Friday, 25 May 2012

BÀI DIỄN VĂN LÝ TỐNG DỰ ĐỊNH SẼ ĐỌC SAU KHI TÒA TUYÊN ÁN (Việt Vùng Vịnh)




Thursday, 24 May 2012 19:20

ĐÂY LÀ 2 BÀI SẼ ĐỌC KHI ĐƯỢC TUYÊN ÁN.
NẾU THẮNG: CHỈ ĐỌC PHẦN CHỮ MÀU ĐEN.
NẾU THUA: ĐỌC TOÀN BỘ BÀI CHỮ MÀU XANH + MÀU ĐEN

Honorable Jurors:

Today is my happiest day because right at this moment, right after you’ve read the verdict, I have enough evidence to get rid of the heaviest burden from my soul and my mind, of the most serious crime I thought I have committed when I was always obsessed with the suspicion that the Justice system of the world’s most advanced, most democratic, justest, fairest leading superpower such as the USA, which holds the globe’s balance of justice in its hand and which is the arbitrator helping solve all the injustice anywhere and everywhere, has been, is and will be a corrupt and demoralized one. Yes. The corruption of its system and the demoralization of its staffs are not only originated from the law which protect those who enforce it, no matter wrongly or rightly, but also from its potential victims, the people, who cannot overcome the fear all their lives: Fear of revenge, fear of retaliation by its suppression tools: Either the judge, the prosecutor or especially the police.

Honorable Jurors.

You have just bypassed a precious opportunity to stand up to break the shackles and chains to liberate not only a freedom fighter, a justice defender but yourselves, your offspring; your descendants, your posterities. You’ve justdeliberately or indeliberately lent your hands to keep the corrupt system alive. We did change the Police Chief, we did change the District Attorney, but nothing changes because it’s merely “Old wine in a new bottle!” We did notroot out its major causes: Bad apples in its force.

Extremism in the defence of liberty is no vice. Moderation in the pursuit of justice is no virtue.” (Barry Goldwater's acceptance speech at the 1964 Republican Convention.) Two weeks have passed and you have been watching witness after witness testifying before this court under oath besides me. You don’t need to believe me or anyone. You only need to believe your own eyes and your own ears. If a picture speaks a thousand words, a video must speak a million words due to its vividity. Did you see or hear any of these imaginary sounds and images by your own eyes and own ears in the photos and video presented as evidences? Contrary to all the perjury which fabricated that a half or ¾ of audience; that means 300 to 400, were running out of the theater coughing, sneezing, itching, irritating, having red blood shot eyes… due to pepper spray effects, the audience only began to leave the theater after the emcee had announced at 8:12, 4 minutes after the spray took place, that “We could take a 5 minutes break.” A police incident recall also recorded that “Crowd is going outside at 8:13 PM”, 5 minutes after the spray. In the meantime, pictures of photographer Huynh Minh Nhut indicated that the majority of audience still stayed at their places until 8.18 PM and 8:19 PM; that means 10-11 minutes after the spray. The footage of Convention Center camera showed all the audience leisurely walked out of the theater to take a break or to go to the restroom as usual. That’s why I meant there was a conspiracy and I waited until the day I testified under oath to unmask it. The conspiracy was carried out step by step. The first step was to fabricate the impact of pepper spray on the audience’s health. The second step was to destroy my perfume bottle, the evidence to prove that my spray was a mix of perfume and fish sauce. The third step was for Sergeant Nguyen to delete all data relating to his investigating me from his recorder by saying that his recorder was out of order one year ago so he could falsely claim that I admitted to him that I did spray Singer Hung with pepper spray. The fourth step was to request the Lab to check whether chemical in two canisters confiscated from my body was pepper spray instead of checking the liquid sample collected from singer Hung’s face, weighing pepper spray canisters or put their nozzles under a microscope to check whether there was any remaining of pepper spray in one of them to know which one was used to spray. This test sounded like the one in which 2 guns were brought to the lab to test whether they were real guns or toy guns instead of checking which gun barrel left its mark on the bullet and was used to kill the victim. The fifth step was to ask the Convention Center witness to conceal or to destroy the footage of a camera which recorded the brutality of police in my case. And the sixth or last step was to brief Tony Ninh and Phan Au how to testify the imaginary impact of pepper spray on their health in accordance with police description in order to accuse me with a false charge of using pepper spray against singer Hung. Suppose that if a notorious Nazi came to a Jew community or a notorious KKK to a black community to challenge them, what they would spray might be acid or bullet not fish sauce.

Why I did not spray the female singer although she came from communist Vietnam ? If I spray anyone here even with water, I will plead guilty of a felony, not a misdemeanor. I came in the theater with a ticket to stop a crime, not to commit a crime because singer Hung is a criminal. He’s a spearhead of communist cultural attack in a devide-and-rule policy of communist Vietnam . When the communists control the Vietnamese-American community, they will do harm to Americans and America . He’s also a criminal because he’s an illegal worker and a tax evader. He came here 40 times with a tourist visa, making 12.000 dollars a night without paying any tax.
He’s a dangerous attacker. America is our second and last home. We have no other place to escape. If someoneintrudes your house with intent to do harm to you, you have to react to defense yourselves. Please compare my violation with the police’s crime of perjury. Which one is more serious and needs to be punished? In the instance in 1998, police arrived at Cau Bich Tran's house in San Jose , responding to a domestic disturbance call. They sprayed her with bullets after mistaking her vegetable peeler for a cleaver. In the later incident, relatives were shouting “don’t kill him, he’s mentally ill!" Yet Daniel Pham was sprayed with bullets 5 times and killed and then handcuffed within 3 minutes of police response to a call asking for assistance because the victim had brandished a knife. In 2009, If Phuong Ho’s case was not caught on video and circulated across the globe through major news outlets and social media sites which showed, in between groaning cries of pain and calls for mercy, the cracking sounds of the batons on his head and body, and the torturous zapping of a Taser gun, he would already be put in jail, not receiving 300.000 dollars for his damage. If Rodney King was not caught on video, he would also be put in prison instead of receiving 3 million dollars for his damage. If I did not have photos and video to prove police’s blatant perjury, I would surely receive 6 year sentence for 4 felonies and one misdemeanor. Mercury News has reviewed 206 court cases in which the most serious charge against the defendant was a violation of California Penal Code section 148. Of those, 145 — 70 percent of the cases — involved the use of force by officers… Last year, a year in which 117 cases were filed, the department did not "sustain" a single complaint. The city has paid $861,778 to settle 10 lawsuits charging San Jose police with excessive force that have been filed since 2004, city figures show.

What you’ve decided is not only to help a victim of police’s brutality and perjury to have a fair trial but also to help yourselves and your own children in the future because after my turn would be yours, sooner or later, if unfortunately you get into trouble with the police. Everybody needs to put a hand in this fight against injustice and police tyranny until we won’t feel unsafe, unsecure each time we encounter a police around us. That means you need to request the prosecution of all perjuring witnesses, put them in jail, get these bad apples fired from police force as well as charging concert promoter Tony Ninh with more crime: Hiring illegal workers and evading tax, but in fact, you went on the opposite direction, convicting an innocent and supporting the criminals of perjury.

If you could have used your juror power effectively in my case, I would have never had to say I’m sorry with a list of sorry reasons as followed:
1. I’m sorry that I had to do a petty mission which did not deserve my status as Mr. Impossible, because I always did what others could not, but this mission even kids could do easier and safer than I.
2. I’m sorry because I’m a coward, who dared not choose the hard way to stop the communist cultural attack once and for all because of my own safety in the time when more than a hundred thousand people had already stood up to fight for their homeland’s freedom and had fallen in the Jasmine Revolution in Africa and the Middle East.
3. I’m sorry that the US government agreed to sign a one-way treaty of cultural exchange in which communist Vietnam could send their artists and works to the USA to poison our children and divide our community while we could bring nothing into Vietnam without being arrested and imprisoned because all cultural materials other than communist ones are to be called and judged as “depraved and reactionary” stuffs.
4. I’m sorry that when the government did not care to protect its citizens and we had to defend ourselves for our survival, we would be charged with all kinds of crimes on behalf of the American people but in fact on behalf of the enemy 58.000 American fallen heros had fought against.
5. I’m sorry that the man of the second anti-communist Vietnamese political refugee generation in the police uniform such as Sergeant Kiet Nguyen could not be fair and unbiased when he tried to dramatize the rash on the chest of a communist singer and belittle the deep cut on the eyes of a freedom fighter as a small bump with the intention to favor his compatriots’ enemy.
6. I’m sorry to tell you that Sergeant Hosman, a police who has been charged by a piches witness of his wrongdoings had used his sick mind to change my statement from a second pepper spray was inside my panties into a dirty word such as, I was shocked when I read it and I apologize all of you before I read again his statement: “Suspect said a pepper spray device was attached to his penis!” Then in his later report he changed into “I was told that there was another can taped to his crotch area.” And finally, he came back with my real statement: “The second can of pepper spray was removed from his panties prior to transport by Officer Lutz.”
7. I’m sorry that the justice system defines an attack only in physical domain and disregards the most serious ones in mental and cultural domains, and in the time of the country’s hardship, it was willing to waste time, money and manpower to turn a petty and nonsense violation into 5 counts of felony against a spearhead of the communist cultural attack.
8. I’m sorry that the laws and the government allow the police to use the “deadly weapon” to quell all peaceful demonstrations of its citizens along the US history.
9. I’m sorry to say that police in backward countries such as Vietnam and Thailand are not coward enough to beat a suspect and then charge him with resisting arrest to justify their brutal actions as US police do to their citizens such as banging the head against the metallic bars mercilessly causing a deep cut with half a liter of blood gushing out but claiming either a small laceration or even a small bump!.
10. I’m sorry to know that the most sacred place of the country, the COURT, has become the platform where the police, the noble force protecting the country’s laws and people, blatantly commit perjury and can get away without being punished for their wicked conspiracy. Police must be the Guardian Angel of the people, not mercenaries for hire. Police should not be a cause of insecurity and unsafety to the people.

This is a political act, not a criminal act. “Injustice anywhere is a threat to justice everywhere.”Injustice in the USA is a thread to mankind future and conscience.

Thank you Honorable Jurors.

LY TONG




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