[Episode 38 – If the Case from
In New York City, Go Jaesuk, 63, who runs a laundromat in Flushing, struck her husband on the head with an iron during an argument.
At the time of the incident, the husband, who normally showed symptoms of delusional jealousy, poured unspeakable profanity upon Go Jaesuk for the reason that she had smiled “promiscuously” at a male regular customer.
Even when another customer arrived and the husband did not stop, Go Jaesuk, unable to endure any longer, swung the iron at him, and the husband, unable to dodge, was struck on the head and collapsed.
Immediately after the accident, the husband was transported to the hospital and quickly regained consciousness. However, the problem arose a few days later. The husband, discharged believing he had only mild concussion symptoms, died days later from a cerebral hemorrhage.
Days later, Go Jaesuk was criminally charged with second degree murder.
“Could we not argue using the Slayer Rule?”
The factual circumstances so closely resembled the case from the drama that it slipped out of my mouth before I knew it.
“Is that a question you’re asking in order to argue that Go Jaesuk lacked intent to kill?”
In punishing the crime of murder, American law and the law of the Republic of Korea differ.
Korean law does not distinguish between mosal (謀殺: murder committed after prior planning) and gosal (故殺: murder committed intentionally but spontaneously). It may be taken into account as a reference when determining the sentence, but it is not divided in the legal statutes.
American law distinguishes between murder and manslaughter. For example, under New York State law, if classified as murder, one is sentenced to a minimum of 15 to 40 years up to a maximum of life imprisonment; if classified as manslaughter, a minimum of 3.5 years up to a maximum of 25 years.
Furthermore, they are classified into 1st degree and 2nd degree depending on the severity of the killing. The fact that Go Jaesuk’s charge was classified as second degree murder meant that the prosecution presumed she had the intent to kill.
“To divide it more precisely, under American law:
First degree murder (1st degree murder) means a killing committed after prior planning.
Second degree murder (2nd degree murder) means a killing where there was no plan, but there was intent to kill at the time of the killing.
First degree manslaughter (1st degree manslaughter) means a killing where there was intent to kill, but committed in a situation where one was unable to control oneself due to the victim’s provocation, etc.
Finally, second degree manslaughter (2nd degree manslaughter) means a killing committed without intent to kill, that is, criminally negligent homicide.”
“Yes, that’s correct.”
Separate from that, the Slayer Rule is a civil rule of Anglo-American law stating that a person who kills their spouse cannot inherit the spouse’s estate.
According to the file Attorney Duncan showed us, most of the property owned by Go Jaesuk and her husband was under the husband’s name.
Therefore, if Go Jaesuk killed her husband, the Slayer Rule would disqualify her from inheriting—that is, she would be unable to receive any inheritance.
It was the exact same situation as the case in the drama.
“Because this is a criminal case, people will usually focus only on criminal law. But then the answer won’t be visible. The key is in civil law.”
It was as if God had handed me an answer sheet.
That’s why it had slipped out before I knew it: “Could we not argue using the Slayer Rule?”
“You said you’re a first-year, right?”
Attorney Denny Duncan asked me.
“Excuse me?”
“If you’re a first-year, you’ve only been attending for about two months. Do they already teach the Slayer Rule in school?”
They don’t. It was something I’d heard during a property law lecture I had taken in the spring semester ten years ago.
“I’m a bit surprised. I really didn’t expect that a student who just entered law school would look at a case file briefly and foresee that far.”
Honestly, I regretted it a little the moment I said it.
I could have asked more logically, but because I was too excited, I had blurted out “Slayer Rule” without any explanation.
However, Attorney Duncan instantly grasped the intention behind my words.
That was both a good sign and a bad sign.
It meant he was a good lawyer who didn’t miss such details, while at the same time it meant that perhaps, unlike in the drama, we couldn’t escape through that logic.
And he immediately confirmed the anxiety I felt.
“It’s a wise tactic to cite a civil rule and argue that Go Jaesuk had no motive to kill. Then, the prosecution’s charge can be lowered from second degree murder to manslaughter. But unfortunately, I think that will be difficult in this case.”
“Why?”
“Go Jaesuk confessed during the police investigation that she intended to kill her husband at the time of the killing.”
“What? She confessed?”
‘What? Is it not the same case?’
***
After leaving Attorney Duncan’s office, Jeheon and the kids took time to organize their thoughts at a nearby coffee shop.
The first to speak was Sein.
“But what is the Slayer Rule? I just looked it up, and it seems to be an inheritance-related rule. Why is it related to this case?”
To Sein’s question, Jeheon briefly explained why the rule was related to this case.
Then, Donguk nodded and added.
“In Korean law terms, it’s like inheritance disqualification.”
“Inheritance disqualification?”
“Yeah. If you look at Article 1004 of the Civil Act, there are various grounds listed for being unable to inherit. It’s also called grounds for disqualification of an heir. If an heir intentionally kills the decedent or inflicts injury leading to death, the law states they cannot inherit.”
“Huh? Heir... decedent... what are all those?”
Sein, who had graduated from law school in Korea, understood Donguk’s explanation, but Michael could not.
Sein explained again in detail for Michael’s sake, and only then did Michael shake his head and click his tongue.
“You monsters. Did everyone here except me go to law school or something? I have no idea what you’re talking about even after listening.”
“Not us. It’s this guy, Jeheon, who’s the monster.”
“Right. Brother, you saw Attorney Duncan’s expression earlier too, didn’t you?”
“I saw. The guy was dead tired, but his eyes sparkled at Jeheon’s question.”
“Ah, so that’s what it was? I thought that lawyer had feelings for Jeheon.”
“Why? Were you going to say Attorney Duncan is gay because we went to that LGBT party?”
“Why are you so serious again. O Sein, I was joking.”
“Jeheon, I’m really curious, but did that really come to mind first after looking at the case file? Then that’s really amazing. This is something even lawyers easily miss without experience.”
I had just copied what was in
I felt ashamed, as if I were stealing credit, but I couldn’t tell the truth.
Jeheon vaguely said he thought he’d seen it somewhere and changed the subject.
“But is it true that she confessed?”
“Then are you saying it’s not true?”
“It’s not that...”
There was no police report in the file Attorney Duncan provided. Perhaps because they were students and not official lawyers, sensitive evidence or statements had not been provided.
“I’m rather thinking we should investigate the hospital side.”
“The hospital?”
Sein asked at Donguk’s opinion.
“Yeah. It’s strange. If they sent him back saying it was a mild concussion, but he died days later, it seems like we could hold the hospital accountable too.”
“You mean the chain of causation was broken?”
“Right. We’d have to examine the facts in more detail, but it sounds like if the hospital had diagnosed him properly, the husband might have lived.”
“But couldn’t that be because of the American hospital system?”
This time, Jeheon offered an opinion.
“The American hospital system?”
“Yes.”
“The hospital bills here are so expensive. Since they run a laundromat, they might not have had health insurance, in which case he might have said he was fine and asked to be discharged himself. I had a lot of friends like that. People who don’t go to the hospital even when sick because they worry about the bills.”
“Ah, that could be possible too. But then wouldn’t they have written a waiver or something? Right?”
No waiver was visible in the file Attorney Duncan provided either.
If the hospital had discharged him while aware of the risk of death, as Donguk suggested, they could certainly be held liable. Which meant it was highly likely a waiver—a document stating they would not be held responsible if problems arose—had been obtained from the patient upon discharge.
Michael’s words seemed correct on this point. Attorney Duncan hadn’t said so, but it felt like he had called us because he needed an interpreter.
At least for today...
“I think we have to go back anyway.”
“Where?”
“To Attorney Duncan’s office.”
“Why? We just came out.”
“I have to ask for the entire case file.”
‘I need to see the details.’
Jeheon headed back to his office.
***
The plea bargain (a negotiation system in which a lower sentence is offered in exchange for a confession) offered by the prosecution was decent.
The proposal was that if Go Jaesuk admitted to the charges and gave up trial, she would receive five years in prison with eligibility for parole review after two years.
Even if the charge were changed to first degree manslaughter, the result would not be much better than this; therefore, rather than going through a difficult trial, accepting the prosecution’s plea bargain was the wise choice.
The problem was Go Jaesuk’s daughter.
She firmly rejected the prosecution’s offer, making it difficult to persuade the client.
That was why the NYU pro bono students had been requested.
It had been the daughter’s request, but Duncan considered it not a bad method.
He thought he could use the law students to persuade her.
‘Perfect. Hiring part-time interpreters every time wasn’t easy, either.’
The fact that the students she requested were first-years pleased him as well.
‘What would kids who just entered law school know? I’ll be able to handle them more easily.’
But...
“Could we not argue using the Slayer Rule?”
After they left, Denny Duncan recalled what the student named Jeheon had said.
It felt like being struck.
The more he thought about it, the more impressive it was.
“Heh, I think I was too busy partying during my first year of law school...”
Just then,
Knock knock knock—
The student from his thoughts knocked on his open door.
“Oh— you! What’s going on? Did you forget something?”
“No, I have a favor to ask of you, Attorney.”
“A favor? What is it?”
“I’d like to see the ‘Mrs. Go’ case file. Could I review the entire file, including the police report?”
Haha—
Denny Duncan let out a laugh.
He had been wondering just a moment ago. What this student who asked that impressive question would say if shown the case file.
If the Case from
“New York City Police Department Case Report
Case Number: #15432
Precinct Number: 104
Case Type: Assault (Assault with deadly weapon)
Victim Name: Hyeonmuk, Go
Victim Date of Birth: 03/14/48
Gender: M
Race: Asian
Suspect Name: Jaesuk, Go
Suspect Alias/Maiden Name: Kim
Condition at Arrest: Normal
Arrest Date and Time: 23/05/12
Address: 30 Linden Street, Flushing, NY 11345
Social Security Number: 050-134-
Date of Birth: 05/15/49
Age: 63
Gender: F
Race: Asian
Complexion: Medium
Height: 5ft.
Weight: 110lb
Hair Color: Black
Eyes: Dark Brown
Glasses: Not Worn
Build: Medium
Distinguishing Marks: Mole on forehead
Other: Marital relationship with victim.
Case Narrative: Upon arrival at hospital, victim unconscious. Attending physician’s opinion. Appeared to have lost consciousness from being struck near face/head with an object. Perpetrator testified to being the victim’s wife and that she had done so....
*
Evidence #1
Interview Contents
...
Officer Davis: You told the nurse that you hit Mr. Hyeonmuk Go, your husband, with the iron you were holding at the time of incident?
Interpreter Garrett Kim: Did you tell the nurse that you hit Mr. Hyeonmuk Go—that is, your husband—with the iron you were holding?
Suspect Go Jaesuk: Huh? Ah, yes.
Interpreter Garrett Kim: She said, “Yes.”
Officer Davis: So, you did hit your husband with the iron about the face and the head. Is it correct?
Interpreter Garrett Kim: So, you hit your husband around the face and head with the iron. Is that correct?
Suspect Go Jaesuk: Huh? Ah... yes. I hit him.
Interpreter Garrett Kim: She said, “Yes, I hit him.”
Officer Davis: Also, the nurse at the hospital heard you saying to your daughter that you wished your husband were rather dead. Is it true? Did you say that?
Interpreter Garrett Kim: Also, according to the nurse at the hospital, you told your daughter that you wished your husband would just die. Is that true? Did you say that?
Suspect Go Jaesuk: Huh? Ah... I said that because this damn husband of mine tormented me so much, I said it in anger.
Interpreter Garrett Kim: So you are saying you did say that?
Suspect Go Jaesuk: I did say that, but....
Interpreter Garrett Kim: She said, “She did say that.”
Officer Davis: Why did you hit your husband with the iron?
Interpreter Garrett Kim: So why did you hit your husband?
Suspect Go Jaesuk: I just told you. Because this damn husband of mine doubted and tormented me my whole life, with a mindset that we might as well both die....
...”