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Sunday, November 25, 2012

Prior Contradictory Statements


I mentioned to you that a couple things had jumped out at me when I re-read the Habeas Corpus appeal, and I want to talk about the second one today.

Here’s the bit from page 16 of the appeal; ‘Q’ is Coy’s defense attorney, and A is Mary Doe, the child’s mother:

"Q:. . . And if I got your testimony right, you told [your sister] that you were sure that [the molestation] had happened; is that right?

A:My sister?

Q:Right.

A:I never told her I was – I mean, we knew it was true.

The state habeas court found that Coy’s attorney elicited these statements “for the purpose of committing [Mary Doe] to her prior testimony, so that [he] could subsequently impeach [Mary Doe] with the previous inconsistent statement reflected in the complainant’s medical records [that she was not sure the sexual assault actually occurred].”

A brief translation, as best I can: Coy’s attorney asked Mary Doe if she knew, with a certainty born of Divine Motherly Truthiness, that her daughter had been assaulted; with no shadow of a doubt, no cause to question it.

Absolutely, says Mary. No question. We KNEW it happened.

He brought this up so he could later point out, using the child’s medical records as proof, that Mary Doe was, at some point, “unsure if the sexual assault had occurred.” That she didn’t always KNOW it had happened. This was an important point, as the Appeals Court pointed out:

“…by impeaching Ms.[Doe]’s credibility on this issue Coy’s counsel stood to discredit her entire testimony. The very statements Coy complains about, that Ms. [Doe] believed O.S. was telling the truth, were the same statements used to impeach her by confronting her with prior contradictory statements.

(emphasis mine)

Prior contradictory statements. Why do they matter? First of all, she testified that she knew the assault had happened, even though she had stated, apparently to someone involved in the child’s medical care, that she wasn’t sure if anything had happened. I don’t know if it was a bald-faced lie, or if she was just caught up in the drama and forgot, but basically she swore to something that wasn’t true. This issue of her misremembering salient details also came up during the discussion of whether or not she allowed her young children to watch movies with graphic sexual content.

Second, think back to Coy’s response about that first, untaped interview with Heidi Ruiz. Ruiz stated that Mary Doe was so upset, so completely torn apart by what had happened that when she tried to write out a statement, it was completely illegible. At this crucial point, when the child's testimony supposedly changed from 'being touched' to 'being licked', from 'Indecency with a Child' to 'Aggravated Sexual Assault of a Child', Ruiz was naturally forced to throw out the only record of the interview.

From Coy’s Response (Part 4.a):

Court Transcripts Volume 11 of 31 Pg. 177

 

Ruiz: I got (Mary Doe) to calm down enough to start writing a statement and when I came back to check on her she was visibly upset, still continuing to write her statement. Came back to check on her a few minutes later and she had finished her statement. It was- - her ability to write was not there.

At this point, as far as I know, Jane Doe had not been medically evaluated. So I’m guessing the ‘contradictory statement’ was entered into her medical records three days later, when she was taken to the CAC.  Ruiz claimed that, at the time of the first interview, Mary Doe was so upset that she was unable to produce a legible written statement. However, apparently three days after this, she unsure that anything had happened. If she was unsure there had been an assault, why would she be so upset that she couldn’t write a damn statement?

And why did Ruiz feel comfortable destroying the only written record of the child’s changing story?

http://www.scribd.com/doc/33106215/Coy-Trial-Habeas-Corpus

35 comments:

Anonymous said...

I recall when spm was out here.ge was an arrogant fuck very boastful he only wanted to shine thats why he never used other artist..plenty of dudes in houston hated him i guess thats why they believe they set him up but i know ppl close to him know for a fact he would always have 15-16 year olds hanging around dopehouse after shows. i mean ive even heard he got blowjovs from them which makes me sick to my stonach. all i can say to incandesio is that ur playing with fire nobody is perfect i know but this man was bad when he was out ..of course u nvr knew him. but i did . like one person once said i trust carlos with my 5 year old daughter but i sure as hell wont trust him with a 15yr old. you gotta remember carlos was high and intoxicated always... this guy was outta control. i personally believe he did it...the girls from new caney why dont u talk about that? He had sex with alot of teenagers that is a fact underage girls. god will do justice he knows this....

Incandesio said...

Are you talking about the girl from New Caney who claimed she had unprotected sex with him, and somehow managed not to pass on her STD? Who apparently had a history of trying to extort money from Dope House? I have talked about them. Why don't you read through the blog?

Anonymous said...

No the other .you nvr lived in that era with him you obviously dont know shit you have too much time on your hands. want proof ok here it is...from spns akas personal public speaker for dopehouse don juan corzo who was really close to spm DO NOT DENY IT. his exact words from a 2002 august interview -------->" Coy's appetites would not be curbed. "He was still bringing those girls around Dope House and I could see that they were young---15,16. You could see they had that young look," Corzo says. "I used to say, 'If he's gonna mess around, if he's not gonna be the perfect husband, he at least needs to mess with girls who are 21 and up.' His response was 'I don't have to change my life because that would be a lie.' And I would be like, 'Okaaaay."

According to Corzo, Coy also erred badly in selecting a lawyer. Instead of seeking specific sex crime expertise, Coy chose to go for overall prestige. "They were referred to people who specialized in sex charges, but from what I hear from the people at the label, Carlos wanted to go with the most expensive guy," Corzo says. "They referred him to this guy who was gonna charge him about $50,000. He's an expert who has represented teachers who had been hit with sexual charges, and this guy had a good reputation. But they didn't want to go for him because he wasn't the most expensive."

Corzo believes that Coy is guilty only of having sex with the pubescent girls, but not his youngest victim. "To this day I feel pretty certain that what he was convicted for is not true," he says. "If he was convicted for sleeping with 15-year-olds, I would have said 'Hey, you deserve it, because you have.' And every rock and rap star has done that."

Noe said...

^bitch, why are you hiding? if you say who you are and provide details maybe you'll be a bit credible, anyone can make up stuff. You come on here talking all that shit but won't say your name. Nigga,stop hiding behind the keyboard.

Anonymous said...

Btw i have no intention yo reply to uneducated idiots like the one above me^^^^ i only respond to the author of this blog whos educated and gives reasonable responses.not to the cholo or idiot internet gangster defending spm just bc hes their fav rapper. this is even more damaging to coy read on please----> from the interview with DHR public speaker "Corzo still believes in his former employer, with a vehemence that will shock many. "Many times when I go out I get in arguments with people who tell me that Carlos is a child molester and this is what I tell them," he says. "I say I would trust Carlos to baby-sit my 5-year-old daughter, but not my 15 year-old daughter." incandesio im afraid your wrong ..cut yourself some slack and stop defending this pedophile while u still have some honor this man is guilty as OJ. bye

Anonymous said...

Hate is an Incurable disease. Stay up Carlos. Sounds like a pissed off rapper that never made it. Lol but real talk. The price of the attorney isn't the issue when the whole system is crooked.

Anonymous said...

He doesnt sound pissed off at all. i think ypur a hater just bc someone goes against coy doesnt mean their evil..believe it or not some ppl still belueve in justice lile me...i know coy im fr his neighborhood southbpark. and coy is as guiltu as they come.

Anonymous said...

hmm uneducated, okay whatever. did you read what you posted? Your grammar is as bad as mine.

Incandesio said...

Anon 10:13

There absolutely is an interview that quotes Corzo as saying that; I haven't used it because I can't source it, but I would say it helps Coy more than hurts him. The guy admits he doesn't like Coy, but still does not believe he would molest a child.

As far as his supposed penchant for teen girls...It's really not that interesting to me, whether he leans that way or not. I don't defend Coy because he's a saint, or because I think he's just a super-nice guy who always does the right thing. I defend him because I believe he didn't receive a fair trial, and nothing in his past justifies getting railroaded by the justice system. Everyone deserves a fair trial, from the best of the best to the worst of the worst, and the worse the accusations are, the more important it is for the accused to receive impartial justice.

So you're right, I don't know shit about who he was before he went to prison. I don't need to know that he was a faultless, pristine choirboy to stand up and say what happened to him was wrong, and puts me, my family, and every other citizen of Texas in danger of the same.

Anonymous said...

fair trial !!! nuff said...cant wait til SPM's come back...SPM is the biggest reason why i've kept up with hiphop culture period. if it wasn't for SPM i probably would've been a weirdo with no swag and culture less...yall weridos better get in the program...that nerdy prep shit isnt selling, hiphop is selling...and pay homeage to SPM, dont get into the culture and be a fanboy of some wack ass rapper...i been hiphop culture back when it wasnt cool, since elementary, and now that its poppin all these weirdos trying to get in it actin like fools...SPM is the first Mexican to be what you pretend to be, he is the first Pop culture(Hiphop) Mexican... and if it wasnt for him we probably still wouldve been dressing ancient with sombreros and shit (not that there is anything wrong with that but that doesnt sell and generate power which is what latinos need)...*sigh* i had a chip on my shoulder, but thats what i believe...SPM probably wouldve been as rich as Puff if he played his cards right(played his cards right as in the business side, not the bullshit trail)...cant wait til SON comes out, imma buy like 20 copies the first week, then another 10 the second week, just to keep him on the charts...and cant wait for the book too, that already is going to be the best hiphop book ever guaranteed...

Anonymous said...

Time will tell, haters will go to hell.

beanieman said...

You heard this, and you heard that...so what? Anyone can say anything. You just a trick to peoples bullshit that comes out their mouths. But it's whatever, you're only hurting yourself being a mindless puppet. Los has guest artists on all his albums and gets respect from plenty of rappers. I've heard artist like ESG and Z-ro give shout outs and respect to Los on their albums. So obviously you don't know shit about him. And if you know him personally, then why you going by what everyone else says about him? Move along, puto!! FREE SPM!!!

beanieman said...

He is you. Don't front, you the same person in the comments above. That's how fake you are, defend yourself by leaving a comment as if you were someone else. Does it make you feel better? Hater. It's not good for the soul to have hate in your heart. FREE SPM!!!

Marisol Garay said...

Well said Ms Icandesio everyone deserves a fair trial. I know the system fron personl experience and let me just say, plea bargain is the order of the day. No one will go to tria, because we know the chances of getting a fair trial are very slim. Man Ms your bad as excuse my language. Love and respect aleays Mari




Marisol Garay said...

I hate typing on my phone i make too many typos.

Anonymous said...

When has zro gave him a shot out prove it fagoot

Angela NiƱo said...

To the person saying they will not argue with uneducated cholos.......ugh! Man in your own words you are saying Los would never have messed with children. Pedophiles only mess with children that are clearly under developed, meaning no big booty, no breast. You're calling him a pedophile and at the same time saying he would never do that. Fucking around with girls that look like thick stripper type bitches is totally differnet than fucking with a baby that has no figure. The man who abused me for 4 years was a pedophile. That man sat in a cell for 20 fucking years....every year well deserved. Everyone comimg to this site to bump lips needs to read the blog from the beginning. This shit has already been covered. If this wasnt Carlos Coy and someone else with the same circustances I would be defending them as well. Why, because our justice system should be used to convict guilty muthafuckas on real charges. Don't come here to fill your agenda. Child abuse is nothing to play with. By HPD doing this it opens all other cases for questioning including the cases where it was a valid assult. Because of people fucking around with their power....could actually mean later, cases could be over turned. I believe Coy is inocennt....and I'll be mad as fuck if HPD is putting more effort to locking up people they don't like as apposed to real fucking abusers. Do some work assholes and please use Word and spell check your ish before looking like a dumb ass!

Anonymous said...

How many times does Incandecio has to say that she's not doing this cuz she believes in coys story, but because she don't think he got a FAIR trial? Dudes to damn ignorant or lazy to read/understand her and coys argument! And even if she's doing all of this because spm is her favorite rapper, what is it to you or anybody who tells her to quit doing this?? Niggas need to get a job and stop trying to make people do what they want. Its her time and she can do with it as she pleases!!

Anonymous said...

If spm ever gets a new trial, could yall imagine his case being talked about on nancy grace lol nancy grace would shred his ass up and make him look like a monster, i do believe hes innocent though. because if he wasnt and he knew he wasnt he wouldve took that 5 yr plea bargin

beanieman said...

25 Lighterz off the Crack album. Have a good one, hater. Oh wait...you fools don't know how to "have a good one" so nevermind. FREE SPM!!!

Anonymous said...

Fucken idiot that wasnt for spm its fir los graces brothers who are crips. zro doesnt have love for pedos. get a life queer ..spm is forgotten abou

Anonymous said...

^Bitch shut the fuck up. The sad part about it is that you Youtubed the song and listened to it only to see if he gave SP a shout out. Then you took your time to come on here to talk some more shit, thats sad. Invest your time into doing something positive,hater. but im sure you'll be back to read the letters from Los and to talk more shit. Seriously, i feel bad for you, life must suck.

Anonymous said...

Forgotten about? you must not listen to underground rap. He's far from forgotten, your bitch ass is still talking about him.

Anonymous said...

Hes history. bing is way amd wil always be more talented. close ppl who wirked in the bussiness for years have told mr that bing outshines spm in the studio.you mofos are just on.his dick bc spm is a known pedo. Dumb ass mexicans

beanieman said...

Might've been wrong about that, i listen to Z-ro's music but i don't know about all of Z-ro's boys. Who he chills with is none of my concern, so if i hear him say "what's up Los what's crackin' cuz i'm straight lased" in a flow, of course i'm gonna think it's SPM. He's the most well known Los in H-town. So i was wrong...the thing is you will keep living life as a punk ass hater and keep coming to this sight to spread rumors and hate. You are predictable. You probably stay with a stinkface on your mug too, huh? Lol! I'm done with you though, i usually don't give haters like you this much attention. Oops...guess i slipped a lil...oh well i'm gonna get on with my day. Much love to all the SPM supporters! FREE SPM!!!

Anonymous said...

Ya but spm was always on da grind droppn albums, bing was always featured on other peoples shit and dropped like one mixtape. Dnt get me twisted dat boy bing go hard. But everyone got they own opinion on who is better and who is not. I think spmex is better than bing in my opinion.

FREE SPMEXA

PutoPlease said...

fo real i dont really care if spm did this or not cuz at the end of the day it aint gon change nada so shit i bump is music hes one of the greatest mexican rapper ever, but i think he did it cuz not if wouldnt be in my jail you know why the fuck someone would get 45 years if hes not guilthy shit make no sense, he was so blind he was high drunk krunk he had money maybe he thought he could do anything that he wants so he fucked up but like he says only god know why hes in jail matter fact spm still bump in my stereo and i dont give a fuck what people think

Anonymous said...

^ have u heard of people receiving unfair trials? Did u know innocent people get locked up?

Anonymous said...

Don't feed the troll!!!!

Eric said...

Corzo wasn't aware of the behavior of a pedophile. A pedophile will usually not have sex with a prepubescent, he will simply fondle or molest them. However, a pedophile will have sex with a pubescent, ie 13 years and up. With that in mind, it is not far fetched to believe he would molest a 9 year old.

"I don't need to know that he was a faultless, pristine choirboy to stand up and say what happened to him was wrong, and puts me, my family, and every other citizen of Texas in danger of the same."

Putting a pedophile back on the streets isn't a threat at all though, right? Incandesio, you need to stop talking about the trial being "unfair". It was perfectly fair. If it wasn't, the conviction wouldn't have survived appeal after appeal, which it has.

I also think your claim that this blog is devoted to how the trial was "unfair" is just a cop out. This blog clearly states, "Coy will be released in His good time, not a day before or after. We work to free him because we believe in God's goodness, but we must not expect to secure his freedom by ourselves." You are obviously just another brainwashed fan trying to free him. Give it up, he was guilty as charged.

Incandesio said...

-Your assessment of pedophile behavior flies in the face of every study I have read.

-I see no evidence that he is a pedophile, and I know that kids in general are more at risk from pedophiles in the dining room than pedophiles in the street. You seem confused about whether he's a pedophile, an ephebophile, or just someone that took every opportunity for ass that came his way.

-Assuming he lives Coy will eventually walk free, whether it's because he proves his innocence in a new trial, is exonerated, or simply serves out his sentence. The day that happens is in God's hands, and I'm okay with that.

You, on the other hand, seem personally insulted by my efforts, which I find endlessly entertaining.

Eric said...

-Interesting. So you're not aware that pedophiles prefer to orally copulate their victims because it's easier to hide? Having actual sex with a child can cause a lot of damage and leave behind a lot of evidence, which is why they prefer alternatives.

-You see no evidence that he's a pedophile? It's funny how supporters like to overlook the fact that he impregnated a 13 year old. An ephebophile prefers victims that are between the ages of 15-19. A pedophile, 13 and below. He was convicted for a 9 year old. He impregnated a 13 year old. A slew of girls between the ages of 12-14 came forward accusing him. How would you define his psychiatric state? Maybe we should ask his fellow inmates.

-This blog has a clear agenda. I think it's wrong.

-No, I'm not insulted. I enjoy debating criminal cases, it's one of my hobbies. I simply think you are on the wrong side here.



Incandesio said...

-Source, please.

-Ha ha, congratulations; you successfully googled 'ephebophile' and copied down the first numbers you saw. It's an attraction to late adolescent development, not random arbitrary numbers. Unfortunately for your argument, I don't consider him an ephebophile, either.
Having sex with Odom doesn't indicate pedophilia because she was physically mature enough to BE impregnated; however misguided that episode was, it's not an example of someone sleeping with an undeveloped child.

-Obviously. You should read it sometime and discover what, exactly, that agenda is.

-If you enjoyed debating, you wouldn't keep trying to get me to quit.

beanieman said...

It's funny how haters overlook the fact that he met that girl at a club she shouldn't have been and that she was fully developed. Any straight man trying to get laid would have done the same and you're full of shit if you say you wouldn't. It's a common mistake. My brother, R.I.P. Lil bro, dated a woman that had a daughter who was 13 at the time i met them. She didn't look a day under 20. Even her voice was mature. If i never knew her and was at a party and saw her, i would have made a move just like Los did. The girl that Los got pregnant obviously knew she was wrong cuz she didn't cry rape. Now i know i'm not using sophisticated words or googling things before i comment, instead i go by life experiences and observation of people. I look at what's real. As for the other accusers, i believe that's all hearsay. People have been trying to get at SPM and Dope House pretty much since they started. If you don't thInk that there are people that ruin other's lives for money or something else, then you are a blind puppet and don't know shit about the real world. FREE SPM!!!

beanieman said...

Get 'em, incandesio!