A prosecutorial manipulation sign now

A Prosecutorial Manipulation

United Stated is a country that most people around the world admire. People believe once they get here they will posses a constitutional right. The fact is every year hundreds of people in America are convicted for a crime they did not commit.

My name is Elaine Wang, the defendants mother in law. I am also the aunt of the alleged victim. The story which I am writing here is a real scandal which includes police falsifying evidence, stealing property during a search and also prosecutorial manipulation of evidence. However, the defendant in this case has been convicted and sentenced under the Three Strikes law for 45 years to life on a crime he did not committed. The judicial system in America has become a joke.

The victim, Tran Ngoc Cuong, is the oldest child of my second sister. He is married to Amy Pham Van Trinh and they have three children. The couple decided not to register their marriage so that Amy could apply for welfare with their children. She used her parents address and declared that her boyfriend ran away. When they got the second daughter, Cuong later became naturalized US Citizen .In order to hide their welfare fraud, he changed his name from Tran Ngoc Cuong to Thompson Chan so that is was more difficult to track the name of the father listed on the birth certificates of the children. Since he still considered single that time, he went to Guang Chou, China and processed a fake marriage and was compensated for US$30,0000. In 1999, the victim now know as Thompson Chan went back to Vietnam. He helped the father of the woman he is falsely married to, obtained a fake Vietnamese passport to enter the United States as this man has embezzled money from the bank where he worked and ran to Vietnam . Thompson Chan was arrested by the Vietnamese FBI. He spent 6 months in jail and was deported back to the United States. He then moved his family to Ohio where Amy Trinh worked in a nail salon while she still received welfare from California. Chan could not obtain a job there. On June 2002, they moved back to California and stayed with Amy Trinh s parents for 2 months. Due to the problems at home, they decided to move out. He requested that I could help him find a house to buy .He found a property which he was interested but he did not have enough money for the down payment. During that time, my daughter Rosie and her husband Hon Tse, just sold their house. Chan was aware that my son in law and my daughter profited from this sale and asked to borrow money. Rosie denied the request stating that the money would be given back to Hons father. Chan was upset and had no choice but rent an apartment where his grandmother (my mother) live.

On January 28,2003 at 3.30PM, I brought my two grand children to my mothers house and had her watch them. The children played with Chans children since they all lived in the same apartment. My son in law, Hon Tse, picked up his children between 5.00PM to 6.00 PM. that evening. At approximately 8.30PM, Chan s apartment was allegedly robbed. My mother, who lived downstairs from him, was standing outside her apartment at that time and saw the two assailants come down the stairs and leave. Five minutes later, Chan came down the stairs and stated that he had just been robbed. My mom advised him to call 911 and report this alleged robbery. She then called me to let me know what happened. My husband and I had just arrived home and were eating the dinner, which my daughter and her husband, Hon Tse had bought. I learned from my daughter Rosie that Hon had an upset stomach after eating the food. I had gone to his room to check on him and saw him lying in bed. On Feb 5,2003 at 7.40AM,Monterey Park Police Department Detective Chan came to my home. At first, he watched Hon take the children to school. Detective Chan followed them and pulled out his weapon and pointed it at Hon and his children while they were getting out of the car. The detective was not in uniform, and did not drive the police car, so Hon was not aware that he was an officer. The detective never identified himself. Fearing for his life and his children, Hon put the children back in the car and drove back home. Hon came through the back door and told me that he was afraid someone was trying to kidnap the children. We were just about to call the police when we saw two police cars arrive outside. I opened the front door and steeped out onto the porch with Hon right behind me. Detective Chan, stood on the right side of our lawn and jumped at Hon. He tackled him down and hand cuffed him. I yelled out: You can not do that .He answered: Yes, I can. I am the police. I answered: Even if you are the police, you should have a reason. Another police officer, named Detective Keith Bacon, advised me to calm down and that Detective Chan will let me know what was going on. After Detective Chan put my son in law in the police car, he came back and told me that he believed Hon was the one who robbed my nephews apartment on Jan 28,2003. I told him that was not possible Hon was home that night. The detective then said my nephew had showed him a photo, which was taken with Hon and Rosie at their wedding and pointed out to him that Hon is the suspect. I then asked him if my mother who is witness to the alleged robbery knew about this accusation. The detective said no because they never interviewed her. He then searched my daughter s and the childrens rooms. He took a blue sweatshirt belonging to Hon along with other properties. After the detective and policemen left, I went to my mothers house and told her what happened. She called Chan down and asked him about the situation. Chan said he never told the detective Hon was the assailant. My mother accused Chan of attacking Hon because Hon and his father have more money than he did. Chan got upset and left. Later that day, my daughter was reviewing what was taken from their room, noticed that Hon s wedding ring was missing .It was not listed on the property report as being seized by the police.

The night before Hons preliminary hearing, Feb 23,2003 I received a call from my mother. She told me that Thompson Chan and his mother (my sister) has requested that she contact us and have us pay Chan in order for him not go to the court on Feb 24,2003 to testify. We immediately contacted our attorney for advice but he was not available. Of course, we denied his black mail. The next morning, Feb 24,2003, we attended the preliminary hearing and requested Hons attorney to ask Detective Chan about the ring. Our attorney came back and told us that the detective stated he did not take the ring and if we filed a complaint about it, he would cause more problems for Hon. During the hearing, Chan pointed the finger at Hon and said he was the assailant. Hon burst into tears. The judge ordered him to remain in custody for trial. On Feb 25,2003 the day after the preliminary hearing, Chan felt guilty about what he had done and contacted his aunt in Texas. My sister then called and talked to my another sister, who lives in France. Both of them told him to contact me. Chan called my cell phone and told me that during the identification of the sweatshirt at the police station, he was shown several sweatshirts. He was advised to select the one that he believed the suspect was wearing. Detective Chan told him that he never listed the brand name of the sweatshirt on the property list so it did not matter which one he choose. I reported this to Hons attorney. On May 2003, Hons attorney finally got permission to view the property taken from my daughters room. He videotaped the property and showed it to us. We immediately realized that the sweatshirt they currently have as evidence was not the one they removed from our house. My husband who signed the property list and viewed it when it was seized, states that it was not the one he signed for. Because of this, I first contacted Mr. David Barron, who is Monterey Park City Council. Mr. Barron helped me to ask Captain Moy give me a call. At that time, I verbally filed a complaint with Captain Moy on May 05,2003 but I did not complete the complaint and begin an investigation because Hons previous attorney advised me to wait for further background check on Detective Chan. The case went to the trial from July 28 to Aug 14,2003. The jurors did not know the facts behind the case, and they were only shown by Detective Chan during he testimony, the photo of the sweatshirt which he first photographed at my house but missing the left side so no emblem could detected. My daughter also testified that detective Chan stole Hons ring but she did not have proof. The jurors then convicted my son in law.

I believe this trial is a SHAM OF TRIAL. First, there were no physical evidence to support the verdict.

Thompson Chan testified that he was certain that my son in law was one of the two men who invaded their home although the assailants had their head and face covered leaving only the eyes and part of the forehead exposed. He supposedly recognized the voice of the suspect during the robbery, but his 10 year old daughter told the police that the suspect never spoke at all. He also told the police that he had lost several pieces of jewelry and cellular phone but none of these properties were found at defendant house. Secondly, the prosecutor knew that Detective Chan obtained dozens of photographs during the execution of the search warrant and that the photographs were concealed and suppressed from the defense in order to manufacture and plant evidence against Hon Tse. The prosecutor failed to disclose it to defense trial counsel. Third, the police detective tampered with evidence. During the testimony at the trial, my daughter attempted to inform the jury that her husband ring was stolen. Her testimony was abruptly objected and the Jury was never informed of Detective Chan misconduct of tampering evidence and stole Hon Tses ring. Currently there is an outgoing investigation from Internal Affairs on this entire case. The final report was submitted from Investigation Bureau to Monterey Park Police Department on Jan 09, 2007. The said Police Department obtained the report but now blamed that they need to review and failed to reveal it to my son in laws attorney.

I also believe that equality under the law is one of the foundation stones of the bourgeois concept of democracy. The law is presented as a neutral force, affecting everyone equally, regardless of her/his place in society and moreover as originating ultimately in the will of the people because it is legislated by their chosen representatives .In this case my son in law was framed and the police switched the sweatshirt evidence in order for the defendant been guilty for robbery and be sentenced under California Three Strikes Law. We know that from LA to Philadelphia, crime and corruption among the police forces is accelerating .A major scandal broke out accusing the police of falsifying evidence, making false arrests and stealing tens of thousands of dollars of drug and prostitution money. 92\% of the time the prosecutors declined to prosecutes the accused officers. There is a giant problem with our court system and also causing that all the prisons in California currently overcrowded.

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