223 Centre Street, New York, NY 10013
Its History Continues
I am asking the New York Post to investigate and publish a story that shows the failure of our legal system.
The United States has always trumpeted about the high justice she has. Yet such "justice" is only available to the rich and the well connected. Historically, we have had many documented cases of injustice. The key to such injustice has been the judiciary would not stand up and ruled that certain things had been wrong. All lawyers, judges are lawyers too, hide behind the existing rulings and bide for time.
The US is also about money. Other than the Wall Street, real estate is the king of New York. Here in Chinatown, with the recent gentrification, there is a group of Chinese real estate developers, based on family ties, have made or will make millions in converting factory buildings and lofts into luxury condos. To drive out the tenants, they have used buy-outs, intimidations, harassments, and finally the court system. And in my case, they even used a forged lease, brought me to civil court on non-payment and falsely testified in court. Our legal system somehow let these people get away with their schemes.
In the trial, with a doctored lease and false testimonials, the-presiding judge did not want to decide, she stated so and asked us to settle. I refused. The judge ruled against me, based on the "credibility" of the witnesses. And after her decision after trial, she also added on to the pressure for me to come to terms with the landlord by having certain motions ruled in favor of the landlord. On appeal, my appeal lawyer got hold of the 'lease' admitted to evidence and had two document experts examined it. Both experts found conclusively whiteouts and type-over, and that the first page, with the critical location and amount of rent changed from the original. See Enclosures 1A and 1B.
Letter from the Justice:
UNITED STATE SENATE (Charles E. Schumer)
THE COUNCIL OF THE CITY OF NEW YORK
(Alan Jay Gerson)
THE COUNCIL OF THE CITY OF NEW YORK (Simcha Felder)
CAAAV Organizing Asian Communities
(Hyun Lee)
HARLEM TENANTS COUNCIL, INC.
(Nellie Hester Bailey)
My trial lawyer did not fully explore the case and went to trial. His lack of due diligence had cost me the trial. He took lots of money as fees and expenses but he did not bill me, even when I demanded billing time after time. He just did not keep any financial records. When I complained to the Department of Disciplinary Committee -the official watchdog organization for lawyer misconducts, the Committee ruled that my complaint was due to my "loss of the case at trial". But when I showed the Department of Disciplinary Committee of my rights as client written in black and white, and demanded their files under the Freedom of Information Acts, the Committee decided to reconsider my complaint, and has put me on hold ever since. See Enclosures 5A to 5D.
Law enforcement agency such as the New York County District Attorney's Office has refused to investigate, but directed me to the State Attorney's Office. The State Attorney 's Office said they did not have jurisdiction. See Enclosures 3A and 3B.
Meanwhile, the landlord and its agent have been harassing me in having water leaks into my store, asking to access my store for repairs and installations. Not only the judge obliged, but so did the police department, the fire department and the state environmental protection department. The landlord's agent was able to get the police escort most of the time when they come to the store. However, the New York Fire Department filed a "No Report" when my store was flooded with inches of water during the recent Chinese New Year's Day, the only day when my store was closed. See Enclosures 4.
My case may not be as monumental as the Dred Scott vs. Arizona, the fighting of Jim Crow laws, the discovery of DNA evidence, or the recanting of testimonies, but it just shows how the legal system 's inertia in maintaining the status quo instead of finding and servicing justice. This continues with innocent people being locked up, and ruined for life.
Please give my store due consideration. Investigate and tell America that there is injustice here. That is the only way we can have justice.
If there is any question, you may contact me at the above address and phone number, or at any time through my cellular phone, (212)334-6565.
Sincerely,
Han Ho Tran
Enclosures.