Susan Kuklin - Trial. The Inside Story

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Contents

AUTHORS NOTE

This is a true story. It reports a criminal trial I followed from the day the jury was chosen until its very end. During the proceedings I interviewed both the judge and the defense attorney. To make certain that I would not impart confidential information to either side, I waited until after the verdict to talk to the prosecutor and the detectives who broke the case. The events that I did not personally witness were reconstructed from more than one thousand seven hundred pages of pretrial and trial transcripts, as well as from my own interviews.

* * *

The New York City District Attorneys office was concerned for the safety of the victims and the informants who were witnesses. They asked that I not reveal the names or locations of these individuals. I agreed to this request in advance.

The defense attorneys concern was that his client receive a fair trial. He would not allow me to interview the defendant because our conversations could subject me to being called as a witness by the prosecutor.

In fairness to the other Chinese participants whom I did not personally interview, I changed their names in order to respect their privacy.

* * *

Since I am not a lawyer, I wanted to be careful in describing the complexities of the criminal justice system. After I wrote the manuscript, I gave it to the judge, the prosecutor, and the defense attorney to check for accuracy. Then legal scholars and other lawyers read it as well. In spite of this help, mistakes may have slipped through the cracks. I plead guilty to any and all errors.

In order to make it easier to keep track of the legal issues and terminology used in the actual trial, Ive put relevant explanations in boxes alongside the text and definitions in the glossary. When appropriate, Ive repeated some explanations as reminders.

I am deeply grateful to Judge Bernard J. Fried, Assistant District Attorney Leemie Kahng, and Glenn Garber, defense attorney, for their time, candor, professionalism, and friendship. I could not have written this book without them.

My thanks to the following people who helped me along the way:

New York County District Attorneys office

Robert Morganthau, Jim Kindler, Caroline Basile;

Major Case Squad

David Chan, Hayman Goon;

Judge Frieds staff

Mary Cassidy, Elizabeth Candreva, Esq., Esther Josiah;

Brooklyn Law School

Professor Susan Herman, Professor Robert Pitler, Professor Tony Sebok, Sara Robbins, law librarian;

University of Connecticut Law School

Professor Leonard Arland;

University of International Business and Economics (Beijing)

Professor Wang Pei, Professor Jaio Jin Hong;

Friends and Family

Refna Wilkin, Eliza Dresang, Nancy Machinton, Elizabeth Levy.

A special thanks to my editor, Marc Aronson, who took on a very lengthy, intricate manuscript and guided me through a number of drafts. Last, but hardly least, my husband, Bailey, who suggested that I write this book and then lived with it (and me) for the next two and a half years. He devoted countless hours reading drafts, asking probing questions, and teaching me the foundations of law. For his immeasurable love and encouragement, I dedicate this book to

Bailey H. Kuklin

and students of law,

past, present, and future

THE PLAYERS

B ERNARD J. F RIED presiding trial judge

L EFMIE K AHNG assistant district attorney (the prosecutor)

G LENN G ARBER defense attorney

M ARY C ASSIDY court clerk

D AVID C HAN a New York detective from the Major Case Squad

H AYMAN G OON a New York detective from the Major Case Squad

W ANG D ONG the first victim, the complaining witness

L I J UN the second victim, another complaining witness

J OE C HEN the defendant

S ONNY C HEN his brother, already confessed to the crime

L UKE C HEN his cousin, already confessed to the crime

J ANE D ING his cousin in-law, already confessed to the crime and a cooperating witness

J OHNNY D ING a distant relative to Jane, already confessed to the crime and a cooperating witness

B UDDY P AN a friend who was smuggled into America with Wang Dong

S TICK a person smuggled into America with Wang Dong

S UZY L ING Joe Chens girlfriend

E CHO Johnny Dings girlfriend

PROCEDURE

I. A crime is committed.

II. The victim fills out a complaint report.

III. The investigation begins; law enforcement gathers evidence.

IV. Law enforcement arrests an alleged perpetrator.

V. The alleged perpetrator is arraigned.

VI. A bail hearing is held.

VII. The grand jury returns an indictment.

VIII. Discovery takes place in which documents and materials are gathered by both prosecutor and defender.

IX. Pretrial hearings are held to determine whether evidence should be suppressed.

X. The trial occurs.

A. Jury selection.

B. Opening statements.

1. The prosecutor outlines the states case.

2. The defense attorney addresses the jury, if desired.

C. The prosecutors case.

1. Testimony of witnesses.

a) Direct examination.

b) Cross-examination.

c) Redirect examination.

d) Recross-examination.

e) Redirect.

f) Recross, etc.

D. The defenses case, if desired.

1. Testimony of witnesses.

a) Direct examination.

b) Cross-examination.

c) Redirect examination.

d) Recross-examination.

e) Redirect.

f) Recross, etc.

E. Summations.

F. Judges charge to the jury.

G. Jury deliberations.

H. The verdict.

If found guilty, the judges sentence is pronounced. An appeal may be made to a higher court, the appellate court, to overturn the verdict or reduce the sentence.

CHRONOLOGY OF THE CASE

J ULY 30, 1995, Wang Dong is kidnapped.

A UGUST 3, 1995, Li Jun is kidnapped.

A UGUST 13, 1995, both victims are released.

A UGUST 14, 1995, Mr. Wang calls Crime Stoppers; the complaint is forwarded to the Major Case Squad.

A UGUST 15, 1995, Mr. Wang meets with Detective Hayman Goon.

J ULY 15, 1996, Jane Ding and Sonny Chen are arrested.

A UGUST 22, 1996, Luke Chen (Cow Eyes) is arrested.

A PRIL 2, 1997, Leemie Kahng is assigned to prosecute the case.

M AY 8, 1997, Jane Ding, Sonny Chen, and Luke Chen plead guilty.

M AY 15, 1997, Jane Ding tells law enforcement that Johnny Ding is the leader of the kidnappers.

J UNE 20, 1997, Johnny Ding is arrested. He says that Joe Chen is the leader of the kidnappers. This is the first time law enforcement becomes aware of Joe Chen as a possible participant.

J UNE 24, 1997, Johnny Ding is the subject of a lineup before the two victims.

J UNE 30, 1997, Jane Ding makes another statement.

J ULY 2, 1997, Detective David Chan arrests Joe Chen.

J ULY 2, 1997, Joe Chen makes two statements to law enforcement.

J ULY 5, 1997, Suzy Ling hires Glenn Garber to defend her boyfriend, Joe Chen.

F EBRUARY 11, 1998, the pretrial hearing is held before Judge Bernard J. Fried.

A PRIL 14, 1998, the case goes to trial.