Supporters Of Three Strikes Reform Vow To Continue The Fight [Archive]

Kathy

11-09-2004, 04:07 PM

PRESS RELEASE
CONTACT: MATT GRAY, 916-444-5551

SUPPORTERS OF THREE STRIKES REFORM
VOW TO CONTINUE THE FIGHT

One week after the narrow defeat of Proposition 66, supporters of reforming California's unjust "three strikes" law vow to continue their fight.

"The result of the election is tragic, especially since the voters against Prop. 66 were swayed by outright misleading statements by the Governor and others about the numbers of people who would be released from prison," said Senator John Vasconcellos (D-Santa Clara). "Once again the prison industrial complex rides high, wastes money, and does little to improve public safety. We will continue to fight to reform our awful Three Strikes Law in smart ways which profoundly reform prisons so our Department of Corrections can live up to it's name."

"It is clear that 4.5 million Californians want sweeping changes to the three strikes law, and we will honor their wishes and keep fighting in their behalf," said Lenor Nunez, Treasurer of Fix Three Strikes / Yes on 66 committee.

"The Governor was clearly on the wrong side of the issue here and seems to recognize he has alienated 4.5 million voters, misled the rest of them, and now looks like just another of the guards' union sellout Governors," says Matt Gray, Director of the Voters Corrections Reform Coalition. "The fact that the courts had to step in to tell the opposition to ‘stop citing such misleading figures' should have been an early indication that he had gone too far. But that lesson was lost as the opposition's campaign ended up being a shameless showing of just how far empty fear based manipulation can go at the polls."

Supporters of three strikes reform are urged to stay involved. For more information on how to be part of this effort, call 916-290-1871, and leave a message with your contact information, or write to Fix Three Strikes, P.O. Box 163330, Sacramento CA 95816

elainewang

11-09-2004, 09:42 PM

Hi, I just came back today from my son in law's sentence hearing. He is a third strike defense and the judge sentenced him today for 45 years to life. I feel very mad and sad. I beleive my son in law is innocent but the judge and D.A are so mean. They closed their eyes to sentence him. I attached an article which was written by a chinese reporter about my son in law's case on Nov 02,2004. Please let me have any opinion.

A Three-Strikes-Law Story

The Alhambra Supreme Court jury convicted 29-year-old Mr. Hon Keung Tse of robbery with weapon on August 11, 2003. According to the California “Law of Three Strikes”, the convicted would face a 25 to life sentence. The defendant attorney requested the judge to review the material evidence the police provided. The judge agreed to reconsider the request next Tuesday.

It is Elaine Wang, Hon Keung's mother-in-law, who has been uttering disagreeable voice behind the case. Elaine will work as a volunteer at one of the polling sites in Alhambra, and she will also vote for Proposition 66, expecting a moderation in the Three Strike Law. In her believe, her son-in-law did not commit the crime he was convicted of, and, moreover, the Law is too cruel for many who have been convicted by the Law.

Guilt Admitting Results in a Three Strikes Case

Hon Keung Tse came to the United States from Hong Kong with his parents at one year old. He used to live in Chinatown, Los Angeles. His father was a chef in a Chinese restaurant, and his mother was a worker in a sewing factory. One day in 1993, Elaine recalled, a bunch of school boys allegedly robbed a lady driving a car in Chinatown and then fled. When a police officer brought then 16-year-old Hon Keung to the victim, the lady told the police officer that Hon Keung assembled one of the Chinatown bandits who had robbed her. Following someone’s suggestion, Hon Keung pleaded guilty for a 5-year probation.

Then Hon Keung transferred to San Gabriel High School. At 17, he and his Mexican schoolmates all fell in love with a Chinese girl in their class (the girl is now Hon Keung’s wife, and they have two children), and had trouble in their triangle relationship. In a parking lot at school, the Mexican boy allegedly beat Hon Keung with a baseball bat, and the angered Hon Keung went to Chinatown, and borrowed a handgun, and brought it back to school to

demonstrate to his rival. On sensing a risk for his life, the Mexican boy told the school

administration about the fight with Hon Keung and the gun he saw. The school officials immediately notified the police, and Hon Keung was in custody soon afterwards. Hon Keung would have stayed in prison for a year, but he again followed somebody’s advice and admitted that he was guilty. He actually stayed in prison for only three months.

Early last year, the cousin of Hon Keung’s wife, Chen, identified Hon Keung as the robber who had robbed his home with a gun. The police stated that they found a handgun and a sweater at Hon Keung’s wardrobe, which was reportedly the one the robber was wearing at the crime scene. Then Hon Keung was convicted, facing a Three Strike Law punishment.

Dispute over the Material Evidence

On 28th of January, 2003, a robbery in Monterey Park City changed Hon Keung’s life. Elaine recalled that the victims are her sister’s son, Chen, and his family. Chen, his female “partner” and their children have been living on social welfare, but they claimed to have been robbed of some 10 thousand dollars’ worth property, including some multi-thousand dollars’ worth diamond rings. Elaine said the plaintiff identified Hon Keung as the criminal at court, stating that through the hooded sweater the robber was wearing the robber looked very much like Hon Keung. Elaine also recalled that just before the robbery took place, Chen attempted to borrow money from the Tses but was refused. The Tses had just sold their Rowland Hights property and made a fortune.

Elaine even indicated with a written proof from Vietnam that Chen was once in custody in Vietnam for an alleged conspiracy to import people from a third country into Tan Son Nhat airport, Vietnam. And the written proof bore the signature of Deputy Bureau Chief Nguyen Van Sat) of First District, Ho Chi Minh City, Vietnam.

When the police went to Hon Keung’s home to search for evidence, they found a hooded sweater, which the victim alleged that the robber was wearing at the crime scene, and a handgun with ammunition. Elaine believes that the police arrested Hon Keung based on the

evidence, and that the jury convicted Hon Keung also based on the evidence.

Elaine felt upset with the conviction. So she hired a private detective to review the evidence, who had played a role in the O.J. Simpson’s investigation. The detective, Bill Pavelic, said in an interview that the hooded sweater the prosecutor demonstrated at court was not the same sweater the police seized as evidence at Hon Keung’s wardrobe. The striking difference according to the detective is the one as evidence has an emblem, and the one the police took away from Hon Keung’s home does not have the emblem.

The detective said he went to court to examine the sweater in question in person. Bill later recalled in an interview that he saw the sweater in storage. It was kept in a torn paper sack, and he found both long blond hair and short grey hair on the sweater. He then suggested Elaine to request the court for a DNA test. Bill also said that the police did not send the crime scene evidence to an accredited laboratory for a finger print test. Instead, the police sent the evidence to a private laboratory which was run by a bunch of retired police officers. Bill concluded that the credibility of the finger print test as material evidence is discountable.

Negative Impact of the Three Strike Law

Bill Pavelic, a retired detective from the Los Angeles Police Department, has been dealing with numerous criminal cases, but he firmly supports Proposition 66. He believes that if the Three Strikes Law exists, the law enforcement officers would easily fall into the profile that all suspects with a previous criminal record are incorrigible criminals. And Hon Keung’s case is no exception.