9/14/04: Just added, a report on the September 8th appeal -- we might add another comment to this account in the near future. We also plan to provide links to newspaper articles on the September 8th appeal and a statement by DWSC! Thanks to everyone for their support! Email us to get our periodic email updates, get more involved, and to help us arrange video screenings.

On Wednesday, September 8, 2004, over thirty-five people packed the Appellate Division's courtroom in Albany, New York, to show the panel of five judges the extensive community support for overturning David Wong's murder conviction! At the appeal, the judges skewered District Attorney Richard Cantwell with questions about all of the inmates who recently testified to David Wong's innocence by naming the real killer.

The day of the appeal began early in the morning for dozens of supporters, many of whom drove from Plattsburgh, New York and New York City to attend the appeal. Three vans filled with supporters made their way from New York City through a large rainstorm to Albany. The supporters included six people from Plattsburgh, New York (where David's original trial and recent request for a new trial were held), three people from the Chinese Consulate in New York City including the Consul General and Vice-Consul, and dozens of supporters from New York City and elsewhere.

In the weeks leading up to the trial, two documentary directors obtained permission from the Appellate Division to videotape and photograph the appeal. While obtaining permission, they made clear that David Wong's case is being closely followed by activists, community members, and journalists.

At 1pm, five justices of the Appellate Division held an oral argument on the appeal. In an oral argument, the judges have a chance to ask questions to lawyers for both sides. In September 2003, Judge Lawliss issued a decision that denied David's request a new trial and disregarded all of the witnesses who identified the real killer because Lawliss considered each of them unreliable and incredible. In this appeal, David Wong's lawyers are urging the Appellate Division to overturn Judge Lawliss's decision.

The oral argument began with David's lead attorney for the appeal, Professor William Hellerstein of the Second Look Program Clinic at Brooklyn Law School. He described Judge Lawliss's decision as "a disgrace" and explained that ten new witnesses proved that "We know who killed Tyrone Julius -- we know it was a man named Nelson Gutierrez." As one judge pointed out, David Wong's lawyers are only required to prove that it would be more likely than not that a jury would not reach a guilty verdict if it had been presented with the new evidence. David Wong's lawyers have tried to go even further than necessary by providing evidence of the name of the real killer. Professor Hellerstein urged the judges to overturn the murder conviction and "show the world that a Chinese immigrant serving a sentence in prison can achieve justice."

When District Attorney Richard Cantwell addressed the court, the judges asked repeated questions about the large amount of evidence of David's innocence. One judge asked Cantwell about how six inmates now name Gutierrez as the killer and how two inmates now say the killer was Latino. Cantwell responded that in his view, every single inmate lied. Another judge, though, pointed out that the fact that four inmates testified that Gutierrez revealed the motive for his attack might be enough to require a new trial. Cantwell could not offer any answer other than to change the subject by pointing out that the prison guard who was 130 yards away testified at David's original trial that David was the person who committed the murder.

When Cantwell suggested that the court should deny the appeal because they had already seen the case on a previous appeal, several judges interrupted him and forced Cantwell to admit that this appeal contains new evidence that was not contained in any of the earlier appeals. One judge stressed how there are inmates who never testified before. When Cantwell suggested that the only thing different with this appeal is the name Gutierrez, a judge pointed out that new witnesses have come forward to say what they saw and that those new witnesses must be considered new evidence. Cantwell was forced to concede that the appeal did indeed contain new evidence.

It is important to understand that although the judges asked Cantwell tough questions, there is no guarantee that they will rule in David Wong's favor. David Wong still needs people to continue applying pressure for the judges to make the right decision and overturn his murder conviction. In fact, during the evidentiary hearing in 2003, Judge Lawliss treated David's lawyers with apparent respect and interest but ultimately called each of David's witnesses unreliable and refused to give David a new trial. Therefore, it would be a mistake to think that the judges are going to give David a new trial just because they asked a hard questions to District Attorney Cantwell at the oral argument.

The David Wong Support Committee realizes that nothing is assured at this point and is committed to finding more ways to continue applying pressure to overturn David Wong's conviction. Please help us gather more support by screening the video on the case, arranging presentations, and giving people information about the case. Please also check the web site often to find out the latest ways that the David Wong Support Committee could use your support to help overturn his murder conviction!

Pictures from the September 8th appeal

These four pictures are copyright 2004 by Stefania Zamparelli.

Several of David Wong's supporters outside the courthouse. Photograph by Stefania Zamparelli.

David Wong's lawyer William Hellerstein during the oral argument with co-counsel Jaykumar Menon seated to his left and numerous supporters sitting in the audience. Photograph by Stefania Zamparelli.

The five judges hearing David Wong's appeal: (from left to right) Justice Carl Mugglin, Justice Thomas Mercure, Presiding Justice Anthony Cardona, Justice Karen Peters, Justice Robert Rose. Photograph by Stefania Zamparelli.

David Wong's lawyer William Hellerstein making a point during oral argument. Photograph by Stefania Zamparelli.

Contact us at freedavid@freedavidwong.org