Defense: Phieu Nguyen no drug kingpin
Attorney says client involved but didn't oversee pot-growing operation
By Dolly A. Butz, Journal staff writer | Posted: Thursday, August 21, 2008
SIOUX CITY -- A defense attorney said Wednesday that Phieu Van Nguyen participated in a Sioux City marijuana-growing operation, but she said the prosecution has no evidence, other than the testimony of co-conspirators, to prove that he oversaw it.
Nguyen, 48, of Dakota Dunes is on trial this week, along with Va Thi Nguyen, 42, of Sioux City, for his involvement in a network that grew more than 4,100 marijuana plants in at least seven metro-area houses starting in November 2002. The marijuana had a street value of up to $2.5 million.
Nguyen has pleaded not guilty to charges of continuing criminal enterprise and 14 counts of money laundering. Earlier this month, he pleaded guilty to a single count of conspiracy to manufacture and distribute 1,000 or more marijuana plants. Ten counts of structuring financial transactions have been dismissed against him.
"We aren't challenging that there was a marijuana grow," said Angela Campbell, Nguyen's defense attorney. "There was a marijuana conspiracy and Phieu Nguyen was involved. We're fighting about the continuing criminal enterprise charge."
Assistant U.S. Attorney Robert Knief said during opening statements Wednesday that on Aug. 16, 2006, investigators witnessed a Budget rental truck delivering equipment needed to grow marijuana indoors to Nguyen Liquors, formerly Ivy's Liquor, 301 S. Floyd Blvd., a business owned by Nguyen. The investigation began with a tip from a federal agent in Allentown, Pa.
Knief showed the jury checks from Nguyen Liquors that were written to a man in Allentown for the growing equipment. He also displayed receipts from transactions Nguyen made at Security National Bank offices around Sioux City. On Aug. 2, 2004, Knief said Nguyen made three separate deposits totaling over $18,000 to avoid a reporting requirement. On April 12, 2004, he tried to make a cash deposit of $11,000, but reduced the deposit to $9,000 when confronted by a teller.
"You know he knew the reporting requirements involved," Knief said.
Campbell said those involved in the network were family members, friends and former co-workers.
Nine of them pleaded guilty in plea agreements and are expected to testify against Phieu Van Nguyen and Va Thi Nguyen.
Campbell said David Nguyen, her client's cousin by marriage, was the person who "controlled everything with the marijuana." Before moving to Sioux City, Campbell said David Nguyen grew marijuana in houses in Seattle.
"He brings that knowledge from Seattle and does it here," she said. "He was ordering what they needed to set up those houses."
David Nguyen, 39, Dakota Dunes, pleaded guilty in June to one count of continuing criminal enterprise and one count of conspiracy to launder money.
Va Thi Nguyen, David Nguyen's sister, was paid $2,000 a month to watch a house and water what she thought were medicinal plants for a hospital, according to her attorney. She is charged with conspiracy to manufacture and distribute more than 1,000 marijuana plants.
Assistant Federal Public Defender Michael Smart told the jury they need to look at the world through his client's experiences.
He said Va Thi Nguyen, a Christian who grew up in North Vietnam, was thrown into prison for teaching her religion. He said she fled the prison during a thunderstorm and made her way to Hong Kong, where she spent eight years in an internment center. After returning to Vietnam, Smart said she became pregnant and was abandoned by the child's father.
The American consulate then allowed her to immigrate to the United States. She lived with David Nguyen and her child in the southern United States before moving to Seattle, where she earned little working as a waitress and caring for ill people, according to Smart.
"To her it was like a dream come true," he said of his client's new job in Sioux City.
On Feb. 1, 2007, law enforcement observed Va Thi Nguyen carrying milk jugs from 201/203 13th St. to 412 W. Second St. The marijuana-growing operation was discovered on Feb. 17, when investigators searched the West Second Street residence.
"They find a house full of marijuana -- there's hundreds of plants," Knief said.
Smart said his client, who speaks very little English, comes from a culture where men make the decisions and tell women what to do.
"You're not guilty of a crime unless you knew what you were doing," he said. " ... She thought she was growing a medicinal business."
Nguyen, 48, of Dakota Dunes is on trial this week, along with Va Thi Nguyen, 42, of Sioux City, for his involvement in a network that grew more than 4,100 marijuana plants in at least seven metro-area houses starting in November 2002. The marijuana had a street value of up to $2.5 million.
Nguyen has pleaded not guilty to charges of continuing criminal enterprise and 14 counts of money laundering. Earlier this month, he pleaded guilty to a single count of conspiracy to manufacture and distribute 1,000 or more marijuana plants. Ten counts of structuring financial transactions have been dismissed against him.
"We aren't challenging that there was a marijuana grow," said Angela Campbell, Nguyen's defense attorney. "There was a marijuana conspiracy and Phieu Nguyen was involved. We're fighting about the continuing criminal enterprise charge."
Assistant U.S. Attorney Robert Knief said during opening statements Wednesday that on Aug. 16, 2006, investigators witnessed a Budget rental truck delivering equipment needed to grow marijuana indoors to Nguyen Liquors, formerly Ivy's Liquor, 301 S. Floyd Blvd., a business owned by Nguyen. The investigation began with a tip from a federal agent in Allentown, Pa.
Knief showed the jury checks from Nguyen Liquors that were written to a man in Allentown for the growing equipment. He also displayed receipts from transactions Nguyen made at Security National Bank offices around Sioux City. On Aug. 2, 2004, Knief said Nguyen made three separate deposits totaling over $18,000 to avoid a reporting requirement. On April 12, 2004, he tried to make a cash deposit of $11,000, but reduced the deposit to $9,000 when confronted by a teller.
"You know he knew the reporting requirements involved," Knief said.
Campbell said those involved in the network were family members, friends and former co-workers.
Nine of them pleaded guilty in plea agreements and are expected to testify against Phieu Van Nguyen and Va Thi Nguyen.
Campbell said David Nguyen, her client's cousin by marriage, was the person who "controlled everything with the marijuana." Before moving to Sioux City, Campbell said David Nguyen grew marijuana in houses in Seattle.
"He brings that knowledge from Seattle and does it here," she said. "He was ordering what they needed to set up those houses."
David Nguyen, 39, Dakota Dunes, pleaded guilty in June to one count of continuing criminal enterprise and one count of conspiracy to launder money.
Va Thi Nguyen, David Nguyen's sister, was paid $2,000 a month to watch a house and water what she thought were medicinal plants for a hospital, according to her attorney. She is charged with conspiracy to manufacture and distribute more than 1,000 marijuana plants.
Assistant Federal Public Defender Michael Smart told the jury they need to look at the world through his client's experiences.
He said Va Thi Nguyen, a Christian who grew up in North Vietnam, was thrown into prison for teaching her religion. He said she fled the prison during a thunderstorm and made her way to Hong Kong, where she spent eight years in an internment center. After returning to Vietnam, Smart said she became pregnant and was abandoned by the child's father.
The American consulate then allowed her to immigrate to the United States. She lived with David Nguyen and her child in the southern United States before moving to Seattle, where she earned little working as a waitress and caring for ill people, according to Smart.
"To her it was like a dream come true," he said of his client's new job in Sioux City.
On Feb. 1, 2007, law enforcement observed Va Thi Nguyen carrying milk jugs from 201/203 13th St. to 412 W. Second St. The marijuana-growing operation was discovered on Feb. 17, when investigators searched the West Second Street residence.
"They find a house full of marijuana -- there's hundreds of plants," Knief said.
Smart said his client, who speaks very little English, comes from a culture where men make the decisions and tell women what to do.
"You're not guilty of a crime unless you knew what you were doing," he said. " ... She thought she was growing a medicinal business."
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Karl Olerking wrote on Aug 21, 2008 10:59 AM:
Get a life! "