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THE JUDGE & THE CONVICT'S WOMAN
Page 8 of 13
"Yes, the money was part of my reluctance to take on the assignment,"
admits Gee good-naturedly. "We were also thinking about moving our offices
and weren't really interested in taking on more work right then."
"To this day I believe he was simply concerned that this poor woman was going to go to prison for the rest of her life for just being at the scene."
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But as officers of the court, lawyers are under an ethical duty to
accept court appointments in the absence of a compelling excuse. On
September 17 Trammell appointed Gee to investigate whether Ballentyne's
representation had been so substandard as to have deprived Chu of the right
to counsel guaranteed by the Sixth Amendment.
"Of course no one knew what was going on in Trammell's mind at the
time," Gee says. "But to this day, I believe he was simply concerned that this
poor woman was going to go to prison for the rest of her life for just being at
the scene."
Concern for justice may have played a role in Trammell's appointment
of second counsel for Chu and Jin, respectively, of Gee and an attorney named
John Rodriguez. Cynics armed with hindsight, however, would suggest less
altruistic reasons. First, despite Trammell's assurances, the appointment of
second counsel does create lengthy delays in sentencing and hearing of new
trial motions, greatly extending and prolonging Trammell's discretionary
powers over the case. Also, it was probably clear to both Trammell and
Deputy DA Morrison that the verdicts in the case were an anomaly resulting
from Trammell's highly questionable rulings which would certainly come
under review by the appellate courts if and when Trammell denied the new
trial motions the defense attorneys intended to file. The appellate court
would likely gag at Trammell's bizarre conduct of the case and order a new
trial, one which the defense attorneys would certainly move out of
Trammell's courtroom citing the strong biases he had shown in the first trial.
In the face of this likelihood, Trammell might have believed that the
appointment of second counsel would serve a dual purpose--show regard for
his judicial duties and let him keep the cases in his courtroom long enough to
get his way with Lo.
While Trammell was busy orchestrating his bizarre scheme, Jin--who
was still ignorant of the Judge's designs on the mother of his children--was
frantically asking everyone he knew to write letters to be included in his
sentencing memorandum, a document filed by a defendant to inspire a judge
toward leniency. Of course, if the verdict stood as rendered, the only
sentence that could be handed down was life without possibility of parole.
Yet, 65 pages of letters pleading mercy were attached to the sentencing
memorandum.
One is a two-page letter dated July 12 from Pifen Lo:
Dear Honorable Judge Trammell:
I would like to express my deepest appreciation again for your
kindness and mercy to let me go home earlier to take care of my children. I
sincerely believe that you are a kind and nice judge.
Ming Jin's case took a lot of your time and energy. Although we lost
this law suit, we still appreciate your patience and effort during the trial.
Herewith I would like to say something for Ming Jin. Since I was a
teenager, I have known Ming for 22 years. I understand his personality and
characteristic. He is a responsible person and has strong family tie concept.
He is a perfectionist. He is very loyal to his friends and employees.
Sometimes I feel jealous when he puts them in the first priority than us. He
is always generous to his friends and employees. He frequently purchases
clothes, shoes and daily supplies for them, took them to restaurant and KTV
enjoyed the funs together. He has no discrimination between master and
servant. He allowed employees to use long-distance phone bill without
charging them. He gave monthly awards to employees based on their
performance. They lived and worked in a harmony environment. If he is a
stingy and narrow-minded person, who would like to work for him.
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Attorney Montie Reynolds (sitting here as judge of a mootcourt competition) represented Ming Jin in
the first trial.
Due to the negligence of our previous attorney, we lost the right on
the illegal search issue. You asked our babysitter Yu Chu if she was allowed
to use telephone and watch TV, she replied no. I asked her why she gave
different story in the court when she got back to the jail. She said because
she was too nervous and she did not really understand what the question
was. Additionally, Mr Yan said that Ms Chu told him that Ming always likes
to hit people. This is not true either. Ms Chu told me that she never told him
that. Because of the incorrect information, everyone thought that Ming was a
bad person. Ming really did not kidnap Mr and Mrs Yan. On the contrary, he
treated them like a VIP. That was why Mr Xu, the driver, stated that he
would go after Mr Yan after he left Ming's house. In Ming's mind that felt
that he was so innocent because he did all this for Mr Xu, but he was still
displeased. He treated Mr Yan so well after he was injured. He was still
unhappy and sued him. That is why Ming did not want to accept the
sentence for 11 years offered by the district attorney. He wanted to show
that he was innocent and did not commit the kidnapping. If he really
kidnapped Mr and Mrs Yan he would and should accept the 11-year sentence
because he had additional charges to the sentences. Why should he take such
risk? Mr and Mrs Yan blackmailed Ming's family for $140,000. Mr Yan
stated that Ming was such a rich person and only gave him a small amount of
$3,000 which was later taken away by the police officer. Instead of paying
$100,000 to attorney Ming should pay all those money to him. Mr Yan also
threatened us that if we do not pay him enough money then don't blame him
for saying something which may damage us in court. All these important
true facts were not mentioned in the court and left Ming in no position to
debate and finally lost the case. He probably will be put in jail for the rest of
his life. He is very sad as well as his whole family.
Page 9
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