Did This Actually Happen?

by Robert Koehler on October 1, 2008

So, the Korea Times runs a piece on the need for professional translators in Korean courtrooms, which was interesting enough, but it cites at the end a US court case so extraordinary it defies belief:

There was a case that a Korean mother offered testimony in a U.S. court on an accident, in which her son was killed by collapsed bookshelf. During the testimony, she cried out, saying, “I killed him. I’m the criminal.” The U.S. court saw the remarks as a confession and put her behind bars on homicide charges. But in fact her remark “I killed him” doesn’t mean she really killed her son. It refers to “I am to blame” in Korean. “This case proves the importance of comprehensive knowledge about foreign linguistic culture to provide meticulous court interpretation,” Kwak said.

Certainly, wackier things have happened in US courtrooms, and I have no reason to doubt Kwak, but can anyone actually provide links and context to this case?

{ 24 comments… read them below or add one }

1 thekorean October 1, 2008 at 1:26 pm

This was actually a cause celebre in Los Angeles Korean community for a while. Will find links whenever I get up tomorrow morning…

2 The Metropolitician October 1, 2008 at 5:58 pm

It was the subject of one case treated in the documentary called “The Women Outside.” She was a woman accused of neglecting her child, who died because of an accident (memory is foggy), and then she “killed her.” She was indeed speaking in the Korean sense, but the court took it as an admission of guilt in directly murdering the child.

This is covered in the documentary, with courtroom scenes and excerpts from the news coverage. Here’s the link and the link to the full press release (with more details) from PBS (the documentary was screened in the P.O.V. series).

3 NewYorkTom October 2, 2008 at 4:58 am

A cop pulls over a Korean driver in Anywhere, U.S.A. for speeding. While getting ticketed, the Korean driver keeps muttering, “Look at me just once, look at me just once.”

4 thekorean October 2, 2008 at 5:24 am

@3,

Turns out that cop was very familiar with Koreans, so he looked at the driver in the eyes, and told him: “There is no soup today.”

5 mateomiguel October 2, 2008 at 9:53 am

Was it a misinterpretation, or was it deeper than that? Did she want to be blamed for her son dying? Did she want to be punished for being a bad mother? Things like this are never easy to understand even when people are both speaking the same languages.

6 SomeguyinKorea October 2, 2008 at 10:35 am

#5,

Yeah, it’s not really a matter of cultural differences. Some things are just not meant to be taken literally.

7 jonnyh October 2, 2008 at 11:06 am

Re: #1, I’ve heard about this one several times from students and translators, and wondered if it was an urban legend. I’d love to see a link, Thekorean.

8 Wedge October 2, 2008 at 12:01 pm

Checked Snopes but apparently there’s no entry for this. Sounds very apocryphal, though.

9 user-81 October 2, 2008 at 12:39 pm

It’s not an urban legend. Metropolitician (comment #2) tells you where you can hear the story and see the woman herself in court.

This is an excerpt from chapter 13 of “States of Confinement” by Joy James:

Kyung Richards spent seven years in a North Carolina prison on a murder charge. She grew up in an economically devastated region in rural Korea. As a teenager, she was raped. Not long after that incident, and after the death of her father, she began working in a bar close to a U.S. military base. Kyung began a relationship with a U.S. serviceman while still in her teens. They married and came to the United States, but her husband, who was an addict, became abusive and Kyung found herself on her own. Later she became involved with another man, also a former serviceman and also an addict who also became very abusive; and, after several years Kyung moved herself and her two young children to a motel. She found work at a local bar, but unable to afford child care, she left her children alone in the motel with the television on while she went to work. One day Kyung came home to find one of her children dead: Apparently her two-year-old son had tried to use a drawer in the bureau as a step in an attempt to reach the television, and both bureau and television fell on top of him. She called someone she knew, who advised her to call the police. Unaware of investigatory proceedings, she tidied up the motel room before police arrived; she was afraid that if the police saw an untidy room, they would take away her other child. When police arrived, Kyung was still extremely upset, and cried that she had killed her son, overcome by the anguish of a mother who held herself ultimately responsible for her son’s death, blaming herself that she was unable to afford a baby-sitter. Although the outcome of this tragedy is striking, the conditions that led up to it–a lack of ecoomic opportunities, services, and resources for racialized immigrant women with limited English fleeing domestic violence–are common.

The difficulty of Kyung’s loss was redoubled by her treatment in the hands of a criminal justice system quick to judge an Asian woman who could not speak English, who lived at a motel and left her children alone while she went to work in a bar. Although the death was an accident, Kyung was charged with second-degree murder for killing her son. Prosecutors argued that her first grief-stricken cries that she had killed her son were a confession to murder. Even though Kyung’s English abilities were severely limited at that time, she was not provided with a translator at her trial. The prosecutor, G. Dewey Hudson, interviewed in The Women Outside, described her crying on the stand during the trial as “shrill noises” which were “more animal-like, and so foreign to me; it was frightening to me,” indicating ways in which Kyung was racialized through the trial. She was convicted and sentenced and lost custody of her daughter.

After Kyung had been in prison several years, a group of Korean women activists learned of her predicament. They began a campaign for her release, and eventually the governor of the sate in which she was incarcerated granted clemency and Kyung was freed on parole. But Kyung had already served seven years. After leaving prison, she moved to New York, where the women involved in the campaign, along with others, founded the Rainbow Center. The center provided her with shelter, counseling, advocacy, and community support. In the years that followed, though, Kyung had to struggle with mental illness and periods of homelessness and never regained custody of her child.

10 thekorean October 2, 2008 at 12:50 pm

user-81,

See? I was digging through Lexis to find the article, but you beat me to the punch. Admit it. You like being my bitch. :)

11 kerplunk October 2, 2008 at 2:39 pm

State v Chong Sun France
379 SE2d 701 (NC Ct. App. 1989)
Unfortunately I can’t find electronic copies due to its date.

12 kerplunk October 2, 2008 at 3:05 pm
13 thekorean October 2, 2008 at 11:12 pm

That’s weird… the names are different b/w metro’s link and kerplunk’s link. But I guess I would trust the court report more.

14 kerplunk October 3, 2008 at 2:35 pm

That is why I am a successful lawyer and the Metro posts sexualized pictures of his female high school students on the Internet for a living.
;)

15 JW October 5, 2008 at 7:55 am

Publicly appointed translators are nice, but you only need to teach immigrants two things when dealing with the police:

1) Don’t ever talk or gesture to them in any way (unless of course someone’s life is in danger, but even still you need to be careful)

2) Get a lawyer

My guess is if these two rules were followed, alot of tragedy resulting from translation problems would go away.

16 thekorean October 7, 2008 at 12:32 am

Kinda late, but I finally fanagled the actual opinion off Lexis. Email me for a copy.

17 dogbertt October 7, 2008 at 1:08 am

Seems to be a bit more to this:

The physician who performed the autopsy testified the boy died of asphyxiation and that a television set would have caused crushing injuries that the boy did not have. He testified that the pressure injuries the boy did have were consistent with being closed in a dresser drawer.

18 user-81 October 7, 2008 at 2:21 am

Are there one or two different cases here? Dogbertt and thekorean, which case do you mean?

19 user-81 October 7, 2008 at 2:22 am

Are there one or two different cases here? Dogbertt and thekorean, which case do you mean?

20 user-81 October 7, 2008 at 2:23 am

Double comment. It looks like they changed something in the Matrix.

21 thekorean October 7, 2008 at 2:27 am

@17,

Yeah, I was thinking that too. I couldn’t find the trial court record on Lexis though. The opinion could have “loaded” the facts every which way, but the case does seem a little less ridiculous once you actually read the opinion.

@18,

I’m pretty sure dogbert and I are looking at the same case, which is State v. France.

22 dogbertt October 7, 2008 at 2:36 am

Right.

And I don’t mean to jump in to condemn the woman. She has obviously suffered tremendously and in any event, served her time. Just saying that in addition to the controversy over her “confession”, there was apparently evidence that the child had died after being shut up in a dresser drawer and not, as the mother claimed, as the result of climbing up the dresser and having a TV fall on top of him. That is to say, her statement was not the sole evidence of her guilt, as may be implied in the original post.

23 user-81 October 7, 2008 at 3:19 am

I’m pretty sure dogbert and I are looking at the same case, which is State v. France.

The book I excerpted says Kyung Richards which is a name I don’t think you could get from Chong Sun France unless someone remarried and also changed their first name. If I have time I’ll try to take a look at the documentary to see if the book got the name right.

24 kerplunk October 7, 2008 at 6:53 am

User 81, Consider the possibility the documentary was based on the book, that was derived from the thesis, based on a childrens cartoon, in turn metaphorically representative of a Bach concerto, which was contemporary with the musical that was based on the film set in the same state of the theatrical production that depicted the events in State v France.
Or she could have shanged her name by deed at some time as an attempt to repair her life and get away from her juicy-girl humping husband whom I suspect is a regular commenter here.

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