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World Traveler
Joined: 29 May 2009
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 Posted: Fri Jul 08, 2011 4:56 pm Post subject: Korean courts sentence American to two years in prison |
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An interesting video:
http://www.wnep.com/wnep-luz-hazleton-native-arrested-in-south-korea-20110708,0,2019089.story
Does anyone have more information on this case?
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A South Korean cab driver claimed he was robbed and brought police to Fisher.
"And the cab driver said, 'That's him,' and they beat him on the street," Robert Fisher said. "He never got in the cab."
"He would never take any money that wasn't his or anything, never," said mother Sandra Fisher.
For three months, Andre Fisher told his parents he thought the Korean court would drop the charges.
He claimed the only evidence was grainy surveillance video of a man wearing a hood.
"He really thought it was like we are. That you didn't do it, and how could they prove anything," added Sandra Fisher.
"And they convicted him off that," said Robert Fisher.
A South Korean judge sentenced the soldier to two years in prison.
Hazleton Area High School English teacher Susan Burrows thought Andre was the kind of kid destined for success. "I still think there are still great things ahead for this boy, if we can help him and get him out of his situation," Burrows said.
"Nobody's doing anything, and it's wrong, it's wrong," said friend Brittany Gresh. She kept in touch with him in Korea via Facebook. She believes the Army abandoned him. "The fact that our government is sitting by and not doing anything, they didn't get in touch with his family. Nobody knows about this."
"The Army told us nothing," said Sandra Fisher.
Robert and Sandra Fisher cling to diminishing hope that someone will get to the truth and maybe get their son out of prison. |
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Kepler
Joined: 24 Sep 2007
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| Posted: Fri Jul 08, 2011 6:11 pm Post subject: Re: Korean courts sentence American to two years in prison |
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| World Traveler wrote: |
An interesting video:
http://www.wnep.com/wnep-luz-hazleton-native-arrested-in-south-korea-20110708,0,2019089.story
Does anyone have more information on this case?
| Quote: |
A South Korean cab driver claimed he was robbed and brought police to Fisher.
"And the cab driver said, 'That's him,' and they beat him on the street," Robert Fisher said. "He never got in the cab."
"He would never take any money that wasn't his or anything, never," said mother Sandra Fisher.
For three months, Andre Fisher told his parents he thought the Korean court would drop the charges.
He claimed the only evidence was grainy surveillance video of a man wearing a hood.
"He really thought it was like we are. That you didn't do it, and how could they prove anything," added Sandra Fisher.
"And they convicted him off that," said Robert Fisher.
A South Korean judge sentenced the soldier to two years in prison.
Hazleton Area High School English teacher Susan Burrows thought Andre was the kind of kid destined for success. "I still think there are still great things ahead for this boy, if we can help him and get him out of his situation," Burrows said.
"Nobody's doing anything, and it's wrong, it's wrong," said friend Brittany Gresh. She kept in touch with him in Korea via Facebook. She believes the Army abandoned him. "The fact that our government is sitting by and not doing anything, they didn't get in touch with his family. Nobody knows about this."
"The Army told us nothing," said Sandra Fisher.
Robert and Sandra Fisher cling to diminishing hope that someone will get to the truth and maybe get their son out of prison. |
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The conviction rate in South Korea is 99%. Prosecutors don't like to lose. There are no basic protections against being wrongly convicted.
http://feer.wsj.com/tales/?p=74 |
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Kuros
Joined: 27 Apr 2004
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| Posted: Fri Jul 08, 2011 6:18 pm Post subject: Re: Korean courts sentence American to two years in prison |
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| Kepler wrote: |
The conviction rate in South Korea is 99%. Prosecutors don't like to lose. There are no basic protections against being wrongly convicted.
http://feer.wsj.com/tales/?p=74 |
99% is a tad high. Higher than even Japan's. |
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On the other hand
Joined: 19 Apr 2003
Location: I walk along the avenue
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| Posted: Fri Jul 08, 2011 6:32 pm Post subject: |
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The family seems to be laying a lot of emphasis on the Korean justice system being so biased against the accused. While I would agree that a 99% conviction rate is a tad high, I don't have much other information about how the Korean justice system differs from other democracies.
If someone knows the details, I'd be interested to hear them. Other than that, I'd only point out that the family of the accused are not the most objective people to have vouching for his good character. |
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Julius
Joined: 27 Jul 2006
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| Posted: Fri Jul 08, 2011 6:52 pm Post subject: |
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Its excessively easy for a foreigner to end up in trouble with Korean police, for no particular reason.
All that has to happen is that a Korean person files a complaint against you. It can be complete fiction: doesn't matter. Invariably Korean police will take the word of their compatriots over a foreigner. That is if they even understand a word the foreigner is saying or bother to get his side of the story.
Foreigners are sitting ducks here. In a country that likes to criminalise and demonise foreigners.
They have almost no protection. Its that simple. |
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sirius black
Joined: 04 Jun 2010
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| Posted: Fri Jul 08, 2011 7:16 pm Post subject: |
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I have to assume the accused could not provide proper proof of where he was when this robbery took place. As far as the cctv footage, the family can't hire someone to analyze the photo and present it to the court?
Something isn't right about this. Not saying he's guilty just saying it seems to illlogical to be convicted on the evidence I've read so far. I've seen eough cop shows  to know that this case has some holes in it. |
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Captain Corea
Joined: 28 Feb 2005
Location: Seoul
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| Posted: Fri Jul 08, 2011 7:23 pm Post subject: |
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| Gotta' hire a good lawyer. His sounds like he let him down. |
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matthews_world
Joined: 15 Feb 2003
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| Posted: Fri Jul 08, 2011 7:25 pm Post subject: |
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| Book 'em, Kyung Mo. |
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Kuros
Joined: 27 Apr 2004
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| Posted: Fri Jul 08, 2011 7:47 pm Post subject: |
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| I read the article. Its imbalanced journalism. No quotes from the Korean authorities, or even lacking that, some statement saying, "Korean police declined to comment." |
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World Traveler
Joined: 29 May 2009
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| Posted: Fri Jul 08, 2011 8:30 pm Post subject: Re: Korean courts sentence American to two years in prison |
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| Kepler wrote: |
The conviction rate in South Korea is 99%. Prosecutors don't like to lose. There are no basic protections against being wrongly convicted.
http://feer.wsj.com/tales/?p=74 |
A working link to the column referenced in the article:
http://stephenhucker.com/2005/05/06/the-korea-times-the-nation-prosecutions-plea-for-power/
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while gathering information for this column, I found it more difficult than usual to get people to go on the record. Lawyers who work within the system are justifiably nervous about speaking out. The community of lawyers is growing but remains closely knit, and everyone knows that the prosecution is at the center.
One lawyer at a prominent Korean firm advised me to use whatever information I received cautiously. What she told me is that the system is still rife with corruption, that the accused are still routinely treated as guilty, that coercive methods are still regularly used and that there are still collusive links between the prosecution and judges. The result is a 99 percent conviction rate and judges who find as a source of pride the fact that their record includes nary a not-guilty decision. |
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On the other hand
Joined: 19 Apr 2003
Location: I walk along the avenue
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| Posted: Fri Jul 08, 2011 9:23 pm Post subject: |
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| Quote: |
All that has to happen is that a Korean person files a complaint against you. It can be complete fiction: doesn't matter. Invariably Korean police will take the word of their compatriots over a foreigner. That is if they even understand a word the foreigner is saying or bother to get his side of the story.
Foreigners are sitting ducks here. In a country that likes to criminalise and demonise foreigners.
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Well, in eight years of following this board and almost ten of following the Korean press, I can't say that I've heard too many cases that sounded like a foreigner was just walking down the street, minding his own business, when, BAM, out of the blue some Korean came along, made totally fabricated charges against him, and the foreigner ended up getting convicted in court on the basis of no evidence whatsoever.
But if you can direct my attention to such a case, I'd be happy to read the article. |
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NohopeSeriously
Joined: 17 Jan 2011
Location: The Christian Right-Wing Educational Republic of Korea
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| Posted: Sat Jul 09, 2011 12:55 am Post subject: |
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| You forgot. South Korean justice system doesn't believe in "guilty until proven innocence". |
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Koreadays
Joined: 20 May 2008
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| Posted: Sat Jul 09, 2011 1:41 am Post subject: |
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| didn't use the white envelope. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sat Jul 09, 2011 3:15 am Post subject: |
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| On the other hand wrote: |
| Quote: |
All that has to happen is that a Korean person files a complaint against you. It can be complete fiction: doesn't matter. Invariably Korean police will take the word of their compatriots over a foreigner. That is if they even understand a word the foreigner is saying or bother to get his side of the story.
Foreigners are sitting ducks here. In a country that likes to criminalise and demonise foreigners.
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Well, in eight years of following this board and almost ten of following the Korean press, I can't say that I've heard too many cases that sounded like a foreigner was just walking down the street, minding his own business, when, BAM, out of the blue some Korean came along, made totally fabricated charges against him, and the foreigner ended up getting convicted in court on the basis of no evidence whatsoever.
But if you can direct my attention to such a case, I'd be happy to read the article. |
Agreed.
I do find it rather amusing though that a good number of the people who denounce Korea for its justice system are almost invariably the same ones who howl in protest should anyone suggest that they go to a country with a justice system more to their liking. |
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Julius
Joined: 27 Jul 2006
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| Posted: Sat Jul 09, 2011 3:46 am Post subject: |
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| On the other hand wrote: |
Well, in eight years of following this board and almost ten of following the Korean press, I can't say that I've heard too many cases that sounded like a foreigner was just walking down the street, minding his own business, when, BAM, out of the blue some Korean came along, made totally fabricated charges against him, and the foreigner ended up getting convicted in court on the basis of no evidence whatsoever.
But if you can direct my attention to such a case, I'd be happy to read the article. |
Actually there was such an article, and you should remember it as you've been here a while. The link has disappeared, but the details are as follows:-
..the foreign guy was out with a korean woman when some ajosshi guy started following them around and hurling abuse at them. Despite all attempts to evade him, he kept following them until the foreign guy called the police to try and get them to remove the guy for harassment.
At this point the korean made up some story about them assaulting him. Despite the fact that he was drunk, the cops sided with him and charged the foreigner.
So the guy got a criminal record for doing absolutely nothing. The police advice to him was that if it happened again to just run away. |
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