T R I A L R E E N A C T M E N T A LIVE VIRTUAL PERFORMANCE The Asian Pacific American Bar Association of South Florida WITH ITS COHOSTS The Asian Pacific American Bar Association of Tampa Bay The Greater Orlando Asian American Bar Association The Jacksonville Asian American Bar Association PRESENT THE MURDER OF VINCENT CHIN ORIGINAL SCRIPT BY THE ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK VISUALS BY JURYGROUP TECHNOLOGY SUPPORT BY GREENBERG TRAURIG, PA WITH MARIA AGUILA ONCHANTHO AM VANESSA L. CHEN BENJAMIN W. DOWERS ZARRA ELIAS TIMOTHY FERGUSON JACQUELINE GARDNER ALLYN GINNS AYERS E.J. HUBBS JAY KIM GREG MAASWINKEL MELISSA LEE MAZZITELLI GUY KAMEALOHA NOA ALICE SUM AND THE HONORABLE JEANETTE BIGNEY THE HONORABLE HOPE THAI CANNON THE HONORABLE ANURAAG SINGHAL ARTISTIC DIRECTION BY DIRECTED BY PRODUCED BY ALLYN GINNS AYERS BERNICE LEE SANDY CHIU ABOUT APABA SOUTH FLORIDA The Asian Pacific American Bar Association of South Florida (APABA) is a non-profit, voluntary bar organization of attorneys in Miami-Dade, Broward, and Palm Beach counties who support APABA’s objectives and are dedicated to ensuring that minority communities are effectively represented in South Florida. APABA of South Florida is an affiliate of the National Asian Pacific American Bar Association (“NAPABA”). All members of APABA are also members of NAPABA. APABA’s goals and objectives coincide with those of NAPABA, including working towards civil rights reform, combating anti-immigrant agendas and hate crimes, increasing diversity in federal, state, and local government, and promoting professional development. The overriding mission of APABA is to combat discrimination against all minorities and to promote diversity in the legal profession. Board of Directors and Officers 2020-2021 Guy Noa President Sandy Chiu Allyn Ginns Ayers Immediate Past President President- Elect Vanessa Chen Joseph Matthews Timothy Ferguson Vice President of Membership Secretary Treasurer Bernice Lee Hans Huang Director Director Steve Suh Melissa Mazzitelli Director Director Tiexin Yang Anthony Reynolds Voluntary Bar Liaison Law School Liaison DIRECTOR'S MESSAGE I am honored to welcome you to the virtual performance of the Trial Reenactment of The Murder of Vincent Chin, presented by the Asian Pacific American Bar Association of South Florida with co-hosts the Asian Pacific American Bar Association of Tampa Bay, the Greater Orlando Asian American Bar Association, and the Jacksonville Asian American Bar Association. I would like to thank the Asian American Bar Association of New York, the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit and Kathy Hirata Chin, who have produced 12 trial reenactments, including The Murder of Vincent Chin. Tonight’s script consists of original narration with excerpts from actual transcripts of court proceedings, briefs, letters, and other original documents. In 1982, there was increased racial animosity toward Asian Americans due to a troubled U.S. auto industry, rising unemployment among autoworkers, and increased cdofamdpfaetditfiaon from Japanese automobile manufacturers. Vincent Chin, a young Chinese American engaged to be married the following week, was beaten to death by Ronald Ebens and Michael Nitz in Detroit on June 19, 1982. The prosecutors initially charged the two assailants with second- degree murder but offered a plea bargain to third-degree manslaughter. They received probationary sentences—meaning neither served any jail or prison time—and were ordered to pay a nominal fine of $3,000 and court costs of $780. The judge explained that probation was appropriate because he believed Ebens’ and Nitz’s account that Vincent initiated the fight, Vincent had survived for four days on life support, and he found reasonable doubt as to whether intent to murder existed. The judge later justified the lenient sentence by stating, “These weren’t the kind of men you send to jail . You don’t make the punishment fit the crime. You make the punishment fit the criminal.” The injustice galvanized the Asian American community to organize a national civil rights movement, demanding that Asian Americans should be treated with equal justice, fairness and dignity. These protests led to an investigation and subsequent indictment for the violation of Vincent Chin’s civil rights. This was the first federal civil rights claim brought on behalf of an Asian American person. Ebens, who swung the bat at Vincent’s head, was found guilty in federal court and sentenced to 25 years in prison, but his conviction was overturned on appeal on the basis that the federal prosecutors tampered with witness testimony in getting Vincent’s friends to “agree on what happened.” At the retrial, Ebens was acquitted with a Cincinnati jury finding no racial motivation in the killing of Vincent Chin. Nitz, the accomplice, was acquitted of all charges. The civil lawsuit for the unlawful death of Vincent Chin was settled out of court in 1987, with Nitz ordered to pay $50,000 and Ebens to pay $1.5 million. To date, however, only $20,000 has been paid to his estate. Vincent was targeted and killed because he was Asian during a tumultuous time of anti-Asian sentiment. Because he was Asian, the promise of justice in our legal system and society was unrealized and unfulfilled. DIRECTOR'S MESSAGE Today, in 2020, 38 years later, Vincent Chin’s case finds renewed and deeper resonance. We are in the middle of a global pandemic that has exacted a significant toll on human life and economic opportunity. Rather than uniting communities in America and around the world in this public health crisis, some officials have resorted to dangerous race-based rhetoric, calling the coronavirus, “China virus,” “Kung flu” and “China plague.” It is no coincidence that this has incited xenophobia, scapegoating, anger, discrimination, and violence towards people who identify as Asian American or Pacific Islander (“AAPI”). Advocacy groups report that more than 2,100 anti-AAPI hate incidents related to the coronavirus have been reported across the U.S. between March and June 2020. This number, however, does not capture all of the verbal assaults, online harassment, and physical attacks that go unreported. Vincent Chin’s story is a powerful reminder that 38 years later, Asian Americans still face racist attacks and scapegoating. We honor his legacy by speaking up against discrimination, educating and enlisting our allies, and pushing for a more inclusive society in order to advance and protect our communities. I hope this evening’s performance inspires you to continue fighting for justice for Vincent Chin, and for equal justice, fairness and dignity for our communities. Sincerely yours, Bernice Lee Past President of APABA South Florida Maria Aguila Onchantho Am Vanessa L. Chen Benjamin W. Dowers Zarra Elias Timothy Ferguson Jacqueline Gardner Allyn Ginns Ayers E.J. Hubbs Jay Kim Greg Maaswinkel Melissa Lee Mazzitelli Guy Noa Alice Sum Hon. Jeanette Bigney Hon. Hope Thai Cannon County Court Judge US Magistrate Judge 9th Judicial Circuit of Florida Northern District of Florida Hon. Raag Singhal US District Court Judge Southern District of Florida C A S T in order or appearance Narrator 1 . TIMOTHY FERGUSON Narrator 2 . ALICE SUM Bruce Saperstein, criminal trial defense counsel . GUY NOA Ronald Ebens, defendant . B. ENJAMIN W. DOWERS Theodore Merritt, federal trial prosecutor . .E.J. HUBBS David Lawson, first federal defense counsel . ZARRA ELIAS Racine Calwell, dancer witness . ALLYN GINNS AYERS Jimmy Choi, Vincent Chin's friend witness . JAY KIM Frank Eaman, second federal defense counsel . .VANESSA L. CHEN Clerk . JACQUELINE GARDNER Foreman . MELISSA LEE MAZZITELLI Liza Chan, community leader . ONCHANTHO AM Gary Koivu, Vincent Chin's friend . MARIA AGUILAR Robert Sirosky, Vincent Chin's friend . GREG MAASWINKEL Understudy . MELISSA LEE MAZZITELLI Judge Charles Kaufman. HON. JEANETTE BIGNEY State Court Trial Judge Judge Anna Diggs Taylor . HON. HOPE THAI CANNON Federal Trial Judge Judge Albert Engel . HON. RAAG SINGHAL Sixth Circuit Appeals Judge TIMELINE OF EVENTS June 19, 1982. .V incent Chin is savagely beaten. Chin dies four days later. March 16, 1983. State court sentencing proceeding: Ebens and Nitz are each sentenced to three years probation, a $3,000 fine, and court costs. March 31, 1983. .American Citizens for Justice (ACJ) is founded. May 17, 1983. Liza Chan meets with Choi, Koivu, and Sirosky. June 1983. ACJ meets with the Department of Justice. November 1983. A federal grand jury indicts Ebens and Nitz for interfering with Chin’s right to use and enjoy a place of public accommodation on account of his race. June 5, 1984. .First federal trial begins (Eastern District of Michigan). June 28, 1984. .The jury finds Ebens guilty. September 11, 1986. .Ebens’ conviction is reversed by the Sixth Circuit Court of Appeals. On remand, a motion to change venue is granted, and the second federal trial is held in Cincinnati. May 1, 1987. The Cincinnati jury acquits Ebens. APABA thanks its generous sponsors of this event TECHNOLOGY SPONSOR ANNUAL SPONSORS EVENT SPONSORS Margaret Chow Starner.