Asian families line up at Ellis Island in 1910. After the Chinese Exclusion Act passed in 1882, Chinese arrivals risked deportation if they couldn't prove that their husbands or fathers were U.S. citizens.
He sentenced financier Bernie Madoff to 150 years in prison and presided over cases ranging from the U.N. Oil for Food scandal to the long-running Google Books dispute.
For the last seven years, Judge Denny Chin of the U.S. Court of Appeals for the Second Circuit has also been writing historic reenactments of Asian American trials. (Of more than 180 federal appellate court judges nationwide, Chin is one of just four Asian Americans.) The newest one, titled 22 Lewd Chinese Women, will premiere at the National Asian Pacific American Bar Association’s national convention in Kansas City this November.
It all began with The Trial of Ethel Rosenberg. In 2006, Judge Chin recruited some members of the Asian American Bar Association of New York (AABANY) to reenact the 1951 espionage trial before an annual conference of lawyers. Since then, Judge Chin; his wife, Kathy Hirata Chin, a partner at Cadwalader; and a core group from AABANY have produced a one-hour trial reenactment every year. They’ve focused on cases involving Asian Americans, starting with The Trial of Minoru Yasui, which challenged the legality of FDR’s World War II curfew order for people of Japanese ancestry. Their reenactments have included the Depression-era Massie cases, involving an “honor killing” for the alleged gang-rape of a U.S. naval officer’s wife, and the Tokyo Rose trial of Iva Toguri D’Aquino, who was convicted of treason after World War II and pardoned nearly 30 years later.
“It’s fun as lawyers and judges to see how these cases were tried, for example, in the 1940s compared to how they’re tried today,” Judge Chin said in an interview at his chambers, once occupied by Justice Thurgood Marshall. “A good cross-examination back then is not that different from a good cross-examination today.”
To produce a reenactment, the group pulls together excerpts from trial transcripts, testimony, and briefs, along with other original documents. (The Tokyo Rose case involved 6,000 pages.) Chin and his wife write the narration that weaves the excerpts together. Historic photographs, projected via PowerPoint, set the scene.
The reenactments offer a creative way for lawyers to earn Continuing Legal Education credits. But they also raise troubling issues. One reenactment involved the murder of Vincent Chin, an American of Chinese descent (no relation to the judge) who was fatally beaten in 1982 with a baseball bat on the night of his bachelor party. Witnesses recalled that Chin’s murderers had shouted obscenities, blaming Asian Americans like Chin for the layoffs that were ripping through Detroit’s auto industry.
Despite pleading guilty and no contest, respectively, to manslaughter, Ronald Ebens and his step-son, Michael Nitz, were sentenced to three years’ probation, a $3,000 fine, and court costs of $260. The sentences galvanized the Asian American community and led to two federal criminal civil rights trials. Nitz was acquitted; Ebens was sentenced to 25 years in prison but was later acquitted in a retrial.
“That kind of resentment and the big questions about the verdict are similar to Trayvon Martin,” said attorney Trinh Tran, who organized a reenactment of the Tokyo Rose trial while she was a law student at Hofstra. (AABANY’s reenactments have also been presented at Fordham, NYU, Princeton, and University of California Hastings.)