Updated Thursdays

Wednesday, September 12, 2012

Retribution 3

So, in the Grand Scheme of Things, what does it matter if a man gets sent to prison for a false charge, if he may 'deserve' prison time for something else? How is that going to affect all of the rest of us perfect angels, who have no episodes of stupidity in our past and certainly never, ever violated any of the 50 quadrillion laws in this country?

In my opinion, it comes down to the idea of due process.
Per Wikipedia: The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. The Supreme Court of the United States interprets the Clauses as providing four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

Procedural Due Process is, if I understand it correctly, the right to a trial; the right to confront your accuser, and the right to a fair hearing. You, I and everyone else are constitutionally guaranteed due process in each case, but there was no legal process at all in the case involving Jill Odom.

An individual is may believe it's karma, or poetic justice, or whatever, but he'd be foolish to deny Coy a fair hearing based on that; Coy vs. Texas was, I believe, weak and unproven. By turning a blind eye to the misbehavior of the Justice System in Case A, even if it's because you think Coy should have been imprisoned for Case B, you're giving the State the right and power to use the same methods in any other case you choose.

Obviously this didn't start with Coy vs. Texas; Harris County had been slapping cases together out of nothing for years before, and continued through Rosenthal's term as DA because people were afraid to  stand against it. Fear can make us blind; fear can make us hand over our most precious rights in the name of 'protecting the children.' It can make us view others as less than human.

It's okay to be afraid; it's not okay to let that fear turn you against justice, against reason, and to allow it to steal life from the innocent. I believe people that make the argument we've been discussing are afraid, but you can help them recognize their fear and deal with it by calmly and intelligently explaining the case for a new trial.



Anonymous said...

I sure hope this will one day happen, Free SPM

Anonymous said...

spm should have a right to a fair trial. and ur right incandesio, me personally i would never give up my rights for liberty or security. you should see how i exercise my rights to all these border patrol check points that arent even on the border. i never tell them yes im a u.s citizen. i tell them thats my business, then they try to say move over to secondary so they can search me and i said no, i told them unless u gotta warrent u aint searchin shit. and they let me go thru because they cant do shit cuz i didnt break tha law, long story short, excerise ur rights and everybody in this country has rights. we have ppl out there fightin everyday and ppl who have given there lifes for our freedom and rights so dont be scared to use them. i know it was off topic but carlos coy should be givin a right to a fair trial

Anonymous 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!

Incandesio said...

Anon 2:47:

An innocent man and a lying pedophile will both say the 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?

Anonymous said...

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!

Incandesio said...

Anon 11:22:

That's totally ON-topic. 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.

Allowing them to abuse us in the little things just makes it easier for them to do it with the big things.

Incandesio said...

Anon 4:54:

I think you're confused; he was never tried for the case of the 13 year old. It never went to court.

Incandesio said...

Anon 4:54:

Also, you asked what makes Coy so special. His case was well-documented, which means it's easier to get ahold of the public files, and I think there will be a lot of publicity when it's finally reconsidered, which will benefit many other men that also did not receive fair trials.

Eric 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?

Incandesio said...

Eric: You caught me on the way out, so I can't spend as much time on this answer as I'd like; what leads you to believe she described anything in "graphic detail"? From what I understand, she repeatedly told the prosecutor and defense lawyer that she couldn't really remember.

The weakness of her testimony, the bias of the supporting witnesses, the allowances made by the judge on behalf of the prosecutor, these are things that strike me as grossly unfair. They allowed a therapist, who hadn't even read the child's medical history, who didn't know she was on what is today used as PTSD medication, to give testimony about her.

Harris County's history is too stained for me to believe they cared if anyone that walked into that court got a fair trial.

The dance studio question..Give me a source for that, would you?

Anonymous said...

Looks. like they. might be undercovers on this site to post negative shit bout los and scared that we can spread the word on corrupted system on Harris county all I got to say time will only tell

Chikanita713 said...

To the anons, if your child was molested and told you the next day, would you wait two weeks to tell authorities? I don't think so. I would've killed the motherfucker that did that with my bare hands. Her family members are some sick fucking people to fuck with a little girls head like that and make her lie to put someone is prison. I assume you all also aren't from Houston because I had friends when I was a freshman in high school that were strippers. Its sad, but it happens all the time so yes that girl most likely was a stripper and didn't look 13. Move around, not even sure why you haters have some much time on your hands.

beanieman said...

You obviously have no knowledge of this case. If all you haters are gonna come on this site spittin' diarrhea, then why don't you go back and read all the transcripts and make good use of your time. FREE SPM!!!

Anonymous said...

^ well said

Eric said...


Obviously her testimony wasn't weak since it convinced 12 jurors and the judge that he was guilty. There is a reason why Carlos hasn't shown you the transcripts from all of her testimony.

As for the dance studio question and other details about the strength of the victim's testimony, read the article "South Park Monster" by John Nova Lomax. I'm surprised you haven't read it yet. Here's the link: houstonpress.com/2002-06-06/news/south-park-monster

Incandesio said...

Eric: Why do you think I repeatedly talk about cases in which innocent men were convicted, only to be exonerated after years in prison?

To show that to it *doesn't* take strong testimony, or a believeable story, or the slightest bit of truth to get a conviction. Just because they can convince a jury does not mean that there isn't evidence that will exonerate the accused.

Your assumption that "The testimony was strong, because he was convicted, and because he was convicted, the testimony must have been strong!" is circular.

As for 'South Park Monster', of course I've read it. I've written about it many times; I was hoping that you had a more reliable source of information.

Post-conviction, people try to make everything into a harbinger; they take lyrics that were written years before and say 'Look, here's proof of his guilt!" The truth is, there was nothing wrong with them at the time, but when you view everything through the light of his conviction, anything he said or did can look suspect.

If it was actually said, why do you find it signifigant? Men open dance studios for children, some men even teach dance to children. Are they all child molesters?

Eric said...

I'm not assuming her testimony was strong just because he was convicted, but also because I've read enough of it. She took the stand and testified in open court about how he licked her vagina while he jacked himself off at the same time. Sorry, a nine year old girl doesn't just make that up. When you combine that with all the other circumstantial evidence, it paints a pretty clear picture.

It's significant because it shows his methods of operation are similar to a pedophile. Obviously he had an interest in little girls, ie impregnating a 13 year old, multiple underaged girls testifying against him, etc. Now he wants to create a dance studio for little girls? Why? Maybe so he can have an avenue of little girls streaming his way, giving him easier access.

Isn't it interesting how we've never even heard Carlos's version of events that night? If he's innocent, then what was he doing when the assault occurred? What happened in the car when he was taking her home? Why doesn't he have an alibi? Why couldn't his wife vouch for him? Those are questions he has never answered, and I doubt he will ever be able to answer them without exposing his guilt, which is why he never took the stand unlike his victim.

Incandesio said...


you have some good questions, and my answer's going to be pretty long; I'm going to post it, and your comment, on Monday.

Angela Niño said...

Eric as a victim of sexual abuse as a child I can see how people are offended that people are behind SPM and are supporting him since he has been convicted of sexual crime. I just want to say that not everyone that's been convicted of a crime is guilty of that same crime. I've mention my case on this blog before and I want to say that when I was 8, testifying in my case there was never a doubt or any kind of question about my testimony. I never once had any doubts about the story I was telling. I had to stand up in the middle of the court room and demonstrate to the court what happened. Even though I felt his starte on me his hate gave me the courage to tell my story. The person I helped convict sat in a jail cell for 20 years. 20 years for 4 years of my life.

When I heard about SPM so many years back.....I was in disbelief! The media has the power to release the infomation in it's entirety. That being said, our media is driven by ratings and sponsors and well if it don't make money it don't "cents".
All I knew about the case was what was released. And what was released...I refused to believe. I came across this blog and so much light was brought to the darkness of the case. Incandesio doesn't profit financially from this. She does it for the sheer injustice of the case. If you still can't see that well your jumping in here blind. Go back to the begining of this blog.....if you are at all interested in the truth and read.

I just want to address the question about the transcripts. If you go back and read the blog Incadesio mentioned in comments about cost for transcripts. I personally am actually working on getting the money to get those transcripts to her. Why do that? Well cause I'm tired of people acting like they know the whole story cause they are the familys moms friend cousins baby daddys pets neighbor landlord and that's why they know the truth. I think people are on this site knowing damn well the truth will be exposed. And I for damn sure am going to come through on my end to make that happen. Why? If we continue to convict people on bullshit accusations then people like me would have never seen justice. Real justice! So Incandesio....you know I was trying to make this a personal mission to raise the money but, I think these transcripts needed to be in your hands yesterday so I'm willing to get help from the public. Will message you soon on that.

To everyone reading and coming here to hate....I just hope you never get caught up in something like this and another point..you better fucking pray that there are people like Incandesio fighting for Justice muthafackaz! I'm out!

Anonymous said...

^much respect. how much money for the transcripts is needed?

Angela Niño said...

All together plus gas money to get to the courthouse is about 700. I have to first pay a fee and once the transcripts are ready I would have to pick them up at the court house in Houston and make sure everything is in order. After that hopefully turn them over to Incandesio....no need for me to read them. I just want her to have them...I trust she will know exactly what to do with them.