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Sunday, March 10, 2013

SPM Responds (Part 12.a)


SPM Responds: Vietnam War


Dear Fam,

            In previous letters I spoke about some mental disorders that Jane Doe suffered. The DAs downplayed her problems, even saying that they were “normal.” But it’s not normal when a doctor prescribes a nine-year-old girl anti-depressant medication! It’s not normal when doctors conclude that she experiences “possible hallucinations”, and has disorders such as photophobia and phonophobia!

            I didn’t really know Jane Doe other than she was an old friend’s daughter, and she liked to hang out with my baby girl. Nor did I know her medical history. She had been prescribed anti-depressants eight months before she spent the night on which she allegedly told her mom I touched her. And, like I’ve said in a previous letter, if I had known about her problems, she would not have been spending the night with my daughter in the first place.

            The DAs claimed that whatever problems she had, came from the assault that they were accusing me of. My lawyer, Chip, was trying to show the jury how this child’s upbringing was like a Vietnam war, but the judge in my criminal trial broke his back helping the DAs paint a false picture of this family.

            There’s two reasons I bring this stuff up. One, because I don’t want to keep talking about this child’s home environment without showing proof of it. Two, because our critics claim that my trial was perfectly fair, but what’s fair about hiding the truth?

            The only way to make these points is to take you to the civil trial, where the civil judge allowed a little of this family’s history to be exposed.

            I didn’t want to get into the civil trial yet, because we’ve got several points to address in the criminal trial. But just to solve the mystery behind all these man-made disorders, let me take you to a hellish world.

            My civil lawyer’s name was Brock, and he out my wife, Gina, on the stand. Gina was good friends with Jane Doe’s mother, who I’ll call Mary Doe. I’ll call Jane Doe’s father, John Doe. Here’s Brock questioning Gina in the civil trial:


Civil Trial
(Court Transcripts Volume 6 of 9 pg.9)

Brock: (Mary Doe) told you what?

Gina: That John Doe had punched her dad and that she called the cops on him and that he went to jail for that.

Brock: That is what you were told by- -

Gina: By (Mary Doe)

Brock: Did - - when you say this is your relationship, did you see (Mary Doe) on a day-to-day basis?

Gina: Yes.

            Twice I’ve seen John Doe knock out Mary Doe’s father. The old man was feisty, but very old, like, in his late sixties. He hated his son-in-law because everyone knew that John Doe was an abusive man. The old man would lunge at him damn near every chance he had.

            Saying Mary Doe’s father was a drunk is an understatement. He had no business drinking the way he did, and he died three months after this child said I assaulted her.

            The insane thing is that the DAs decided to use his death to their advantage. They had Mary Doe testify that her family was hiding the assault charges from her father. But, somehow, three months later, he found out and died the next day. As ridiculous as that sounds, the jury swallowed that worm, too. They were already looking at me like the robber of innocence, but, now, I was the grandfather slayer, too.

            I’ll show you Mary Doe’s testimony on her father’s death, later. Let me get back to the civil trial. On the next page, Gina talks about another incident.

Civil Trial
(Court Transcripts Volume 6 of 9 pg 10)

            Brock: And did she describe to you what happened?

            Gina: She called me, she told me what happened, then I went to her house and I saw it.

            Brock: What did you see?

            Gina: She- - the whole eye, not just the outside of the eye, but the whole eyeball jet black where he threw a book at her face. She went to the doctor and the doctor told her that when she later, you know, when she gets old that she might lose 50 percent of her eyesight.

            Brock: Were the children present?

            Gina: I don’t know. She told me this.

            Brock: Were the children present when you went over there?

            Gina: Yes.

            Brock: Could the children have missed this physical- -

            Gina: No.

My wife did nothing but try to help this woman. I think they were such good friends because they had so much in common. Both had family in Mexico, both spoke Spanish as a first language, and both were in painful marriages. Mary Doe was a punching bag, and Gina had a husband who was constantly unfaithful. I’ll go to the next page.


Civil Trial
(Court Transcripts Volume 6 of 9 pg. 11)

            Brock: Did you- - did you do anything to help her at any times that involved incidents involving her husband?

            Gina: Yes.

            Brock: What did you do?

            Gina: A few times I picked her up in the middle of the night with her kids waiting, in the middle of the night in the street I picked her up and brought her to my house. And another incident she - - (John Doe) would look for her there. So she stayed the weekend and then she went to Mexico.

            Brock: Okay. And how many times - - when you say, “The middle of the night,” are we talking 10 or 11:00 o’clock?

            Gina: It was about midnight when she called.

            Brock: And she had the kids in tow?

            Gina: yes, they were.

            Brock: Escaping?
           
            Gina: Uh-huh.

Let’s go to the next page.


Civil Trial
(Court Transcripts Volume 6 of 9 pg. 12)

            Brock: Did you ever pick her up at the bus station?

            Gina: No. I never picked her up at a bus station. It was a busstop where I picked her up outside her apartment.

            Brock: I misunderstood. Did you ever hear (John Doe) use harsh or ugly and sexually subjective language in front of the children?

            Gina: Yes.

            Brock: Did (Mary Doe) - - what is the, I mean, the most dramatic thing that (Mary Doe) told you about, things that happened, that (John Doe) did to her?

            Gina: When she was five months pregnant and (John Doe) hit her and she fell in front of her house. She was five months pregnant. Then she called me - - she went to Fiesta that afternoon, she called me and told me she was bleeding that she was going to the emergency room.
            She didn’t go to the emergency room she went back home at (John Doe’s) house. Then in the middle of the night she gave birth - - well, had a miscarriage and gave birth in the bathroom and that was - -

            Brock: Did (Mary Doe) ever report anything about being tied up, being in a closet?

            Gina: I have no idea if she reported it or not.

            Brock: To you.

            Gina: Oh, yes. To me, yes.

            I remember when Mary Doe had that miscarriage. What happened was she had got up to use the restroom. While on the toilet, the fetus began to come out. She stood up and it fell on the floor. She started screaming and John Doe woe up to see what was wrong. I don’t think he’ll ever forget what he saw in that bathroom.

            John Doe told me they wrapped the baby in a blanket and went to the hospital. I think he said it was a girl. The nurses at the hospital cleaned the baby then brought her back so they could spend a few moments with her. The nurse asked them if they were going to have a funeral, or have the hospital take care of it. They opted for the latter.

            Brock, also, asked about sexually subjective language. It reminds me of a time when we were at their house, and the living room was a mess. John Doe told his sons, “Pick this shit up before I butt-fuck both of you!”

            It cracked me up because I was used to his sense of humor. When me and Gina came home, she asked, “Why did you laugh when he said that to his kids?”

            I said, “Because he was just joking. You know the boy’s a fool.”

            “Well, the way they jumped up and started cleaning makes me wonder,” she said.

Civil Trial
(Court Transcripts Volume 6 of 9 pg. 13)

            Brock: I’m sorry. What did she tell you?

            Gina: She called - - well, that was one of the reasons why I picked her up in the middle of the night because he let her go - - she told me that he tied her up and put her in the closet and the kids were right there at the door crying and crying to let her out. Then he let her out and I guess he must have fell asleep or something and she called me and I picked her up.

What Gina didn’t mention was that Mary Doe was in the closet for almost two days. I went to their house while this was going on. Me and John Doe were close friends back then, always getting drunk together. Jane Doe was about four at the time, so that would’ve made her little brother around two, and her older brother around six. I remember he thought it was funny how his kids were talking to their mom through the closet door. I couldn’t find the humor in that one.

            He didn’t invite me in that day. Instead he came out and we talked for about ten minutes. He told me he tied her up with a long extension cord. I knew which one he was talking about, it belonged to his dad. She told him she was leaving him, and that’s why he did it.

            John Doe was sitting in the courtroom while Gina (and myself) spoke about these things. My lawyer made an excellent point about him being there. (Keep in mind that “Mr. Hennessy” was this family’s civil lawyer.) Here’s Brock talking to the jury.

Civil Trial
(Court Transcripts Volume 6 of 9 pgs. 40-42)
            Brock: You have to decide about a pretty important cog in this wheel, and important person who has a lot to say about family situations, who would have lots to say about what was going on and what wasn’t going on, who has been sitting here this whole time but who Mr. Hennessy is not brave enough to put on the witness stand, and that is (John Doe), her father.

            (John  Doe), the man who when they say we’re pointing the dirty finger, yeah, yeah, because it is (John Doe), and his problems, and his circumstances, and his conduct, and the way he dealt with his family, and the way he participated in his family, and the things that he did, the shameless thing he did to his children under those circumstances that has caused these people to stand up and say: The child, believe what you want about what has been said about this conviction, the circumstances under which this child lived were - - I’ll use his word - - appalling.

            And the man has been sitting here, but he didn’t get there (indicating). And why? It’s because it’s a long walk from perjury back in jail to sitting up there and not telling the truth, the truth that we know came out of his mouth and her mouth. So you have to decide not just about what you heard, but what you didn’t hear and why you didn’t hear it. Because that testimony speaks volumes. The silence is deafening.
            Not only was Hennessy not brave enough to put John Doe on the stand, but neither did Mary Doe dispute anything Gina said. It was the truth and they knew it.
           
But Hennessy was brave enough to put Jane Doe on the stand. She was more poised than both her parents put together, and brilliant at saying exactly what she was supposed to say. But the jury in my civil trial weren’t buying it. It only proved this child came with a remote control.

Civil Trial
(Court Transcripts Volume 6 of 9 pgs. 22, 23)

            Hennessy: We’re almost done (Jane Doe). Okay. Just a couple of things, (Jane Doe). Did you ever see your dad hurt your mom?

            Jane Doe: No.

            Hennessy: Did you ever see your dad tie your mom up, put her in a closet?

            Jane Doe: No.

            Hennessy: Don’t know anything about that?

            Jane Doe: No.

            Hennessy: Did you ever hear your dad hurt your mom?

            Jane Doe: No.

            Hennessy: Have you ever been out of the room and you heard him hit her?

            Jane Doe: No.

            Hennessy: Do you love your dad?

            Jane Doe: Yes.

            Hennessy: Are you afraid of your dad?

            Jane Doe: No.

Not only did Jane Doe see her mother get clobbered, but she saw it on a regular basis. Everyone saw it.
            I showed you just a piece of the civil transcripts, which showed just a piece of Jane Doe’s environment. Of course, it takes years of living this way for actual disorders to develop, and only God knows what each day was like under those circumstances...

(To be Continued in Thursday's post)

12 comments:

Almazan187 said...

Guy sounds like a doushe

Angela NiƱo said...

Insight Los....insight is what you are bringing that most have never been given. Freedom of speech, education and truth are the weapons that are going to set you free.

Anonymous said...

the fact they she had physical aggression towards her father could be a sign of sexual abuse

Marisol Garay said...

11 yrs Carlos is still fighting a guilty person would never fight maybe a guilty person would deny but never would they figjt!

Anonymous said...

After reading that section of the transcrpits, I have a feeling (Jane Doe) was touched by her father and her mother didn't want him to be locked and decided to frame Carlos Coy. Well thats what i think.

Anonymous said...

Okay I think Jane doe is mentally ill and was touched by her father and decided to blame it on Carlos coy

Anonymous said...

Keep On pushing Bro Youre Almost Out!! Fuck the System!!!

Anonymous said...

damn,this is just like a movie. This is crazy.

Eric said...

Keep in mind, the jury in the civil trial unanimously agreed that Carlos was guilty of molesting the child. Hmmmm, why did Carlos fail to mention that? So that's two juries, one criminal and one civil, that unanimously agreed that he was guilty. Interesting indeed.

Incandesio said...

Why, good morning to you, Eric! Here ya go: http://beforeitsnews.com/the-law/2013/02/using-criminal-convictions-in-civil-cases-2449120.html

"When it comes to a criminal trial, essentially what the prosecution is proving is that harm was caused.

If that’s established with a guilty verdict at trial, that decision could be used as evidence in the related civil case. That’s one less thing you have to prove to the jury."

From SPM Responds Part 2: http://www.spmaftermath.com/2011/12/spm-responds-part-2.html

This is what my lawyer told me.

He said, “Carlos, you won’t be able to say that you did not do this. You won’t be able to even say those words. I can possibly find ways to buff out the truth, but the jury would have to be paying pretty close attention to my efforts. The jury will basically be ordered to look at you as the man who did this ungodly thing to this little girl.”

Eric said...

"Carlos, you won’t be able to say that you did not do this."

That is certainly not true. In a civil trial, the defendant is required to take the stand. Before he takes the stand he takes an oath to tell the whole truth. If he is truly innocent, he has the right to say he is innocent and that he did not molest that little girl. I replied to this more on 12b, so maybe we should just continue this discussion over there.

Anonymous said...

Eric, you are a chump.. The civil case has no effect on the criminal. It does however work vice versa. They found him guilty (which is bs) in the criminal court. If he would have been in the civil court after it was finalized(which it was, and that what they waited for) and said im not guilty, they would have said, "thats not what the last jury said" and that they dont care. The civil court is about $$$ not freedom.. It funny that they awarded them $$$$ 00.00 $$$$, because obviously the civil court figured out the truth and thought it was wrong to kick an innocent man while hes down.