(Word: This can be a sponsored submit from FreedomChariot.Com. The opinions expressed are these of the writer and never essentially these of The Gateway Pundit)
On Tuesday, October 10, 2023, a Brooklyn jury returned a responsible verdict in america District Courtroom for the Jap District of New York, convicting each Qing Ming Yu (Allen Yu) and Zhe Zhang (Zack Zhang) of murder-for-hire for the capturing of Xin Chris Gu outdoors a KTV membership on the night of February 12, 2019, in Flushing, New York.
The jury convicted Mr. Zhang though there was little proof to show that he was the driving force of the white Honda Accord, which was seen on video leaving the world of the KTV membership.
In reality, there was no forensic or bodily proof that put Mr. Zhang on the scene. The jury convicted based mostly on the biased and inconsistent testimony of two cooperating witnesses: You You (the nephew of Qing Ming Yu) and David Yu, a previous violent felon.
The proof really confirmed these two witnesses had motive to commit the crime and so they admitted to being close to the KTV membership that night. You You testified that he was angered by Mr. Gu for humiliating his uncle, Allen Yu, by stealing his uncle’s development shoppers and jeopardizing the household’s wealth.
David Yu was You You’s boyhood pal, who admitted to committing a number of violent crimes prior to now, generally along with You You. Shockingly, You You and David Yu each admitted to partaking in armed theft earlier than. Earlier than being arrested, the 2 robbed a personal on line casino proprietor of $300,000 at gunpoint, a criminal offense each of them admitted at trial.
You You and David Yu testified that they went to the KTV membership, on February 12, 2019, to commit the homicide of Mr. Gu, however acquired “chilly toes,” and drove a mile away to do medication as a substitute and fell asleep.
This unbelievable testimony was contradicted by proof that You You and David Yu had been by the capturing. First, proof confirmed that Mr. Gu known as an Uber automotive to drive him from the membership that night time. The Uber driver arrived similtaneously the masked shooter and witnessed the capturing.
The Uber driver testified at trial that he noticed the shooter and would always remember his eyes – “Asian eyes.” Additionally, proof at trial confirmed that You You acquired a cellphone name from somebody contained in the KTV membership near the time of the capturing.
This might be the one means the shooter would know that Mr. Gu was leaving the membership as a result of the Honda, the place the shooter waited previous to committing the homicide, was parked in an space with an obstructed view of the door of the membership and the world was poorly lit.
This trial additionally was marked by grave authorities misconduct.
Even earlier than the trial began, the protection attorneys challenged authorities search warrants that contained a number of lies by the FBI agent answerable for the investigation. Protection attorneys argued that the FBI agent used false data to get the choose to concern the warrants. The agent additionally omitted essential details which made his affidavit knowingly false.
First, FBI Agent Lin included in his affidavit to the Courtroom a surprising lie that David Yu, a authorities witness, had been cooperating with the FBI and gave truthful data that had been corroborated by different proof. On the time of Lin’s affidavit, nonetheless, David Yu had solely been interviewed as soon as on the time of his arrest on a narcotics cost.
At the moment, Yu denied collaborating within the homicide of Mr. Gu and gave no data to the FBI in any respect. Lin made that each one up in his affdavit. Additionally, Lin didn’t embrace in his affidavit the truth that he had one other cooperating witness, Carlos Senquiz, who earlier advised Lin that David Yu confessed to being the shooter of Mr. Gu. This was nowhere in Agent Lin’s affidavit to the choose in help of the search warrants.
Regardless of these lies and omissions, the choose upheld the lawfulness of the search warrants.
Protection attorneys for Mr. Zhang and Mr. Allen Yu filed a sequence of post-trial motions after the responsible verdicts. The choose simply denied these motions on Monday night.
Protection attorneys requested the Courtroom to order the federal government to unseal grand jury testimony, which led to the Indictment on this case. The choose refused. Protection attorneys argued that these grand jury transcripts would present that the Indictment relied on testimony that Allen Yu allegedly promised to pay Mr. Zhang and You You largel sums of cash for the homicide of Gu. In reality, that is what the federal government was saying in pretrial submissions to the Courtroom.
Nonetheless, in the midst of trial, You You gave shocking testimony that cash was by no means paid to him or Mr. Zhang for the homicide of Mr. Gu. As an alternative, he modified his testimony to say that Mr. Zhang needed to get entangled within the murder-for-hire in trade for receiving the enterprise contacts and lists of suppliers, contractors utilized by Allen Yu in his Amoco enterprise.
This was unusual as a result of Mr. Zhang was not within the development enterprise and testimony at trial confirmed Mr. Zhang was trying to legitimize his marijuana enterprise. If the federal government modified its concept at trial from the one offered to the grand jury, underneath constitutional legislation, the case must be thrown out.
Additionally, the federal government admitted to hiding proof from the Zhang protection crew earlier than trial. After the responsible verdicts, the federal government produced proof of grand jury testimony and FBI interviews with a witness who clearly contradicted one of many authorities’s cooperating witnesses.
The federal government had one witness, Roberto Burbano, who was not concerned within the murder-for-hire, who testified that he noticed a Chinese language male driving a white Mercedes with a black prime pull over and cease and discuss to Antony Abreu on the identical night time of Mr. Gu’s homicide.
Apart from David Yu and You You, who admitted to being concerned within the homicide, Mr. Burbano’s testimony was the one witness who recognized a automotive the federal government proved was related to Mr. Zhang and somebody who appeared like him along with the alleged shooter, Abreu.
Nonetheless, the federal government by no means advised Mr. Zhang’s protection crew earlier than or throughout trial that they interviewed one other witness who contradicted Mr. Burbano’s account.
This witness testified earlier than the grand jury that Burbano was not current with Abreu on the time of the alleged encounter with the person who resembled Mr. Zhang. This misconduct by the federal government, often called a Brady violation, ought to have led to a brand new trial for Mr. Zhang. However the choose extremely denied the protection movement.
It appears unfair for the Authorities to base its conviction or Mr. Zhang and Allen Yu solely on the testimony of the perpetrators, You You and David Yu.
Mr. Zhang and Allen Yu’s sentencing listening to is scheduled earlier than the Hon. Carol B. Amon on Might 22, 2024. The legislation requires Decide Amon to condemn every of those males to a life sentence with out parole
