The crown began its final submissions in the Pan et al trial on December 1, 2014. Over the course of three days, Michelle Rumble reiterated the crown theory on events leading up to, during and after November 8, 2010 at 238 Helen Ave.
In its opening statement nine months ago, the crown told the jury that this case was about obsessive love. In closing, Rumble stated that the case is really about the “inconceivable tragic consequences of that love.”
Using a PowerPoint presentation that illustrated phone record communications in chronological order, the crown went through over 200 slides showing the patterns of communication between co-accused. Rumble stated that when the entire context of the phone records and evidence are analyzed, it provides a “clear picture” and proves beyond a reasonable doubt that Jennifer Pan, Daniel Wong, Lenford Crawford and David Mylvaganam are guilty of murder and attempted murder.
The crown has alleged that Jennifer Pan began planning her parent’s murder in the Spring of 2010 when she spoke to her childhood friend Andrew Montemayor about getting rid of her parents. He passed Pan off to his roommate, Ricardo Duncan. When Jennifer attempted to solicit Duncan to murder her parents, Duncan testified that he was highly offended that because he is black, Pan believed that he would readily take part in a shooting. He told her to “fuck off” and never spoke to her again.
It was after this that Pan turned to the love of her life, ex-boyfriend Daniel Wong. In August of that year Daniel gave Pan his old iPhone and SIM card. This, according to the crown, was Jennifer Pan’s secret murder phone on which the deed would be plotted. On August 18, 2010 Wong is said to have given Pan the phone number of Lenford Crawford who the crown alleges ultimately set up the murder at the Pan residence with his friend Eric Carty and Carty’s young friend David Mylvaganam and others.
Jennifer Pan in her high school years
Jennifer’s motivation for her parents killings came after the years of lies became undone and her father Hann forbade her to see Daniel. The couple reluctantly broke up but their communication never ceased and Jennifer’s lies to her parents continued. After she was found out about her lies of working at Walmart and her continued relationship with Wong, Hann told his daughter to “cease all contact with Daniel, or wait until I am dead.” Jennifer’s desire to be with the love of her life, along with the fact that Pan and her brother would be the beneficiaries of her parents insurance policies, mortgage free home and luxury vehicles are cited as the motive for her parents attacks.
At 10:14pm on November 8, 2010 three men walked through the front door of the Pan home at 238 Helen Ave in the community of Unionville in Markham. Cloaked in dark clothing and holding guns, two men made their way upstairs to the family’s bedrooms while the third man crept up behind Bich-Ha Pan in the t.v. room. Bich Pan had arrived home only 45 minutes prior to the men entering her home after her weekly line-dancing class. She was soaking her feet and watching TV when chaos erupted.
Mr. Pan had worked hard all day at his tool-and-die job; after work he had gone to Home Depot with his brother, worked on the computer in his study for some time, and then went to bed around 8:30pm that night. Hann Pan was awakened from his sleep by a man pointing a gun at him and demanding money. He was ordered out of bed and marched downstairs.
Hann Pan testified that upon leaving his bedroom, on the landing of the second floor, he saw his daughter Jennifer with an intruder who spoke softly to her. He also stated that he never saw her tied up.
Upon entering the t.v. room, Hann Pan saw a third intruder standing behind his wife who pointed a gun at her as she sat on the couch. Hann was ordered to sit down on the loveseat opposite his wife. The intruders repeatedly asked the couple for money, “where’s the money?” “All we want is money!” Mrs. Pan turned to her husband and asked in Cantonese, “How did they get into our house?” Hann responded, “I don’t know, I was asleep.” The couple was ordered to stop talking, Bich Pan was told to “Shut up!”, and Hann was pistol-whipped in the head by his assailant.
Jennifer came downstairs with her intruder but did not enter the t.v. room. Hann Pan told the court that he saw his daughter in the hall, but he never saw her seated or knelt as she testified to, and he stated that she and her assailant spoke to each other “like a friend.” With rampant demands for money being made, Mr. Pan told his attackers that he did not keep cash in his home but that he had valuable assets. He told them his wallet was in the master bedroom in the back pocket of a pair of jeans and that it contained $60.
Jennifer was taken back upstairs as her parents were marched down into the basement of their home to an uncertain and ultimately tragic fate.
Hann Pan stated that once in the basement, they were ordered to sit on the couch at the back corner and his wife began begging for the life of their daughter. Over and over again she pled with the intruders that they could hurt them, but to please leave their daughter alone. Mr. Pan stated that one man told her, “Don’t worry, your daughter is very nice. We won’t hurt her.” Another intruder told the others that it was “taking too long,” and they needed to leave. Someone asked, “Do we tie them up or tape them?” to which another replied, “Just shoot and exit by the front door.” The Pans were told to place blankets over their heads, but Mrs. Pan refused and attempted to stand up. This was the last Hann Pan heard as a blanket was thrown over his head and he was shot multiple times.
A video surveillance camera from 235 Helen Ave shows one man leaving the house at 10:30, the other two at 10:32.
The first thing Hann Pan saw when we regained consciousness just a few minutes after being shot was his wife’s lifeless body at his feet. He shook her but she did not respond. Miraculously, Hann Pan managed to gain enough strength to make his way upstairs and outside of the home. He sought refuge from his neighbor, Peter Chung, who was working in his garage at the time. Mr. Pan knocked desperately on Chung’s garage door and told his neighbor he had been shot and to call 911.
By this time, Jennifer Pan had already placed a call to 911 and was on the line with an operator. She was tied up on the upstairs banister and unharmed. During the 911 call, Hann Pan’s screams are heard in the background as he comes to, and Jennifer is heard yelling for her father as he runs out of the house. She tells the 911 operator that three men came into her house with guns and demanded money. She told them that they took her parents downstairs and she heard “pops.” When asked if she was harmed, Jennifer said no, and stated that she heard the intruders tell parents they were not “cooperating.”
The crown asserts that Jennifer Pan was the mastermind behind the feigned home invasion that left her mother dead and her father in an induced coma fighting for his life. No money or valuables were taken from the home, indeed, Bich Pan’s purse, which contained $200 cash and was clearly visible in the kitchen was untouched. There were two luxury vehicles in the garage and jewelry in the house, untouched. The $2000 Jennifer Pan handed over to the intruders was money the crown asserts was a down payment for the murders. The crown stated that part of the plan was to make scene appear like a home invasion robbery in order to throw off police investigation.
November 8, 2010 at 238 Helen Ave
The phone records are immense and complicated but the crown asserts that they reveal that Jennifer Pan with the help from her ex-boyfriend and his associates helped plan, facilitate and execute the murder of Bich Pan and attempted murder of Hann Pan.
The crown reiterated to the jury that over the course of the trial they have heard repeated testimony on the importance of content and context when analyzing thephone records. Rumble stated that the most reliable evidence in the case is the phone records. She argued that while analyzing a phone call or text message in isolation does not paint a good picture, the PowerPoint presentation shows patterns of phone contact between co-accused and explains the entire context of what took place before, during and after the tragic events of November 8, 2010. The crown is adamant that all of the calls between co-accused in the presentation are related to the planning of Hann and Bich Pan’s deaths.
The crown went through slides in the PowerPoint that showed communications between co-accused in the weeks leading up to and after the murder. It also used police video interviews and transcripts to ascertain its theory. It alleged that when Lenford Crawford and Jennifer Pan’s phones touched on August 18, 2010 and touched twice more in September, they were in the beginning phases of planning a murder. Crawford and Pan then ceased contact for five weeks until October 28th.
On October 27, 2010 at midnight, Crawford placed a call to Eric Carty that went to voicemail. Carty called Crawford back and they had two conversations. Crawford later called Carty on his girlfriend, Shavaughn Thompson’s phone. Later that day, Carty texted Shavaughn Thompson and ex-girlfriend Karen Solomon for help in acquiring a rental car. At 11pm the same night, Crawford texted Daniel Wong who then contacted Jennifer Pan. Wong again contacted Crawford and back to Jennifer Pan.
Crawford, Wong, Carty, Mylvaganam and Pan depicted in a courtroom drawing during opening statements on March 19, 2014
The presentation reflects similar patterns in call records among the accused, namely between Pan, Wong, Crawford and Carty in the days leading up to November 8th. For example, Jennifer Pan and Daniel Wong had phone contact, which is seen to be followed up by contact shortly after between Wong and Crawford and then Crawford and Carty and back again to Pan. The crown asserts that it was Wong who did most of the communication between Pan and the other parties.
On October 29th Carty texted Crawford, “u good can that go on 2nite?” Crawford then called Wong three times in an attempt to contact him. Eventually, a flurry of contact ensued between Crawford, Wong and Pan. Later, Carty again texted Crawford seeking a response to his previous text. The crown stated that Carty was looking to possibly complete the plan and asked Crawford, who had to contact Wong, who in turn would have to confirm with Pan if the murders could take place that night. The next day Carty activated a new cell phone under a fictitious name.
On Halloween night of 2010, the crown alleged Wong and Crawford went to 238 Helen Ave to stake out the Pan residence and relay details to Carty and his associates. It also alleged that a meeting took place in order for Crawford to obtain a downpayment from Pan which he later delivered to Carty’s younger brother, Triston Francis. Phone records reflect both Wong and Crawford’s cell phones pinging off the cell tower closest to the Pan residence that night.
October 31, 2010 is said by the crown to be the day that David Mylvaganam became a part of the plan as confirmed by the “ten stacks” conversation he had with Carty. During Carty and Mylvaganam’s conversation, Carty also had contact with Wong and Crawford while they are alleged to be staking out the Pan residence in Markham. The crown stated that Carty was supposed to be at the Pan residence that night which is reflected through the text conversation he had with Wong on Mylvaganam’s phone the next day on November 1, 2010.
Daniel Wong’s November 2nd text when he told Pan “I feel the way you feel,” but about another woman, sent Pan into a flurry of texts demanding a further explanation from Wong, and she eventually told him to “call it off with homeboy.” The crown asserted that Pan was telling Wong to call off the plot for murder because without a future with Wong, there was no motive for her parents to be dead.
But the crown claimed that Wong, despite his message, was still in love with Jennifer and he continued to tell her so in messages hours after he initially broke her heart.
Rumble stated several times that Daniel’s text to Jennifer on November 3rd; “I lined it all up for u” is a confession from Daniel and that “summed it up better than I could – Daniel Wong lined it all up for Jennifer Pan.” Phone records then reflect contacts between Wong and Crawford and then Crawford and Carty shortly after.
November 3rd is the original date the crown theorizes the murders were to happen. The “Gusi fo sho” text to Crawford is said to be patois and is alleged by the crown to mean “go see for sure what time the murders are to happen.”
Earlier that day Crawford texted Pan, “When is the best time for me to take care of my stuff?” Pan replied, “1:30 in the afternoon for sure.” Crawford then asked Pan for a time of completion. She later told him she had a dinner plan with her family that night so “today is a no go.” The next day, November 4th bank statements reflect that she withdrew $500 at approximately 1:30pm. The crown alleged Pan then went to Wong’s workplace to forward the money to her hitmen.
More to follow, stay tuned!