Tag: AAVTF

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AABANY Congratulates Jennifer H. Wu on Testifying before the U.S. Commission on Civil Rights on the Federal Response to Anti-Asian Racism

On March 24, 2023, the U.S. Commission on Civil Rights (USCCR) organized a briefing to address the federal government’s response to anti-Asian racism in the United States. Jennifer H. Wu, Co-Chair of the AABANY Women’s Committee and a member of the AABANY Anti-Asian Violence Task Force, provided her testimony during the session. Jennifer highlighted the fact that none of her pro bono clients, who were victims of well-known anti-Asian hate crimes, had ever reported the crimes to federal agencies. “I am here, because I became a civil rights lawyer,” Jennifer declared, “because there has been no federal response to anti-Asian racism.”

During her testimony, Jennifer emphasized the importance of reading AABANY’s reports on anti-Asian violence in 2021 and 2022 to understand “the response from the local community to people in our community dying.” She acknowledged the precipitous rise in anti-Asian hate crimes in New York City and the growing atmosphere among of fear within the AAPI community during the pandemic. Jennifer called for comprehensive support for victims, including providing and advocating for qualified and experienced interpreters in interactions with the police and improved training and education. In addition, “[the] victims need wraparound services [such as] people to help them with [setting up a] Go Fund Me. In order to withdraw funds, you need [a] Social Security number from the United States as well as [a] bank account [in] the United States. They also need [the] ability to apply for U visas if they are undocumented. They need help with healthcare.” Jennifer, herself a daughter of immigrant parents and a mother of three children, expressed her deep “yearn[ing] for a better future.” 

AABANY extends our congratulations and gratitude to Jennifer for her outstanding efforts and advocacy work in support of the AAPI community during a most difficult and challenging time. Her invaluable pro bono work advising and assisting survivors and victims of anti-Asian violence in New York over the past few years were recognized with a Member of the Year Award at AABANY’s 2023 Annual Meeting. We commend her for her dedication and commitment.

To view the full hearing before the USCCR, please click here. 

To view the highlights of AAPI leaders who testified: 

  • Jo-Ann Yoo, Asian American Federation
  • John Yang, Asian Americans Advancing Justice
  • Cynthia Choi, Chinese for Affirmative Action
  • Jennifer Wu, Asian American Bar Association of New York
  • Manjusha P. Kulkarni, AAPI Equity Alliance

please click here. Thanks to Commissioner Magpantay for sharing the highlight video.

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AABANY Files Comments in Response to the March 24, 2023 Public Briefing on the Federal Response to Anti-Asian Racism in the United States

The Asian American Bar Association of New York (AABANY) submitted a letter on April 24, 2023 to the United States Commission on Civil Rights (USCCR) expressing concern about the ongoing issue of anti-Asian hate and violence in the United States, particularly in New York. In the letter, we highlighted the increase in incidents during the COVID-19 pandemic and outlined the efforts of AABANY’s Anti-Asian Violence Task Force (AAVTF) in addressing these issues, including hosting webinars, publishing reports, advocating for legislative changes, and providing resources to support victims. While we appreciate the USCCR for drawing attention to anti-Asian crimes, we believe that there is much more work to be done. AABANY presented three recommendations to combat anti-Asian hate crimes: improved hate crime data reporting, recognition of the community as a victim and investigative partner, and appropriate training for prosecutors and law enforcement. We emphasized the importance of collaboration between the government, law enforcement, and community organizations to ensure the safety of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community.

To read AABANY’s public comment in its entirety, please click here. AABANY gratefully acknowledges the efforts of Chris Kwok, Issues Committee Chair, and AABANY Student Leaders Jinny Lim, J.D. candidate, Seton Hall Law School ‘24, and Catherine Tran, J.D. Candidate, Columbia Law School ‘25, in preparing this submission.

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AABANY Anti-Asian Violence Task Force Attends the Sentencing of Tammel Esco

On November 29th, AABANY’s Anti-Asian Violence Task Force (AAVTF) led by Chair Elaine Chiu and member Jim Lin, attended the sentencing of Tammel Esco in support of the survivor of a horrific act of hate that took place in Yonkers on March 11, 2022. AAVTF member Jennifer Wu represented the survivor pro bono as the case against Esco proceeded through the courts and accompanied the survivor, together with co-counsel Johan Tatoy (also an AABANY member) at the sentencing.

Tammel Esco was arrested after he brutally beat a 67-year-old Filipino-American woman at the entrance of her Yonkers apartment. Esco pleaded guilty to the charge of first-degree assault as a hate crime and was sentenced to 17-1/2 years in prison followed by five years of supervised release. Judge Minihan presided at the sentencing and recounted Esco’s sad history. She offered him the chance to apologize or explain himself, but he declined. In her victim impact statement, the survivor stated, “A complete stranger heartlessly spit, beat, and kicked me over 100 times just because of my heritage. I lost months of my life. I will forever be on edge.” Currently, she remains in stable condition, yet had to move out of her longtime home due to the traumatic event.

After the sentencing, AABANY members had the chance to meet the District Attorney of Westchester County, Mimi Rocah, at her press conference, where Jennifer Wu commented on the survivor’s behalf, stating, “Leaving the home that you’ve had for 24 years and where you raised your daughters, is incredibly painful.” During the meeting, AAVTF members offered proposals on statutory reform and how to prevent such gruesome cases from occurring in the Asian American community in the future. Elaine Chiu commented further on AAVTF’s attendance at the sentencing and the press conference, stating, “It was a very valuable day with efforts that contribute to the multi-faceted work of our Task Force.”

Watch this News 12 report about the sentencing, in which Johan Tatoy, as the survivor’s attorney, spoke at the press conference and AAVTF Task Force Chair Elaine Chiu was interviewed.

To learn more about the AAVTF and support its efforts, please click here.

Join the AAVTF at the next court watching on January 10, for the sentencing for Elisaul Perez, who pled guility to manslaughter in the death of GuiYing Ma. More details here:
https://www.aabany.org/events/event_details.asp?legacy=1&id=1701949

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AABANY Honored with the New York State Bar Association Bar Leaders Innovation Award for the Anti-Asian Violence Task Force (AAVTF)

On September 20th, 2022, AABANY’s Anti-Asian Violence Task Force was honored with the prestigious Bar Leaders Innovation Award in the category of large-sized bar association (2,000 members or more) at the New York State Bar Association headquarters in Albany, making AABANY a recipient of this award for the third year in a row. Beatrice Leong, Esq., AABANY’s Co-Vice President of Programs and Operations, went to Albany to accept the award from the New York State Bar Association’s Committee on Bar Leaders, on behalf of AABANY.  

On September 20, Beatrice met with bar leaders from across New York state during a Bar Leaders Symposium and discussed how AABANY was able to maintain membership and actively keep its members and community engaged. During the reception following the Symposium, Beatrice accepted the award on behalf of AABANY. In her acceptance speech, she emphasized why AAVTF was created and the impact the Hate Eradication Active Response Team (“HEART”) had on helping community members navigate the criminal justice process. Beatrice also described how AAVTF worked with community organizations, the police, local prosecutors, elected officials, and law firms to gather data on hundreds of hate incidents while also directly assisting survivors. The event concluded with a dinner among the assembled bar leaders, providing another opportunity for Beatrice to share how AABANY was able to bring its leaders and members together to fight anti-Asian violence in New York City.

In AABANY’s press release about the award, President Willam Ng further commented: “With the support and acknowledgment of NYSBA and other partner organizations, AABANY and its AAVTF are confident that we can create safe and just communities and legal systems for Asian New Yorkers and all New Yorkers.” To read the press release issued by AABANY, please click here.

To read the AAVTF’s Endless Tide report, please click here.

To support the efforts of AAVTF, please click here.

To learn more about the HEART project, please click here.

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CUNY AAARI Presents Talk on AABANY’s Endless Tide Report, Featuring Chris Kwok, Megan Gao, and David Kim

On June 10, 2022, CUNY’s Asian American/Asian Research Institute (AAARI) hosted a discussion to address the Endless Tide report published by AABANY on May 31. The discussion was co-led by AABANY’s Board Director and Issues Committee Chair, Chris Kwok, and Megan Gao, Vice Chair of the Pro Bono and Community Service Committee. Chris is also a Co-Executive Editor of the report and Megan is an Associate Editor. As the report continues to gain media attention and publicity, various AAPI community groups have referred to Endless Tide and AABANY’s Anti-Asian Violence Task Force (AAVTF) to bring their issues and concerns to government officials in New York City. 

In publishing the Endless Tide report, Megan mentioned that lawyers can make a unique contribution by using the criminal justice system as a way to analyze how anti-Asian hate crimes have been prosecuted in New York City. By tracking the number of complaints and arrests that the New York Police Department made, the authors of Endless Tide were able to offer a legal analysis that details how the system has affected and impacted our AAPI neighborhoods and communities. In their research, they found that publicly available data does not track a hate incident from initial report to final resolution. In fact, the AAVTF learned about the disposition of outstanding cases by meeting directly with various District Attorney’s offices. 

At the event, they invited David Kim, a survivor of an anti-Asian attack featured in the report. David’s case was an example of the indifference he encountered in getting a District Attorney’s Office to pursue a hate crimes prosecution. David and his friends were harassed and physically threatened after a vehicle collision at the intersection of 149th Street and 34th Avenue on June 4, 2020. They were taunted by the alleged perpetrators and called racist epithets, forcing them to stay in their car until a 911 call was made – to which the police took time to respond to. With the incident happening at the peak of the pandemic, the victims were also yelled at and blamed for causing COVID-19. After the incident, Kim wanted to file a report to the precinct and pursue a case against his perpetrators. However, after meeting with the District Attorney’s office, with the assistance of counsel, they were told that the District Attorney’s office decided that no charges, including hate crime charges, would be brought. To date, no explanation has been given for this decision.

Hearing David’s story, Chris and Megan highlighted how the title Endless Tide reflects the ongoing racial discrimination towards Asians and Asian Americans. In an effort to address and assist the members of the community that have experienced bias incidents or hate crimes, AABANY created the Hate Eradication Active Response Team (HEART). David and his attorneys came to HEART after their requests to the District Attorney’s Office to pursue hate crimes prosecutions proved futile. Ultimately, the Endless Tide report and the AAVTF seek to encourage discussion with government officials and other organizations to take a closer look at how we can address the hate, violence, and discrimination faced by the AAPI community in New York City. 

To watch the recording of the event, please click here or on the image above. To contact AABANY’s Anti-Asian Violence Task Force, send an email to [email protected].

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AABANY AAVTF Hosts a Community Workshop on “Self-Defense and Defense of Others” on June 30th

On June 30th, the Asian American Bar Association of New York’s (AABANY) Anti-Asian Violence Task Force (AAVTF) hosted a community workshop on self-defense and defense of others. The speakers were Nassau County Assistant District Attorney and Prosecutors Committee Co-Chair Joseb Gim and St. John’s University Law School Professor and Academic Committee Co-Chair Elaine Chiu. The presentation was moderated by Eugene Love Kim, Legal Aid Society attorney and Vice-Chair of AABANY’s Pro Bono and Community Service Committee, and was translated into Cantonese and Mandarin by Kwok Ng, law clerk at the New York State Supreme Court and PBCS Committee Co-Chair, and Ye Qing, attorney at Morvillo Abramovitz, respectively. 

In light of the recent surge in anti-Asian violence and bias incidents, the presentation focused on the legal consequences that New York Penal Law has for self-defense. ADA Gim gave a summary of the laws and listed the various weapons that qualify as “deadly physical force” under New York Penal Law. These weapons include, but are not limited to, pepper spray, collapsible batons, and electric stun guns. ADA Gim also pointed out that, in exercising self-defense, unless a “reasonable person” would have made the same decision to defend themselves in your situation, using regular physical force or deadly physical force to defend yourself may lead to you being charged with  a criminal offense. Prof. Chiu briefly described the possibility of also being sued in a civil lawsuit but noted that using violence within the bounds of the New York Penal Law would prevent a judgment against you. 

At the end of the presentation, ADA Gim talked about more practical, immediate implications of the laws on self-defense and defense of others. He emphasized that, oftentimes, choosing to defend yourself will result in both you and the attacker being taken into police custody from the scene for further investigation and possible prosecution. He then discussed the importance of concrete evidence, 911 calls, recordings, and eyewitness testimony in corroborating your testimony. Both ADA Gim and Prof. Chiu also noted that individuals, before defending themselves, have a duty to flee dangerous situations unless they are attacked in their own homes. After the presentation, the discussion was opened to questions from the attendees.

AABANY thanks the members of the AAVTF for organizing the community workshop and for their service to the AAPI community of the greater New York metro area. To view the recording of the event, click here. To learn more about and to help fund the AAVTF’s initiatives, click here.