David's Murder Charge Is Dismissed And The Criminal Case Is Completely Closed

Included below:
- Overview of the 12/21/04 dismissal
- A statement from prison written by David Wong
- Report from the 12/10/04 press conference on the DA's motion to drop the charge
- A statement by Fei Yeung, David Wong's niece
- A photograph from the 12/10/04 press conference

Overview Of The Dismissal Of The Criminal Case

In a decision released on December 21, 2004, Judge Giardino dismissed the murder charge and closed the case against David Wong noting that the defense indicated and the prosecutor seemed to agree that if a retrial had taken place, the jury would have acquitted David Wong. The criminal case that the David Wong Support Committee has focused on since 1990 is now over. DWSC prevailed and won a complete dismissal of David's wrongful conviction! But now we must fight David's potential deportation. The campaign to stop the deportation is in full gear. David's many supporters are ready to act. Please volunteer, come to a meeting, or email us. Please sign the online petition on immigration issues that we will publicize very soon!

Shortly, we will post an online petition on the immigration issues on this web site.. Tonight, David Wong's immediate status is unclear. He is probably being held in Plattsburgh, New York and could be taken away at any moment by immigration officials to an immigration detention facility. We will post updates on David's status and location as soon as we can. Please join us to help stop David's deportation!!


Statement By David Wong From Prison On The Dismissal

[Editor's Note: David Wong is being given very little access to the outside world. Therefore, he had to write the following statement even before Judge Giardino dismissed the murder charge because of the difficulties that David faces from the prison authorities when he tries to contact us.]

December 7, 2004

Greetings!

I always know that one day I will have to write this note, as I know I am not able to speak to you directly at this moment. But now that his day has come, I don’t know what to say. Anyway, as all of you know, the order by the Fulton County court judge, Judge Giardino, sitting in as the Clinton County court judge, effectively ended my nightmare for the past 18 years of my life. Even though this victory and my freedom did not come easily, I am happy to be able to now put my nightmare behind me and I am excited for my freedom and the prospect of my future, and also, I am happy in looking forward to seeing my family and friends again in the free world. While I am the sole beneficiary from this victory, this victory belongs to the David Wong Support Committee, all my friends and supporters, and my lawyers. They are the true heroes in this victory. It's their sacrifices, persistent dedication, hard work and efforts that brought this victory home to me. They are the inspiration and testimony of how collective kindness and caring of people can bring hope and overcome the impossible, and force the racists and wicked to retreat.

From the bottom of my heart, I want to thank all my friends and supporters (I am sorry I cannot name all of you here for there are so many that it will require pages to name everyone), my lawyers from the CCR and the professors and students from the Brooklyn Law School’s Second Look Program, particularly my present lawyers, Professor William Hellerstein, Professor Daniel Medwed and Attorney Jaykumar Menon, Chinese Consulate General in New York and his staff, and those individuals and organizations who had given me help and support in the past and present, for your kindness, support and efforts. You keep my sanity and hope alive in this difficult process of fighting for my freedom. I can never envision to be free and awaken from my nightmare without your kindness and standing with me. I am forever grateful to you all. Thank you all so very much!

Thank you too for taking the interest and covering my case which help bring transparency to this racist and corrupt criminal justice system and also for contributing to my freedom. Thank you so much!

David Wong


Description Of The Press Conference On The Motion To Drop The Murder Charges

On Friday, December 10, the David Wong Support Committee held a press conference to announce the decision of Clinton District Attorney Richard Cantwell to drop murder charges against David Wong. This is the breakthrough moment in Wong’s seventeen-year struggle for freedom. A judge is expected to make a final ruling to grant the motion, and David will be freed from prison. However, a Final Order of Deportation is hanging over David’s head, and it is unclear whether or not he will be remanded into federal custody upon his release, awaiting a possible deportation.

During the press conference on December 10th, Committee members, including Wong’s niece Fei Yeung, expressed the relief and elation that comes with victory, yet they also conveyed their anger at a system that tried and convicted Wong for a murder he did not commit, and then did everything it could to keep him imprisoned long after new evidence emerged pointing to his innocence. From the prison officials who falsely pointed the finger at Wong and found witnesses willing to fabricate a testimony, to the public defender who refused to investigate the case, to the District Attorney who cooked up a story to convict him, and to the judge who turned a blind eye to violations of due process (failing to provide an appropriate translator) – the railroading of David Wong was nothing short of an outrage to the Asian community. As Fei Yeung said at the press conference, "David Wong has lost his freedom, privacy, the prime years of his life and everything else that you and I take for granted."

While the Committee takes this moment to celebrate, it will not rest until Wong is fully free. The Committee now turns it sights of the next uphill battle: fighting the deportation of David Wong.

The strategy at this time comprises two fronts, legal and political. On the legal front, our immigration lawyers are ready to file motions to fight the deportation once the judge makes the final ruling on the dropping of the murder indictment. On the political front, the DWSC has met with the Chinese consulate to see what can be done on the diplomtic level. Also, along this front will be a lobbying of politicians to help in supporting David's fight on this next phase. To that end, the committee will be posting an online petition for supporters. This will show the level of community support for David.

The committee urges the public to sign this petition and write letters to elected officials to urge them to help on this matter.


Statement By Fei Yeung, the niece of David Wong

In the past 17 years, David Wong has lost his freedom, privacy, the prime years of his life and everything else that you and I take for granted. Also, he has missed his sister's wedding, his father's funeral and every other occassion that he was supposed to be there to celebrate and mourn with his family. He was forced to sacrifice all that just to keep the prison sergeant's job.

At the same time, my family and I have lost a beloved uncle, brother and son in the hands of morally corrupted, anti-immigrant, racist group of -- ironically, people we trust, respect and admire -- police, lawyers, and judges.

On the other hand, we are blessed to have a group of people from different walks of life to stand up for us and for justice. Without them, we would be completely helpless in a place this far away from home and in facing the most wicked but powerful people. They've fought continuously, tirelessly even when there was not a slight hint of victory. They've written numerous letters of comfort to my family, raise money, expose the case and gain support in many ways and every way.

Today, on behalf of my family and from the bottom of my heart, I express my ulmost gratitude to every member of the David Wong Support Committee, David Wong's Supporters, here and aboard. Thank you.


Photographs from the Press Conference


Press Conference December 10, 2004 about the Latest Developments, provided by Evergreen Chou


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