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A federal judge on Monday ordered prosecutors to turn over the remaining evidence against Hmong defendants charged with an alleged conspiracy to overthrow the communist Laotian government.
Presiding over a packed courtroom in Sacramento, U.S. District Court Judge Frank Damrell Jr. of the Eastern District of California deferred ruling on the defendants' motion to dismiss the case until all evidence is in.
"I much prefer to make my findings on a complete record, and that's what I intend to do," Damrell said.
Prosecutors have provided the defense with about 70 percent of the evidence since the indictments were handed down in June 2007, said defense attorney Mark Reichel.
As the court proceedings continued, thousands of ethnic Hmong, estimated at more than 5,000 by Sacramento police, rallied outside the federal courthouse to support the dismissal of the case against 79-year-old former Royal Lao Amy General Vang Pao, considered the "George Washington" of Hmong throughout the world, and 10 other defendants. Retired U.S. Army Lt. Col. Harrison Jack is the only defendant who isn't Hmong.
The case has been a rallying point for Hmong throughout the world. Hmong communities from throughout the U.S. and as far away as France and Australia pooled money to send supporters to Sacramento Monday. Countless Hmong in Laos, Thailand, China, Vietnam, the United States and elsewhere in California tuned in via cell phones and radio stations that patched into the rambunctious yet peaceful rally via conference calls, said Wang Vang, national chairman of the Fresno-based Hmong-American Ad Hoc Committee, which organized the protest.
The defendants are charged with violating the federal Neutrality Act by planning a military attack to oust the Laotian government.
Defense attorneys led by John Keker, who once prosecuted Oliver North, asked for the case to be dismissed due to government misconduct -- which the judge said was an "unprecedented" motion.
The defense contends that an undercover agent from the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF) committed entrapment by telling the defendants he worked for the CIA and that the CIA would support a coup against the government of Laos.
"That's outrageous misconduct," said defense attorney Jim Brosnahan. "We're asking for a lot here (in asking for a dismissal). But after 15 years of fighting for this country, these gentlemen are entitled to it."
Prosecutor Robert Tice-Raskin said the agent did indicate to the defendants that the U.S. government would support a coup. But he also said that the defendants believed the man was an arms-dealing criminal, rather than a U.S. government agent. The agent was simply reacting to a question posed by Jack about how "world powers" would react to a coup, he added.
"Are you troubled by the fact that the agent said the U.S. government would back this?" asked Damrell.
"If that were indeed the situation, I guess I would find that somewhat troubling, yes," said Tice-Raskin.
The defense also contends that the ATF agent's testimony, which led to the indictments in June 2007, was not backed up by transcripts of wiretap recordings. Defense attorneys also said the recordings picked up Hmong discussions that haven't yet been translated into English.
Hmong protesters outside the court said they don't believe the defendants are guilty of the crimes they've been charged with. They also said they believe due process of law hasn't been followed for the Hmong -- in part because the case has taken so long. An estimated 15,000 Hmong veterans are believed to live in the U.S. after fighting under Pao for the U.S. during the Vietnam War.
"Americans came to Laos and asked Hmong to join the secret war to fight the Viet Cong," said Kou Vang, 27, of Taylorsville, N.C. He accompanied his 70-year-old father, Chi Vang, who served under Pao in Vietnam.
"Now the Americans have turned their backs on Vang Pao and they're making him out to be a bad guy," Kou Vang said. "That's why everybody's here today -- to say it's false accusations. Vang Pao is a hero to the U.S. and to the Hmong."
An estimated 85,000 Hmong now live in California, said Paula Yang, spokesperson for the Hmong-American Ad Hoc Committee in Fresno.
Thousands of protesters wearing white to symbolize peace shouted "Free Vang Pao! Free Vang Pao!" while hoisting American flags and signs such as, "Liberty and Justice for All."
American veterans also turned out for the hearing and rally. The Laotian government has been making war on the Hmong ever since the Vietnam War ended, said retired U.S. Marine Corps Colonel Jim Cook.
"We must send a strong message (to the Laos government and U.S. President Barack Obama) to stop the genocide against the Hmong, " said the 55-year-old Elk Grove resident, who served during the Vietnam War era.
"Veterans are saying, 'Enough of this garbage. Let's do what's right. They're human beings,' " said Korean War veteran Charlie Waters, a judge advocate for the California chapter of the American Legion. "If this goes bad, we are going to raise all kinds of hell."
A status hearing has been tentatively set for early October.
This is a story about Loyalty, Honor, Integrity which the government of the united states has very little now because of Bush and his conrads. We paid our price with blood to be here, while the tax payers were paying $500 per Hmong who served for the U.S. between 1965 to 1975, someone kept $499.50 and they only paid us .50 cents a month to fight. We did not fight for the money but we fought for freedom the same freedom bullshit that our government are feeding us today.
We believed in your God, "In God We Trust" but now we found out you left your God and served OIL. YOu are bunch of coward that have no honor and dignity as your forefathers and for that you will go down. Your children will rise against you, your son will sleep with another men and you shall praise it as you once praised the true leaders and Lincoln, Jefferson, Washington.
Look around you Americans and do what is right and honorable, don't kick the servant whom had served you faithfully. We have done nothing wrong to the American ATF or U>S. Government, they picked on us because we are a small group and helpless. We might be weak and small but the world is watching and other big nations will laugh at you, all of you though you never had any part of it. Other great nations will turn their back on you for they won't trust you anymore. If One cannot trust you with a little thing, how can they trust you with a big thing. YOu kill your own team just to gain a few dollars, that is coward. NO nations will do business with Cowards and back stabber.
Give up your pride and let my people go. Stop betraying the Native Americans and stop lying to yourself that it is justify. Coward and Liars are legions of Satan and you will go to hell, your children will follow you.
Do what is right....!!! stop prosecute small ethnic who can't defend for themselves....pick on someone your own size for a change you coward!!!!!