Daniel Wong’s final submission commenced Thursday November 27. Laurence Cohen spoke on behalf of Wong and stressed to the jury that they rely on the evidence and not the crown’s theory when coming to a decision about his client’s guilt or innocence. Cohen reiterated that in order to convict Wong of first degree murder, the jury must be satisfied beyond a reasonable doubt that his client aided and abetted the murder and attempted murder of Mr. and Mrs. Pan. Cohen stated that the evidence is “thin” and falls “very short of proving murder beyond a reasonable doubt.” He said that perspective on what the trial is about has been lost over the months and likened the crown’s case to a boxing match:
“Sometimes in a fight it’s a knockout. The crown has to knock that person out, legally speaking. I feel this trial has been a big pronouncement of what s going to happen and then we’ve danced around for 12 rounds… Somebody throw a punch. There hasn’t been a punch thrown here.”
Cohen stated that the evidence in this trial has been based on witnesses that are not credible and superficial text messages that could mean anything and that Wong is being accused of “murder by text.”
Wong’s attorney hashed through the evidence and asked if the crown is truly being objective when they accuse Daniel of being a “cold-blooded killer.” Daniel Wong was employed, hardworking and loyal. He maintained closeness with his family and had obligations at home. And although Daniel had a new girlfriend and was moving forward, he also remained close to his longtime ex, Jennifer Pan, because he didn’t want to abandon her. The crown acknowledges Wong was at work on the night of the murder but maintains that he passed Lenford Crawford’s phone number to Jennifer Pan and helped set up the killing of her parents.
A fraction of texts between Wong and Pan on the day of the attacks
Cohen said that Daniel Wong wasn’t hiding from Jennifer Pan in the days before or after November 8, 2010 and if he were involved in a murder plot with Pan as the crown alleges, one would think he would distance himself. Wong and Pan were texting on November 8 in the hours leading up to the shootings, using baby talk and very jovial conversations. Cohen said if Wong really knew two innocent people were about to be shot, these conversations make him appear to be “a sick and twisted puppy.”
The relationship between Daniel and Jennifer is complicated, to say the least. Cohen suggested that Pan suffers from some serious issues concerning her mental stability. He referenced her admission in testimony that she lived in a fantasy world and that she created a separate life for herself by spinning a web of lies about university, employment and volunteer work. Cohen referred to the part of her testimony when Pan told the court Wong had “saved her” after an asthma attack during a high school trip to Europe. Wong became her “knight in shining armour.” Wong had simply told Pan to “calm down,” but in the eyes of Pan it was monumental.
Cohen said the complicated relationship between the two is evident throughout their text messages. On November 2, 2010 when Daniel implied to Jennifer that the two would never be together because he was in love with his new girlfriend, Jennifer sent a desperate flurry of text messages instructing Wong to explain himself. These exchanges culminate in the now infamous text message, “call it off with homeboy.” In the next days, Pan continued to send Wong obsessive texts replete with frantic goodbyes, suicidal tendencies, and irrational spiels. Cohen referred to these texts as an example of the “nonsensical” and irrational world Jennifer Pan resided in – one where she was unable to separate fiction and reality. He suggested that it was possible that Jennifer herself struggled over whether or not she truly wanted the plan and referenced the break in communication with Homeboy. He asked if anybody could know what Jennifer was thinking in the days and weeks leading up to November 8, 2010.
Examples of Jennifer Pan’s disconnect from reality
The fact that Jennifer Pan is a liar, and Cohen suggested pathological, is important when analyzing the context of the text messages.
After Jennifer Pan texted Wong, “call it off with homeboy,” Daniel responded, “call it off with homeboy? I thought u wanted this for u”
The cryptic conversation
Cohen said the crown has taken one line from a text of thousands and has attempted to argue that this is compelling evidence to assert Wong’s guilt. But Cohen insisted that the crown is asking the jury to draw inferences from these messages and pointed out that there is no direct evidence: no forensic evidence – DNA, fingerprints and no reliable witnesses or positive identification of a suspect. In other words, there are no fundamental elements of a “knockout” case.
When police requested that Wong come in for an interview, Daniel agreed because he had nothing to hide. He told police of the false and “twisted” rape story Pan told him in a desperate attempt to hold onto their relationship. Even though Daniel thought Jennifer’s false stories of rape and receiving a bullet in the mail sounded farfetched, he told police he believed her because he and Jennifer were so close and had such a long history together. Cohen pointed to this as an example of the manipulation Wong dealt with in his relationship with Pan.
Though Daniel denied having contact with Jennifer Pan on November 8, 2010, Cohen reiterated that Pan and Wong spoke everyday therefore it would be easy not to recall a specific day. He stated that Andrew Montemayor, whom he described as completely non-credible, also denied having contact with Jennifer Pan on November 8th but later told police that Pan told him of the home invasion murder plot shortly before it happened that night. Cohen pointed out that Montemayor was contracted by Pan to commit murder earlier in the year and he aided her by passing her off to Ricardo Duncan, but Montemayor was never accused of murder. The question is, how did Montemayor escape prosecution when it appears there is more verbal evidence as it relates to a murder plot that came from the stand than we have heard about Daniel Wong?
Cohen dismissed Joseph Oh, a crown witness who was used to assert its theory that he was passing messages between Wong and Crawford on November 8th, as completely not credible. He accused Oh of agreeing with everything any of the attorneys suggested to him in order to get off the stand and argued that his testimony was useless. He also called the crown’s theory of bridging “garbage” because the task at hand is murder and phone records reflect lots of contact between Wong and Crawford on November 8, 2010.
Wong, Crawford and Carty were all involved in drug dealing
Daniel Wong knew Lenford Crawford and the two sold drugs together for a year or two prior to November 2010. They were in contact regularly and personally met up at times. Wong was introduced to Carty, presumably by Crawford and the two met in person at least once prior to the alleged planning of the attacks at 238 Helen Ave. In July 2010, text messages reflect Carty and Wong planning to meet in order to complete a drug deal. Cohen stated that Wong had reasons, other than murder, to contact his co-accused.
Cohen told the court that “the witnesses and evidence aren’t there,” when it comes to proving the crown’s case. He said the crown has “cherry-picked” text messages and phone calls that they claim must be about murder but have not proven it. He urged the jury to look at the entire context of the text messages and consider how things can be misunderstood. Cohen asked the jury to consider whether they believe the crown has proven the fundamental issues concerning this case beyond a reasonable doubt.
Cohen reiterated that Daniel Wong had no motive and no reason to help Jennifer Pan murder her parents. He urged the jury to use their common sense when analyzing the evidence and acquit Daniel Wong of all charges.
Daniel Wong Profile:
Andrew Montemayor Testimony:
Testimony Recap: Pan Approached Others to Murder Parents – Part 1
Joesph Oh Testimony:
Testimony Recap: Joesph Oh – Alleged Bridge for Wong and Crawford
Cohen’s cross of Jennifer Pan:
Intense Cross as Ex-Boyfriend’s Attorney Grills Pan, Asks Why Father Deserved to Die?
Regina vs. Pan et al. 
Who will play Jennifer in the CBC movie ?
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