Little Saigon's Duc Hong Truong–the offspring of an unknown, irresponsible American soldier–isn't a lawyer but he's sitting in Calipatria State Prison and wondering why an important 1984 court opinion, People v. Dillon, doesn't apply to him.
Dillon was a 17-year-old high school student who committed a robbery and then brutally killed his victim. Police captured him, a jury convicted him and a superior court judge sentenced him to a term of 25 years to life in prison.
But the California Supreme Court ruled that the punishment was “grossly disproportional” and ordered the trial judge to reduce the severity.
Truong, who grew up homeless in Vietnam before he was relocated to the U.S. because he is Amerasian,
believes that he is far less culpable of criminal conduct than Dillon
and yet is serving a much more unreasonable sentence: life in prison
without the possibility of parole.
For example, unlike Dillon who
extensively planned his crime and fired nine times with a shotgun at
his victim, Truong accompanied his friends to a motel room thinking they
were going to beat up an enemy. He was, he claims, unaware that a
revenge robbery would occur and, though he did strike the fatal knife
blow in the victim, the death was, he insists, unintentional. His
evidence? He didn't stab the head, lungs or the heart but rather the
Such logic has caused Truong–who lost his freedom
at the age of 20 and has spent 18 years locked in prison–to ask a
series of judicial officials to reconsider and, like Dillon, reduce his
punishment. A state court of appeal declined his request and the state supreme court twice also refused.
This month, U.S. District Court Judge John A. Kronstadt, a President Barack Obama
appointee, ruled that federal law prevents him from considering the
merits of Truong's complaint. Kronstadt determined that the defendant
waited too long to seek federal intervention and that the reasoning for
the delay–Truong is illiterate, barely speaks English and was unaware
of the statute of limitations clock until recently–is irrelevant.
“Ignorance of the law is no excuse at all,” magistrate Judge Ralph Zarefsky declared in a report recommending to close the case and leave Truong a permanent prisoner.
R. Scott Moxley has won Journalist of the Year honors at the Los Angeles Press Club; been named Distinguished Journalist of the Year by the LA Society of Professional Journalists; and hailed by two New York Times Magazine writers for his “herculean job” exposing Southern California law enforcement corruption.