County of Santa Clara
Law Offices of the Public Defender
120 West Mission Street
San Jose, CA 95110
(408) 299-7700 / Fax (408) 998-8265
MOLLY O'NEAL
Public Defender
April 8, 2016
Federal Bureau of Investigation
David M. Hardy
Chief, Record/Information Dissemination Section, Records Management Division
170 Marcel Drive
Winchester, VA 22602-4843
Dear Mr. Hardy:
I am counsel for ______. This letter is a request under the Freedom of Information Act, 5 U.S.S. Sec. 552, as amended by the Electronic FOIA Amendments of 1996, and the Privacy Act, 5 U.S.C. Section 552a, on behalf of my client.
Mr. ______is currently facing a murder charge for a 1983 homicide occurring in San Jose, California in the County of Santa Clara. The victim of the homicide was Denh Nguyen. One of the suspects in the homicide was Dat Van Pham. The Federal Bureau of Investigation assisted San Jose Police Department in the investigation of Dat Pham as a suspect.
Accordingly, I am requesting the release to me of the following:
1. Mr. Pham’s Personal File: all information, records and other materials contained in your agency’s file for Dat Van Pham, date of birth 12/31/1973. Particularly, any evidence of involvement as a suspect or accomplice or aider and abettor in homicides.
2. Investigation File supporting federal criminal case #97CR1019: In #97CR1019, Dat Pham was charged with conspiracy, attempted robbery, and carrying a firearm in a crime of violence. He had 7 other codefendants: Hung Dung, Hoang Minh Nguyen, Truong Minh Tran, Cuong Quang Thach, Thanh Hua, Qang Chan Lai, Tai Luc Su. A mistrial in the case was declared after the jury was deadlocked and charges were not refiled. All information, records and other materials contained in your agency’s file for this criminal case file.
3. Investigation File on Homicide: all information, records, and other material contained in your agency’s file regarding your agency’s involvement in the investigation of a homicide on July 7, 2003, at 1183 Ribisi Circle, San Jose, CA, San Jose Police Department Report #03-188-0189. Victim identified as Dahn Nguyen and witness/suspect Dat Pham. I have identified at least one officer from your agency that assisted in the investigation:
Dave Shoots (spelling may be incorrect.)
4. Investigation File on Drug Deal: all information, records, and other material contained in your agency’s file regarding your agency’s involvement in a drug deal involving Dat Pham sometime between July 8, 2003 and 2008 that resulted in a warrant for his arrest and subsequent homicide interview by San Jose Police Officer Charles “Chuck” Hahn. I have identified at least one officer from your agency that assisted in the investigation:
Dave Shoots (spelling may be incorrect.)
5. Mr. Thanh Tran’s Personal File: all information, records and other materials contained in your agency’s file for Thanh Tran, date of birth 8/28/1979, SSN 567-63-0112. Information provided by San Jose Police Department identifies Mr. Tran as a possible cooperating witness with your agency in the investigation of Dat Pham.
6. Mr. Tom Tran’s Personal File: all information, records and other materials contained in your agency’s file for Tom Xuan Tran, date of birth 4/1/1982. Information provided by San Jose Police Department identifies Mr. Tran as a possible cooperating witness with your agency in the investigation of Dat Pham.
7. Investigation File on Related Homicide: all information, records, and other material contained in your agency’s file regarding your agency’s involvement in the investigation of a homicide of “Andy” Khanh Nguyen on June 9, 2003, at 11944 Centralia Street in the city of Hawaiian Gardens, Los Angeles County, Los Angeles County Sheriff Department Report #003-14651-1352-011.
8. Information on the “Monterey Park Wah Ching”: all information, records, and other material contained in your agency’s files on the gang, known as the Wah Ching, in the Los Angeles County Monterey Park area from January 1, 2003 to present. I have identified at least three task forces which your agency may have been or is a part of which has been investigating the Wah Ching:
LA Impact Task Force
The Violent Gang Task Force
The Organized Crime Drug Enforcement Task Force
I request all information obtained by the above task forces on the Wah Ching for the time and in the areas noted above, as well as any information pertaining to this gang for this time and in these areas contained in other files within your agency.
9. Information on “Operation Grey Eagle”: all information, records, and other material contained in your agency’s file on “Operation Grey Eagle,” related to the Monterey Park Wah Ching Gang, from January 1, 2002 to present.
10. Possible Members of the Wah Ching Gang: all information, records and other material contained in your agency’s file on the following individuals who have been identified as possible members of the Wah Ching and a may be possible suspects in this case:
a. “Randy” Vinh Quoc Duong, CDL #C7103225, 550 E. Newmark #C, Monterey Park, Rosemead, (626) 318-2747, (626) 675-6476;
b. “Simon” Cam Simon Quang Ta, 3738 N. Ivar., Rosemead, (626) 272-1413, (626) 675-6485;
c. “Oscar,” 7164 Dinwiddle, Downey;
d. “Koma” Kin Yew Leoung, 19027 E. Northam, West Covina, (626) 318-1695
e. “Tong” Thang Nguyen, CDL #577333, 3403 Burton Ave., Rosemead;
f. “Andy” Khanh Nguyen, DOB 1/17/1975, (714) 213-0102;
g. “Kick” Dai Quang Han, DOB 1/4/1980, CDL #B6355649, (626) 272-9781.
h. “Moko” Nghi Cam Ta, AKA Jimmy Ta, DOB 8/25/1979, CDL #B6488542, Runs Cybergift, Inc., 821 N. Spring #126, Los Angeles, (626) 757-9475;
i. Patrick H. Pai, DOB 8/30/1976, 9521 Kenerly, Temple City, (626) 625-8060;
j. “Bobby” Kim Boramey Son, DOB 12/19/1982, CDL #D3635980,1860 Quimby Road, San Jose;
k. Binh Hoang, AKA Binh Phan Hoang, AKA Luu Binh Hoang, DOB 7/11/1975, SSN 625-74-2572;
l. Danh Nguyen, AKA Catfish, DOB 6/10/1971, SSN 467-73-8747;
m. “Rich” or “Alec,” male Pakistani from Canada.
n. Hung Dung
o. Hoang Minh Nguyen
p. Truong Minh Tran
q. Cuong Quang Thach
r. Thanh Hua
s. Qang Chan Lai
t. Tai Luc Su
11. Wiretap data related to Dat Pham and “Minh”: all information, records, and other material contained in your agency’s file on the wiretap of Dat Pham and “Minh” from 2003 to present. I have been provided information identifying that the Department of Justice, in connection with the LA Impact task force and Operation Grey Eagle, conducted a wiretap of Dat Pham in 2004 to phone number 604-722-8343 and the target was Melissa Diep.
12. Victims and Other Witnesses Involved in Case: all information, records and other material contained in your agency’s files, including a search of the Western States Information Network, and the Violent Gang and Terrorist Organizations File, on the following individuals who are victims or witnesses in this case:
· Melissa Diep, DOB 10/10/1976, SSN 525-35-8441, CDL #A9539177;
· Thanh Tran, DOB 8/28/1979, SSN 567-63-0112;
· Tom Xuan Tran, DOB 4/1/1982;
· Vu Thanh Co, AKA David, DOB 8/3/1977, SSN 551-83-1166;
· Binh Hoang, DOB 7/11/1975, SSN 625-74-2572;
· Tran Huyen Lam, 2/17/1982, SSN 564-73-8400;
· Danh Nguyen, AKA Catfish, DOB 6/10/1971, SSN 467-73-8747
· Anna Nguyen, AKA Anna Griffin, SSN 149-72-6835;
· Qui Tran, DOB 1/20/1982, CDL #B8617384, SSN 610-92-5958;
· Hung Tran, DOB 1972, CDL #84481830, SSN 554-65-3676
· Hung Dung
· Hoang Minh Nguyen
· Truong Minh Tran
· Cuong Quang Thach
· Thanh Hua
· Qang Chan Lai
· Tai Luc Su
As required by the amended Freedom of Information Act, I request access to these records within 20 working days of your receipt of this letter. Please inform me before you task my request if there are any fees for searching, reviewing or copying the records. If any material is deemed exempt, I request a specific statement of the portion deleted or withheld, a full statement of the reasons for the refusal of access, and specific citations of statutory authority for any denial.
Thank you for your attention to this matter.
Sincerely,
Kelley Paul Kulick
Deputy Public Defender
(408) 299-7758
Assistant Public Defenders: Jose G. Guzman, J.J Kapp, and Michele Diederichs