Updated Thursdays

Wednesday, June 6, 2012

SPM Responds (Part 8.b)

Continued from part 8.a

Alright. We already know that the child (Jane Doe) said she believed this assault could be a dream. That’s where I’ll start.

            My opinion is that she knew no assault took place, and it was her own guilty conscience that wouldn’t allow her to flat out say “I know this happened. I remember it clearly.” In trial, (Court Transcripts Volume 11 of 31 pg. 109), the child told the D.A., “…I was – I was sleepy and didn’t know if it could be a dream or something like that.”

            After Jane Doe said that, the D.A.’s gentle demeanor changed like day turns to night. She stared at the child, clearly disappointed, and asked “Was it a dream?” The child gave the answer that she knew Oncken wanted to hear, “No”, yet she still refused to say she remembered the assault clearly. On the same page (pg. 109) the D.A. asked, “Do you remember it clearly?” Jane Doe responded, “Not really.”

            Afterwards, Chip questions the child. Here, he basically confirms what she told the D.A.:

Criminal Trial
(Court Transcripts Volume 11 of 31 pg. 131)

Chip: I want to ask you a few questions about the last time you spent the night with Carley. Do you know what time I’m talking about?

Jane Doe: Yes.

Chip: You’ve talked a little bit about it with Ms. Oncken. You were not sure what happened that night, were you?

Jane Doe: Not really.

Chip: Because you thought you might be dreaming

Jane Doe: Yes.

Obviously this little girl had a conscience and was making things difficult for the D.A.’s. I remember telling Chip, “She’s trying to tell the truth.” I honestly felt that she was trying to dig me out of the mess that she initially put me in. She was an intelligent child, and she had to have known that by saying these things, she was hurting their chances of a conviction.

But every time something was said in trial that the D.A.’s didn’t like, they used their powers to fix the problem. They did this, mostly, by using their professionals, who would get on the stand and say exactly what the D.A.’s wanted them to say. In this case they called upon a well respected child psychologist named Jennifer Welch. This woman is using all the money her parents spent on her college education to be a court house puppet.

Criminal Trial
(Court Transcripts Volume 13 of 31 pg. 187)

D.A. What kinds of things might a child do as a defense mechanism when the abuse is occurring?

Psychologist: Well, when the abuse is occurring the child is usually, as you can imagine, very frightened. And a lot of times they feel paralyzed, feel unable to affect a situation.

            They usually can’t believe this is happening and so a lot of times they might try to talk themselves into thinking that it’s not happening. That it’s a dream…

As most of you know, after this trial ended, the child’s family took me to civil court to sue for money. During her civil disposition, under sworn oath, Jane Doe told my civil lawyer Brock, that the assault took place “for one second.” During this criminal trial, she testified that it took place for “about a minute.” (You’ll see exactly what Jane Doe said about this alleged assault in upcoming letters.)

            I brought up the civil disposition because now that we know she’s claiming this was a “one second” ordeal, the D.A.’s question, and the psychologist’s explanation, sound even dumber than when they first put on this whole show. But, at the time, how could they have known that the child would, later, change her story? And, just for the record, I didn’t do this thing for “one second” or one thousandth of a second.

            Jennifer Welch also used the words “very frightened” in describing how this child must have felt. The child told the D.A. that she was “…sleepy and didn’t know if it could be a dream…” I’m not sure how someone can be “very frightened” and sleepy at the same time, but the jury was like twelve baby birds, swallowing anything that got dropped down their throat. They wanted so bad to believe this gangster Mexican was guilty; this thug with a shaved head and sagging his pants in court and acting like the whole situation was a waste of his time. I represented everything they feared and now there was a chance to “send a message” as the D.A. put it. The problem was they sent the right message using the wrong person. I will say this to Chip’s credit, he did keep asking me to pick my pants up.

            Chip didn’t dismiss the possibility that Jane Doe may have really dreamed this. He knew that she had been diagnosed with mental disorders, “possible hallucinations” was what one doctor said, so I could understand his direction. The question was, how could a nine-year-old child dream, or make-up, or even hallucinate the act of oral sex if she didn’t know it existed? She would have had to be exposed to the act, either by seeing it, or, God forbid, experiencing it.

            Chip’s goal was to find sources of which this child could have been exposed to the act. He decided to ask Jane Doe about scary movies, knowing that those types usually contained graphic sex scenes.

Criminal Trial
(Court Transcripts Volume 11 of 31 pgs. 129-130)

Chip: Let me ask you a couple questions about movies. You – have seen scary movies before?

Jane Doe: Yes.

Chip: What type of scary movies?

Jane Doe: Like “Scream”

Chip: Did you see “Scream 2?”

Jane Doe: Yes.

Chip: What else?

Jane Doe: “I Know What You Did Last Summer.”

Chip: Did you ever have a nightmare or a bad dream after seeing one of these scary movies?

Jane Doe: Yes.

Chip, also, wanted to know if she saw the movie “Scary Movie.” That movie had a scene of a male performing oral sex on a female. So that he wouldn’t have to put the child back on the stand for just one question, he asked the judge to order the D.A.’s to ask the child if she had ever seen “Scary Movie.” The D.A.’s asked her and Jane Doe told them that she had seen the movie.

With that information, Chip makes this move:

Criminal Trial
(Court Transcripts Volume 14 of 31 pgs. 84-85)

Chip: Judge, I have one other piece of evidence that we intend to offer. I’d like the Court’s input and possibly an agreement with the State on this piece of evidence.

            All of the movies that (Jane Doe) mentioned, Scary Movie, Scream One, Scream Two, I Know What You Did Last Summer, I’ve had reviewed. I do believe that the graphic sexual content within some of these movies has to be brought to the jury’s attention. I don’t intend to publish all four of these two hour movies. And I’m even satisfied if the State would enter a stipulation that there is graphic sexual material contained within these movies and that that is the State’s and the Defense’s agreement because I’m not crazy about, you know, the deliberations of the jury watching eight hours worth of movies to find all the parts that have been identified.

            In the efficient way we’ve tried this case I would like to keep doing that. That’s what I intend to offer into evidence and I don’t know if the State wants to talk about it, consult about it.

D.A. Andrews: So, you want to put the movies, the video into evidence?

Chip: All four that she mentioned.

D.A. Andrews: And we have established that the child watched every part of these movies in their entirety? I don’t think there was any testimony to that.

There were two D.A.’s in my trial, a middle aged, dark-haired woman named Andrews, and the head D.A., an old lady named Oncken.

            Just in case any of these movies had damaging sexual scenes, we see Andrews already setting things up to have the child say she only saw certain parts.

Continued in part 8.c


martin (OCM) said...

kind of off topic, but after watching some tv i noticed that the show The Boondocks kind of covered something like this. the episode was when uncle rucus was becoming a pastor ( not relevant but thats the main plot of the episode) But as a side story Hewy was visiting and trying a way to set free a convict that was on death row that was "wrongfully convicted" and "was not able to show relevant evidence that could have freed him." Just a thought this subject is out there " that the justice system is flawed" however not much has been done to fix it. This episode i believe was around 2007 or 2006.

Anonymous said...

Wow now I know he is innocent

salvadorboy13 said...

Are these legit recorded testomonies? I don't want to sound so skeptic all the time but this would be alot more powerful if they were official recordings and not just Carlos's memory.

Ramon Rincon said...


ROB D said...


Anonymous said...

im about that girls age and i saw every bit of those movies....and i was exposed to pornography since i was 8....come on, we were all sick little fucks when we were little kids....FREE SPM....JANE DOE HURRY UP AND POST A VIDEO ON YOUTUBE SAYING IT WAS ALL A LIE...BITCH...HOW THE FUCK U GONNA DO THAT TO THE GREATEST MEXICAN THAT EVER LIVED, CARLOS COY

Anonymous said...

Salvadorboy. Its says court transcripts in parenthesis several times,he even gives the volume and page numbers.in a previous letter he said he had the official transcripts with him nd that he would share them with us. geez mayne!

I hope that girl has some type of remorse and tells tha fucking truth. I bet the guilt doesn't even let her sleep, at least i hope. By now she should be at an age in were she is capable of realizing the damage she caused. It is sickening how someone is capable of ruining a man's life. These people are disgusting. How can u do that to any person especially a street legend legend?! u dumb bitches. Free spm!

Incandesio said...


SPM has mentioned a few times that he kept relevant portions of the transcript with him for his book.

If anyone wants to shell out 5K for a certified copy of the transcript, I'll go through and verify everything. :-)

Incandesio said...

Martin: I remember that episode...Awareness comes about slowly. It may be years before there's any kind of meaningful legislation to deal wrongful convictions before they happen, but working on cases like this, that have meaning for many thousands of people, will hopefully speed it along.

salvadorboy13 said...

Ooh guess i shoulda payed more attention haha, about tha book, do you know if that is gona come out with the S.O.N?

salvadorboy13 said...

And also i dont think I couldve asked those questions in that earlier post at a better time haha, this pretty much answered half of my questions... If i remember right i think you said that you had a 30 page letter from Carlos about the girls testimony? are you ever going to release that all at once or just post parts of it every once in a while?

Incandesio said...

I'm not sure when the book will be published. There are two letters; the thirty-page answer, which is being posted in pieces. This post is the second piece. The letter about the girl is a much shorter 'reserve' answer, that will be posted when I need it.

salvadorboy13 said...

ooh ok gotchu

Anonymous said...

can u ask spm why he watch the movie the texas chainsaw massacre dat nite

Anonymous said...

can u ask spm why he watch the movie the texas chainsaw massacre dat nite with the kids. maybe good question to ask spm

traviesa said...

Q: cant the case be re opened & taken to trial again...?

swear im one of his biggest fans & his case is what inspires me to work in the criminal justice area & not drop out, grow up & not become a bum like im thought out to be >.<

Anonymous said...

Los would be free soon were getting closer

ELchapoGUZMAN82 said...

Its fucked up what they did to brian banks and its even dirtier what they doin to the S.P.M with that said if mr. Banks was able to get his conviction overturned cause a of a lying ass bitch lets hope the same for mr. Coy


Anonymous said...

It's pretty messes up how the system works!

Incandesio said...

Elchapo: How the fuck did I miss the Brian Banks story? Thank you for bringing it to my attention!

Incandesio said...

It could be overturned, and SPM could be given a new trial. The question right now is, how can we make that happen?

april amaya said...

This crap doesn't surprize me abit cause the system is so twisted In Texas Exspecially in Houston TX,The State needs to admit that they made a mistake on this mans case but getting texas to admit they did something wrong is like pulling teeth.To the people who listen to his music and seen him in interviews and concerts knows that he is no rapist,and know that is The latinos Tupac and what did they do to Tupac because he was talking to much,The cop shut him up just like they are doing to LOS.FREE Carlos Coy!!

ELchapoGUZMAN82 said...

Incandesio just wanna let u know that i love what ur doing here i hope all that ur doing one day pays off just had to let you know and u already know that if Mr. Banks was set free why not Mr. Coy love everything u do keep all the good info comin.

Incandesio said...

Elchapo: I really appreciate that; it's encouraging to know there are other people out there that see what I see.