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Sunday, May 6, 2012

Sylvia's Testimony


I found an interesting article from the Houston Press. It was published 5/24/2002. After the guilty verdict was handed down, the punishment phase of the trial began; witnesses were called to help the jury decide whether Coy should receive anything from probation to a life-sentence. The defense called Sylvia Coy, his sister(emphasis mine):



"I know he didn't molest a 9-year-old girl. There has not been any evidence whatsoever," Sylvia Coy, 37, said before being cut off by an objection from prosecutor Lisa Andrews.


[…]

Defense lawyer Chip Lewis asked Sylvia Coy what things about her brother the jurors should consider in deciding whether to give him probation.

"There was no evidence," she began again, prompting state District Judge Mark Kent Ellis to remove the jury.

Now, I’m not a lawyer. I don’t know what the rules in ‘punishment phase’ are. I don’t know the grounds on which Lisa Andrews objected to Sylvia Coy pointing out what had already been thrown around the courtroom for days; if I had to make a guess, I’d say the court wants people to believe that every conviction is righteous, beyond a shadow of a doubt. Allowing jurors to soften punishment because the prosecution made a weak-ass case and the jury really only convicted out of some sense of obligation weakens the court’s image.

Or something.

So maybe pointing out the sniveling soppiness of the state’s case against Coy was against the rules. I don’t fucking know. What caught my attention was how this event relates to another article published five days before, right after the guilty verdict was given:



Jurors, who were sequestered Friday night in a hotel, deliberated about seven hours over two days.[…]

Defense lawyer Chip Lewis said he was curious about how the jury reached a verdict 20 minutes after returning from lunch, after having spent hours in deliberation over two days.

The alternate juror told him the jury had been leaning toward acquittal, Lewis said.

"It certainly makes you raise your eyebrow and wonder what the quick change was," he said



So I’m just thinking here…The prosecutors made a weak case. The jurors are leaning towards acquittal, but suddenly decide to convict.



Then along comes Coy’s sister, pointing out that they made this decision based on no evidence whatsoever. The judge is so pissed-off by her bringing this up that he sends the jury out of the room, and threatens not to allow her to finish testifying on Carlos’s behalf unless she shuts up about the complete failure of the prosecution to produce one solid piece of evidence



Again, I’m not a lawyer. Maybe there’s some super-nuanced legal interpretation of what was going on here that I just don’t understand, but it looks to me like this guy knew he had barely managed to squeeze a conviction out of these people, and he didn’t want to risk letting them think back on how they made their decision.



I suspect he didn’t want them to give Coy a light sentence based on the weakness of the prosecution’s case. He didn’t want them looking back and saying “Hmm, we found this guy guilty based on the testimony of a child who wasn’t sure that it happened, a cop that spews her vitriolic opinions like a fact-generating fire hose, and a therapist that didn’t think her patient’s history was important enough to read...Maybe we were wrong; gee, I’d hate to see an innocent man go to prison, maybe we should give him probation.”



You can’t maintain the integrity of the justice system and the all-important ‘Finality of Conviction’ if you’re willing to question yourself; after all, there aren’t degrees of ‘guilty’. You’re either guilty or you’re not; except on Planet Ruiz, where Coy was not just guilty, but ‘more guilty’ than any other criminal in her universe.









30 comments:

Anonymous said...

I think carlos coy did commit the crime bc he slept with underage girls in new caney, its very well known. the guy had a serious problem ..its a tragedy for his carrer and thre family of the victims.

Incandesio said...

You can say "It's very well known" until you're blue in the face, but that doesn't make it well known. Where are the other cases? Where are the other civil trials? Just because the state can produce an accuser doesn't make the accusation true.

Anonymous said...

Wow everyone is a speacialist when it comes to other persons lifes in their darkness or non-darkness,
Whatever the truth in SPM's tragedy, at the current moment and possibly for ever, i do not think we will ever know the truth but one truth and that is that the greatest rapper has been destroyed.

Anonymous said...

He is innocent shut the fuck up if you been to prison you would know he is innocent. Ten years strong and without a scratch...
He aint pc
And if he were
There's rules in life sucker
In prison especially.
Check it I'll break it down
If he was in pc
There is people facin life
And it's as easy to tell one of them hey kill coy
And sense you pee seed up on your gang we will grant you immunity
Not just the lifer but his mother and children in the streets won't get ravaged and murdered
Any Mexican mafia can pull plot the kill very simple. I'm white server half my life in prison yes I was at garza west I was at San Quentin homie fed time ain't no joke....but like us Arian brother hoods say
Ur better being white or a black rapist the. Being the mexican rapist ......their honor for murdering their own kind is severe. And one more thing this Mexican is just another Mj or tupac
You can't come in the illuminati territory and get power like this brownie did
He is considered and Olmec . To much of a big head.... There is no conspiracy theory boys!!!!! It is......and this poor lil wetback was to smart for his own damn good...and he gets pussy, smokes weed everything ....you would be suprised if I told you the truth of why he is in the penn. and yeah he won't ever come out...unless they give this guy 15 minutes on tv...til then he is a ghost ...practically dead....Mexicans becoming Latinos is very serious things boy....very serious

Anonymous said...

cant understand it still..break it down more please

Anonymous said...

2045 we become the majority

jacknee6969 said...

Free SPM. YOU KNOW COME TO THINK ABOUT IT I THINK I SAW AN EPISODE OF CITY CONFIDENTIAL ABOUT HARRIS COUNTY FORENSICS DEPARTMENT DOING THE SAME THING TO A WHITE MAN FOR DA MURDER OF 2 WOMEN. AGAIN HARRIS COUTIEST FINEST FUCK UPS INSISTED DA GUY WAS GUILTY , BUT HAD KNOW EVIDENCE. YEa, n the 2 woman were woman of the night. But in this case, some good samaritN 8n da forensics depRtment testified that one of his hairs was planted by the Da from the mans hair brush. Well needless to say, he served maybe a year. Oh n the forensics worker fire! I AM NOT POSSITIVE BUT AT LEAST 98% SURE THtat these inztances were Round da same time !!!

Anonymous said...

No evidence no crime

Meskinkid said...

If you know da truth of why he in there, according to you then let us know. Illumimati is just a thought, something people want to believe in.

Billy said...

I think you should send this article to Pat Lykos immediately. Like call her on the phone and make an appointment to speak with her because I'm sure she will make time to discuss with you about the case. All you got to do is out a little more effort into this tough job. If you can't make an appointment with her make it with a lawyer or another political person or someone. It's time to stop writing letters to them and stand up for what ou believe. Don't waste your time writing letters when 90% of them get thrown in the trash. Don't sit at a computer and write blogs all the time, DO SOMETHING BETTER! I'm not trying to be mean I'm just saying this case needs a little more than just letters. Please reply.

Incandesio said...

Oh, lord. I will reply, but let me ask you a question. How much of the blog have you read?

Anonymous said...

Why not talk to chip lewis, carlos defense lawyer he might help or atleast do something to help you Incandencio. If you get a hold of him hopefully.

Incandesio said...

Anon 6:52 One of the reasons Coy's appeal was denied is because Chip Lewis convinced the court that several of his screw-ups were actually strategy..I don't know that he'd be very helpful. It's a good thought, though.

Incandesio said...

Also: He's in business with Lisa Andrews, one of the prosecutors who put Coy away...

Billy said...

I read all the blogs every week!

Incandesio said...

Billy: I'm really glad to hear that; so you know that I am extremely passionate about this case. I've had a low-grade anger about this situation burning every day since early in 2011, when I first started researching it. The frustration, the fury that you feel, please understand that I feel it too.

If I had any reason to believe that showing up at Pat Lykos's office would bring me closer to my goal, I would be there; but I just don't see any evidence that it will help.

What has been proven is that the DA's office does respond to letters. Not as fast as we'd like, unfortunately, but there have been several men freed because they wrote, and the Post-Conviction Review Team or Lykos herself looked into their claims.

I'm going to write up an explanation of all this and post it in the coming weeks, because I want you to know that I am making every effort that seems logical to me.

Anonymous said...

This nigga ! Ur wrong sorry


If he keeps monthly letters
In six years from now she will open the case and ask incandisionto please stop sending letters it's happened before but nigguh believing is a freak jewel

Anonymous said...

His lawyer is a fraud that's why read niggaaaa both defenses work together

Anonymous said...

His lawyer is a fraud that's why read niggaaaa both defenses work together

Meskinkid said...

"In the confrontation between the stream and the rock, the stream always wins- not through strength but by perseverance."
H. Jackson Brown

When i read this it reminded me of what incandesio is doing for spm and it gives hope.

Incandesio said...

Meskinkid:

That's an amazing quote, thanks for posting it.

Anonymous said...

Incandisio
Your hot I want to fornicate you just cause your smart!
Intellect is perfect
Mhmn
U fucking need I love you

kassieorozco said...

We Should All Do Something To Help Carlos Be Free And With His Family. Instead Of Talking About It On The Blog's. Help Fight To Get Carlos Out. Help Him Get Justice. And Get The People Who Falsely Put Him Away.

Anonymous said...

YOU ARE SOOO RIGHT !!!

Anonymous said...

So yur sayin illuminati did this?

Anonymous said...

I called he's getting out next year!!!

david peralta said...

Bulshit

Michael Perkins said...

Bro carlos coy did not know the age of the 15 year old he thought that she was 18 cuz she was in a strip club so shut up cuz you fucken hating bitch ass nigga

Michael Perkins said...

You a hater

Michael Perkins said...

Who