Former South Vietnamese War Hero, POW, and Current St. Paul Community Leader Praises U.S. Judicial Process After Loss of His Business and Reputation Over Baseless Charges

ST. PAUL, Minn., Dec. 10 /PRNewswire/ -- The Minnesota Supreme Court has cleared the name of a South Vietnamese hero, Tuan J. Pham, who fought in the Vietnam war, was imprisoned by the Communist regime for two years and heroically escaped Vietnam with his wife and 10 children on a boat and landed in Indonesia before coming to the United States and settling in St. Paul, Minnesota. Pham eventually established a merchant business with his family-owned grocery on University Avenue and was appointed by President George W. Bush to National Vietnamese Educational Foundation (VEF). He was a recognized leader in Minnesota's Vietnamese community when a group of angry fellow South Vietnamese began a smear campaign against him between December 2003 and March 2006 based on a benign event that Pham was involved in during a visit to St. Paul by a Vietnamese Catholic bishop (See About the Case section that follows).

On November 19, 2007, the Minnesota Supreme Court refused to hear an appeals case brought by seven St. Paul defendants who the lower courts agreed defamed the St. Paul Vietnamese community leader after Pham won the initial case and the appeal. The latest legal action vindicates Pham -- a former South Vietnamese soldier who fought in the Vietnam War and was imprisoned for more than two years by the Communist regime after the war (primarily for supporting the Catholic Church) -- in his difficult attempt to clear his name and collect damages.

Pham celebrated the decision, calling it "a victory for the U.S. judicial system and yet another lesson for immigrant populations like the Vietnamese who must learn and respect the laws of their adopted country. As an American, I have always believed in the laws of this country, and I had faith that the courts would in the end protect my rights." Even before the first legal proceeding, Pham was advised by his legal counsel that fighting the defamation attacks would be a long, trying and at times painful process. But Pham was determined to seek justice and have his good name cleared: "The truth is important and worth fighting for," he told his attorney.

"This case is my legacy to my children and the Vietnamese community across the United States," Pham said. "A person's hard-earned reputation cannot be destroyed without legal consequences and the judicial system affirmed that principle now in three separate proceedings. Our Vietnamese community needs to understand the legal system, obey the laws and conduct themselves by the decent community standards that permeate American life. I am grateful for justice and look forward to having this matter settled once and for all."

Pham was initially awarded damages of $693,000.00, which the court eventually reduced to $353,000.00. Pham, now 71 years-old, his wife Mai Vu and their University Avenue grocery, Capital Market, won their first verdict on March 22, 2006, in a rancorous controversy that divided the Twin Cities Vietnamese community and was hotly debated in the Vietnamese media across the country.

Never About Money But Honor and Justice

"This case was never about money, but rather about justice and honor," says Pham's attorney, Darrin Rosha, of Scherzo and Trio Legal Advisors, PLLC in St. Paul. "Mr. Pham lost his livelihood and his reputation was severely harmed, but the Minnesota Supreme Court has acted to restore both by refusing to disturb the jury's findings. It's a fitting decision that underscores how due process works in this country and a righteous result for an honorable man who should be seen as a hero in the Vietnamese and broader community not only for his sacrifices during the war but for his pursuit of justice following a difficult chain of events in St. Paul."

About the Case

Falsehoods spread over South Vietnam Flag incident with visiting Vietnam Catholic Bishop

    -- According to the Plaintiff's Statement of the Case's Claims and
       Defenses in Ramsey County Second Judicial District Court, the lawsuit
       arose from events that were triggered by a visit to St. Paul by a
       Catholic Bishop from Vietnam on December 17, 2003.  During his visit to
       Minnesota, the Bishop was escorted by Pham, a devout Catholic, who
       served as the Bishop's driver as he visited various members of the
       Catholic and Vietnamese communities in St. Paul.

    -- En route to a meeting of Vietnamese community members at the Vietnam
       Center in St. Paul, the Bishop noted the presence of the flag of the
       former Republic of Vietnam flying over the center.  The Bishop
       told Pham that he wanted to be taken to a private residence because he
       was under orders from the Catholic Church to avoid political situations
       during his visit to the United States that could lead to trouble for
       the Catholic Church with the Communist government in Vietnam.

    -- Pham entered the Vietnam Center and informed the Executive Director of
       the Bishop's concern about the flag.  A decision was made to lower the
       flag momentarily for the Bishop's visit.  After the meeting, the flag
       was again momentarily lowered while the Bishop exited the building. It
       was raised again after his departure.


    Defendants and others begin labeling South Vietnamese patriot a Communist

    -- Subsequently a number of the defendants in this matter learned of the
       fact that the flag had been lowered to permit the Bishop to enter the
       Vietnam Center.  Beginning in December 2003, a number of people in the
       Vietnamese community raised concerns about the Republic flag being
       lowered for the Bishop and called for the removal of the leadership of
       the organization that controls the Vietnam Center. They also claimed
       "moral turpitude" on the part of Pham and called for his removal from
       the Vietnamese Educational Foundation. Defendants, including Dean Do,
       who had at one time married one of Pham's daughters and used the
       marriage and the daughter's mental illness, allegedly to extort money
       from Pham and Capital Market, began labeling Pham a communist and
       mounted a slanderous personal campaign against him.


    Jury agrees with Pham and Holds that Defendants Acted with Actual Malice

    -- During the appeal, Pham faced the highest legal hurdle to show
       defamation after being named a "public figure" by the Court. But he
       courageously continued to pursue his form of justice despite great
       personal and financial hardship in doing so.

    -- The jury agreed with Pham that not only is Pham not a Communist nor has
       he ever supported the Communist regime, but that the defendants knew
       that Pham was not and yet continued to destroy his reputation and
       business with "actual malice" for improper reasons.

    -- The jury award is one of the largest defamation verdicts ever entered
       in the Vietnamese American community.

For more information -- or to interview Tuan Pham or Darrin Rosha -- please contact Martin Keller at Media Savant Communications Co., 612-729-8585 or mkeller@mediasavant.com