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11/29 Westminster, CA: Deputy DA hits Theresa Dang with new criminal charge |
Released 30 November 2005  By Duane Roberts
Deputy DA hits Theresa Dang with new criminal charge; Judge says jury trial to cost $22K per day Date: 11/29/2005 8:54:00 P.M. Pacific Standard Time From: duaneroberts92804@yahoo.com
Hello everybody:
I'm sending out this new email to keep people informed about the latest developments in Theresa Dang's pending trial on bogus flashlight theft charges. And yes, I said *charges*, because the Orange County District Attorney's Office today accused her of committing yet another criminal offense! Yup, they pulled a wand out of their magic hat and *proof* accused Ms. Dang for "theft of lost property" -- with no new evidence!
Here are the details, plus a couple of other points that were raised at today's hearing:
* Shortly after lunch, Erik Petersen, the Deputy District Attorney handling this case, amended the original criminal complaint that was filed against Ms. Dang back in June, adding a new charge. She is now being accused of violating Section 485 of the California Penal Code which states that "one who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft." In the words of Deputy District Attorney Petersen himself, his office is now charging her for "theft of lost property" -- this is on top of the misdemeanor petty theft charge they originally filed against her! According to Petersen, the new charge was filed not because they had any new evidence against her, but because they [his colleagues] had a "new legal theory" to try out!
* Judge Erick L. Larsh, the judicial officer who is overseeing the trial in Department W10, told everybody present that jury services believes this case is going to last about two days, most likely ending on Thursday. However, he said that it's quite possible jury deliberations regarding Ms. Dang's fate may take place on Friday.
* In another comment, Judge Larsh publicly estimated that a jury trial like this one is going to cost California taxpapers about $22,000 per day. If this trial lasts until Friday, then it will cost you and I somewhere in the neighborhood of $66,000. [my comment: put into perspective, this money could have bought 700 police officers a brand new Maglite flashlight of the exact same make, model, and quality that Dang is alleged to have stolen, especially if purchased in bulk. Of course, it could have paid college tuition for a lot of young people, too.]
* The twelve jurors that were selected for the trial are predominately white, with a wide range of ages. There are almost an equal number of males to females. Many of the people on this jury appear to be college educated.
* Opening arguments in this case will begin tommorrow morning [November 30th] at 9:15 am sharp, with the Deputy District Attorney laying out his case, followed by a response from B. Kwaku Duren, Ms. Dang's defense attorney. It's expected that at least one Garden Grove Police officer will be called to testify, along with another possible witnesses -- including Ms. Dang herself.
* One issue of contention will be the interpretation of images on a videotape that was taken by a Minuteman supporter at the May 25th counterdemonstration against Jim Gilchrist at the Garden Grove Civic Woman's Center. The Orange County District Attorney's Office is using this videotape as the basis for charging Ms. Dang with two misdemeanor criminal offenses. A portion of this videotape was broadcast in court today and a motion was granted by Judge Larsh to omit the audio on the part that was aired for fear that it could prejudice the jury. [author comment: I've seen the videotape in question months ago and can tell you right now that Ms. Dang committed none of the criminal acts that she's been accused of; the facts establishing all of this will come out during the trial. When the facts are brought out into the open, I'll say more about this publicly.]
That's all I have to report for now! However, please see the following appeal I make below! Please take the time to read it!
Thank you! :)
Sincerely,
Duane J. Roberts duaneroberts92804@yahoo.com
SUPPORT THERESA DANG!!!!!!!!!!!!!!!!!!!!
I strongly urge that as many people as possible come to Westminster to support Theresa Dang in her fight against both the Garden Grove Police Department and the Orange County District Attorney's Office.
You don't have to attend these trials every day, or be there every hour. But commit yourself to three hours (or even one) and watch what has to be one of the biggest farces in the history of the criminal justice system here in Orange County.
Although Friday is still uncertain, here are the days and hours you could attend:
Wednesday 9:00 am - 12 noon 1:30 pm - 4:30 pm
Thursday 9:00 am - 12 noon 1:30 pm - 4:30 pm
Friday 9:00 am - 12 noon 1:30 pm - 4:30 pm
Department W10, like every courtroom, will be closed from 12 noon - 1:30 pm for lunch.
If you yourself cannot attend, please call or email friends and let them know about this case; ask if they can commit themselves to attending this trial either all day long or for just a few hours.
YOUR PRESENCE WILL HAVE A HUGE IMPACT UPON THE JURY. IN ADDITION TO THAT, YOU'LL SEND A MESSAGE TO THE ORANGE COUNTY DA AND THE GARDEN GROVE POLICE THAT WE THE PEOPLE WILL NOT TOLERATE THE HARASSMENT OF ACTIVISTS EXERCISING THEIR FIRST AMENDMENT RIGHTS.
THIS IS AN IMPORTANT TRIAL POLITICALLY, CULTURALLY, AND HISTORICALLY. IT IS AT THE CONJUNCTURE OF IMPORTANT STRUGGLES AGAINST RACISM, SEXISM, CLASSISM, AND STATE REPRESSION!
Address for Theresa Dang's trial:
Department W10 West Justice Center Orange County Superior Court 8131 W. 13th Street Westminster, California
See http://www.occourts.org/locations/westmap.asp for a map of where the courthouse is located.
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