Saturday, June 03, 2006

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