THE PEOPLE REST
• LEEMIE READS JOE CHEN’S STATEMENT.
• LEEMIE COMPLETES THE PEOPLE’S CASE AGAINST JOE CHEN.
• GLENN REVEALS THE NAMES OF THE WITNESSES FOR THE DEFENSE.
• WILL JOE CHEN TESTIFY?
TIME: TUESDAY. APRIL 28. 1998; 9:35 A.M.
PLACE: JUDGE FRIED’S COURTROOM
Glenn sits in the empty jury box reviewing his notes. Last night he worked late, interviewing his mystery witness. Because this man does not speak English, a court-appointed interpreter worked with them. Feeling sorry for the interpreter, who worked so long and so hard, Glenn invited him out to dinner. At ten-thirty P.M., just after they left the office, Glenn’s wife called. When there was no answer, and he didn’t return home, she became worried. “She thought I’d been kidnapped,” Glenn says, chuckling.
Leemie arrives, pushing a cart that is piled high with files that relate to the case. She places a few folders on the prosecutor’s table and sits down to write. The lawyers no longer say good morning to each other. Guards escort Joe Chen to the defense table, Glenn joins him, the judge arrives, and the members of the jury enter and take their assigned seats.
MIRANDA RIGHTS:
1. You have the right to remain silent and to refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police or me and to have an attorney present during any questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be provided for you without cost. Do you understand?
5. If you do not have an attorney available, you have the right to remain silent until you have an opportunity to consult with one. Do you understand?
6. Now that I have advised you of your rights, are you willing to answer questions?
Leemie says, “At this time the People call Detective Robert Sassok, Shield #3031, Major Case Squad, Asian Crime Team.” The detective is on the witness stand to testify about when Joe Chen gave Leemie and other law enforcement officials a statement about the kidnappings. It was Detective Sassok who escorted Joe Chen from pretrial detention to Leemie’s office in the district attorney’s building. Leemie’s supervisor, Carla Freedman, and a translator were also present at this meeting. They sat in a circle, with Joe Chen handcuffed to his chair. After Leemie read Joe Chen his Miranda rights, he answered questions and talked about his knowledge of the kidnappings. This is the second time Joe Chen talked to law officials about the kidnapping. His first statement—which had been an issue at a pretrial hearing and will be described later in this book—cannot be read to the jury.
Leemie reads the second statement to the jury.
JOE CHEN’S STATEMENT
TIME: JULY 2. 1997; 6:50 P.M.
PLACE: THE DISTRICT ATTORNEY’S OFFICE
I lived in a basement apartment on Rivington Street. Luke Chen [Cow Eyes], Sonny Chen, and Jane Ding had a conversation concerning a man who was smuggled into the country. He had money. Jane Ding was told to bring the man back to the apartment. The man was brought to the apartment. I only saw his back. I was in the room in the back when he was brought in. I saw they pushed him inside a room when the man was brought into the apartment.
After the man was in the apartment, I was in the apartment for a half an hour. Four days later I came back because I rented the place. In the apartment was my brother, Luke, Jane, and Johnny Ding’s girlfriend. I did not see the man. I was talking to them about the apartment because the apartment and phone were in my name. I saw them talking about how to get the money from the man’s family in China. At the time I saw Johnny Ding bring another man out to use the rest room. It was not the same man from four days ago. Johnny Ding brought the second man from the same room that the first man was put in. The second man was blindfolded with a piece of cloth. He was not handcuffed. I did not know what they were doing at the time. My concern was the apartment. I was in the apartment a half an hour.
Three days later my brother called. They moved things out of the apartment: pots, pans, things like that. Later I learned they moved to Eldridge Street. My brother said he had kidnapped two people, taking their money, and let the two people go.
I went to the landlord. I still had one month deposit. I could not find the landlord so I gave up. I had moved out everything. I did not go back to the apartment.
I spoke to my brother two or three months later. He said nothing about the man in the apartment. Luke said nothing. We were both busy.
Johnny Ding, I saw in the street. I had met Johnny Ding two or three times before this. We are from the same village. We went to a restaurant, and we had a drink. We got drunk and we had karaoke. I wanted to sing and he wanted to sing, and we had an argument. I have not spoken to him since. I passed him on the street, we did not speak.
My brother is in jail. Sometimes I talk to him, sometimes I send him money. Jane Ding is in jail. No one lived in Rivington Street after I got moved out.
Not present when the two men were let go. I am not sure if my brother was there, but he said they were let go.
I read in newspaper, and I was told, that Johnny Ding is in jail. People are talking about it. I was not lying. I am telling the truth. Between us, Johnny Ding and me have—we have bad blood, and he will accuse me.
I didn’t do this. What can I say? Why did they say this? Well, they accused me of something I did not do. I did not lie to you. This thing has nothing to do with me. I only saw them. I had already moved out.
When the detective asked Joe Chen why he did not call the police, he said, “He’s my brother. If I called the police, he would be in trouble. I was scared because the apartment and phone was under my name.”
The detective asked him where he worked. Joe Chen said that he worked with his cousin, but he never described the kind of work he did. He did, however, add that his girlfriend worked in a barbershop. “She works all day and comes home at eleven P.M., except for her day off.”
“I know you paid people for this kidnapping,” Detective Sassok says to Joe Chen.
“This is impossible.”
“I know you paid Johnny Ding for bringing the man from Baltimore.”
“Nonsense. It is a false accusation.”
“Did you owe money to the people?” the detective asked, referring to his original smuggling fee.
“I owe money to the snake heads. My brother owes money. My cousin also owes money. I am telling the truth, but I do not know if you will believe me. This case has nothing to do with me. What difference does it make?”
Joe Chen’s statement goes on to detail what went on in the apartment: the phone calls to China, the yelling, the screaming, the beatings. “Johnny Ding was demanding $8,000 from the second man. I know they did collect. This is common sense; otherwise, why did they let them go? Johnny Ding, not my brother, planned it. They shared the money, Johnny Ding and my brother.”
End of statement read by Detective Sassok.
21:20 hours [9:20 P.M.], July 2, 1997.
Signed by the detective and the defendant.
The time has come for Leemie to question her last witness, an investigator for Bell Atlantic. He confirms that calls were made from a telephone assigned to Joe Chen to the victims’ families in China. During the cross-examination, Glenn demonstrates that there is no way of knowing who actually made the calls or who actually paid the phone bill. But as far as Leemie is concerned, the telephone records, Joe Chen’s statement, and Echo’s eyewitness account add up to plenty of corroborating evidence to convict Joe Chen. She says that she is particularly happy with Echo’s testimony because she is not an informant and was able to positively identify the defendant.
Judge Fried asks the prosecutor, “Do the People have anything further?”
“Nothing.”
“The People rest at this point?”
One would expect that “the People rest” is a dramatic moment in the trial. Not at all. Leemie simply replies, “Yes, judge.”
Judge Fried says to the jurors. “We are going to need some time, ladies and gentlemen. The People have rested. That completes the presentation of their case.”
* * *
“I didn’t feel anything as much as tired,” Leemie says after the trial. “It’s not a great sense of relief because I still have the summation, which is really, really hard to prepare. Logistically my part is over, but at the same time, I want to keep my adrenaline going until I get a verdict.”
Leemie will not live a normal life until the verdict is in. She continues to spend her nights reading the trial’s transcripts, reviewing notes, and, most important, working on her summation. “Basically, when you are on trial, you are totally obsessed and absorbed,” she explains. “Your whole life is the trial. You go to sleep thinking about the trial and you wake up thinking about the trial.”
In the remaining days some lawyers from the district attorney’s office and support staff from the Asian Gang Squad drop by the courtroom to watch the proceedings. The two detectives, Dave Chan and Hayman Goon, linger in the back hall. Because they can still be re-called as witnesses, they cannot watch the proceedings. “What happened in there? What’s going on?” they ask when observers leave the courtroom.
Mr. Wang, the first victim, frequently telephones both Leemie and the detectives to learn how the trial is proceeding. Mr. Li, the second victim, does not call. He wants nothing more to do with the incident he described as an “experience I will always remember.”
As expected, Glenn petitions the court to dismiss the case. And as expected, the judge denies the motion. But there are still issues to take care of before the defense opens its case, especially if Joe Chen chooses to testify on his own behalf.
SANDOVAL RULE
Glenn says, “As Joe Chen’s legal strategist, I can advise him against testifying, but I can’t stop him. If he tells me, ‘I want to testify, I gotta tell my story,’ I must have the Sandoval ruling in place as advance protection.”
SANDOVAL RULE:
Generally, if a defendant chooses to testify, he is entitled to an advance ruling about what prior bad acts, or prior crimes, the prosecution will be able to pursue during cross-examination.
This rule applies only to the defendant, not to witnesses.
Glenn knows that his client has been accused of other crimes that will make him look bad to the jury. He wants to be sure that they don’t come out. If they did, and he is asked about them, Joe Chen would have to plead the Fifth Amendment. “These are open cases that my client could eventually be charged with,” Glenn later explains. “I took the position that any uncharged crimes should not be used during Leemie’s cross-examination. If he did not plead the Fifth, he would be opening himself up to more prosecution.”
* * *
Leemie asks about Glenn’s witness list. The defense lawyer will first call Detective Hayman Goon to the stand.
“For what purpose?” asks the prosecutor coldly.
“Am I required to disclose that?” Glenn looks up at the judge.
“I think you should give a general statement,” Judge Fried replies.
THE FIFTH AMENDMENT TO THE U.S. CONSTITUTION:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall he be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
“He was involved in the arrest from the beginning. He is actually the police officer from the Major Case Squad who has had more involvement in the investigation than anybody else. There are some questions that I need to ask about his initial dealings with the complainants and other aspects of the investigation.”
Judge Fried agrees that he is an appropriate witness. “Who else do you have?”
“At this point, Your Honor, there is a witness—I don’t want to disclose the name yet because I have to meet with him again over the lunch break.”
“And what is the offer of proof?” Leemie charges.
Glenn will not disclose that either, not until the witness takes the stand. Unlike the prosecutor, the defense need not reveal testimony ahead of time. Because the defense does not have the many resources of the state, there is no worry that it will abuse its powers.
“Next,” says Judge Fried quickly. He does not want more bickering.
Suzy Ling is the defendant’s girlfriend. She will be a witness for the defense. “I believe Ms. Kahng already has her date of birth, her rap sheet, and as much information as she needs about her.”
If Suzy Ling testifies, Leemie wants to ask her questions about a time when Joe Chen assaulted her. When Suzy reported the incident to the police, Joe Chen was arrested. But because of their relationship, she would not testify against him in court, and the case was dropped. Clearly Glenn does not want the jury to know that Joe Chen beat up his girlfriend. The lawyers argue yet again. Leemie stands ramrod straight, facing the judge, while Glenn paces back and forth.
They debate. They contest. Their arguments seem to go on forever. The judge has heard enough. He leans forward, glaring down at the lawyers. It’s a look that stops everyone dead. The judge sits back and says, “If Ms. Ling testifies, I will permit the assistant [Leemie] to ask if Joe Chen hit Ms. Ling. I will permit this simple question: ‘In April of 1997, did you file a complaint against the defendant with the police, and then drop that complaint and not appear?’ If the answer to that question is yes, that will end it. If she answers no, then before you ask her any further questions, come to the side.”
“Okay,” says Leemie.
The judge looks to the glum defense attorney. “If this question is asked, do you want me to give an instruction to the jury that this particular testimony is not to be considered as relevant to the guilt or nonguilt of the defendant, but simply to the credibility of the witness?”
“Yes,” says Glenn, “but not until the end of the testimony.” He doesn’t want this damning testimony to be dramatized any more than it already will be.
Next.
Even before the trial began, Glenn talked with Joe about his right to testify on his own behalf. Joe did not want to testify. Now that the prosecutor’s case is revealed, Glenn asks for time to revisit Joe’s decision.
The lawyer and the defendant huddle at the defense table. This is Joe’s last chance to decide whether or not to testify. If he testifies, he opens himself up to Leemie’s questions about other crimes, such as his assault on his girlfriend. If he does not testify, the jury won’t hear his account of the kidnapping.
* * *
The courtroom becomes eerily quiet. Only soft whispers from the defense table and the sound of pages turning break the stillness. Leemie reviews her notes. Judge Fried thumbs through the latest issue of The New York Law Journal. Every once in a while he looks up to see if Glenn is ready.
Glenn, Joe, and his interpreter continue whispering. The jury waits in the hallway. The guards shuffle their feet.
Finally Glenn signals the judge that they are ready. Joe Chen has reached a decision.
No, he will not testify.
* * *
At the end of the day Joe Chen prepares to be escorted back to his cell. He knows the routine well. Passively he places his hands behind his back for the guards to handcuff him. Glenn pats his shoulder affectionately and tucks a yellow legal pad under his arm. On the pad are the many issues that could come up if Joe Chen decided to testify.
Returning to the cluttered defense table, Glenn begins packing his briefcase. He looks at Joe’s now empty chair and says to no one in particular, “It’s tough being a defense lawyer.”