Updated Thursdays

Wednesday, May 16, 2012

Ineffective assistance

Ernie Lopez’ conviction was overturned because “his original legal team had provided him with ineffective assistance during his trial by "failing to call medical experts" to dispute the prosecution's theory”

I can only find evidence of two witnesses called in SPM’s defense. One is a John Hernandez, who seems to have been a friend of Jane Doe’s family. The other is mentioned briefly on page 36 of the Habeas Corpus:

…the prosecutor overreached in questioning a defense expert…”

Carlos Coy has not mentioned either of these witnesses that I know of; my best guess is that the ‘defense expert’ mentioned is probably Jane Doe’s neurologist, who testified about her medication and the illness he was treating. Who else was there?

Did Chip Lewis ‘adequately investigate’ Jane Doe’s claims, and produce any scientific support for Carlos Coy?

I kind of doubt it; after Coy appealed the ineffective assistance, the court had some kind of competency hearing. During this, Mr. Lewis revealed that part of his strategy was to NOT object during the trial. This is stupid for two reasons that a non-lawyer like myself can think of.

First of all, it lets the prosecution get away with whatever the fuck they want.

Second, if your lawyer doesn’t object to it, you can’t appeal it.

Basically the client gets screwed during the trial, and then again after the trial, coming and going. Looking at some of the newspaper articles and Coy’s habeas, another large part of Lewis’ strategy seems to have been telling anyone who would listen, both in and out of the courtroom, that Jane Doe told only the truth.

I shit you not.

“The court also found that part of the defense’s strategy was to cast O.S. as a“truth teller” who was manipulated by various state actors,”…blah blah blah.


The prosecution even quoted Mr. Lewis in their closing statement, using his comments that the little girl was “a truthteller.”

Looking at this, I find it hard to believe that Mr. Lewis considered his client innocent, and even less likely that he put forth very much effort into rounding up experts that could have helped prove it. This is my uneducated opinion. Mr. Coy has never suggested to me that he was unhappy with Lewis’s performance; maybe there were scads of scientists all dolled up in lab coats testifying that we just didn’t hear about. Maybe.

If a lack of defense experts was enough to get Ernie Lopez a new trial, why shouldn’t the same be true for Carlos Coy? I don’t think it would take much to convince a reasonable person that his defense didn’t put forth much of an effort.


Anonymous said...

Has spm sent a letter for the fans for this month?

Incandesio said...

Yes he has; that'll probably be up next week.

Anonymous said...

I hate this

Anonymous said...

Agree Fuck the system the truth will be out soon this is insane.!! Jane doe needs to tell the truth free spm

Anonymous said...

why does dopehouse or Arthur Coy, who is spm brother do something about this shit. They could be looking for people to help spm on his appeal. I mean all their doing is shouting out FREE SPM. ON this one video on youtube baby bash said that they were taking spm case to the high courts and trying to get an appeal. That video is from 2011 and I still haven't heard nothing yet. ThankS INCANDENSIO for all your support on SPM. tHIS SITE HAS GIVEN ME HOPE THAT ONE DAY CARLOS WILL BE A FREE MAN AGIAN. PEACE

Incandesio said...

Anon 1:48:
It would be easy to judge the Coy family, but remember that they've been dealing with it for ten years, now. I can't imagine the amount of money they've already spent, and during that you still have to pay the mortgage, provide for the kids, etc. They're victims too.

I asked SPM about that video with Baby Bash, and he said he didn't want to have his sentence commuted, he wants a new trial to prove his innocence. I can respect that.

He also mentioned that they've hired an investigator who's trying to dig up new evidence to appeal, since the lawyer didn't give them mch to work with.

Stay up, and never lose hope. We'll get this done.

Anonymous said...

My nigga Los will be free one day i'll be more than honored to help get him free. I'm praying for him <3

BJ said...

IncAndsio, I bet whenever SPM gets out of Jail he will release at least 3 albums that same year. Also, I would suggest that you talk with the Coy family im sure they would love your thoughts with the case. Have you ever been to the DopeHouse or talked to Arturo?

Incandesio said...

BJ: I have spoken with Arthur Coy a few times, but not much about the case. I don't know if they could get involved with the blog without causing legal problems for themselves. Since I don't know anybody involved, I'm free to talk about it without bringing the courts down on my head.

Anonymous said...


Anonymous said...

Hey how come dope house isnt droppin any of carlos's songs. I mean they should still be at least giving us die hard fans something to listen to if they were to do that dope house would be crackin again. I know i speak for everyone when i say i need some more dope im tired of hearin all these wack ass rappers. please get back to me on this cuz damn i need some more Dope.

beanieman said...

This worlds a dirty hustle. People don't know how to be human anymore. Fucking up peoples lives and tearing families apart for a buck. What goes around comes around though. FREE SPM!!!

Incandesio said...

Anon 2:05:
I'm not sure why the album has been delayed so long, but it looks like DHR is trying to get it out this August. If you haven't already done so, check out Dope La Familia, Dope House 4 Life by Rasheed, and Nino & Mr. Criminal's music; there are several newish collaborations with SPM.

Raymond.S said...

Yea im aware of all those collabos but cant they at least put 1 song on youtube to show us SPM is still goin hard i mean i think if they were to do that us fans can spread the songs around they dont understand that they have people who need Carlos's music. If they were to at least drop one single it would blow up faster then any album will thats just my opinion.& i hope you can try to talk to Arthur about this since you say you have talked to him allready. thanx for your time & cooperation