Moving day

Wish me luck.

The meaning of justice

As I mentioned many times before, the primary goal of my long struggle is to seek justice for Cecilia Zhang, as indicated by the name of this blog. Lately, I have been thinking quite a lot about the meaning of justice, and in particular, when justice can be considered done for Cecilia.

One

What prompted me to this contemplation exercise was, of course, events related to Min Chen's trial on May 9. To say I was dealt with a severe blow on that day is an understatement.

My initial reaction was shock and disbelief. Although I only expressed a 40% confidence with my original, and more vague, allegation that the federal government was involved in the crime against this innocent girl, I had been conservative in my estimate. My conservativeness was reflected in the following consideration: If my allegation was not reasonable, were "people in the loop", including those political and intellectual elites, in a collective, prolonged, hallucination of some kind?

If there were a massive hallucination, I know I was not part of it because I rely on facts and logic, on which my conclusion was drawn.

But I also recognize, as I did before, that there is a chance my conclusion could turn out to be wrong because I have only incomplete information directly related to the case. (What particularly frustrated and saddened me was that it would have been fairly easy to piece all the information together had the media started to do their job and ask questions.) Besides, despite the many difficulties I personally experienced in the justice system, I still trusted rule of law. So, when I learned that Min Chen had admitted in court that he caused the death of Cecilia Zhang and he did it along, I was ready to accept the Agreed Statement of Facts initially.

But I soon came back to my original conclusion, with an even stronger conviction, again on logic and additional facts from the ASOF. Honestly, if you seek truth from facts and rational analysis like I do, I believe you would reach the same conclusion.

Two

What had the greatest impact on getting me to contemplate the meaning of justice, though, were the statements by Cecilia's parents that day.

I had felt for Cecilia's parents for a long time, not only because Cecilia's death was, I believe, connected to my experience here in Canada, but also because my mother, too, lost a teenage son in an accident when I was about Cecilia's age. I knew how the loss of my brother changed my mother forever.

Still, reading the statements by Cecilia's parents, I could not help but overwhelmed by their anguish, despair and grief, even two and a half years after Cecilia was taken away from them. So when they pleaded for closure, my natural inclination was to respect their wish and do nothing.

My inaction did not help my depression. And my mother sensed my unhappiness in our daily phone calls and got worried. (She did not know that I had developed depression.) Already frail, she fell ill and became hospitalized.

While in hospital, she asked me repeatedly when I could go back to see her. What could I say, except for a vague promise in the future?

Then on May 30, she broke down in the middle of the conversation and pleaded that all she wanted was to see me one last time.

Seeing me one last time. That was a wish my father did NOT get from me when he passed away in early 1994.

I do not even want to mention the guilt I felt over the years for "running away" from my filial piety.

Three

It is obviously a tragedy for all the people connected to the case. Even the Chen family essentially said in their released statement that they had lost their only son.

The tragedy becomes even more pathetic if people could observe that it was a jealousy-motivated reference letter that started it all in 1993.

The greatest tragedy of all was, of course, Cecilia's death. Yet, the court had failed to reveal that racism is the real cause of her death. How could justice be considered done?

Nobody should use victims' need for closure as an excuse to obstruct justice. Our criminal justice system exists not only to bring closure to victim, but also to protect the general public. This time the innocent victim was Cecilia Zhang. If we fail to deliver justice now, next time it would be Cecilia Wang.

Cecilia's parents wish that "every family will live in peace". If their wish is to have any meaning, we need to expose the true nature of this hideous crime and draw lessons from it. I strongly believe Cecilia Zhang herself would have required no less from me.

Four

It is indeed a long journey for me. I just hope my persistence and unrelenting efforts in seeking justice will not be seen as excessive.

I am a naturally moderate person. Still, I had to constantly remind myself not to lose my moderation in my struggle against opponents that can be very cruel.

Indeed, moderation is a valued temperament in this polarized world. It is especially helpful in achieving reconciliation, which is, I believe, the ultimate purpose of justice.

I will bring that attitude with me in seeking to right the wrongs inflicted on me by the government. While no amount of financial compensation can bring back my 13 years of youth, I recognize nevertheless it will be a major component of the justice for me. As the amount will necessarily reflect how wrong the government was, it will likely exceed my ability to spend. Therefore, I will donate most of it to worthy causes - Darfur and new immigrants are two areas in my mind right now – just like what I proposed to do six years ago when I attempted reconciliation with those professors.

My moderation also comes from the prospective that Canada has made great progress in promoting diversity and protecting minority rights. The Chinese community in Canada especially has come a long way. I read some of the stories recounted by head-tax payers recently. The bullying and harassment I suffered at school, although extremely damaging, paled in comparison to those suffered by the early Chinese immigrant children.

With that perspective in mind, while putting more much-needed efforts into eradicating racism in every facet of our society, we can rest assured that the best of Canada is still yet to come.

Analysis of Min Chen’s motive

Sources and their respective credibility

This analysis of Min Chen's real motive in committing the crime is largely based on information from three different sources: the AGREED STATEMENT OF FACTS, a series of news reports filed by 星星生活 reporter 木然 , and various news articles based on interviews with Ms. Lin Yang ( 杨琳), a former family spokesperson for the Chen family. Individual documents, together with their hyperlinks, are listed in the Reference section at the end of this blog.

The ASOF, by definition, cannot be taken as 100% truth. Even the prosecution hedged by proclaiming, in Paragraph 84, that it "does not completely accept the version of events surrounding the death of Cecilia Zhang as admitted to or asserted by the Defendant". Nevertheless, the ASOF does contain many useful information about the investigation that otherwise would not have been available to the public. For example, we now know that Min Chen tried at least three different ways to gain entry into the Zhang house, an indication of a strong determination on his part to kidnap Cecilia on that particular early morning.

My second source of information is the series of reports filed by 星星生活 reporter 木然 in September 2004. I had read those reports before but did not pay much attention to them because (1) the reporter used pseudo names in his reports; (2) the many detailed events about Min Chen could not be found reported elsewhere. After Chen's guilty plea, however, the reporter was able to reveal the identity of his/her source. It was in fact Ms. Fei (Coco) Zhao, from whose apartment Chen and his associate Mr. Li Bin (Robin) Xu rented a room just before he kidnapped Cecilia, as identified in Paragraph 59 of the ASOF [6]. In addition, many details revealed in the reports back in September 2004 are now confirmed by the ASOF.

For example, when asked about the time period when Min Chen lived at her apartment, Ms. Zhao answered: "He moved into my apartment in late July or early August [2003], and moved out on September 30, [2003]." This is consistent with Paragraph 58 of the ASOF. Ms. Zhao also told the reporter about the police incident regarding alleged illegal fishing by Mr. Chen and his associates, which is consistent with Paragraph 60 of the ASOF.

My third source of information is various media interviews with Ms. Lin Yang, a former spokesman for the Chen family. Ms. Yang was involved in the case soon after Min Chen was arrested. Therefore, she was in a unique position to know. Indeed, her account of Chen's sham marriage was too detailed to be dismissed as hearsay. Besides, many of the information she provided to the media can be easily verified although I myself do not have the resource to do so. Also, Ms. Yang and Ms. Zhao both pointed to a "Hamilton woman" as Chen's willing partner in the immigration-through-sham-marriage scheme.

Analysis

First of all, there should be no dispute over the fact that Min Chen wanted very much to stay in Canada permanently. He admitted so in the ASOF, using the unusual word "desperate". He also admitted his plan of achieving this objective through a sham marriage. This is reasonable because a sham marriage appears to be Chen's only viable vehicle to obtain an immigrant status, given that (1) he only had a high school education and poor English skills; (2) he was only 20 years old without much working or business experience; and (3) he did not appear to have any close relatives in Canada.

When Min Chen's mother visited him at Toronto in summer 2003, she also revealed her interest in staying in Canada, presumably after he succeeded. [5] They must have discussed their immigration plan around that time.

Virtually all reporters covering the trial were led by the ASOF to believe that Min Chen's motive in committing the crime was to obtain a ransom of $25,000 to pay for the sham marriage. This is highly doubtful on itself considering that his mother knew his immigration intention and plan. Indeed, many people in the Chinese community expressed their doubt after the media so reported.

In Chinese cultural, it is customary for friends and relatives to come together to help out during times of major life events such as marriage, going to college, etc. So, even if the Chen family does not have $25,000 themselves, they could easily raise that amount among their friends and family in Shanghai for the purpose of immigrating to Canada.

In the report on Sing Tao Daily on May 11, 2006 [6], former Chen family spokesperson Ms. Lin Yang provided many details regarding the sham marriage. According to her, the total fee for arranging the sham marriage with the "Hamilton woman" was $26,000, of which the "Hamilton woman" got $4,000. Min Chen paid about one-sixth of the total fee in Toronto. The rest was paid by his parents in Shanghai. This payment schedule appears to be credible as it is a common practice in immigration consulting field that fees can be paid either in Canada or in China.

Moreover, Chen asked his friends to recommend some "good immigration lawyers" for him AFTER the disappearance of Cecilia Zhang as he was preparing to apply for immigration [3]. And he did file his immigration application later and was eventually rejected [6].

These events have not been proven but could be easily verified. I think they are highly credible. A serious question is thus raised: If Min Chen was so desperate to get money to fund his sham marriage, where did he get his money after he failed to obtain the ransom from Zhang family? And, do not forget he had to pay his immigration lawyer/consultant, too.

The logical answer seems to be that, when it came to his immigration – which was essentially a family matter - Chen should not and did not have a money problem because he had the backing of his family. I should note that, when asked by reporters to comment on these facts, Chen's lawyer declined.

Ms. Yang's version of events is infinitely more plausible than what most people were led to believe by the ASOF, i.e., kidnapping for a ransom of $25,000 to pay for an already illegal scheme of immigration-through-sham-marriage.

So, if his motive was not money, what is it? I believe the answer lies in his immigration scheme.

In the same Sing Tao report, Ms. Lin Yang provided more details about Min Chen's sham marriage. According to her, Chen met only three times with the "Hamilton woman" before they got married in Toronto City Hall in February 2004, some four months after he kidnapped Cecilia Zhang. The first meeting was an introduction, the following two for the purpose of opening joint bank account(s).

Ms. Yang's version of the events is consistent with what Ms. Zhao told the reporter in September 2004. According to Ms. Zhao, Chen visited his "girlfriend" in Hamilton during a weekend while he was staying in her apartment. Chen went out in the morning and came back in the evening on the same day. Chen told her that his "girlfriend" was a Canadian resident.

Putting all those facts together, we get a picture of Chen's immigration moves.

1. Chen had the intention to become a Canadian immigrant as early as in summer 2003, if not earlier.
2. His mother knew his sham marriage scheme in summer 2003. A sham marriage appears to be his only viable vehicle to immigrate.
3. Money was not a problem in his scheme. Rather, the problem was the potential detection of the sham marriage by CIC, unless, of course, Chen struck a deal with CIC directly or indirectly.
4. Chen's sham marriage scheme was well underway during his stay in Ms. Zhao's apartment in August and September 2003. He met his willing partner, the "Hamilton woman", at least once during this time.
5. After he kidnapped Cecilia in the early morning hours of October 20, 2003, Chen continued his scheme as if nothing happened. He met the "Hamilton woman" a couple of times more to open joint bank account(s). They eventually got married in February 2004 in Toronto City Hall, before the discovery of Cecilia Zhang's remains.
6. After the marriage, the Hamilton woman sponsored an immigration application on his behalf, probably with the assistance of an immigration lawyer or consultant hired by Chen.

Given my earlier allegation, with 40% confidence, that CIC had prior knowledge of and very likely was involved in the crime, my new claim, with 60% confidence, is thus that Chen did have a deal with CIC, directly or indirectly. Chen's part of the deal was to kidnap Cecilia Zhang on that particular day. In return, he would be granted a pass of his immigration application through the sham marriage.

Reference

1. AGREED STATEMENT OF FACTS, Ontario Superior Court of Justice, May 9, 2006
2. "我不敢相信陈敏是冷血杀手"（上) , 星星生活记者木然 , September 17, 2004
3. "我不敢相信陈敏是冷血杀手"（中 ), 星星生活记者木然, September 19, 2004
4. "我不敢相信陈敏是冷血杀手"（ 下), 星星生活记者木然, September 20, 2004
5. 陈敏犯罪背后不为人知的事情, 多伦多都市报记者木然, May 12, 2006
6. 杨琳揭陈敏筹款假结婚之谜, 星岛日报, May 11, 2006

60 percent

On May 9, in a surprising turn of event, the sole suspect in Cecilia Zhang abduction and murder, Min Chen, pleaded guilty to second-degree murder in the death of the nine-year-old girl. A much-anticipated trial was over before it started. As a result, the only information coming out of the final trial was a 19-page AGREED STATEMENT OF FACTS, jointly produced by the prosecution and Chen's legal team, with the desperate endorsement of Cecilia Zhang's parents.

Because of the information contained in the ASOF and available media reports, I became even more convinced of my earlier claim that Canadian government "had prior knowledge of and very likely was involved in the crime." Consequently, I now raise that probability from 40% to 60%.

Specifically, I believe that Min Chen's real motive in committing the crime was not to obtain a $25,000 ransom to pay for his sham marriage, as virtually all reporters (and thus the public) were led to believe by this carefully written ASOF. Yes, Chen wanted very much to stay in Canada. But I believe that Citizenship and Immigration Canada (CIC) took advantage of his strong desire and instructed him, directly or indirectly, to abduct Cecilia Zhang on that particular day in return for a promise of approving his immigrant application through a sham marriage.

Before I present the facts and analysis of Chen's real motive, a personal disclosure first. I wrote to both Chen's lawyers and Cecilia Zhang's parents in August 2005 (when my confidence level was at 40%). Although I did not hear back from either party, it's reasonable to assume that both parties have been aware of my allegation since last summer.

I will focus on the two biggest puzzles of the case later:

1. Was it plausible for Min Chen to kidnap an innocent child for the purpose of obtaining a ransom of mere $25,000?
2. Why didn't Chen flee after the abduction and alleged murder? Moreover, why did he continue to pursue the sham marriage and immigration application afterwards?

Update:

• Trial Analysis I: Min Chen's motive
• Trial Analysis II: Min Chen "trial" is fixed
• Trial Analysis III: Who killed Cecilia?