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that office failed to follow up with those witnesses, and they were never contacted to provide statements and were no longer available to testify by the time the trial began on June 3, 1974. Mr. Hintz was later faulted for ineffective counsel, as he had called
Inspector Frank Falzon as a defense witness and asked Falzon if he knew of any motive why Tak was killed; Falzon seized the opportunity to create a series of incriminating statements at Lee's trial. The trial court was also faulted for not allowing Lee to withdraw the "coercive change of venue". In addition, key evidence was not provided to Lee's defense attorneys during discovery, including alternative theories for the motive, the existence of percipient witnesses, that some witnesses may have seen the killer exit a tan Cadillac several minutes prior to the shooting, and that some police reports and polygraph results supported Lee's innocence.
305:.357 revolver and had 41 rounds of .38 caliber ammunition in his pocket. According to the arresting plainclothes officer, as Lee was being handcuffed, he said "Go ahead and kill me. I would be rather off — I would be better off." Lee testified he made the statement after being whipped across the nose with the bag of .38 caliber bullets. During the drive to the Hall of Justice, Lee added "You guys are always picking me up. Last time it was robbery. this time it's murder. And I was just going home tomorrow." According to Lee, after he was advised again of his rights at the Hall of Justice and requested a lawyer, Inspectors Frank Falzon and Jack Cleary told him that if his story checked out, he would be released and would not need an attorney, which is when Falzon and Cleary began recording their conversation.
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1974. The San
Francisco Public Defender's Office had filed a motion for discovery on August 30, 1973, and followed up with a motion for a change of venue on September 4,; the trial court granted the motion for discovery and denied the change of venue, but was overruled by the Appeal Court on February 13, 1974, which issued an order to grant the change of venue. However, the Public Defender's Office realized the change of venue would not aid their client and asked to withdraw the change of venue motion on March 21, which was denied even though the hearing to investigate the feasibility of a change of venue had not yet been held.
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subject of the "Ski Mask
Bandits" during his testimony on June 11, 1974. Some members of the "Ski Mask Bandits" had been arrested in Reno in May 1973 for a bank robbery; Lee was also arrested in Reno for possession of "bait money", marked bills that had been taken during the robbery. In addition, newspaper clippings about the "Ski Mask Bandits" were recovered from Lee's room. The conviction was won in part on the damning testimony of Falzon, who had been invited by the defense to testify about his "knowledge of a motive as to why Mr. Yip Yee Tak was killed"; in the writ of
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Grant; all five were white males. Lee's photograph was among the mugshots selected by the witnesses as the potential gunman, but the mugshot of Lee that was picked dated to 1969. A subsequent autopsy recovered .38 caliber bullets from Tak's body. The .38 Special had been taken during a robbery of the Sun Sing
Theater in Chinatown. Ballistic comparison to rounds test fired indicated the .38 Special recovered from Beckett Alley was the murder weapon.
333:, the San Joaquin Public Defender's Office later stated the defense "counsel had no purpose in 'opening the door' to the rumors, rank gossip, prior arrests, suggestive affilitations, and other grossly prejudicial and patently inadmissible evidence which poured into the case . When Deputy District Attorney Lassart completed his 'cross-examination' of Inspector Falzon, the defense lay in shards." Lee testified that he had met his girlfriend at the
393:. The defense committee grew into a grassroots coalition of activists determined to raise awareness, funds, and resources to overturn Lee's sentence. The movement became one of the first waves in American history to build organized support around a shared Asian American identity. After Lee's exoneration, he publicly stated that he was "very grateful that case has become an educational experience for the Asian community".
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murder, three alternative theories were advanced for Tak's killing, including that Tak was a suspect in three rapes. In addition, the police report of June 6 included a statement from a confidential informant that asserted that just before Tak was killed, he was seen having coffee with another person before apparently reaching some sort of agreement and then arguing.
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375:, embarked on a six-month investigation in June 1977, into what became known as the "Alice in Chinatown Murder Case". On October 8, 1977, Lee killed Morrison Needham in a prison yard altercation. Lee, who claimed self-defense, was charged with murder with special circumstances because of his earlier murder conviction, which calls for the death penalty.
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Placed in a lineup on June 11, three of the five witnesses picked out Lee as the killer; however, of the mugshots identified by the witnesses shortly after the shooting, only Lee was brought into the lineup. A SFPD criminologist tied the bullet recovered from the wall across from Lee's apartment with
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The day before Tak was killed, police officers responded to reports of gunfire at an apartment on
Broadway rented by Lee; they removed a bullet from the wall facing the window of Lee's apartment. Lee was arrested at approximately 11:00 pm on June 7 as he returned to his apartment. At the time of
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after her shift ended, at approximately the same time the shooting occurred; the pair walked back to
Chinatown via Stockton and ate at a restaurant at Jackson and Grant before returning to his apartment at approximately 11 pm. He said the gunshot on June 2 had occurred while he was cleaning the
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Hintz accepted the assignment contingent on assistance from the San
Francisco Public Defender's Office, which never materialized. Although the San Francisco Public Defender's Office was provided with the names of witnesses who could provide an alibi for Lee's whereabouts at the time of the shooting,
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Clifford Gould, a public defender from the San
Francisco Public Defender's Office, was appointed to Lee's defense in June 1973 after Lee's arrest, but withdrew after the trial venue was moved to Sacramento; Lee was subsequently assigned Hamilton Hintz, a public defender from Sacramento, on April 2,
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Judge Peter Saiers ordered Chol Soo Lee to be released on March 28, 1983, after Lee's supporters pledged property worth twice the amount of the $ 250,000 bail. However, the prosecution moved to retry Lee on the prison killing charge. Lee's co-counsels were able to plea bargain on the
Needham case.
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Lee was arrested on June 7, 1973, for the murder of Yip Yee Tak. At the time, Lee was under probation from a charge of grand theft from a person; he had pleaded guilty in
December 1971 and was sentenced to 180 days in county jail and three years' probation in January 1972. The probation portion of
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revolver used by the killer had been discarded in Beckett Alley, where it was recovered. Five witnesses were taken to the police station to view mugshots; three had witnessed the shooting, and two saw a man wearing the clothing (described by the first three witnesses) moving away from Pacific and
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Inspector Falzon testified that he believed Lee was a gun for hire paid by the Wah Ching to kill Tak after Tak had misappropriated funds from the gang. Several of the potential gunmen in the police lineup were members of the Wah Ching. Falzon's partner, Inspector Jack Cleary, first broached the
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One of the key pieces of evidence that was not disclosed by the prosecution during discovery was a police report filed by Inspector Falzon dated June 6, 1973; in that report, which directly rebutted Falzon's unsourced assertion that Tak's death was a contract killing and therefore first-degree
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in 1991; the arson went awry, leaving Lee with third-degree burns over 90% of his body. Lee subsequently testified against Chong after those who had hired him for the arson failed to pay. He was later arrested for the arson and sentenced to three years probation after pleading guilty.
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the purported murder weapon on June 15, but later recanted after an independent criminologist proved they did not match; when pressed, the SFPD criminologist stated he had made "a contrary conclusion because he felt it was necessary to obtain a conviction."
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hearing was held in 1978, and granted in February 1979. Meanwhile, Lee was tried and convicted for first-degree murder relating to the stabbing death of Needham, and was sentenced to death in May 1979. Following the death sentence, Lee was transferred to
143:, in 1952, the son of a Korean woman who was raped and abandoned by her family. His mother then married a US soldier and emigrated to America, leaving Lee with an aunt and uncle. In 1964 she returned to Korea to bring her twelve-year-old son to the US.
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View southeast towards the southeast corner of Pacific & Grant (2019); Pacific slopes downhill towards the left of the photograph, and Beckett is between the bank building in the foreground and Ping Yuen in the
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due to his limited education and experience until he was provided an attorney from the San Joaquin County public defender's office on October 18, 1977, following his arraignment for the stabbing of Needham.
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nullified Chol Soo Lee's death sentence for the Needham stabbing, citing the Stockton trial judge's incorrect jury instructions, and for allowing hearsay testimony in the death penalty phase of the trial.
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In the midst of numerous speaking engagements, Lee shared his story with Bay Area youth, stressing the importance of engaging with the Asian American community. He also drafted an autobiography entitled
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While he was wrongfully convicted, Lee often admitted that he was not an angel on the outside, but, at the same time, was not the devil. Lee and a friend were hired to burn down a house belonging to
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grant was upheld by the Court of Appeals for the Third District in March 1980 and the conviction for the first trial was set aside. The prosecution then moved to retry the murder of Tak.
389:, school teacher Grace Kim in Sacramento, third generation Japanese American college student Ranko Yamada, and third-generation Korean Americans Gail Whang and Brenda Paik Sunoo in the
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The continuing investigative series prompted a local drive to form the first Chol Soo Lee Defense Committee, organized as a pan-Asian effort by then law school graduate Jay Yoo and
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jury acquitted Lee of the murder of Yip Yee Tak, and its foreman joined the Chol Soo Lee Defense Committee. On January 14, 1983, California's 3rd District
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organized crime organization, was gunned down in the early evening of Sunday, June 3, 1973, as part of the continuing gang war between the Wah Ching and
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starting in the summer of 1967, leaving him with limited education and experience in America outside of detention facilities and mental hospitals.
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joined Lee's defense committee while Adachi was attending college and credits the case with sparking his eventual pursuit of a career in law.
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1678:
1580:"'Gradually, Then Suddenly: The Bankruptcy of Detroit' Wins 2021 Library of Congress Lavine/Ken Burns Prize; 'Free Chol Soo Lee' Runner-Up"
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was confirmed as Chol Soo Lee's court-appointed defense attorney. In February 1982, Lead defense attorney Leonard Weinglass withdrew, and
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Lee was convicted of first-degree murder on June 19 and was sentenced to life imprisonment on July 10. His conviction was upheld by the
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276:. According to an eyewitness, Tak was shot from behind; after Tak fell, the killer ran east along Pacific, downhill towards Columbus.
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533:. The film was directed and produced by Julie Ha and Eugene Yi, and produced by Oscar-Nominated producer Su Kim. It was selected by
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Lee ran away from his foster home in October 1966; after he was picked up by authorities, he served a 13-month sentence with the
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public school system and juvenile authorities declared that Lee was mentally disturbed by 1965, diagnosing him as an adolescent
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115:. Chol Soo served ten years of his sentence for the killing of Yip Yee Tak, of which he was later acquitted, eight of those on
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Chol Soo Lee died on December 3, 2014, in San Francisco from complications of a gastric disorder. He was 62 years old.
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Judge: ROBERT W. COLE, Department Number One, SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF SACRAMENTO
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in July 1978, alleging that key evidence had been suppressed at his first trial. Lee was not aware of the remedy of
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movement. Chol Soo finally won his freedom in 1983 through the help of the Free Chol Soo Lee Defense Committee and
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Lee never received an apology or compensation from the state. He lived the rest of his life in San Francisco.
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is loosely based on Lee's retrial and acquittal, and the character of Shu Kai Kim in the film (played by
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in March 1966 for three months, then transferred to a foster home in Hayward after being declared sane.
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Lee, who had served nearly ten years in prison, was given credit for time served and freed from prison.
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Shortly afterward, police responded to the scene at approximately 8:10 pm (17 minutes before
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1168:"Cold Criminal or Victim of Fate? / Man freed in '73 Chinatown killing faces '3 strikes' law"
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662:"Reporter's Transcript, People of the State of California vs. Chol Soo Lee, Case no. 44362"
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sparked the formation of the Free Chol Soo Lee Defense Committee, which spurred a national
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1414:"Free Chol Soo Lee review – wrenchingly sad chronicle of injustice in 70s San Francisco"
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On August 11, 1982, the retrial of the first case began, and on September 3, 1982, the
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1695:"A story of wrongful conviction: Interview with Chol Soo Lee by Alice Kim Sept 2006"
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after a suicide attempt while being held at juvenile hall. He was later admitted to
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Not speaking English or having parents to guide him, he had a difficult life. The
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for the killing of another prisoner, Morrison Needham, though Chol Soo claimed
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immigrant who was wrongfully convicted for the 1973 murder of Yip Yee Tak, a
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1729:"Chol Soo Lee, Who Sparked Early Pan-Asian American Movement, Dies at 62"
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1746:"How Asian Americans United to Free an Innocent Man on Death Row in SF"
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511:) is based on Lee, the character of Eddie Dodd in the film (played by
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on January 29, 1978. It questioned the verdict in the murder of Tak.
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1679:"What Price Justice? A commentary on the acquittal of Chol Soo Lee"
1231:"Chol Soo Lee, famed for murder conviction and release, dies at 62"
307:
290:
272:. Tak was shot at the intersection of Pacific and Grant, near the
140:
1467:"'Free Chol Soo Lee' Review: An Indictment of the Justice System"
1287:"(transcript) Tony Serra / The Original True Believer - Stanford"
107:
leader, and sentenced to life in prison. While in prison, he was
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Alerted by young Asian American supporters of Chol Soo Lee from
104:
1759:
Lust for Justice: The Radical Life & Law of J. Tony Serra
1388:
529:, a documentary, was screened in January 2022 as part of the
283:), and an unrecorded witness pointed out the empty five-shot
1338:"Tony Serra discusses Walking the Circle: Prison Chronicles"
585:"Alice in Chinatown: Chol Soo Lee and His Fight for Freedom"
312:
View south along Beckett towards Jackson from Pacific (2019)
1195:
Freedom without Justice: The Prison Memoirs of Chol Soo Lee
87:
1983 exoneration from 1973 death sentence murder conviction
1829:
985:"The Lady From Shanghai - On The Lam - Mandarin Theatre 1"
805:. Superior Court of the State of California. July 17, 1978
1815:"Inventory of the K.W. (Kyung Won) Lee Papers, 1972-1998"
854:"Alioto Orders Police To Halt Gangland Wars In Chinatown"
1560:. International Documentary Association. 14 January 2016
1701:. The Campaign to End the Death Penalty. Archived from
1098:. California. Court of Appeal (1st Appellate District).
1804:
Kyung Won Lee Papers Relating to the Chol Soo Lee Case
1582:(Press release). Library of Congress. October 26, 2021
1055:
1053:
1777:"People of the State of California vs. Chol Soo Lee"
1364:"Jeff Adachi, crusader behind Prop. B pension plan"
543:
Gradually, Then Suddenly: The Bankruptcy of Detroit
539:
Library of Congress Lavine/Ken Burns Prize for Film
378:The first of two articles by K. W. Lee appeared in
83:
75:
63:
48:
21:
1192:Lee, Chol Soo (June 2017). Kim, Richard S. (ed.).
555:List of wrongful convictions in the United States
1636:"A Conversation with Chol Soo Lee and K. W. Lee"
1198:. Honolulu, Hawaii: University of Hawaii Press.
1095:Records and Briefs: A017346, Petition for Review
1011:"Chol Soo Lee's Complicated Heroism and Legacy"
656:
654:
652:
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612:National Asian Pacific American Bar Association
592:National Asian Pacific American Bar Association
154:and committing him to the McAuley Institute at
959:"San Francisco's Chinese Resist School Busing"
730:K.W. Lee Papers Relating the Chol Soo Lee Case
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345:on April 30, 1975. Lee served his sentence at
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365:about his innocence, investigative reporter
1875:South Korean emigrants to the United States
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96:(August 15, 1952 – December 2, 2014) was a
957:Kneeland, Douglas E. (10 September 1971).
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1835:Ha, Julie; Yi, Eugene (21 January 2022).
1685:. Vol. 1, no. 2. Archived from
343:Court of Appeal, Third Appellate District
39:, California (1977, photo by interviewer
906:"Sunrise Time, Sunset Time June 3, 1973"
668:. Sacramento County Superior Court. 1974
578:
576:
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572:
570:
1605:Lee, Chol Soo (2005). "A Silent Plea".
1038:. The National Registry of Exonerations
931:"Sun Sing Theatre in San Francisco, CA"
701:"Free Chol Soo Lee movie review (2022)"
566:
1558:"Sponsored project: Free Chol Soo Lee"
173:his sentence started on June 5, 1972.
1061:"CHRONOLOGY OF THE CHOL SOO LEE CASE"
726:"Chronology of the Chol Soo Lee case"
7:
1870:Asian-American-related controversies
1362:Knight, Heather (October 17, 2010).
1258:"J. Tony Serra - Walking the Circle"
1655:10.17953/amer.31.3.q6p04504u5t5g8q4
1619:10.17953/amer.31.3.h75r74wx5g761283
452:San Francisco County Superior Court
401:Lee filed a petition for a writ of
1465:Kenigsberg, Ben (11 August 2022).
14:
1677:Ranko Yamada (Fall–Winter 1982).
1229:Egelko, Bob (December 17, 2014).
463:San Joaquin County Superior Court
1307:"Tony Serra · Podcast Interview"
238:
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212:
198:
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135:Early life, family and education
1808:University of California, Davis
965:. Special to The New York Times
357:Publicity and Defense Committee
301:his arrest, Lee was carrying a
1817:. Online Archive of California
1761:. Lightning Rod Publications.
1710:Melissa Chin (April 1, 2008).
1439:Harvey, Dennis (12 May 2022).
1135:Isaacs, Matt (June 14, 2000).
1110:"Free Chol Soo Lee Trailer #1"
829:"CHINESE PLAYGROUND: A MEMOIR"
537:as the runner-up for the 2021
426:San Quentin State Penitentiary
1:
1727:Julie Ha (December 3, 2014).
803:, Chol Soo Lee v. R. M. Rees"
264:Tak, a youth advisor for the
119:. Investigative reporting by
1782:Online Archive of California
1744:Samson, Carl (28 May 2021).
1492:"Feature: Free Chol Soo Lee"
1441:"The Ballad of Chol Soo Lee"
1166:Sward, Susan (May 6, 1995).
666:Online Archive of California
347:Deuel Vocational Institution
1712:"The Story of Chol Soo Lee"
1538:. The Better Angels Society
234:Killer fled east on Pacific
1901:
1787:California Digital Library
732:. UC Davis Digital Library
515:) is based on Tony Serra.
274:Ping Yuen Housing Projects
167:California Youth Authority
37:Deuel Vocational Institute
1757:Frankl, Paulette (2010).
535:The Better Angels Society
447:joined the defense team.
156:St. Mary's Medical Center
28:
1634:Kim, Richard S. (2005).
1516:. Tribeca Film Institute
1494:. Sundance Film Festival
259:Chinatown, San Francisco
16:Korean American exoneree
1368:San Francisco Chronicle
1172:San Francisco Chronicle
1116:. Rotten Tomatoes Indie
1065:digital.lib.ucdavis.edu
881:"The Chinatown Murders"
488:Freedom without Justice
397:Retrial and exoneration
102:San Francisco Chinatown
1514:"An American Prisoner"
885:San Francisco Examiner
799:"Petition for writ of
531:Sundance Film Festival
391:San Francisco Bay Area
313:
297:
1689:on November 22, 2008.
833:chineseplayground.com
311:
294:
177:Murder of Yip Yee Tak
1880:Wrongful convictions
1830:Kyung Won Lee Center
1739:on December 9, 2014.
1722:on November 7, 2010.
1705:on October 10, 2010.
1699:The New Abolitionist
380:The Sacramento Union
372:The Sacramento Union
1837:"Free Chol Soo Lee"
1536:"Free Chol Soo Lee"
1389:"Free Chol Soo Lee"
858:Santa Cruz Sentinel
160:Napa State Hospital
1806:Digital Projects,
1683:East Wind Magazine
1471:The New York Times
963:The New York Times
879:Emch, Tom (1973).
860:. AP. June 5, 1973
689:(documentary 2022)
594:. November 9, 2018
314:
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109:sentenced to death
23:Chol Soo Lee (이철수)
1885:People from Seoul
1768:978-0-615-38683-6
1393:Free Chol Soo Lee
1147:on 27 August 2019
699:Henderson, Odie.
687:Free Chol Soo Lee
526:Free Chol Soo Lee
437:Leonard Weinglass
435:On 21 July 1980,
428:. On appeal, the
387:Davis, California
351:Tracy, California
220:.38 Spl recovered
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1735:. Archived from
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1643:Amerasia Journal
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1607:Amerasia Journal
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1420:. 21 August 2022
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1264:. 20 August 2013
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139:Lee was born in
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67:December 2, 2014
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1671:Further reading
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