GUILTY CA - Annie Hung 'Kim' Pham, 23, dies from beating outside Santa Ana nightclub

  • #141
  • #142
https://www.facebook.com/justiceforkimpham?v=timeline&filter=1&refid=17

I realize that FB posts are not allowed. However, 5 people received organs from Kim Pham and I just wanted to share this. What a wonderful gift she left those 5 people. IMO

As some of you know, I hold an opinion contrary to the popular opinion expressed in this thread. The fact that the judge disallowed testimony from Officer Navarro at the pretrial hearing is an indication of irregularities in the prosecution of this event. Don't take just my word. If you can get hold of a transcript of the interviews, pretrial hearings, and the trial itself, read them carefully. See if you can recognize the same failures of logic that I see. Defendants have a Constitutional right to presumption of innocence and a right to a fair trial. The delay and lack of public notice may be a result of other jurisdictions taking an interest in this trial.
 
  • #143
As some of you know, I hold an opinion contrary to the popular opinion expressed in this thread. The fact that the judge disallowed testimony from Officer Navarro at the pretrial hearing is an indication of irregularities in the prosecution of this event. Don't take just my word. If you can get hold of a transcript of the interviews, pretrial hearings, and the trial itself, read them carefully. See if you can recognize the same failures of logic that I see. Defendants have a Constitutional right to presumption of innocence and a right to a fair trial. The delay and lack of public notice may be a result of other jurisdictions taking an interest in this trial.

I don't recall the media reporting past the sidebar after Officer Navarro gave pre-trial testimony.

Do you have access to transcripts and/or doc dumps? Otherwise, they aren't freely available for us to review.

Your post is intriguiging, but I have to admit, I am confused. One cannot discuss what you are asking without having the same access to info that you do - so please enlighten us.

TIA....


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  • #144
Please give me a week. When I first started following this event, I was a casual observer only. I had no idea that someday I would be required, for Kim Pham's benefit, to write a publication-quality, annotated, persuasive document. 1. I did not keep a log of my sources (mostly Orange County Register and Webslueths thread). 2. Because of my location, my home-office Internet connection is unreliable and, when connected, very slow. Reading the literature again will be time consuming. 3. Some of the significant stories are not in the archives. I know that at least 6 stories were published in the OCR after May 25, but only one is included in the Nightclub beating topic archive. 4. Most difficult, I know what "justiceforkimpham" means to Kim Pham. I am not at liberty to tell you what this is word for word. I will have to persuade you item by item from the available documents. If I fail to persuade you, I fail. I am working for Kim Pham, not for you and not for myself.
 
  • #145
I have been following this closely.

The original impression based on first reports suggested it was a 5 on 1 assault that ended with death by headstomping. Subsequent reports are now giving me the impression it really was a melee type situation with multiple fights out front. If that's what happened and it was just one kick to head, it may be difficult to prosecute. Probably the sort of thing that could be shuffled aside due to lack of evidence if it weren't so high profile.

I am curious about any possible toxicology results from the autopsy.

http://www.[link removed]/1110249/k...friends-avoiding-police-over-nightclub-death/

file: webslueths promise

I am now a participant in this event. My real name may be used similar to the use of Katie Nguyen's name. I spent 5 hours in the Sanctuary of Blessed Sacrament Catholic Church, Westminster, for the sole purpose of contemplating Kim Pham's present situation in a place familiar to her. If given sufficient advance notice, I will make the effort to attend the next court session of the trial.

Here is a result of my search for documents subject to hard (electronic) copy documentation and subject to third party verification.
__________________________________________________


me
To
Claudia Koerner

Jul 14
To Ed and VIk also.
You are following many stories; I am following only one.
If I am to continue reading, I need to know that there is something to read.
I have read 3 articles mentioning the "Nightclub Beating Death." *The bylines were Nancy in Food, Claudia, and Ed. I just looked, and these three articles have not been added to the "Nightclub Beating Death" archive prominently displayed on the "Crime" page. *This leads me to believe I may have missed other articles published after May 5. *Is this true (modsnip)


Hide message history
On Thursday, July 10, 2014 7:01 AM, (modsnip) wrote:


Thank you for the additional information.
I will continue reading without comment.*

(modsnip)

On Jul 9, 2014, at 16:56, Claudia Koerner wrote:

(modsnip)

Sent: Wednesday, July 09, 2014 4:22 PM
To: Claudia Koerner
Subject: Pham, Zavala, Brito continuing missing information
*
Ed Hartley has my previous comments on this subject.
*
Webslueths.com member, slowmotionapocalyse, and I still have an unanswered question from the very beginning: What was Theresa Annie Hung Kim Pham's state of intoxication when she arrived at The Crosby? *Neither side has offered an official toxicology report giving*Theresa Annie Hung Kim Pham's BAC.
Failing the existence of an official toxicology report, can you watch for and report answers to the following 2 questions:
1. How much celebratory alcohol did*Theresa Annie Hung Kim Pham consume at her residence before the group went out to The Crosby?
2. Did Amelia, the combatant on the ground, think that the violent (drunk or sober)*Theresa Annie Hung Kim Pham was both willing and able to kill her (Amelia) with her (Theresa Annie Hung Kim Pham's) bare hands?
Please regard my impatience with this glaring lack of relevant information in all reports including yours,
Bruce E. Grimes * *
*
_________________________________________________________________________________________________



Issue 1:
For slowmotionapcolyse:
As expected, a toxicology report for Kim Pham does exist.
As expected, the toxicololgy came to light during the trial.
As not expected, the report was given by a doctor - not the forensic examiner.
As not expected, the report was not included in the newspaper article about the day in court.

Issue 2:
Articles missing from the archive:
My e-mail mentions 3 specific articles missing from the specific story archive. I remember at least 5. The July 9 article by Claudia Koener and an immediately subsequent article reporting the cross examination of the defendants are essential to my documentation of my assertions.

Issue 3:
A request:
Did an intentional webslueth capture these two articles in such a way that these articles may be added to the Kim Pham thread in their entirety, not just as a link?

Issue 4:
Cause of the delay in sentencing:
On the assumption that the State of California Attorney General and the Federal Bureau of Investigation Fair Trials Unit have access to the transcripts of these criminal proceedings in a way that we do not, I sent a list of allegations to each agency. If these agencies, either on their own initiative or on my request, are investigating the list of allegations, such investigation activity could be a cause for the sentencing being postponed.
 
  • #146
  • #147

In Junior High School Geometry, the student is required to structure each project with a "Given:" statement, a "To Prove:" statement, a "Proof:", and a "Conclusion:". We offer the community our initial statements. Given: 23 articles in the OCR search, the e-mail from Claudia Koener, and this Webslueths thread. To Prove: Vanessa Tapia Zavala is not, but by rights, ought to be just as free and untainted as Emilia Calderon. The offered Proof will focus on 4 issues: 1. Unconstitutional, pervasive, pretrial presumption of guilt, 2. Evidence tampering, 3. Self-declared incompetence of the forensic medical examiner, and 4. Accusations of criminal perjury in a murder trial. We give the community a week to contemplate our intensions. In order to get you stared with as few words as possible, we refer you to article 6 ('I didn't kick her,' defendant testifies in Crosby nightclub death trial) in the OCR search list, words, "On cross-examination, Deputy District Attorney Troy Pino suggested Zavala’s story was a lie concocted to explain a video that shows her kicking someone" and "I’m not sitting here lying. … This is what happened,” said Zavala." I see these two quotes to be two sworn-before-a-judge-in-open-court, eye-witness accusations of the high crime of perjury in a murder trial. Each accused has a Constitutional Right to a fair trial. Each accused has a Constitutional Right to be presumed innocent until proven guilty. The word, "suggested," presumes Zavala to be innocent. Santa Ana Police Detective Paricia Navarro (18.Santa Ana nightclub beating: Victim started fight, detective ...) is a key witness to the facts of these two accusations.
 
  • #148
Modsnip acknowledged - I will ask permission.
 
  • #149
I had enough notice to make arrangements to attend the proposed sentencing session this morning at 9:00am. I have now seen Goethals, Molfetta, Zavala, and Brito in person. The only business accomplished in the session was to reschedule for November 17, 2014, at 8:30am, Room C45, 700 West Civic Center Drive, Santa Ana, CA.<Mod Snip>
 
  • #150
http://mynewsla.com/orange-county/2...ison-terms-for-fatal-brawl-outside-nightclub/

Two women were sentenced to six years in prison Friday for their part in a brawl outside a Santa Ana nightclub that killed a 23-year-old woman waiting to get inside.

Candace Marie Brito, 27, and Vanesa Tapia Zavala, 26, were convicted of voluntary manslaughter and assault with force likely to cause great bodily injury for the Jan. 19 melee outside the Crosby Bar and Nightclub that killed Kim Pham.
 
  • #151
Kim Pham trial: Women get 6-year terms in nightclub brawl death | 89.3 KPCC

Two women convicted of fatally kicking and beating a 23-year-old woman in a brawl outside a nightclub were each sentenced to six years in prison on Friday.

Candace Brito, 27, and Vanesa Zavala, 26, were earlier found guilty of voluntary manslaughter and assault in the death of Annie Kim Pham, an aspiring writer who died two days after the January fight when she was taken off life support.

Both cried as Orange County Superior Court Judge Thomas M. Goethals imposed the punishment. The judge also was calculating credit for time served and restitution to be paid.

(More@Link)

http://www.scpr.org/news/2014/11/14/48074/kim-pham-trial-women-get-6-year-terms-in-nightclub/


----
Six years. They got away with murder. Unbelievable. This is not justice. Not even close. :cow:

----

:rose:


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  • #152
  • #153
Kim Pham trial: Women get 6-year terms in nightclub brawl death | 89.3 KPCC

Two women convicted of fatally kicking and beating a 23-year-old woman in a brawl outside a nightclub were each sentenced to six years in prison on Friday.

Candace Brito, 27, and Vanesa Zavala, 26, were earlier found guilty of voluntary manslaughter and assault in the death of Annie Kim Pham, an aspiring writer who died two days after the January fight when she was taken off life support.

Both cried as Orange County Superior Court Judge Thomas M. Goethals imposed the punishment. The judge also was calculating credit for time served and restitution to be paid.

(More@Link)

http://www.scpr.org/news/2014/11/14/48074/kim-pham-trial-women-get-6-year-terms-in-nightclub/


----
Six years. They got away with murder. Unbelievable. This is not justice. Not even close. :cow:

----

:rose:


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BBM: I agree! It's heartbreaking. 6 years? They will be out in 3. And they were also ordered to pay "a combined $3500.00 in funeral costs to the family". Has anyone seen the cost of funerals? They truly got a slap on the wrist. Shameful.
 
  • #154
Confused about the sentence. Is that 6 years in addition to the year they've already served in jail? Or is it 5 years plus the 1 year served? When they be up for probation? Hoping these two thugs will be behind bars for at least 4 more years!
 
  • #155
UPDATE: Vanesa Zavala, Candace Brito Sentenced to Six Years in Prison for Kim Pham's Death | OC Weekly

75577e01ae2931cbb5663002c13ad042.jpg


(snip)
UPDATE Nov. 14 12:33 p.m.:
The sentencing and Goethals' extended explanation of his decision came after six victim impact testimonies were given. Pham's friends and family took the podium to tearfully explain how her death had affected their lives.

"The pain is beyond repair," said KN (redacted), Pham's older sister. She had to explain to her parents what had happened on their way to the hospital. "The day Kim died, so did a piece of myself."

Her relatives and friends spoke of depression and a future unfulfilled -- nephews that will never their aunt, weddings left unattended, relationships left broken. JP (redacted), Kim's father, gave the final statement.

"I think the world has everything, but the world doesn't have my daughter," he said tearfully. He went on to thank the court and all of the lawyers for their conduct during the trial, and specifically defense attorneys Kenneth Reed and Michael Molfetta for empathizing with him and apologizing for what happened.

Following the impact statements and legal arguments made by the attorneys, Brito and Zavala spoke. Both began to cry as they expressed how deeply sorry they were -- how they prayed for Pham's family and even to Pham for forgiveness.

"If I could change it all, I would," Brito said as she began to descend into tears. "I will live with this for the rest of my life."

After the verdict was announced, there was no joy, just more mourning. Brito and Zavala received six years in state prison, the middle sentence for their crime. Though both aggravating factors (which would have demanded a higher sentence) and mitigating factors (which would have required a lower one) existed, Goethals decided that they cancelled out.

Prosecutor Troy Pino was not surprised by the sentence, fully expecting the outcome. "I understand the judge's sentence," Pino said, "He's the sole sentencing authority, and we have to respect that."

JP (redacted), the patriarch of the family, found no joy in the sentencing, hoping instead that his family's loss could at least prevent future violence from happening.

"Any sentence the judge decided would have been the same for me," he said. "The most important thing is that my daughter cannot be brought back. I really want everybody who is angry to think about this case. Like I said in the courtroom, Mrs. Zavala and Brito knew who my daughter was, and what she did, what she thought, they wouldn't have done that.

"I appreciated [what they said]," he said when asked about the defendants praying for Kim's family and to Kim for forgiveness. "I feel good when I heard that."

MuchMore@Link


http://blogs.ocweekly.com/navelgazing/2014/11/brito_zavala_kim_pham_sentence_guilty_trial.php




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  • #156
Reading the OC Weekly quote Kim's father restores my faith in humanity.

Amidst this insane world in which he lost his beloved daughter, he is able to express his wisdom, his ability to forgive.

Gosh, I am struggling put it into words. :(

He reminds me of my elders, and literally epitomizes the word. In our culture, they garner our respect, for their knowledge of life, gained through life experiences. He has suffered great losses, and yet he has not allowed them to embitter his heart or soul.

I hope I can find it in my heart to reconcile what happened to Kim on that January night with the justice that has been meted out. I admit, I am not there yet. :no: :sigh:

Kim, her entire family, and everyone who loves her, remain in my thoughts and prayers.

:rose:
:candle:







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  • #157
I was again present in Court Room C45 on November 14, 2014. I came early and left late.
 
  • #158
  • #159
Active respect for the Victim Impact Statement made by DJP on November 14, 2014 continues.
 
  • #160
FYI: Driven by the Victim Impact Statement made by DJP on November 14, 2014, "TRUTH for Mrs. Xu Theresa Annie Hung Kim Pham Khanh" is still in active pursuit of release with complete exoneration for VTZ and CMB. The next peaceful march petitioning redress for wrong will be December 17, 2015, the day of the month the event started in Huntington Beach. The march will again visit 9 auspicious street intersections.
 

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