THE JUDGE & THE CONVICT'S WOMAN
Page 13 of 13
"It now is evident that the entire time she was using me and setting
me up to aid her ex-husband to avoid him having to spend the rest of his
natural life in prison," Trammell complained in a March 2 letter to Wade. The
most bizarre thing about Trammell's letter are the questions at the end.
"How tall are you? Are you a large woman, of medium build or slim? Would
you describe yourself as very beautiful, or as pretty, or as average-looking?"
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"It now is evident that the entire time she was using me and setting me
up to aid her ex-husband to avoid him having to spend the rest of his natural
life in prison."
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If the letter is taken at face value, one must conclude that Trammell
suffered from a deep mental disturbance or, at the very least, a loneliness so
pathologically intense that he resorted to desperate tactics for
companionship.
Police also discovered in Trammell's possession a letter dated January
1 from Wade which said Lo had told her that she wanted to escape Jin's
mental abuse and had found Trammell to be a friend. It appears that Wade
had met and befriended Lo during the 13 months Lo had spent in the county
jail until entering her no contest plea and receiving probation from Trammell.
The facts warrant the filing of rape, assault and corruption charges
against Judge Trammell. Incredibly, on March 12, the District Attorney's
office opined against filing charges on the ground that Trammell's conduct
didn't "fit the definition of any crime." That conclusion might have been
warranted if the DA's office believed Trammell and disbelieved Lo
completely. In fact, statements by deputy DA Morrison suggests that the
DA's office chose to see Lo as a liar and Trammell as a victim of a scheme by
Jin to get out of his conviction.
That questionable view ignores the chronology of events, Trammell's
highly irregular court rulings against Jin beginning back in April of 1996 and
the evidence produced in support of Jin's habeas petition, including tapes of
incriminating conversations between Trammell and Lo, phone bills showing
calls between Trammell's chambers and home and Lo's home, witnesses of
late-night restaurant meals and Trammell's body hairs. The evidence makes
clear that Trammell took the first deliberate step toward pressuring Lo into a
sexual relationship as far back as late April, while Jin's trial was still pending.
What's more, after the trial Trammell deliberately made a series of highly
unusual rulings to prolong his power over Jin while essentially extorting Lo
into sexual liaisons. Contrary to the DA's initial assertion, the California Penal
Code contains many provisions under which a public official can be put away
for several lifetimes for what Trammell appears to have done.
Fortunately for Jin and Lo, the DA's office couldn't close the book on
Trammell so quickly and quietly. As soon as its decision to drop its
investigation of Trammell was announced on April 7, the state Commission on
Judicial Performance announced its own investigation.
More importantly, the
filing of Jin's habeas petition prompted the Appellate Court to order a
Superior Court evidentiary hearing on the allegations of gross judicial abuses
contained in Jin's petition. In a show of brotherly solidarity or perhaps
judicial fastidiousness, all the judges of the Superior Court of Los Angeles
County recused themselves from being considered for the assignment.
Instead Judge Frank Fasel of the Orange County Superior Court was appointed
to sit temporarily as a Los Angeles Superior Court judge to conduct the
hearing. The key witness at the April 12 hearing was Pifen Lo. With Jin and
Chu in the audience, she sobbed as she recounted the details of her
involvement with Trammell. The tapes she had secretly recorded were
played. Trammell's body hairs were presented for inspection. Trammell
didn't testify. Fasel's findings shows that he essentially believed Lo's story.
Attorney Robert S. Gerstein was appointed to represent Ming Jin in his effort
at obtaining a new trial. The new trial motions of both Jin and Chu were
heard and granted by Judge Fasel on July 21.
"Our position was completely vindicated," Gerstein told the L.A.
Times.
The new trial order was "proof I wasn't lying," Lo said. "I'm happy.
My husband gets a new trial."
The retrials of both Jin and Chu were assigned to Judge Jacqueline
Connor at the downtown Criminal Courts Building. She set them to start early
September.
Meanwhile, Jin and Lo weren't waiting for the criminal justice system
to redress the wrongs they suffered as victims. They retained attorney Gary
Casselman to file a claim for battery, infliction of emotional distress and civil
rights violations against the County of Los Angeles based on Trammell's
actions. The legal doctrine of sovereign immunity requires a claim against a
governmental body first to be filed against the entity as a prerequisite to a
civil damages suit. Once the county rejects the claim, a civil suit will likely be
filed naming Trammell as another defendant.
Trammell faces other consequences. After his resignation, he
reactivated his State Bar membership, presumably with an eye toward
practicing law. The State Bar has expressed interest in looking into
disciplinary action. It could disbar Trammell if it finds his conduct to show
that he is unfit to practice law.
Most importantly from the standpoint of justice, after the new trial
motion was granted, the Los Angeles DA's office apeared to reverse its
position and take a "fresh" look at filing criminal charges against Trammell.
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