AABANY’s Anti-Asian Violence Task Force Organizes Court Watching Event for Sentencing of Jarrod Powell, Yao Pan Ma’s Killer

On March 31, AABANY’s Anti-Asian Violence Task Force, under the leadership of Chair Elaine Chiu, who is also a Professor at St. John’s University School of Law, organized and led a court watching event at New York State Supreme Court to observe the sentencing of Jarrod Powell, who pled guilty to manslaughter in the 2021 killing of Yao Pan Ma. Powell admitted that his act was motivated by racial hatred against Yao Pan Ma, and Powell was convicted of manslaughter as a hate crime. He will serve 22 years in jail plus five years of post-release supervision.

Prof. Chiu wrote on LinkedIn:

More than 50 Asian New Yorkers came out today to #rememberyaopanma at the sentencing of his killer, Jarrod Powell. Together we helped our communities be seen and heard and not forgotten. Congrats to the team at Manhattan District Attorney’s Office for their commitment to these cases. Asian American Bar Association of New York thanks @donblee and @waiyeechan of Homecrest Community Services and Ansen Tang of United Chinese Association of Brooklyn. A big shout out to @maywong of the Pro Bono Committee!

Jeffrey Gu, a member of AABANY’s Anti-Asian Violence Task Force, wrote on LinkedIn:

The raw necessity of just showing up has never been more evident. Over 50 Asian American community members showed up this morning to #rememberYaoPanMa at the sentencing of his killer.

It is not easy hearing victim impact statements and wondering whether, under different circumstances, it could have been your colleague, or friend, or family member viciously attacked on account of their race. The killer admitted in his plea that he targeted Mr. Ma because he was Asian American. There is no amount of justice that can restore what was taken from Mr. Ma’s family: the loss of a father taken from his children, a husband from his wife, a son from his elderly mother.

Thank you to the Asian American Bar Association of New York for organizing the gathering of support. Thank you to Elaine Chiu for inviting me onto AABANY’s Anti-Asian Violence Taskforce and for your diligent work in this space on behalf of victims. Thank you to the Manhattan District Attorney’s Office for working on these cases.

As a community, what we can do is at least show up and refuse to let the stories of the victims of anti-Asian American hate fade away. Follow Asian American Bar Association of New York for future court watching and community gatherings.

Jeffrey is Co-Founder of Make Us Visible, a group advocating for AAPI history to be taught in school from K-12 across the country.

Hannah Yu, Chief of the Hate Crimes Unit in the Manhattan District Attorney’s Office, wrote on LinkedIn:

While this sentencing is the end of this sad chapter, the work of our Hate Crimes Unit continues. We are dedicated to serving every community in Manhattan and ensuring that everyone feels safe to be who they are. It is my sincere hope that the Ma family will continue to heal and find peace.

Her post included the Manhattan District Attorney’s Press Release on the sentencing that included the following quote from D.A. Bragg:

“Mr. Ma’s death was the result of a despicable racially motivated attack. His family endured an agonizing eight months in the hospital while the devoted husband and father of two remained in a vegetative state, before succumbing to his injuries on December 31, 2021,” said District Attorney Bragg.  “New York is one of the most diverse cities in the world, and no one should have to fear that they may be in danger because of their background. We will continue to work with our law enforcement partners to ensure that New Yorkers of all origins feel safe.”

AABANY thanks everyone who came out for this court watching event which epitomized the importance of the AAPI community showing up and standing up to speak out against AAPI hate. We thank Prof. Chiu for her leadership and Jeffrey Gu for his support and dedication. We thank Chief ADA Hannah Yu and the Manhattan DA’s office for their continuing fight to seek justice in hate crimes against the AAPI community and all targeted communities.

Support AABANY’s Anti-Asian Violence Task Force through our Turn the Tide (T3) Project. To learn more about the Task Force and its work, contact [email protected].

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

In the News: Elaine Chiu Interviewed on Korean Radio about Hate Crimes against Asian Americans in the U.S.

Elaine Chiu, Professor of Law at St. John’s School of Law, Academic Committee Co-Chair, and member of the Anti-Asian Violence Task Force at AABANY, detailed how hate crimes have affected Asian Americans in the United States in a special interview on a Korean Radio Show, Morning Wave In Busan, on June 6th, 2022. 

Prof. Chiu provided an overview of the situation by referring to the Center for the Study of Hate and Extremism. The Center reported that anti-Asian hate crimes have increased by 339% from 2020 to 2021. This alarming percentage is exemplified by the growing number of news reports and stories of Asian hate crimes experienced by Asian Americans across the country. 

Focusing specifically on New York City, Prof. Chiu, along with other members of AABANY’s Anti-Asian Violence Task Force, looked at the number of hate incidents against Asians reported to the New York City Police Department. In 2020, Prof. Chiu mentioned 28 hate crimes reported, in contrast to 2021, when a total of 131 hate crimes were accounted for in their report. This unprecedented increase of 361% traces back to the outbreak of the pandemic in March 2020. AABANY reported this in greater detail in its Endless Tide report, which followed the Rising Tide report published in 2021, to raise awareness about the hate crimes and violence that the AAPI community has experienced over the last two years. 

Prof. Chiu also states that AAPI Americans have long been victims of racial violence, discrimination, and exclusion. One of the most well-known victims of hate crimes is Vincent Chin. Chin, who was brutally murdered after being beaten by two white men in Detroit, caused an uproar Asian American community after his assailants received a mere $3000 fine and probation upon sentencing. Forty years after Chin’s brutal murder, Prof. Chiu states that it is clear that the pandemic did not create hate crimes against Asians but instead led to them. 

She also states that the explosion of hate crimes against AAPI persons can be attributed to the divisiveness pervasive in the United States, as demonstrated during Trump’s presidency when he enabled xenophobia against Asians by calling COVID-19 the “Kung Flu.” Moreover, with the rise of China as a global superpower, the racial lines are further exacerbated and felt by many Chinese Americans residing in the United States today. Prof. Chiu also states that the steady demise of mental health resources and Americans’ ready access to guns and deadly assault weapons can be contributing factors to this issue. 

Prof. Chiu ended the interview by affirming President Biden’s meeting with BTS (방탄소년단), a world famous K-pop group. BTS was invited to the White House to talk about Asian representation and  address the amount of misinformation regarding the rise in Anti Asian hate crimes. Prof. Chiu further highlighted the importance of how President Biden and BTS’s efforts extend a sense of hope and positivity for many. With the continued rise in hate crimes and attacks against Asians, Prof. Chiu called on everyone on social media, especially those who have influence and following like BTS, to continue to visibly oppose and actively resist hate crimes against the AAPI community.

Listen to Prof. Chiu’s full interview with Morning Wave In Busan here.

Academic Committee Hosts Annual Holiday Lunch

It was unseasonably warm on Thursday, December 16, when the Academic Committee hosted their Annual Holiday Lunch in the outdoor dining structure at Wu’s Wonton King in Manhattan Chinatown. Although Academic Committee Co-Chair Tom Lee (Fordham) wasn’t able to make it, Co-Chairs Elaine Chiu (St. John’s), Catherine Kim (Brooklyn), and Donna Lee (CUNY) happily hosted a select gathering, including Board Liaison Suzanne Kim, for a delicious holiday lunch that included shrimp & pork wonton (naturally), as well as a whole fried fish, crispy chicken, and a variety of dim sum dishes. All were grateful to AABANY member Chris Kwok for curating the menu, and to members Francis Chin and Shirley Lin for gracing the gathering with their presence. Lunch conversation ranged far and wide, and included discussion of emojis, and particularly the yellow colored “hands” on Zoom, e.g., the thumb’s up and thank you/high five/prayer emojis. Luncheon participants discussed the importance of distinguishing between “YBD” and “YBC.” Ask yourselves and your colleagues – are you “yellow by default” or “yellow by choice”?  Happy Holidays to All! To learn more about the Academic Committee go to https://www.aabany.org/page/352.

AABANY Hosts Weekly Membership Mixer Featuring the Academic Committee on January 22

On January 22, 2021, the Membership Committee hosted their weekly virtual Membership Mixer, with 20 participants in attendance. This week AABANY featured the Academic Committee represented by Co-Chairs Elaine Chiu, James Cho, Suzanne Kim, and Donna Lee. They shared with the group their career paths from being practitioners to professors, gave tips on how to become adjunct professors, and took questions about careers in academia.

This week, the ice breaker question to participants was: “What was your favorite law school class?” Participants responded that their favorite classes were property, criminal law, corporations, evidence, civil procedure, constitutional law, critical race theory, international human rights, law of international development, civil rights, and law and the movies.

The Membership Committee previously hosted Monthly Mixers at bars, ballparks, stadiums, operas, etc, but due to COVID, we have moved online to offer members a weekly outlet to share their feelings, see old friends, and make new connections. Mixers start at 6:30pm on Friday and the main event ends at 7:30pm but many often stay on after 7:30pm for smaller breakout groups.

Membership Committee will continue to host weekly virtual mixers until it is safe to gather together again in person. 

We are giving away door prizes at some of the mixers. In order to win, you must be a member and must RSVP on the calendar entry on the AABANY website to get a raffle number. Non-members can join the mixer but won’t be eligible to win a prize. 

Congratulations to Dianna Lam for winning this week’s prize: a full HD 1080p webcam with microphone and ring light! May your online courses at Fordham go smoothly, and your classmates and professors see and hear you in the best light!

Please join us on January 29, 2021 for our Meet the Board series, featuring Andy Yoo. Register by Thursday, Jan. 28, at https://www.aabany.org/events/event_details.asp?legacy=1&id=1468892.