Kim Pham Trial, Day One: A Mostly White, Mostly Female Jury and Two New Videos

pham-brito-zavala-trial.jpg
Pool Photo
Defendant Vanesa Tapia Zavala (right)

Day one of the Kim Pham trial started off slowly as Deputy District Attorney Troy Pino and Defense Attorneys Michael Molfetta and Kenneth Reed made their opening statements and brought in the first witnesses. The anchor of the opening statements? Two new videos of the fight.

PHOTOS: Kim Pham's Friends, Family Gather in Memoriam in Santa Ana

During the statements, two new cell phone videos of the altercation, which took place immediately outside of the former Crosby in January, were shown. The videos start after the initial fight broke up. Pham and "Emilia," a third woman who is not yet charged with a crime, started fighting again after being previously separated, according to the prosecution. It was during the second fight that Vanesa Tapia Zavala and Candace Marie Brito allegedly kicked Pham in the head, resulting in brain swelling and her eventual death.

The prosecution and defense played the videos at least three times as members of Pham's family wept quietly in the nearly full court room.

See Also: VIDEO: Footage Emerges of Brutal Beating That Left 23-Year-Old Kim Pham Dead

The video shows Emilia and Pham on the ground, with a man pulling Emilia away from the fight. As Emilia is pulled away, Pham appears to still be fighting. Though clearer than the first publicly viewable video, the two new videos are not completely clear and feature many people walking in and out of frame.

Deputy DA Pino acknowledged that Pham may have instigated the fight, but that Zavala and Bario Brito's response went way over self-defense. They are both charged with one count of murder with malice intent and assault with force likely to cause great bodily injury.

"Most people would say the victim was the aggressor," he said.

Molfetta, Bario Brito's high-priced defense attorney, said the entire situation was tragedy but unintentional...

My Voice Nation Help
147 comments
Chris Becerra
Chris Becerra

Flower Ann is a heartless trolling bitch... and I'm guessing a racist piece of shit. At the very least a sad excuse for victim blaming

Tuan Nguyen
Tuan Nguyen

How do these animals go back to their family knowing their hands are now forever stained with blood....

Noworries
Noworries

I wouldn't worry too much if I were the family of Annie Pham.  Molfetta was Jennifer Deleon's defense attorney and could have walked her out the door with no conviction and no time but took her to trial and she is now serving LWOP.  Even the innocent get convicted while represented by Reed.  In fact, Reed was represented by Molfetta when he was sued by an innocent client that was convicted by OCDA.  No worries.

Marina Idov
Marina Idov

It doesn't matter who the victims were they killed someone so you tell me who the victim is.. stop being a heartless bitch. If that happened to one of your family members im sure you wouldn't be talking...

paullucas714
paullucas714 topcommenter

This a fucked situation all around.

fishwithoutbicycle
fishwithoutbicycle topcommenter

I'm tired of some people claiming that these women shouldn't be prosecuted to the fullest extent of the law because Kim Pham threw the first punch. She may have struck the first blow but then they knocked her to the ground and kept kicking and punching her. It should have stopped when Pham was on the ground and these women CHOSE to keep savagely beating her. If Kim Pham has to "pay the price" for her poor choice then Brito and Zavala must "pay the price" for their terrible decisions, too!

Juan M. Ruiz
Juan M. Ruiz

I'm not the one answering to troll posts and replying with insults and insinuations. Don't let my statistics or facts get in the way of your high brow conversation.

newschecker
newschecker

What I don't understand is why didn't the bystanders clear out some space in front of the club, and let the girls have an old fashioned dance-off to settle their differences. 

Flower Ann
Flower Ann

Pham was not so innocent as the media tried to portray her. Unfortunately; this was her fault. PEOPLE are responsible for their own actions. #sorrynotsorry

Flower Ann
Flower Ann

Pham attacked someone who was stronger than her. Ultimately it was her fault. If she hasn't done that she would still be alive. They were asaulted by pham they were the victims. not pham so Get your facts straight. Douche bag.

Taylor Kelley
Taylor Kelley

actually they did walk away, and who followed? the dead one

Anthony Pfaff
Anthony Pfaff

I appreciate the fact that great people make poor choices sometimes resulting in devastating consequences. I don't know that could be so forgiving if it was a family member, but with all honesty, if I saw remorse, sorrow, or regret, I would hope I could be. Regrettably I haven't seen that reported in the media or shared, not do I know them so it makes it hard for me to feel sorry for them at this time.

Anthony Pfaff
Anthony Pfaff

These woman found themselves in a situation that they could have walked away from as well. So shit is about to happen to them as well. Guess they're not so innocent either.

Jordan Chaidez
Jordan Chaidez

People don't realize, a fight could turn real BAD at any second. That's why you only fight when it's the very last resort.

Audrey Griffith
Audrey Griffith

Both prosecution AND defense attorneys pick the damn jury. So saying that a mostly white jury is unfair or racist ( when neither the victim or the ones charged are white) is ridiculous. people throwing the race card need to get a grip. Both sides have to agree on the jury. Bottom line these ladies killed someone's daughter , friend, whatever. They deserve to have some sort of punishment

Timothy Pate
Timothy Pate

Let's not forget to pull the full Race Card here.

Edgar Cisneros
Edgar Cisneros

If they had money the jury would look much different. OJ ? Zimmerman? It sucks though, if u start a fight and get jumped and ur friends video instead of helping.....u can't blame the other people entirely. But dam how hard do have to beat someone to kill em .....hard situation. Sucks that when the economy tanks racism spikes , and u can see it from all the comments, blame liberals, blame tea baggers, guns are the solution.......blah blah blah

Sal Dueñas
Sal Dueñas

I don't even get how some people have it in them to kick someone in the head when their on the floor. that's crossing the line. if you took part in kicking someone in the face while theyre down you def should be somewhat liable for any injuries that result from that regardless if it was once or ten times. you contributed. you should know when your crossing the line...

mexicaniqis50
mexicaniqis50

you're assuming that their families are actually ashamed of their behavior.. these "girls" probably have families who congratulate them for killing a chino...

JBinOC
JBinOC topcommenter

@Noworries 

I served on a jury in 2012 and heard a criminal case where Mr. Reed represented the defendant.  Though his client was found guilty, Mr. Reed's oral arguments were impressive and he was the epitome of professional conduct.  Is he the best out there?  I don't know, probably not.  But I wouldn't consider him a weak part of any defense team.  

Eman64
Eman64

@Noworries  Guilty is guilty and I truly believe Jennifer Leon was guilty as charged (and convicted.).  Jennifer's case and this trial are two completely different scenarios -  you're not comparing apples to apples.

949girl
949girl topcommenter

@Noworries I don't know if it was so much Molfetta taking her to trial as her choosing not to cooperate with the DA that allowed her being prosecuted.  I was under the impression that she, herself, didn't want to cooperate with the DA and testify against Skylar so that's why it went to trial.  I'm glad she went with her instinct, it shows what an evil person she was.  If I were facing charges though, I wouldn't hire Molfetta.  I don't know anything about Reed so I can't say.  

michael4q2
michael4q2

@fishwithoutbicycle Brito and Zavala should have walked away when

Kim Pham was on the ground and helpless but they had to prove their

braveness by kicking someone to death. They have no heart and give

Mexicans a bad name!

vegandawg23
vegandawg23 topcommenter

@fishwithoutbicycle YOU DON'T UNDERSTAND FISHWITHOUTABICYCLE! THERE ARE WHITE PEOPLE ON THE JURY! THAT IS MORE IMPORTANT TO POINT OUT THEN WHAT WAS DONE TO KIM PHAM. Seriously though. You instigate a fight, keep fighting when pulled apart and someone gets a few extra blows in when you fall down... Well you had that coming in a way. Given what I know now (not much admittedly), I'd vote for acquittal and I'm asian. This race crap is sickiating though.

949girl
949girl topcommenter

@fishwithoutbicycle Yeah, I agree with you.  Someone mentioned below about what type of person kicks someone in the head when they are down on the ground.  I didn't think of it that way.  Society won't miss them if they get convicted.  

orangelemon07
orangelemon07

shut up hood rat nobody cares what you think..douche bag... you should use one more often..i saw your picture and recognized you right away...i saw you on harbor blvd doing what hookers do..

mexicanssuck
mexicanssuck

hey ghetto trash... no one cares what you think.. all you are is a semen receptacle for the thugs you hang around with

Eman64
Eman64

Well said Jordan Chaidez.  This is just a tragic situation all around.  Kim didn't deserve to lose her life that night, but I honestly don't think the evidence proves murder.  Assault with force likely to cause GBI?  I believe so. 

tbone16
tbone16

Oh they already have - just look at the headline.

Toejam
Toejam

You are correct. Jennifer De Leon stupidly refused to cooperate and turn on her loser husband. Enjoy LWOP Jen.

mexicaniqis50
mexicaniqis50

@vegandawg23 @fishwithoutbicycle 


yeah, yeah.. for an Asian you sure are quick to take any side against Asians.... you got a banana complex? or is your white side winning the battle in your warped little mind?

vegandawg23
vegandawg23 topcommenter

@fishingblues @vegandawg23 @fishwithoutbicycle The fact that the racist editors of the OC weekly would even allow such a statement in their paper. I somehow doubt the mention when there's a majority hispanic or black jury. More of the usual from the "tolerant" left.

Now Trending

Anaheim Concert Tickets

From the Vault

 

Fashion

General

Loading...