On Monday, October 6, 2003, the David Wong Support Committee expressed its outrage at Judge Lawliss's decision not to grant David Wong a new trial. Individuals and representatives of several organizations from the Asian American community and immigrant communities joined to express their commitment to clearing David Wong's name.
David Wong is a Chinese immigrant who was wrongly convicted in 1987 for a murder that happened in prison. Despite having no physical evidence or motive tying David to the murder, the prosecution convicted David based on only two witnesses: a prison guard who was over 100 yards away and not using his binoculars at the time of the killing and a prisoner who lied on the stand in order to get out of jail early. Over the years, the David Wong Support Committee raised funds to help hire a private investigator to find witnesses who could prove David's innocence. In April and May 2003, the court held an evidentiary hearing to hear the witnesses that the investigator found: the prosecution's star witness admitted that he lied in order to get of jail early; two witnesses testified that the real killer privately confessed to each of them; and at least six other witnesses testified that they saw the killing and could identify the real killer by name or saw that the killer was Latino, not Asian.
On September 30, 2003, Judge Timothy Lawliss denied David's motion for a new trial and stated that the new evidence was "not of such a character to create a probability that had such evidence been received at trial the verdict would have been more favorable for Mr. Wong." The judge stated that he found the new evidence "to be unreliable and incredible."
The David Wong Support Committee expressed its outrage at the unjust decision and forcefully denounced it. "The decision perpetuates the systemic barriers facing poor people and people of color who attempt to seek justice, and are shot down by a racist criminal injustice system that is focused on their disempowerment and stripping them of their rights and lives." The DWSC stated its commitment to continue to fight every step of the way, and that it has always maintained that "the fight will not be won in the coutroom alone." The DWSC reaffirmed that the only way to win the case will be "to build a stronger and broader movement to free David Wong."
David Wong provided a statement from prison, in which he expressed his gratitude to his attorneys and all of his supporters. There was no doubt in David's mind that Judge Lawliss issued a pre-determined decision that was "a most egregious disregard of the fundamental principle of fair play and amounted to a blatant distortion of the truth." The decision was merely a reminder of "just how corrupt and racist the judicial system is..."
In his statement, David said that the decision "will not alter nor shatter my hopes and dreams, for the most basic human nature is to dream and to hope... it will not destroy my spirit, nor will it deter me from continuing to seek justice and my freedom because I know I am innocent in this murder charge."
Jaykumar Menon of the Center for Constitutional Rights, who is one of David's lawyers, spoke at the press conference and explained that there are several angles for an appeal and that the lawyers would be filing papers to appeal the decision. Before the end of October, the lawyers plan to file a request that the Third Department, New York Appellate Division agree to hear their appeal from Judge Lawliss's decision.
Individuals who appeared representing organizations included Kwong Eng, Vice President of Public Affairs for the Organization of Chinese Americans-National (OCA-National) and Chairperson of the Organization of Chinese Americans-Long Island Chapter (OCA-LI); Jerry Cheng, Vice President of the Organization of Chinese Americans-New York Chapter (OCA-NY); Kathie Cheng, October 22 Coalition to Stop Police Brutality, Repression, and the Criminalization of a Generation-NY; Chris Chan, President, Asian American Bar Association of New York (AABANY); Gloria Lum, National Association of Letter Carriers (NALC), Flushing, Branch 294; and Evergreen Chou, Flushing Greens. Other organizations supporting the case are Asian Americans for Equality and the Asian American Legal Defense and Education Fund. Others who appeared in their individual capacity to support the case included Rocky Chin (civil rights attorney), David Chen (who leads the Chinese-American Planning Council), and Bryan Pu-Folkes (who leads New Immigrant Community Empowerment).
The DWSC is going ahead with its fundraiser hip hop, acoustic, and spoken word concert on Friday, October 10, 2003 at 8:30pm at Silk Road, 30 Mott St. Chinatown, NYC. Performers are coming from around the country to support David. Scheduled performers include: Denizen Kane, Golda Supanova, Kevin So, Rain Noe, Organic Thoughts, Kontrast, the Be Water Band, Brent Weinbach, Jasper Redd, and Brother Ray.
JUDGE LAWLISS's DECISION TO DENY A NEW TRIAL
Unproofread copy of Judge Lawliss's full decision
Excerpts from Judge Lawliss's decision
NEWSPAPER ARTICLES ABOUT THE DECISION
Now available are articles from:
Plattsburgh Press Republican Oct. 2, 2003
The AP Wire Services Oct. 2, 2003
New York Times Oct. 5, 2003
STATEMENTS ABOUT THE OUTRAGEOUS DECISION
Also available are:
David Wong's Statement about the decision
The David Wong Support Committee's Statement about the decision
Statement of support by the October 22 Coalition to Stop Police Brutality, Repression, and the Criminalization of a Generation
Contact us at freedavid@freedavidwong.org