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Wednesday, July 2, 2014

Thoughts and Questions

I have been thinking a lot about SPM’s assertion in his last letter, that because of the height of the bed in question the crime he was convicted of would have been physically impossible to commit. Not so much the mechanics of the situation, as without an accurate measurement it would be impossible to verify the claim; but about whether or not having something like that, some sort of concrete proof of his innocence, would be enough to get him a new trial.

In Herrera V Collins (1993), the Supreme Court ruled that, as long as all the justice system’s duck were in a row, that every ‘i’ was dotted and every ‘t’ was crossed, being factually innocent wasn’t enough to overturn a death sentence.

It looks like this was revised in 2013, when they decided that "actual innocence ... serves as a gateway through which a petitioner may pass"; that’s mighty nice of them. However, the burden of proof is very high. If Coy could prove that he was physically incapable of committing this assault, it might be enough.

            Another question, though, is why it was not brought up at trial. The defense presumably had access to both the bed and a tape measure, and this point should have been introduced at trial. Would the appeals court decide that, because the defense had access to a potential proof of innocence but didn’t bring it up during trial, they forfeited the right to use it? It’s possible.

            A final question, which would not be considered by the Supreme Court, is how the fuck did we wind up with a series of laws so convoluted that we can even entertain the thought that an innocent person may be permitted to die in prison because they received a technically perfect trial?





13 comments:

Angela NiƱo said...

The photograph of the bed was a wow for me. No one has seen that before. The key has been in the transcripts all along. This brings much more hope that any other time.

Joseph Johnson said...

Look at where SPM got convicted, in Texas! Texas is the worst state to get convicted they are too hard on crime

Anonymous said...

I agree. This bed thing is a big wow. Another flaw in the jane doe story. This is going to be very interesting if a retrial does happen. I would love to know what jane doe has to say about this bed thing.

Anonymous said...

SPM and Dopehouse I hold in high regards in the likeness of Rap A Lot Swisha House S.U.C. or even other Latin legends like Terror Squad or Cypress Hill in saying that Incandensio I ask this....


How long are you going to keep up with this??? It's heartbreaking because I see the validity in this ONE case with the family washing the clothes with possible DNA, the recent bed angle thing, story changing on specifics for criminal/civil, the dream thing. BUT THERE WERE 7 or so others, so even if he didn't commit the crime on this ONE. There's no way all those other teenage girls were lying about statutory relations. Therefore even if he's innocent I'm still dissapointed in him for all the others.

Trina Moreno said...

yes this information is helpful it just show how dumb nd lazy they are nd how quite they are to put an innocent man in jail nd how heartless they could be i still strongly beleive that hes innocent nd i do hope one day he does get release nd i strongly hope nd wish that he does get a reteail so that he can be reunited with his famliy

Incandesio said...

Anon 9:50:

I'll keep up with this until it's done; as for the multiple witnesses against him, I talked about that a bit here, you may find it interesting: http://www.spmaftermath.com/2011/11/south-park-monster-part-4.html

The question that I believe you should as yourself is, If there's truly "no way" that the other girls were lying, why was Coy not indicted for any of them? If those cases were stronger than the one for which he was convicted, why didn't prosecutors bother to bring a single one to trial?

Anonymous said...

The ONE case was the lock him up forever and throw away the key case thats all they needed to dead that man's freedom. All those cases and other testimonies will come up if he ever gets an appeal granted. I hope that you are right and I'm wrong though. That's admirable you are spearheading this process.

At a recent Chingo/Dopehouse show I saw here in Austin 300 + Mexicans (including myself) sang SPM lyrics with Low G like he was still free and never got locked up. His music will always get love from alot of us in here in TX

Incandesio said...

Anon 12:24

Thanks for the kind words; seeing how weak Jane Doe's case was, I suspect that the cases they didn't try must have been even weaker. You may be right, and they may come up if this case is ever over-turned. If that happens, hopefully justice will be served.

Anonymous said...

If all those other girls' stories were in fact true, then I agree it is a bit of a dissapointment . But we have to remember that a 9 year old child was able to get up on a stand and lie. Who knows if any of those others lied too. Or its also possible they were groupies who were passing off as older girls ( I've seen alot of little teen girls passing off as 18 ) was Los supposed to check everyone's ID b4 he smashed them? Im sure all this will come up again if he does get a retrial but I dont think these girls' stories solidify jane and mary doe's lies. But yeah I agree it would be real dissapointing if they weren't lying.
Its good to hear how he still gets so much love down there. Up here in the Chi we have alot of love for Los too

jose said...

has he posted the girls testimony? the girls testimony is prolly the most important part of the trial. we need to see everything.

ziNizter zix zix zix said...

Ay I had two questions
1st whats spm's penitentiary address and doc # I want to write him
2nd can yall snd me sum mailing stamps I am going to mail tbe d.a.'s office and ask for a review on spm's case and to get a new trail thnx n much love n respect
-zinizter

Anonymous said...

Where did i see the photo of the bed?

Incandesio said...

Anon 6:05, that would be http://www.spmaftermath.com/2014/06/the-never-ending-letter-part-2c.html

Zinizter, he's currently at Pack Unit, inmate #1110642.