So, 11 years in prison, one appeal, and two albums later, what are we doing here? How could there be any chance of Carlos Coy getting a new trial?
My first thought was that there may be physical evidence that could be tested; the Crime Lab wasn’t great about keeping track of kits, testing them correctly, or sharing information with the defense at that time.
In 2011, before I began writing to Carlos Coy, I filed a Freedom of Information Act request with the HPD, trying to get ahold of the initial police report; I thought there might have been a list of evidence collected.
What a mess that was; I was read the riot act by some random clerk who didn’t think I had any right to be asking for a document that may contain information that was already freely available online, even if that information was not the focus of my search.
It ended up getting sent to the Attorney General’s office, along with a claim that Coy’s case was still open, and therefore they should not have to release the documents.
Hmm. As far as I can tell, Coy’s case has been closed, along with his appeal, since 2007. Why would they say it was still open? It didn’t matter, in the end. The A.G. sent me a letter stating:
Except as provided by Section 261.203, the following information is confidential, is not subject to public release under Chapter 552, Government Code...the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation under this chapter or in providing services as a result of an investigation.
I was later told by Coy that there was never any evidence collected. One thing that I still wonder about is why they claimed his appeal was still open. Why did they feel the need to protect Exhibit 2, which might “compromise the criminal investigation by revealing HPD's methods for gathering investigative facts in this incident."
What methods did they use??
If you want to read the whole sordid story, the links are below.