Guilty Verdict Handed Down to Domestic Violence Survivor | #StandWithNanHui

March 3, 2015

nan-hui

Last week, I wrote about Nan-Hui Jo’s case. A survivor of years of domestic violence at the hands of her former partner which included both physical and emotional abuse, Nan-Hui Jo escaped with her daughter Hwi to South Korea after her American work visa expired. After six years, Jo applied for a travel visa to allow her American-born child travel to the United States to tour schools while Jo’s own permanent resident application was pending.

However, Jo’s former partner, Jesse Charlton, had filed child abduction charges against Jo, and when Jo arrived in America, she was arrested. After her first trial ended in a hung jury, Jo was retried last month with additional threats of deportation added by ICE while Jo’s former partner was awarded full custody of their child.

Jo’s case ignited Asian American and domestic violence advocates through social media. A Twitterstorm held last Wednesday garnered numerous tweets through the hashtags #StandWithNanHui and #WeSurvived. Numerous activists also changed their social media profile pictures in solidarity with Nan-Hui Jo, and NBC News covered the story. Members of Korean American Coalitio to End Domestic Abuse (KACEDA) organized court watches, and maintained updates from the trial.

With both sides resting their cases, the jury in Jo’s trial deliberated over the weekend to decide Jo’s fate.

A few minutes ago, members of KACEDA notified social media that a unanimous guilty verdict was returned.

Although the community was afraid that ICE would immediately arrest Nan-Hui Jo to begin deportation procedures following a guilty verdict, Jo’s judge has instead chosen to delay sentencing. From Facebook,

JUDGE AGREED TO SEND THE CASE TO PROBATION. This means that this delays her sentencing for the judge to review the decision. They’ll be compiling a pre-sentencing report in the meantime, and have a decision on April 1st, Dept 4, at 1:30 pm. WE NEED TO PACK THAT COURTROOM. Basically the jury decided unanimously that she was guilty but the judge didn’t reach a sentence today, so we don’t know what the formal charges will be (felony, etc.) just that they reached a guilty verdict today.

She’ll spend the next 30 days in custody, ICE won’t take her. She will stay in custody in Yolo and ICE won’t be allowed to take her in the meantime.

Nan-Hui Jo’s advocates are continuing to ask the community to apply pressure to ICE by calling (415) 744-1530 or tweeting @wwwicegov and asking them to drop the deportation of Nan-Hui Jo.

Update: The Asian Law Caucus (@aaaj_alc), which has been supporting Nan-Hui Jo in her defense against the child abduction charges, sent out this email:

BREAKING –

It was just announced that Ms. Nan-Hui Jo was found guilty in her trial for alleged child abduction. We are outraged at this decision and recognize that this is a miscarriage of justice.

At this moment, we must continue to call ICE Field Director Craig Meyer at (415) 844-5512 (press 4 and leave a message after the beep) CBP: Field Operations Director, Brian Humphrey. (415) 744-1530 Ext. 234. and urge them to exercise prosecutorial discretion and drop the ICE hold against Nan-Hui. Nan-Hui may just be days away from permanent separation from her six-year-old daughter through her unwarranted immigration hold.

As a community, we have to keep fighting for Nan-Hui and all survivors of domestic violence – especially immigrant, incarcerated, and women of color survivors.

Update II: Supporters are asking that you take a minute to do the following:

Update III: Supporters are being asked to attend a rally on Thursday, March 5 10am-11am PST at 33 New Montgomery St. (please see Facebook event for more details).

  • who only threw her against the wall?

    Your argument is that there are degrees of domestic violence, and Charlton’s violence just wasn’t violent enough. Good God. You are truly a piece of work.

  • freedom Speaks

    I agree! I was in court the entire time and heard Nan Hui Jo testify under oath that this was the only physical encounter, for which she also acknowledged “tossing” the baby to Mr. Charlton with enough force that their heads collided – and as a woman and a mom, had someone “tossed” my baby to me, I would have done the same, if not worse! For her (or social media on her behalf) to “cry” that she had all right to leave with the child in order to “escape years of abuse” is a mockery to all of the legitimate DV survivors out there and for that she should be ashamed! The only victim is her little girl, to which I feel horrible for. Ms. Jo had countless opportunities to contact the courts to remedy this, but refused to do so. The father missed out on 5 years of bonding and watching his daughter grow up, but yet seems to be the one on trial here?!?!?!. Perhaps everyone should do a little research before “standing up” for people without knowing all the facts – and when defending her – I also see that the “biased” stories never mention that she had also committed welfare fraud, collecting services for over a year after she had already moved to Korea. Hearing all the testimony and reading all the facts is why I was one of the unanimous 12 that found her guilty.

  • So is your argument that one instance of domestic violence isn’t violence enough for you to be concerned, or that only women who are angels or saints deserve to be protected by the law from domestic abuse?

  • disqus_uY4qdf1Xbx

    Yes. Yes. Yes. This. She decided to hide behind the label of domestic violence to justify kidnapping. But you know what is worse than an incident of domestic violence? Child abuse. Of these two, only she has demonstrated that behavior. She abused this child by tossing her and by kidnapping her. As soon as you hide behind a label like domestic violence or racism, people think they can get away with whatever they want within the US. In the end, she is no better than the father. Baby tossing and kidnapping aren’t cool.

  • disqus_uY4qdf1Xbx

    So is your argument that child abuse is justified as long as you are a victim of one incident of domestic violence, which was in reaction to the child abuse?

  • Solargreenman

    Someone here argued that roughly passing/shoving/tossing a baby hard enough to cause a violent collision between the babies head and fathers face either was not abuse or was a lesser form of it. Honestly I didn’t quite understand the nuances of the argument.

  • Helena_Handbasket

    I bet you’d choke women just like you admit you beat them.

    Just kidding, no woman would ever want you or voluntarily be within arms reach of you.

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