GUILTY CA - Annie Hung 'Kim' Pham, 23, dies from beating outside Santa Ana nightclub
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kimi_SFC
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IME, yes, that's what they're doing, as a way to promote their subscription service. That's why I've copied the entire article for posterity, so I can bring it to the thread, if needed for future reference.
patch.com sometimes requires folks to sign up for free subscriptions to view articles, but this is beyond, and unfortunate :moo:
kimi_SFC
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zwiebel, I think this would be an amazing idea! Kim's words were an artful expression of her heart and soul. From what I read in the article posted upthread about the artist, he seems truly concerned about interweaving Kim into the history of Santa Ana into that space. It seems only natural that her words would be a part of such an effort. Here's hoping it happens!
lease:
kimi_SFC
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This extremely in-depth article has been updated several times today, and is a MUST-READ for everyone following the case. There are many details that are crucial to the case, which I will snip here, but please take the time to read the entire article, by Ed Joyce at KPCC:
Kim Pham hearing: Detective reveals she went undercover in jail cell; witness details fight(updated)
Ed Joyce | February 10th, 2014, 3:29 p.m.
Update 3:24 p.m.: Witness describes "hair-pulling, punching incident"
The next witness was Santa Ana police detective Matthew McLeod, who said he is assigned to the crimes against persons homicide division. The 17-year department veteran testified he was part of the follow-up investigation in the case.
(snip)
McLeod said he showed Darwin A a second photo array and Darwin A "identified Candace Brito and indicated she looked like one of the kickers involved in the case. He (Darwin A) indicated that Ms. Brito looked to be the first person to kick the female Asian."
Pino: "In the head and face area?"
McLeod: "In the head and face area, yes."
Update 2:06 p.m.: Under questioning, detective revels she had gone undercover in defendant's jail cell
In a twist that affect the admissibility of her testimony, Santa Ana police homicide detective Patricia Navarro testified she had gone undercover into the jail cell where Zavala was being held, in jail clothes, and did not identify herself as a police detective.
(snip)
Under questioning from Zavala's attorney, Navarro revealed she talked to Zavala about the incident, even though she said she had known that Zavala had invoked her right to an attorney.'
.......
Update 12:19 p.m.: Forensic pathologist details injuries
(snip)
Pham weighed 85 pounds and was 5' 1" at the time of the autopsy, Davenport testified.
"There was bruising on the undersurface of her scalp, but I did not seen any skull fractures," she (Forensic Pathologist Davenport) said. "But I saw the brain was swollen and there was extensive bleeding and softness of the brain."
Pino: "What could cause this?"
Davenport: "Blunt force injury of the head. There were blows to the head and as a result of that she passed away."
.......
Officers testify on scene immediately following beating
"She had her hands up to her mouth and she was unresponsive," testified (Santa Ana Police Officer) Corona.
Corona said he interviewed three witnesses at the scene, who were with Pham, and testified what each told him about the incident. The witnesses were identified in court as Jacqueline D., Dorothy V. and Ben V.
Corona said Dorothy V. and Jacqueline D. said an Hispanic female bumped into Pham, who was standing in line outside the club, and the "female told Pham 'watch where you're going.'"
Corona said an argument between the woman and Pham began and that "the woman punched Pham." He testified the witnesses told him "2-3 females began attacking Pham, punching her and Pham fell to the ground, and the females kicked her head and face."
One witness, identified in court as Dorothy V., told Corona she watched as one of the Hispanic "females kicked Ms. Pham on her head."
(snip)
Santa Ana police homicide detective Patricia Navarro testified next. She recounted eyewitness testimony from witnesses she interviewed in days after the incident.
A man identified only as Patrick M., came forward several days after the incident, to describe what he saw happen. Navarro said Patrick M. did not know Pham.
Navarro: "He stated [he saw] a Hispanic female punching Pham about 10 times. He says Pham begins punching back and then they fall to the ground. He sees a second female Hispanic kick towards Pham's head."
Navarro testified Patrick M. told her he saw a female "that appeared to be with Ms. Pham's group, push an Hispanic female to the ground. As the fight goes on, "he states the third female stands there 'trying to get her hits in.'"
Navarro said Patrick M. was shown photo arrays. He identified Zavala as the Hispanic woman that had kicked and punched at Ms. Pham on the ground.
MUCH MORE @ LINK
http://www.scpr.org/news/2014/02/10/42058/kim-pham-beating-preliminary-hearing-set-for-monda/#1406
This article was written in reverse chronological order, so the updates are at the top of the news story. I was able to post the 3:24 p.m. update as it was just released. I expect the defense to protest the jail cell testimony before the preliminary hearings are complete. However, Ed Joyce has not revisited this issue specifically.
Kim Pham hearing: Detective reveals she went undercover in jail cell; witness details fight(updated)
Ed Joyce | February 10th, 2014, 3:29 p.m.
Update 3:24 p.m.: Witness describes "hair-pulling, punching incident"
The next witness was Santa Ana police detective Matthew McLeod, who said he is assigned to the crimes against persons homicide division. The 17-year department veteran testified he was part of the follow-up investigation in the case.
(snip)
McLeod said he showed Darwin A a second photo array and Darwin A "identified Candace Brito and indicated she looked like one of the kickers involved in the case. He (Darwin A) indicated that Ms. Brito looked to be the first person to kick the female Asian."
Pino: "In the head and face area?"
McLeod: "In the head and face area, yes."
Update 2:06 p.m.: Under questioning, detective revels she had gone undercover in defendant's jail cell
In a twist that affect the admissibility of her testimony, Santa Ana police homicide detective Patricia Navarro testified she had gone undercover into the jail cell where Zavala was being held, in jail clothes, and did not identify herself as a police detective.
(snip)
Under questioning from Zavala's attorney, Navarro revealed she talked to Zavala about the incident, even though she said she had known that Zavala had invoked her right to an attorney.'
.......
Update 12:19 p.m.: Forensic pathologist details injuries
(snip)
Pham weighed 85 pounds and was 5' 1" at the time of the autopsy, Davenport testified.
"There was bruising on the undersurface of her scalp, but I did not seen any skull fractures," she (Forensic Pathologist Davenport) said. "But I saw the brain was swollen and there was extensive bleeding and softness of the brain."
Pino: "What could cause this?"
Davenport: "Blunt force injury of the head. There were blows to the head and as a result of that she passed away."
.......
Officers testify on scene immediately following beating
"She had her hands up to her mouth and she was unresponsive," testified (Santa Ana Police Officer) Corona.
Corona said he interviewed three witnesses at the scene, who were with Pham, and testified what each told him about the incident. The witnesses were identified in court as Jacqueline D., Dorothy V. and Ben V.
Corona said Dorothy V. and Jacqueline D. said an Hispanic female bumped into Pham, who was standing in line outside the club, and the "female told Pham 'watch where you're going.'"
Corona said an argument between the woman and Pham began and that "the woman punched Pham." He testified the witnesses told him "2-3 females began attacking Pham, punching her and Pham fell to the ground, and the females kicked her head and face."
One witness, identified in court as Dorothy V., told Corona she watched as one of the Hispanic "females kicked Ms. Pham on her head."
(snip)
Santa Ana police homicide detective Patricia Navarro testified next. She recounted eyewitness testimony from witnesses she interviewed in days after the incident.
A man identified only as Patrick M., came forward several days after the incident, to describe what he saw happen. Navarro said Patrick M. did not know Pham.
Navarro: "He stated [he saw] a Hispanic female punching Pham about 10 times. He says Pham begins punching back and then they fall to the ground. He sees a second female Hispanic kick towards Pham's head."
Navarro testified Patrick M. told her he saw a female "that appeared to be with Ms. Pham's group, push an Hispanic female to the ground. As the fight goes on, "he states the third female stands there 'trying to get her hits in.'"
Navarro said Patrick M. was shown photo arrays. He identified Zavala as the Hispanic woman that had kicked and punched at Ms. Pham on the ground.
MUCH MORE @ LINK
http://www.scpr.org/news/2014/02/10/42058/kim-pham-beating-preliminary-hearing-set-for-monda/#1406
This article was written in reverse chronological order, so the updates are at the top of the news story. I was able to post the 3:24 p.m. update as it was just released. I expect the defense to protest the jail cell testimony before the preliminary hearings are complete. However, Ed Joyce has not revisited this issue specifically.
kimi_SFC
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Update 2:06 p.m.: Under questioning, detective reveals she had gone undercover in defendant's jail cell
In a twist that affect the admissibility of her testimony, Santa Ana police homicide detective Patricia Navarro testified she had gone undercover into the jail cell where Zavala was being held, in jail clothes, and did not identify herself as a police detective.
Under questioning from Zavala's attorney, Navarro revealed she talked to Zavala about the incident, even though she said she had known that Zavala had invoked her right to an attorney.
Navarro said she responded to the scene of the incident at 4th and Broadway in Santa Ana on January 18.
Then, this exchange between Reed and Navarro, sent the defense attorneys, prosecutor Pino and Judge Borris outside the courtroom for a sidebar.
Reed: Did you have any previous contact with my client?
Navarro: No.
Reed: Did you have any contact with my client at the (police) station?
Navarro. No.
Reed: Anytime at the station?
Navarro: No.
Reed: In her (jail) cell?
Navarro: Yes.
Reed: Were you dressed as an inmate?
Navarro: Yes.
Reed: "After my client invokes (her right to an attorney) she is put in a jail cell and you are put in a cell with her, undercover as an inmate?
Is that correct?
Navarro: Yes.
Reed: And you asked my clients questions?
Navarro: Correct.
Reed: What were you doing in a cell?
Navarro: I was asked to act in an undercover capacity and contact Ms. Zavala and find out what happened.
Reed: Do you know she had asked for an attorney?
Navarro: Yes.
Reed: Who asked you to do this?
Navarro: The case agent, detective Leo Rodriguez. (Rodriguez, who worked the case as an investigator for the OCDA's office, is sitting next to DA Pino).
Reed: Did you have a tape recording device on your person?
Navarro: Yes.
Reed: How long were you in the cell with Ms. Zavala?
Navarro: I believe I was in the cell with Ms. Zavala for approximately an hour.
Reed: Who did you tell her you were?
Navarro: I don't believe I gave her my name.
Reed: Ultimately she didn't talk to you?
Navarro: No we spoke.
Reed: Did she talk to you about this event (incident outside The Crosby nightclub January 18)?
Navarro: Yes, she did.
Attorneys and judge left the courtroom before Reed finished his questioning.
When they returned, the Judge asked Deputy DA Troy Pino if Navarro would be excused for the day. Pino said yes. Judge Borris told Navarro she would be expected to return at 9 a.m. Tuesday for additional questioning.
via http://www.scpr.org/news/2014/02/10/42058/kim-pham-beating-preliminary-hearing-set-for-monda/#1524
Wondering if our Legal Eagles could chime in here. Do defendants have any expectation of privacy under this circumstance? In the State of California, I know their phone calls are monitored, and their communications with their attorneys are considered privileged. However, are their jail cell communications privileged as well? It seems like a slippery slope to me, but I am no expert. Thoughts?
This hasn't been updated yet, but I have no doubt it will not be the last we hear of it. I will say LE left no stone unturned in their efforts to uncover the truth. We have yet to hear what the contents of the conversation between Detective Navarro and Zavala. However, if she is innocent..... she has nothing to hide (or talk about for an hour), right? :moo: :twocents: etc. etc.
In a twist that affect the admissibility of her testimony, Santa Ana police homicide detective Patricia Navarro testified she had gone undercover into the jail cell where Zavala was being held, in jail clothes, and did not identify herself as a police detective.
Under questioning from Zavala's attorney, Navarro revealed she talked to Zavala about the incident, even though she said she had known that Zavala had invoked her right to an attorney.
Navarro said she responded to the scene of the incident at 4th and Broadway in Santa Ana on January 18.
Then, this exchange between Reed and Navarro, sent the defense attorneys, prosecutor Pino and Judge Borris outside the courtroom for a sidebar.
Reed: Did you have any previous contact with my client?
Navarro: No.
Reed: Did you have any contact with my client at the (police) station?
Navarro. No.
Reed: Anytime at the station?
Navarro: No.
Reed: In her (jail) cell?
Navarro: Yes.
Reed: Were you dressed as an inmate?
Navarro: Yes.
Reed: "After my client invokes (her right to an attorney) she is put in a jail cell and you are put in a cell with her, undercover as an inmate?
Is that correct?
Navarro: Yes.
Reed: And you asked my clients questions?
Navarro: Correct.
Reed: What were you doing in a cell?
Navarro: I was asked to act in an undercover capacity and contact Ms. Zavala and find out what happened.
Reed: Do you know she had asked for an attorney?
Navarro: Yes.
Reed: Who asked you to do this?
Navarro: The case agent, detective Leo Rodriguez. (Rodriguez, who worked the case as an investigator for the OCDA's office, is sitting next to DA Pino).
Reed: Did you have a tape recording device on your person?
Navarro: Yes.
Reed: How long were you in the cell with Ms. Zavala?
Navarro: I believe I was in the cell with Ms. Zavala for approximately an hour.
Reed: Who did you tell her you were?
Navarro: I don't believe I gave her my name.
Reed: Ultimately she didn't talk to you?
Navarro: No we spoke.
Reed: Did she talk to you about this event (incident outside The Crosby nightclub January 18)?
Navarro: Yes, she did.
Attorneys and judge left the courtroom before Reed finished his questioning.
When they returned, the Judge asked Deputy DA Troy Pino if Navarro would be excused for the day. Pino said yes. Judge Borris told Navarro she would be expected to return at 9 a.m. Tuesday for additional questioning.
via http://www.scpr.org/news/2014/02/10/42058/kim-pham-beating-preliminary-hearing-set-for-monda/#1524
Wondering if our Legal Eagles could chime in here. Do defendants have any expectation of privacy under this circumstance? In the State of California, I know their phone calls are monitored, and their communications with their attorneys are considered privileged. However, are their jail cell communications privileged as well? It seems like a slippery slope to me, but I am no expert. Thoughts?
This hasn't been updated yet, but I have no doubt it will not be the last we hear of it. I will say LE left no stone unturned in their efforts to uncover the truth. We have yet to hear what the contents of the conversation between Detective Navarro and Zavala. However, if she is innocent..... she has nothing to hide (or talk about for an hour), right? :moo: :twocents: etc. etc.
kimi_SFC
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Embedded video:
Live report from OC Superior Court - Westminster
http://social.newsinc.com/media/json/69017/25607413/singleVideoOG.html?type=VideoPlayer%2F16x9&videoId=25607413#.Uvlym2ykCX4.twitter
Live report from OC Superior Court - Westminster
http://social.newsinc.com/media/json/69017/25607413/singleVideoOG.html?type=VideoPlayer%2F16x9&videoId=25607413#.Uvlym2ykCX4.twitter
kimi_SFC
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The latest update from today's court proceedings were posted at 4:40 p.m. today.....
(snip)
Update 4:40 p.m. Video evidence introduced, a few seconds shown
Santa Ana police detective Roland Andrade took the stand after the afternoon break.
Andrade testified that he interviewed three people about the incident; he identified witnesses in court as Beverly M, Aaron R and Jason L. (Pino continued to use initials only for the last names of witnesses that had been interviewed after the altercation during the hearing, but defense attorneys used the last names).
Andrade testified, on questioning from DA Troy Pino, that Aaron R had observed the fight through his cell phone as he recorded the altercation.
Andrade: "He (Aaron R) indicated on female kicked Ms. Pham and that a second woman came and kicked Pham on the ground and that kick knocked her (Pham) her out."
Andrade testified that Aaron had a total of four recordings of the altercation, including two that were recorded after paramedics arrived.
Pino introduced the video into evidence that was recorded by Aaron R. It was not shown in the courtroom.
Pino: "Did you contact a Jason L?"
Andrade: "Yes, he was in line at The Crosby and described the Hispanic female saying something similar to 'excuse me' in a somewhat sarcastic manner and (Pham) responded with obscenities Ms. Pham broke free from two members of her party and then struck one of the Hispanic females."
After he was shown a photo array, Andrade said Jason L recognized Zavala as being there (at the altercation) but he did not recognize Brito or identify either as having kicked Pham.
(snip)
Before the hearing continued, Orange County Superior Court Judge Thomas J. Borris adjourned for the day. The preliminary hearing resumes at 9:15 a.m. Tuesday in Westminster.
Much more @ Link
http://www.scpr.org/news/2014/02/10/42058/kim-pham-beating-preliminary-hearing-set-for-monda/
IMVHO, it is borderline unethical that the defense attorneys choose to identify the witnesses by their full names in open court, when the DA has redacted their names for the record to protect them. I feel this is to intimidate them, and keep other potential witnesses from coming forward. Shame on them! KPCC has chosen to keep their names redacted (first name, and first letter of surname only) in their online publication. I hope all other news media outlets follow suit. :twocents:
Embedded KPCC Audio Report - Ed Joyce
http://media.scpr.org/audio/features/20140210_features1219.mp3
(snip)
Update 4:40 p.m. Video evidence introduced, a few seconds shown
Santa Ana police detective Roland Andrade took the stand after the afternoon break.
Andrade testified that he interviewed three people about the incident; he identified witnesses in court as Beverly M, Aaron R and Jason L. (Pino continued to use initials only for the last names of witnesses that had been interviewed after the altercation during the hearing, but defense attorneys used the last names).
Andrade testified, on questioning from DA Troy Pino, that Aaron R had observed the fight through his cell phone as he recorded the altercation.
Andrade: "He (Aaron R) indicated on female kicked Ms. Pham and that a second woman came and kicked Pham on the ground and that kick knocked her (Pham) her out."
Andrade testified that Aaron had a total of four recordings of the altercation, including two that were recorded after paramedics arrived.
Pino introduced the video into evidence that was recorded by Aaron R. It was not shown in the courtroom.
Pino: "Did you contact a Jason L?"
Andrade: "Yes, he was in line at The Crosby and described the Hispanic female saying something similar to 'excuse me' in a somewhat sarcastic manner and (Pham) responded with obscenities Ms. Pham broke free from two members of her party and then struck one of the Hispanic females."
After he was shown a photo array, Andrade said Jason L recognized Zavala as being there (at the altercation) but he did not recognize Brito or identify either as having kicked Pham.
(snip)
Before the hearing continued, Orange County Superior Court Judge Thomas J. Borris adjourned for the day. The preliminary hearing resumes at 9:15 a.m. Tuesday in Westminster.
Much more @ Link
http://www.scpr.org/news/2014/02/10/42058/kim-pham-beating-preliminary-hearing-set-for-monda/
IMVHO, it is borderline unethical that the defense attorneys choose to identify the witnesses by their full names in open court, when the DA has redacted their names for the record to protect them. I feel this is to intimidate them, and keep other potential witnesses from coming forward. Shame on them! KPCC has chosen to keep their names redacted (first name, and first letter of surname only) in their online publication. I hope all other news media outlets follow suit. :twocents:
Embedded KPCC Audio Report - Ed Joyce
http://media.scpr.org/audio/features/20140210_features1219.mp3
zwiebel
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There was also an updated article in the OC Weekly, which is free to view. The number of blows that caused such massive bleeding in Kim's brain - at least five - is telling. She was 5'1" and weighed 85lbs.
Placing an undercover detective in the cell seems a really high-risk strategy from a legal point of view, but I guess it's okay, as the trial has continued? One of the witnesses seems to have identified the third suspect, who hasn't been charged. It's confusing.
http://blogs.ocweekly.com/navelgazing/2014/02/kim_pham_patricia_navarro_jail.php
Placing an undercover detective in the cell seems a really high-risk strategy from a legal point of view, but I guess it's okay, as the trial has continued? One of the witnesses seems to have identified the third suspect, who hasn't been charged. It's confusing.
http://blogs.ocweekly.com/navelgazing/2014/02/kim_pham_patricia_navarro_jail.php
zwiebel
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I was wondering why none of the updated articles are reporting on today's hearing - I was forgetting the huge time difference for me. It's still early afternoon in CA. This is the lates updated news I have found.
http://www.nbclosangeles.com/news/l...kim-pham-detective-admits-wire-244823021.html
http://www.nbclosangeles.com/news/l...kim-pham-detective-admits-wire-244823021.html
kimi_SFC
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Women Charged in Kim Pham Beating Death Ordered to Stand Trial
The two women accused in the beating death of 23-year-old Kim Pham were ordered to stand trial on murder charges following a preliminary hearing Tuesday.
(snip)
After a two-day preliminary hearing, a judge found there was sufficient evidence for the women to be tried on the murder charges.
(more@link)
http://ktla.com/2014/02/11/preliminary-hearing-in-kim-pham-beating-death-to-continue-tuesday/#axzz2t3k6jD4F
#JusticeForKim
The two women accused in the beating death of 23-year-old Kim Pham were ordered to stand trial on murder charges following a preliminary hearing Tuesday.
(snip)
After a two-day preliminary hearing, a judge found there was sufficient evidence for the women to be tried on the murder charges.
(more@link)
http://ktla.com/2014/02/11/preliminary-hearing-in-kim-pham-beating-death-to-continue-tuesday/#axzz2t3k6jD4F
#JusticeForKim
kimi_SFC
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ETA:
(snip)
3:29 p.m.: After preliminary decision, attorneys duel in separate press conferences
Orange County Deputy Dist. Atty. Troy Pino said the Borris made the right call.
Cellphone video played during the preliminary hearing clearly shows Zavala and Brito kicking Pham, he said.
(snip)
The next hearing on the case will be Feb. 21 in Westminster.
Here is today's events via KPCC:
KPCC
(snip)
3:29 p.m.: After preliminary decision, attorneys duel in separate press conferences
Orange County Deputy Dist. Atty. Troy Pino said the Borris made the right call.
Cellphone video played during the preliminary hearing clearly shows Zavala and Brito kicking Pham, he said.
(snip)
The next hearing on the case will be Feb. 21 in Westminster.
Here is today's events via KPCC:
KPCC
rachaellouise
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Glad to see some justice in this case!
This was a very moving article. The defense can keep trying to blame the victim al they want. I know Pham was not perfect. But they will never convince me that she instigated this or that those creeps were simply defending themselves.
The Crosby is not a place that has regulars. I'm glad they shut down. Potential witnesses were not going to wander in and suddenly confess they saw something. And if they did, the heartless staff at the Croaby would've kept their mouths tightly closed.
You know, I don't know the answer to this. They didn't let her testify as to what Zavala said. But I've heard of this tactic used before.
SlowMotionApocalypse
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It certainly makes the victim less sympathetic after hearing she threw the first punch and took a member of other party to the ground [modsnip].
LambChop
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Where did you hear she threw the first punch? Do you have a link?
SlowMotionApocalypse
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Pretty much every news report in the last several days but here's one
http://www.latimes.com/local/lanow/...-death-20140211,0,1723550.story#axzz2tDdMPwCT
Cellphone video shown in court shows Pham throwing what investigators said was the first punch of the fight. Pham is also seen straddling and hitting a woman on the ground.
Reed identified that person as Amelia Avila, a woman whose photograph was distributed by police as a person of interest in the case.
* * * * * *
I have been wondering why Avila still hasn't been arrested but maybe the most they could charge her with is assault [modsnip].
kimi_SFC
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OC Senior DA Troy Pino says it best,
"It doesn't matter whether she was the initial aggressor. The bottom line - is that she was on the ground - ON THE GROUND - and defenseless when these two defendants kicked her in the head - and that's what killed her."
NBCLA - Hetty Chang's Video Report -
http://www.cozitv.com/video/Two-OC-Women-Will-Stand-Trial-For-Fatal-Bar-Brawl/nosubtitle/245086801
The case was recently featured on KPCC's Take Two:
"Ms. Brito throwing two very hard punches to the left side of Ms. Pham's head while Ms. Pham is engaged in mutual combat it appears with Ms. Zavala. At that point while Ms. Pham's companions come to her aid and try to help her out. And then, you see Ms. Brito go around the pack if you will and come in and give two very hard kicks. And then, when she's pushed away then in comes Miss Zavala, again delivers a very hard kick. At that point Ms. Pham goes limp, never recovers consciousness, and dies."
TakeTwo - KPCC
It is probably fair to say both sides contributed to the escalation of this tragic incident. Kim wasn't perfect. None of us are. However, I will never believe that she did anything to deserve losing her life that night.
Both groups were engaging each other, and the clip of OC Senior DA describes at least two (Zavala and Brito) on one (Pham). Self- defense applies in the case of imminent danger, and Kim weighed only 85 pounds at the time of her death. In the worst of circumstances, the moment she was on the ground, the threat was neutralized in a one-on-one situation. However, Kim was outnumbered.
Premeditation can be formed in an instant, so I am of the opinion that this is NOT a heat of passion incident. The defendants could have walked away, but they chose not to. Instead, they chose to continue the beating, and kicked Kim three times, killing her. It's on video, according to Pino's statement in the audio clip linked above.
There should be consequences and repercussions for those decisions, and I hope they are held accountable for the very adult choice of not walking away once the 5'1", 85 pound threat was neutralized. Kim paid with her life. They should at least pay with their freedom for taking it. :moo: :twocents:
"It doesn't matter whether she was the initial aggressor. The bottom line - is that she was on the ground - ON THE GROUND - and defenseless when these two defendants kicked her in the head - and that's what killed her."
NBCLA - Hetty Chang's Video Report -
http://www.cozitv.com/video/Two-OC-Women-Will-Stand-Trial-For-Fatal-Bar-Brawl/nosubtitle/245086801
The case was recently featured on KPCC's Take Two:
"Ms. Brito throwing two very hard punches to the left side of Ms. Pham's head while Ms. Pham is engaged in mutual combat it appears with Ms. Zavala. At that point while Ms. Pham's companions come to her aid and try to help her out. And then, you see Ms. Brito go around the pack if you will and come in and give two very hard kicks. And then, when she's pushed away then in comes Miss Zavala, again delivers a very hard kick. At that point Ms. Pham goes limp, never recovers consciousness, and dies."
TakeTwo - KPCC
It is probably fair to say both sides contributed to the escalation of this tragic incident. Kim wasn't perfect. None of us are. However, I will never believe that she did anything to deserve losing her life that night.
Both groups were engaging each other, and the clip of OC Senior DA describes at least two (Zavala and Brito) on one (Pham). Self- defense applies in the case of imminent danger, and Kim weighed only 85 pounds at the time of her death. In the worst of circumstances, the moment she was on the ground, the threat was neutralized in a one-on-one situation. However, Kim was outnumbered.
Premeditation can be formed in an instant, so I am of the opinion that this is NOT a heat of passion incident. The defendants could have walked away, but they chose not to. Instead, they chose to continue the beating, and kicked Kim three times, killing her. It's on video, according to Pino's statement in the audio clip linked above.
There should be consequences and repercussions for those decisions, and I hope they are held accountable for the very adult choice of not walking away once the 5'1", 85 pound threat was neutralized. Kim paid with her life. They should at least pay with their freedom for taking it. :moo: :twocents:
mister happy
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To be honest, I'm surprised and disappointed that Pham supposedly started the brawl and was actively involved in it. The notion in my mind: A newlywed college grad and aspiring writer would not resort to such violent nonsense. However, in real life "stuff" happens. The bottom-line IMO: Pham was fatally stomped in the head by one or more people. At the very least, this is a manslaughter case. May justice prevail.
Of course you are correct that she did not do anything to deserve losing her life that night.
However, prepare yourself for the fact that it will make a difference in this case.
There are many factors at play here. First and foremost, this is Orange County. The same jury pool that just acquitted two cops when their murder of Kelly Thomas was on tape and played for the jury.
Kelly Thomas did nothing to deserve losing his life that night either, but the cops who murdered him, on tape, are walking free.
I am not saying that in this case there will be an acquittal. The accused are not cops so they don't have free reign to murder without repercussion.
But the outcome may be one that some people are going to be very dissatisfied with.
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