European Stars And Stripes (Newspaper) - October 22, 1985, Darmstadt, Hesse                                By David Margolick new York Tifis in Kyoon Ann. N kur.T, a m r. R. No Likely to Linn Frap to Miranda a Clarence f,,.i non in title Page of a landmark Legal decision Flut Chr relatively meager record in a Case involving Ann illustrates Many facets of  new York the ethnic and racial tensions in its changing neighbourhoods the attempts of its Law enforcement machinery to Deal with them and the Way its criminal Justice system Lurcher to a result sometimes in spite of i sell decently. Judge Ira n. Harkavy of criminal court in Brooklyn dismissed assault and harassment charges against Arm and one of his employees. The charges stemmed from an incident last february at Ahn s store in Brooklyn. A squabble with a customer that suddenly thrust him into a wholly alien role defendant in a criminal prosecution. Ann and his employee Tao to Jung were arrested Afier they had tried to restrain a woman they said was stealing produce irom their store in the Flatbush Section of Brooklyn. They were taken away in Handcuffs booked and Relea de three hours inter. In their haste to arrest the two however the police did not give them a Chance to lock the store. The men returned to find it had been looted. Fruits and veg fab is were strewn about he shelves of More expensive items were picked clean and $1.500 had been taken from the Wasfi Register. Judge Harkavy s dismissal made he said in the interest of Justice marked an unusual ending to the cast not merely because in an Eta o Law and order rancor Biu aled court dockets mandatory sentencing and plea bargaining such acts of judicial discretion have grown More rare. Ii was also unusual because Ann the product of a culture in which any connection with criminality is a badge of shame insisted on Complete exoneration rather than the slap on the twist that Iho system was prepared to dispense. It was unusual too because of an association of allies a hispanic new York police officer a Canadian lawyer turned novelist and a new York University trained lawyer who believed in Ahn and went to his defense. What this Case shows is that while the system May be hawed in Many ways in does not inevitably  said Christopher Moore the novelist who helped Ahn find a lawyer. People like to think that new York is cold and thai defendants Are processed in a dehumanized fashion but at the end of the Day there Are still those who really  Ahn a korean trained Engineer took his family to new York seven years ago. Unable to speak English and thereby unable to practice his profession he bought lha Beverly fruit Exchange on Fla Bush Avenue in 1980. It is nol an unusual Story Lor koreans in  York who according to the director of the korean produce association Sung Soo Kim now operate 950 of the 1.100 Green groceries in the City. What actually happened in Ahn s store around 7 . On sunday feb. 25, when a woman named Veronique papillon entered his store with three children is still subject to dispute except that there was an argument alter Ahn had complained that the children were damaging his fruit. Papillon and a witness told the police that she had left some Money on the counter and had tried to leave the store with her purchases when Jung grabbed Hei around the neck and pushed her into a fruit stand and Ahn hit her in the Chest with a Tomato. In the Melee she said the men scratched her neck and broke Gold jewelry she was wearing. At Ahn later reconstructed events papillon began cursing at him and tried to walk out without pay no or the lettuce and tomatoes she was carrying. When confronted at the door he said she threw the tomatoes at him. Only then he said did to and Jung seek to restrain her. But unable to explain themselves to the officers Ahn and Jung were arrested handcuffed and taken to the 70th precinct station House. A neighbourhood squabble had become a criminal prosecution. All parties including the police  judge Harkavy wrote. By All accounts racial tensions Between the korean merchants who have clustered along Fla Bush Avenue the Trimino us ice system sometimes lurches of a result in Safe of itself in contemporary new York. New York Case reflects ethnic tensions Justice for 2 immigrants and the neighbourhood s residents Pima pity haitians. Jamaicans and other West indians Are far Lens severe than in Harlem where korean businesses along 125th Street have occasionally been boycotted. But they Are not entirely unknown. When Ahn who lives in the neighbourhood tried to explain himself to the police he pointed to papillon who is Black and blurted out. They always  every halloween moreover according to officers who patrol the neighbourhood. Ahn has been victimized by teenagers pelting the store with fruits and vegetables. Kim of the produce association said the ill a ill stemmed in part from anti Oriental stereotyping but also irom the koreans tendency to remain alien figures to their customers. Working hard is not enough he said. We be got to get More familiar with our  both As a matter of sound business and Good Community relations. Ahn s store is stocked with items favored by his clientele. There Are buckets of pork snouts and pigs Leot. Boxes of dried cod and a do in varieties of yams Lucas and Das Huens and  Ahn hires two Black teen agers to help out in summer and he has come to know his neighbors one of whom was police officer Gil Alvarez. In two years of fool patrols , 25 years old. Had become Friendly with the Ahns whom he described As very Nice honest and hard working  the Day alter the arrests he and Moore the writer was accompanying him on patrol to obtain material heard Ahn explain his bewildering experience and they resolved to help him. I saw a Young couple from Korea wih All of the work ethic discipline and  we think people should have to make it in America and suddenly out of nowhere their entire Way of life was threatened by an incident they could t fully comprehend Moore said. They were suddenly in the Middle of a kafkaesque  alter checking with the precinct s integrity Allicer to make sum he was acting property.  began  the incident through some neighbourhood children he found a witness who corroborated Ahn s account. In the meantime. Moore Lound a lawyer. Richard f. Quay a former assistant United Stales attorney in Brooklyn who agreed to represent the defendants at a reduced fee. Quay tried without Success to persuade the office of Dis Ricl attorney Elizabeth Holly Ryan to drop the Case. An assistant prosecutor. Laura Kaplan offered them a different Deal the Delen Danes could plead guilty to a criminal violation and give papillon $200, the value of her broken jewelry. Guay rejected the Otter. I went into the Case so they could walk away with dignity not be processed by the system and plead guilty to some reduced charge Lor the Sake of expediency Guay explained. He filed a Clayton motion a petition asking the court to dismiss the Case. Thu District attorney s Ollice  the motion. Kaplan would nol comment on the Case but Ned Steele a spokesman for the Ollice de landed the decision to press charges. There War. No Oasis for us to decide unilaterally that the victim s claim was worthless Given the injury the properly damage and the witness who corroborated her Story he said Ahn was relieved to learn that judge Harkavy had granted the motion. With Ahn and Jung already dishonoured in the eyes of their Peers and out $ 1,500. The judge wrote. It is important and in the interests of Justice that their names in Kyoon Ahn and Tacho Jung along with then families be  technically Ahn has the right to file a complaint against the City Lor also arrest and wrongful prosecution but he seemed far More anxious to Tell his korean friends that his ordeal was Over than to prolong it further. I did t think it would end this  Ahn said through a translator. Now i just Leel relaxed and Hope it does t happen  tuesday october 22, 1985 the stars and stripes Page 13