Updated Thursdays

Wednesday, June 4, 2014

The Never Ending Letter (Part 2.b)



Continued from Part 2.a


               It’s obvious that not even Ruiz, the investigating officer, believed this “assault” took place. If she would have, then she would’ve, at least, attempted to collect evidence. “Slobber” means excessive saliva, and saliva is full of a person’s DNA. That’s why physical evidence is so important, because you can’t argue with DNA.
                Here’s D.A. Oncken questioning Ruiz about evidence. (Note: For the record, there was no evidence in my trial. I was convicted solely on rehearsed testimony.)
Criminal Trial
(Court Transcripts Volume 12 of 31 pgs. 6-9)
                Q. Okay. All right. And did you also – have you also at some point reviewed medical records from Texas Children’s Hospital in regard to a neurological visit with a neurologist that the child had back in January of 2001?
                A. Yes.
                Q. Okay. So, you’ve reviewed all of these records. Has any of that changed your opinion in regard to your decision that was made in regard to filing charges?
                                Mr. Lewis (my lawyer): Objection, Your Honor. We covered this in ruling earlier as to opinion testimony from this witness.
                                The Court (the judge): Overruled.
                Q. (By Ms. Oncken) You can answer the question.
                A. I believe charges of aggravated sexual assault of a child by contact with the Defendant’s mouth and the complainant’s vaginal area should have been filed.
                Q. All right. Now, Officer Ruiz, we talked a little bit about the recovery of clothing of the child. And I believe yesterday your testimony was is that at the time when you asked the mother about the location of the clothing, specifically the panties of the child, your indication was what at that point in time?
                A. I had been advised that they had been washed.
                Q. Okay. Was there any reason to recov – recover the washed clothing at that time?
                A. No.
                Q. And why is that?
                A. Based on the training that I have received regarding DNA, when an article of clothing is washed the DNA is washed away from it as well.
                Q. Now, Officer Ruiz, having learned what you did in regard to your decision as far as filing charges of aggravated sexual assault, Defendant’s mouth contacting child’s sexual organ, what about any type of recovery of the bed clothing where the offense occurred?
                A. That was a judgment call and based on my investigation and having learned from speaking with the complainant’s – I’m sorry, the Defendant’s daughter, that the Defendant had actually slept in that bed, I determined that there – it would be unuseful to have that bed clothing recovered. It would be impossible for me to explain where the evidence came from and the time frame.
                Q. So, in other words, you would expect to have found some evidence from him in that bed having the information you did that he slept in that bed?
                A. Right.
                Q. After the offense occured?
                A. Correct.
__________
                You’ll see, when Chip questions Ruiz, that even after washing clothes DNA can still be found. But let me go to what Ruiz said about her talking to my daughter, and learning that I had slept on that bed, and that’s why Ruiz felt it was useless to collect the bedding.
                First of all, I never once slept in my daughter’s bed. If I did, who gives a fuck, but I never have. Her bed was too small and way too high off the ground. When I sleep, I move around like crazy. I’ve kicked my wife many times, elbowed her, sometimes I wake up on the floor, or on the opposite side of the bed. It’s just the way I sleep. But here’s my point:
                Over a month after I was accused of this assault, these low-down tramps snatched my baby from her elementary school. She was only six-years-old, and it was the most terrifying moment of my life. My wife called me screaming, “They took Carley! They took Carley!”
                I was, like, “Who!? Who took her!?”
                When I realized it was the D.A. and Ruiz, I felt some relief, but my wife was still hysterical. I said, “Gina, calm down. The stupid bitches probably just want to question her.”
                And I was right. These hoes questioned my baby for almost two hours, trying to get her to say anything that would help their fraud-ass case, anything that would make me look bad.
                My baby told them that she didn’t like when I got on top of her and sucked on her nose, or her arm, and that I would bite her shoulders, or something like that. She said she didn’t like my beer breath. lol!
                First of all, I would kiss her on the nose, I would kiss my wife’s nose, and my little boy’s. I love a cold nose, it’s a habit I have. I used to kiss my mom’s and my sister’s nose, when I was a kid.
                Also, sometimes when I played with my baby, I would act like a ferocious animal, growling and then attacking. I would shake my head, rubbing my face into her shoulder or neck. She would laugh, then yell for Mommy. But I never actually bit my baby, are you nuts? But Carley was only six-years-old, surrounded by a pack of dogs encouraging her to say something, anything bad about me.
                They used what my baby said to say that I was “grooming” her for a future assault. Evidently, child molesters do a thing called grooming, in which they prepare a child to be molested, and their goal was to make me look like a child molester.
                When I heard their “professional”, some dumbass psychiatrist, say that I was grooming my daughter, tears of rage began to run down my face. How dare they stoop so fucking low.
                Chip got their professional to admit that I did nothing out of the ordinary, nothing a normal parent doesn’t do when playing with their kids. Let me show you that real quick.
Criminal Trial
(Court Transcripts Volume 22 of 31 pg. 65)
                Q. Now, you’re talking about when he was on the floor with her playing and wrestling, he was on top of her?
                A. Yes.
                Q. And that during these playing and wrestling he sucked on her arm and nose?
                A. Yes. That’s what I recall.
                Q. And she made the statement that his breath would smell of beer and she wanted him to stop when he did that?
                A. Yes.
                Q. So, she would call out to her mom, “Mom make him stop”?
                A. I believe so, yes.
                Q. You would agree with me, wouldn’t you, Doctor, that that type of activity is just as consistent with normal parents playing with their children?
                A. Yes, it could be.
__________
I’m glad Chip got that straight because I literally wanted to tear that hoe limb from limb. Let’s get back on track.
                Ruiz said she didn’t collect the sheets because my daughter told her I had slept in that bed. How they even got her to say that, I have no idea, but that’s probably one of the reasons they took her that day. They knew they would need an excuse as to why they didn’t even try to collect evidence. They needed her to say I slept in that bed. But this is how you know Ruiz was full of shit: Because whether I slept in that bed or not, they didn’t question my daughter till almost two months after I was accused of this crime.
                Cops don’t wait six or seven weeks before they decide to collect evidence. They begin immediately, that same day, because every second is precious. Ruiz is saying she didn’t do it because of what she heard in an interview that took place a month and a half later? Please, woman.
                Unfortunately, no one picked up on this bullshit. I guess, being in the heat of a trial, things just go over your head.
                Here’s Chip questioning Ruiz about the same subject of evidence the D.A. asked her about.
Criminal Trial
(Court Transcripts Volume 12 of 31 pgs. 29-34)
                Q. Based on your understanding and your experience with DNA are you familiar with the expert’s ability to differentiate between the type of cells that they are testing? For instance, a blood cell versus a skin cell versus a saliva cell?
                A. Yes.
                Q. They can do that, right?
                A. Yes.
                Q. So, under your explanation if – if we tested these undergarments and there were only skin cells of Carlos Coy in the mix what would that tell you?
                A. Well, if there were only skin cells then that was all that was recovered at the time.
                Q. Okay. Now, let’s go to a different question. Let’s say you found some saliva cells in there, what would that tell you?
                A. In the mix of the wash?
                Q. His saliva cells, yeah.
                A. It would tell me that either they were on some garment within that wash.
                Q. Right. Now, you would agree with me, wouldn’t you, Detective Ruiz, that that would be pretty good evidence for these ladies and gentlemen in this case?
                                MS. ONCKEN: Objection, Your Honor, invades the province of the jury.
                                THE COURT: Sustained.
                Q. (By Mr. Lewis) Detective Ruiz, as a detective you want to get all the evidence you can, right?
                A. Yes, sir.
                Q. Okay. Would you agree that if you had that evidence Mr. Coy’s saliva cells within a garment tested of Jane Doe’s, that would be beneficial to your investigation?
                A. Yes, sir.
                Q. But you decided not to do those tests?
                A. Right.
                Q. And it’s you who’s in charge of ordering whether or not those tests are done?
                A. Yes.
                Q. Not the patrol officer, this was your case, right?
                A. Correct.
                Q. Now, I believe if you go a little bit further on this DNA knowledge of yours that you talked about your decision, your judgment call not to recover the bedding?
                A. Right.
                Q. Okay. And I believe if I understand your testimony it was your decision, your judgment call not to do it because you had learned that later that night Carlos slept in the same bed with his daughter, right?
                A. Based on the idea that the Defendant had access to the household for a number of days,
                Q. Okay. Now, let’s go ahead and let’s go back to what I was asking you just a second ago, the differentiation between cells. You knew that it was Jane Doe’s allegation that Mr. Coy had left quite a bit of saliva – slobber on her, right?
                A. Correct.
                Q. Talking about again the ability to differentiate between skin cells and saliva cells, you could have recovered that bedding for a differentiation DNA analysis, correct?
                A. I would think that that would be a stretch.
                Q. Okay. Let’s talk about that stretch. If you had tested the bed and the DNA experts had told you that they had isolated saliva cells of Carlos Coy’s on that bed, would that have been good evidence for your investigation?
                A. I don’t think so - -
                                MS. ONCKEN: Objection, your honor, it calls for speculation on the part of the witness.
                                MR. LEWIS: Investigation, Your Honor.
                                THE COURT: Overruled. You can answer the question.
                A. I don’t think so. I wouldn’t be able to determine if he sneezed, if he wiped his face and wiped the covers.
                Q. (By Mr. Lewis) Well, let’s think about that for a second, Detective Ruiz. You’ve seen – let me show you Defendant’s Exhibit No. 3. Look at that real quick.
                A. (Witness complies.)
                Q. What size bed did that appear to be to you?
                A. Looks like a double bed.
                Q. Assume with me, if you will, and I’ll make this our bed. And let’s put these pillows up here for the orientation.
                Assume with me that Jane was laying in the bed like, you know, we normally would suspect somebody laying in the bed. And if the allegation, as I understand it, this would, you know – so, let’s just say for the purposes of this argument that would be where her body parts that are in concern would be and that would be the area that she says there’s a lot of slobber.
                If you had that bedding and you tested it, the experts could tell you exactly where the stain they tested was, right?
                A. Yes.
                Q. Okay. So, if you got a result back that says there was Carlos Coy’s saliva in this specific area of the bedding that might be something that would be positive to your investigation, true?
                A. Yes.
__________
But, as you know, Ruiz chose not to collect, or even try to collect anything at all. The “slobber” testimony was simply used for it’s shock value, and it worked, but they knew there would be no slobber. They knew if they had tested those garments, those sheets, or even that bed, and found nothing, they wouldn’t have a case against me. That’s why they didn’t do it. Here’s how Chip summed it up in his closing arguments.
Criminal Trial
(Court Transcripts Volume 17 of 31 pg. 77
Chip: But if they don’t get it, if they don’t bring it to you, if they don’t test it, they’ve still got a case.
__________
After Chip basically forces Ruiz to admit that she should’ve tested for evidence, the D.A. asks her some follow up question for damage control.
Criminal Trial
(Court Transcripts Volume 12 of 31 pgs. 47-50)
BY MS. ONCKEN:
                Q. A few more questions, Officer Ruiz
                Officer Ruiz, in regard to this case or other cases in which you have had the concern in regard to gathering any crime scene evidence, have you had an opportunity to speak with any of the experts in the Houston Police Department Crime Lab?
                A. I have received training year after year from Jim Bolding – he’s the Director over the HPD Crime Lab – regarding DNA and evidence collection.
                Q. And have you also spoke with him individually either in person or on the phone?
                A. Numerous times.
                Q. Officer Ruiz, I believe you testified previously that you’ve investigated hundreds of child sexual abuse cases; is that correct?
                A. That’s correct.
                Q. Have you ever had an instance in which there had ever been any type of DNA evidence recovered in any case where there has just been touching a garment?
                A. Never.
                Q. Officer Ruiz, do you, pursuant to your experience and training, once a suspect has learned that the police department is aware of the crime and is investigating, have you ever had any circumstances where – where evidence has been destroyed before the police is able to get to it?
                                MR. LEWIS: Objection, Your Honor.
                A. Numerous times.
                                MR. LEWIS: Objection, Your Honor. Your Honor, can the witness be instructed to stop – she’s very familiar with the procedures when I stand up she knows I’m going to object.
                                MS. ONCKEN: I’m going to object to counsel’s sidebar.
                                MR. LEWIS: That’s the second time.
                                THE COURT: Hello, wait. Make your objection. I’ll rule on it. When he stands up to make an objection, you stop talking. Okay, go ahead.
                                MR. LEWIS: Objection, Your Honor. That – that question assumes facts not in evidence.
                                THE COURT: Overruled.
                Q. (By Ms. Oncken) Officer Ruiz, in regard to the bed clothing at the suspect’s house, you indicated on cross examination that – that you were aware that the Defendant had spent the night in that particular bed at least on the night that the offense occured, later that night after the offense occurred; is that correct?
                A. Correct.
                Q. And had spent the night in bed with his daughter, Carly Coy? (Note: Her name is spelled Carley)
                A. Correct.
                Q. And you don’t know during the night where the defendant was sleeping on the bed, you don’t know if he slobbered, if any of that happened?
                A. That’s correct.
__________
At the time, all this sounded legit to the jury, but I want you to take a close look on how these snakes operate.
D.A.: Have you ever had an instance in which there had ever been any type of DNA evidence recovered in any case where there has just been touching a garment?
                Ruiz: Never.
__________
                Notice, the D.A. didn’t ask about saliva, which is what the evidence would be. She asks about “touching” and Ruiz answers “Never” and they move on.
                Aggravated Sexual Assault is not a “touching” charge. It’s an assault that carries five to ninety-nine years, and that’s the kind of time they wanted me to face. But the only way I could face such time, with them having not a trace of evidence, (their own doctors checked Jane Doe and verified there was no sign of penetration, or of anything at all), would be to say it was an oral sex assault. Ya see, with allegations of oral sex, there wouldn’t need to be any signs of anything, yet I would still face five to ninety-nine, which I received a good chunk of.
                So, again, the D.A.’s question and Ruiz’s answer on “touching a garment” may have been true and accurate, but it wasn’t the evidence Ruiz needed to collect, or try to collect. The evidence was DNA from saliva, not from touching. But the question and answer was done so fast, nobody thought twice about it.
                Then, they move on to the collection of bedding, which they stick to the excuse about my daughter telling them I slept on that bed. If we had only asked Ruiz, “Hold on a minute, you guys didn’t interview Carley Coy until a month and a half after these charges were filed. Are you saying you waited six weeks before you thought about the sheets?” That would have left Ruiz’s mouth wide open.
                Another important fact is that Ruiz said she received her training from a guy named Jim Bolding. I remember that the HPD Crime Lab came under serious investigation for gross negligence and unlawful procedures. They had to close it down, and people were fired. I’m pretty sure Jim Bolding was the director at the time, but Incandesio would know better than me. Hopefully she can shed some light on that.

**Note from Incandesio: There will be more on the appalling legacy of Jim Bolding once SPM’s letter is finished. Much, much more.**
Continued in Part 2.c

27 comments:

Almazan187 said...

Typical government bullshit.

Anonymous said...

don't be foolish almazan187. if you do something wrong or are accused then people will go out of their way to accuse you and will lock you up. you're the typical ignorant Hispanic that thinks all Hispanics are subject to discrimination by whites. you probably weren't around when coy was in the city causing havoc hes in prison for a reason and that reason is because hes a seasoned criminal , he pushed weight across the border and had sex with plenty of underage teens, how do i know ? he had teen nights at his Houston owned club I USED TO ATTEND THEM . you could tell those girls had that young look and he had sex with a 13 yr old and had a child with her , he should be locked up and hes were hes supposed to be for that fact alone no excuses this guys could of been a legend but his legacy is forever tarnished with lies AND a man who is deeply troubled . hey carlos just in case you're reading this because i know incandesio sends the comments. remember how youd show up in court and appear high and intoxicated and had a smirk on your face as if it were a joke. remember when you discriminated against anybody who wasn't hood or was better than you because you are extremely insecure , well now look were you are ...right were you belong buddy.DONT MESS WITH TEXAS

Anonymous said...

Free Carlos Coy! This an obvious railroaded individual. prosecuted on one nasty charge cause they couldn't get him on slingin dope n makin to much money on his microphone!

Incandesio said...

Anon 11:29:

You say he should be in prison because of he Jill Odom case; you do understand that he wasn't even convicted of that, right? The State didn't even bother prosecuting him for that.

You end by telling Coy that he's in prison because...he discriminated against you? Is that a felony now? 1st Degree Hurting My Feelings?

jason antunez said...

Fuck u man ur just another gringo hating on SPM fuck da system Free SPM

Anonymous said...

Plus he never claim to be a saint. " everyone knows I belong in prison". Its about being wrongfully imprisoned and having everything you worked for, and your family taken away for a crime you didn't commit. You saying he was causing havoc I believe he was raising awareness.

Anonymous said...

Los already know who you r anonymous.....

Anonymous said...

Ad hominem much incandesio? Save the personal attacks for some spm fan that probably has the brain the size of a golf ball not you you're better than that incandesio. Coy should of been tried for that case too, go out to a middle school today and just think..let the brain cells flow through that dense head of yours what would it look like for a grown ass 23 yr old man to have intercourse with a young girl like that? Graphic much? Well that's exactly what happened. And to the guy above me .shut up you imbecile you weren't there when spm was blowing up he had every kid telling fuck the police now is that an example? He's smart he uses the idiots of his fans to take his money and live sheltered in ad seg BC in real population he'd get checked by the real heads in prison. Coy you'll always be a pedo no matter what you slept with underaged teens and now your going to pay for it .stop making excuses and face reality you scumbag . have fun these next 33 years punk. I'm out.

Incandesio said...

Anon:
“Ad hominem much incandesio?”
Nope, not even a little bit. An ad hominem is a dismissal of an argument based on an irrelevant personal flaw, such as when you suggested that I have a “dense head”. Or when you suggested that an SPM fan has a “brain the size of a golf ball”. Those are ad hominem attacks, so two points for using a big word but -30 for not understanding what it means.

I asked if you understood the (fairly simple and narrow) scope of my argument for his re-trial, and asked you to clarify your statement that he was in prison because he, apparently, was mean to you. You didn’t address either point. Instead, you stomped your little foot and decreed that he SHOULD have been tried for something he was not, and clumsily appealed to emotion by asking me to imagine what it would look like if a “grown ass 23 year old man to have intercourse with a young girl like that”.

It may be that he should have gone to court for that, but the prosecutors decided that it wasn’t worth their time. Take it up with Harris County, if you like, but don’t expect me to agree that an unjust trial is excusable as long as the convicted has done something, to someone, at some point in the past.

Max Avila said...

Well all I got to say is ;mr carlos coy is putting this out for a reason and thats to get a fair trail...many people will hate u for u for reasons that r put on paper...but theres really only one judge and thsts doisito brother...hope it all goes well and put more stuff on here its good stuff ..glad people are doing stuff out here for u ...free el mexicano carlos coy, el coyote, spm , south park mexican, the king of houston!!!

ELchapoGUZMAN82 said...

Has anybody heard of what R Kelly did and have asked themselves why he's able to walk the streets yet they got shit on the real RAP GOD and he's doin 45 something is wrong. FREE SPM FREE EL CHAPO GUZMAN

Anonymous said...

What's the cost to get him out shit I'll be up in that bitch tonight

Anonymous said...

All I gotta say thanks for keeping up with carlos coy aka spm the king of houston alot of people hate to adm it but honestly thanks for hating with out u there wount be us players look at what u doing wasting your time coming to this wonderfull site that explains details what really happen... and u hate this is coming out to the fans but yet u still keeping track on the time he has done and what he has left but god is good and the thruth soon will cone out .... free spm


Blaze956

Anonymous said...

Haters make the world go round. Obviously this person doesn't care of injustice. This person is selfish and wants to hate people for their own failures. Vendetta is for low self esteem, someone who lacks confidant. Carlos will someday be released for this injustice and when he does, all blessings to him to have everything and more. God is just.

alan contreras said...

Wow , these devils did you dirty, now by reading these transcript it shows that these muthafuckas will do anything to get a conviction and manipulate the jury in order to get a conviction. Chip actually did a good job defending you. You will be free one day fosho.

Anonymous said...

I have a question for Los, and Im sure its probably been asked before but ill ask anyways. Do u think jane doe will ever decide to come forward and tell the truth, that she dosent even know if it was a dream or not? She must be grown now and hopefully in a much better place mentally and I wonder if this all eats her up. When your truly abused you dont go from a slobber to a lick. Trust me..... I just cant beleive still to this day the poor girl is sticking to this illusion. I also wonder do u hate janes parents for their role in all this??
And I just wanna say I really do hope you keep at it and receive a fair trial. Ive been a fan since I was like 8 and anytime I hear ur music it takes me back to the things that were going on around me when I was a youngster so, in a way ur like the sound of my crazy, lost and messy youth and I love u for it. It really sucks to see all the hate towards u and all the judging. Dont mind these internet thugs cuz as much as one hater hates u , theres a fan out there who's love for u is 5 times greater and stronger than that haters hate. I cant wait to hear s.o.n and i hope you release a book soon and pray you receive a new trial. Much love!

Anonymous said...

Fuck y'all who hating on SPM
HE DIDN'T EVEN DO NOTHIN
#FREE #SPM

Anonymous said...

He never went to a middle school. If u got that tidbit from the houston press article its a damn lie , read the actual trial transcripts for facts. Jill didnt say her age nor did she look her age. I remember when I was in the 7th grade MANY girls my age where trying to mess with dudes in their early 20's. They dressed and acted like they were 18 and I know alot of them somehow got into clubs. So its not a far fetched idea that jill kinda deceived carlos. Also, she said she had a boyfriend in the army. So obviously she had a habit of messing with older dudes at the age of 13. 'Los may have been wrong in a way but jill knew what she was doing and thats why she would have him drop her off BEHIND a field from the middle school instead of the actual school. As for the other girls they probably did the same shit as jill and passed themselves off as older. And from reading the transcripts anyone can see why the trial went wrong. Have YOU ever been molested? You dont go from " he slobbered on me for a while" to " it was just a lick" after the predator is convicted. Plus the girl had access to porn and was on meds and already had serious disorders from her PTSD.
At least open your mind to some facts before throwing hate. I know a few years back when i heard about y he was in jail i didnt do my homework on the case and i beleived he really was a pedophole just cuz thats what official record says and i honestly stopped playing his music for a few years and i feel so sorry for doing that.Someone crying "rape" dont make it true. And I must wonder if u know carlos personally or if your connected to jane doe?????

Anonymous said...

Does spm know wat hapoen to tracy morgan

Anonymous said...

No we all know that when a judge sees a rich Hispanic and black person being accused of what ever crime. They don't even care they are there to make an example out of them. The fact they don't get evidence, they made an example of the only Mexican that was out there speaking about the capitalist system and how our people have to be exploited by it and he told the youth how we can exploit the capitalist. So you sit yo ass down and take a dick from your Texas redneck you adore.

Anonymous said...

Lmfao. I wana c carlos' face if sum 1 ask him this

Anonymous said...

Piece of shit scumbag deserves to die. Theres no love, no sympathy for cho.mos. Burn in hell fagget

Incandesio said...

Anon 11:28,
I can't tell you how much I appreciate your thoughtful and reasoned commentary. Thanks for reading!

Jav Trujillo said...

Free SP Mex Much love to incandesio for this page!! We always bumpin dope house in Denver FREE SPM

Anonymous said...

Free Spm<3
What's going to happen on October 5th I would like to know?

Anonymous said...

I kno u dont even kno tha homie,but u sit back talkin like u got shit figured out.If they couldnt raise evidence how do u figure he did it? u mus b one uh them ppl that ain never been in tha system n ain been n no trouble.I been fucked by tha system many fuckin tymes,n lemme tell u sum...its ez ta sit n tha suburbs,n ya parents house n talk shit when u never caught a case in ya life.When it come ta sex crimes,Texas dont need evidence.Do ya mothafuckin homework b4 u talk shit.U obviously ain been n tha hood,cuz lil safe ass,punk made,online gangstas get fucked up in person.Real talk...grow tha fuck up n learn sum b4 talkin,n if u still got sum ta say...bring it down ta Sunnyside n face it.

Junekillum520 said...

U sheep need to wake up the system is corrupt they were waiting for an opening when it showed they tore it apart we all know spm was set up he was in my opinion the last real rap don and he was chicano. many people ploted hes take down..if spm was still on da streets we would have none of this swaggott shit we see & hear today..keep it real do yohr own research ....