By Zoey Hou
FRESNO, CA – In a sentencing hearing for defendant Lue Yang here Tuesday in Fresno County Superior Court, the judge found Yang’s remorseful and apologetic behavior helpful in considering his sentencing outcome.
On June 29, Yang put himself on the court calendar in hopes of getting his matters settled. Cooperation and initiative from the defendant and victim/wife allowed for quick decision-making for Judge Glenda Allen-Hill.
In addition to Yang’s self-placement in court, the victim, who is the defendant’s wife, provided a handwritten victim advocate letter to the court.
Judge Allen-Hill noted that “the victim may be present and wishes to address the court…the court has received that handwritten letter.”
The letter presented asked for a reconsideration of the protective order in place now, and for a peaceful contact order instead.
The judge considered the victim’s request and affirmed that “court will note that the plea was a no contest felony plea to a violation of Penal Code section 273.5, corporal injury to a person with whom Mr. Yang is married with children.”
She also read the initial agreements which were for no state prison, and credit for time served, with the remaining counts dismissed. Judge Allen-Hill said she will follow the plea agreement in this matter.
She reminded the court that “Mr. Yang has expressed remorse for his behavior and has taken accountability for that behavior as set forth in the probation report.”
While Defense Attorney Earl Horner insisted on the request made by the victim for a peaceful contact order, Deputy District Attorney Samantha Dukes argued that it was too early for a peaceful contact order and the defendant Yang should proceed with a batterer treatment program first.
DDA Dukes argued, “Although [Yang] has minimal prior record, the children witnessed the defendant strike the victim with a belt. The children then called 911 and the victim has marks on her to prove that.”
Dukes further contended that the defendant’s denial that he got physical with the victim, and insistence on the event being verbal, was problematic.
Judge Allen-Hill agreed that she can see why the defendant’s statement could be read as a denial, but does not agree that the defendant intentionally denied getting physical; she claimed that nowhere did Yang specify if he did or did not hit the victim.
Judge Allen-Hill reads from the defendant’s letter that writes, “I know I need to take a batterers program and obey all laws. I’m willing to correct my behavior to prevent anything in the future. I will talk it out or walk it off to avoid yelling and remain calm.”
Based on these two letters and cooperation from the agreeable parties, the judge affirmed that the court will follow the prior agreement to this matter, placing Yang on three years formal felony probation. Additionally, the judge ordered that the defendant will enroll in a 52-week batterer intervention program, as directed by probation.
