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Chinese American Advocates Dismayed at Anna Guo Ruling

Anna Guo in the hospital with her father, Wei. Photo courtesy yellowworld.org.

By Saykin Foo | Chinese American Citizens Alliance

On Dec. 30, 2002, Judge Herbert Curtis, Superior Court Judge, of Ventura County, convicted Anna Guo of a felony assault on Officer Kristen Rupp with a steak knife.

The Chinese American Citizen Alliance and its members are deeply dismayed at Judge Herbert Curtis’ ruling. The fact that a charge of an assault felony was made in the first place was disturbing enough, but to have the young girl found guilty is even more disturbing. At worst, Anna should have been charged with the misdemeanor of ‘brandishing,’ since she clearly had a big knife in her hand. Given the circumstances, as we understand them, we contend that Judge Curtis should have acquitted her.

We are concerned that non-compliance with normal procedures has resulted in a violation of the young girl’s civil rights. Her statement was forcibly obtained while she was still suffering great pain from three gunshot wounds. Anna could not have clearly understood the questions asked of her. One should not have expected clear, consistent answers from Anna while she was suffering physical and emotional trauma. The fact that she was detained in juvenile hall for approximately seven months before trial only added to Anna’s mental and emotional anguish.

The situation was escalated by violation of police department policy. In our view, the conflicting testimonies of the police officers and the foster father fail to support, beyond a reasonable doubt, the charge that Anna was attempting to attack Officer Rupp. A key point was whether Anna held the knife over her head in attack mode, and no eyewitness could corroborate Rupp in that observation. Dropping or reducing the charge by the District Attorney’s office would have been a humane decision for Anna, who was desperately seeking help.

With the guilty verdict, the Ventura County justice system has demonstrated a lack of necessary compassion and understanding of minority and immigration issues, such as Limited English Proficiency and cultural differences. Anna has been physically and mentally damaged by this experience for the rest of her life. Now she will have to bear the burden of a felony conviction for what we perceive as a doubtful overcharge and a questionable finding.

We now join Defense Attorney Paul Loh in the hope that Judge Brian J. Back will release Anna from juvenile hall and any further detention. We hope Judge Back will order intensive counseling and placement in a group home when sentencing takes place on Jan. 13.

Furthermore, Officer Rupp’s testimony points to inadequate and poor training in the Ventura County police department. For the future, it is hoped that measures will be taken to improve the effectiveness of the Crisis Intervention Training Program of the Ventura police. Law enforcement agencies should periodically review their procedures to prevent abuses of power and similar incidents from happening. The police should exist to ‘protect and serve,’ not destroy life.

It is hoped that Americans of all ethnicities and backgrounds will continue to stand up for their rights to help improve the American justice system and assure its fairness. We hope that, despite its shortcomings, the system will prevail for all people.