrong with this?!?!

ese creeper said...

this aint right they're trying to stop our people from becoming to strong ! they know that one man can make the real difference because if a man helps out all our people out we will become to strong and they wont be able to stop us no matter what! and los is the type of man that was going to help out all the people that deserved help and the ones who where actually going to do something right for all of us! and help out the movement! we can be like cesar chavez but instead of in the fields on our music voicing our people right n showin all the young people that they can to become anything they want not just a gang banger drug dealing no good for nothing u know what i mean! if there wasnt envy hate greed and all these things our people could grow in numerous ways not just in music we can to have a president one day! our next generations can be the ones who make diffrences in our world fukk a nation the whole hemisphere! we can have judges who would be human n not these fukkin bastards who do what they tell them to! we need people with hearts who wouldnt dend an innocent man to jail yet alone 45 yrs! i wish that everyone could think like that because if we would all think a little like that thats where it starts from a state of mind! just like they had us in a state of mind where its agangtsa nation thuged out was the thing to be! so thats what we are! but our kids can be better than that! I have 2 bois that I know i dont want them to do what i did! spread the word think alike send positive messages n word of mouth will be the motor to the movement!get at me incandesio i need to send los a letter! esecreeps@hotmail.com