Copyright Santa Clarita Valley Signal
The man accused in the stabbing murder of a California Institute of the Arts student in her Newhall apartment has hired a new defense attorney and filed for a bail-reduction hearing, according to L.A. County Superior Court records. The L.A. County District Attorney’s Office initially requested and received no bail for Jack Minh Terry, a 22-year-old Garden Grove man, who stands charged with first-degree murder in the death of 23-year-old Emily King, a Chinese national also known as Menghan Zhuang, who was about to graduate. Terry was arrested by Lakewood Sheriff’s Station deputies after a 12-day search, which involved detectives sharing blurry screenshots of a man pictured crawling out of King’s window after her murder. Deputy District Attorney Yasmin Fardghassemi requested no bail because she had concerns about the potential threat to the public regarding Terry’s release due to the violent nature of the allegation and his ability to make the statutory $2 million bail amount. Now Terry’s attorney is arguing “the deplorable and inhumane conditions at Men’s Central Jail constitute cruel and unusual punishment, impair Mr. Terry’s defense and demand immediate release.” Last month, Terry’s new attorney, Daniel Perlman, asked for a continuance on Terry’s preliminary hearing, as he had just taken over the case. At a preliminary hearing, a judge hears the prosecution’s case, any affirmative defense, and then determines whether there’s enough potential evidence to prove guilt at a trial. On Oct. 17, Perlman filed a motion on Terry’s behalf seeking to reduce his bail to $1 million, arguing he’s entitled to bail under state law, as no special circumstances have been alleged, and the jail conditions at Men’s Central Jail are impairing Terry’s ability to mount a defense. “Continued pretrial detention in the deplorable and inhumane conditions at Men’s Central Jail not only impairs Mr. Terry’s ability to prepare his defense and maintain a meaningful attomey-client relationship, but also constitutes cruel and unusual punishment in violation of the Eighth Amendment and due process under the 14th Amendment, as detailed in the attached declarations and exhibits, underscoring the urgent humanitarian and constitutional imperative for release on bail,” according to the motion. Because the prosecution is not seeking the death penalty, Perlman argued in his motion, Terry’s right to bail is “unequivocal.” Perlman also called his client “a gentle soul with no prior violence,” referring to a lack of a criminal record prior to the murder allegation. Perlman states Terry’s family can afford the $1 million bail, but not at $2 million. Under state law, a defendant’s ability to pay is not a valid consideration, according to Perlman, who described his client as “a lifelong Californian, Eagle Scout and a UC Riverside engineering graduate whose life exemplifies responsibility and peace.” A sworn declaration by a private investigator paid by Terry to interview and document his jail complaints allege “a pattern of deliberate indifference and neglect by staff,” which started the moment he entered, according to the notes. Upon entry into the jail, the waiting room had one sink, 30 people and a six-hour wait before he was admitted to the medical unit. After a “court burrito” and an orange juice, he waited 32 more hours for a cell, according to Terry’s account. The complaints also included a “dismissal of injury” claim from Perlman’s filing: “Jack’s wrists were being cut by his handcuffs, causing them to bleed. He requested a Band-Aid from Deputy Emery, who observed the injury, laughed and walked away without providing any medical assistance. Jack notes he never received a Band-Aid for the injury.” Terry’s peaceful nature is at conflict daily in a violent environment “where gang control and ignored assaults create a far greater threat to all inmates,” the filing argues, adding that Terry was subject to a gang assault that staff abdicated to inmate “‘discipline.’” Terry’s claims made observations about the racial dynamics in the jail, which is currently the subject of a lawsuit from state Attorney General Rob Bonta, over allegations of cruel conditions. Terry’s notes stated: “Corrections of transgressions were to be administered by one’s own race category. I fell into the ‘whites.’” He also said he was given an ultimatum: Either fight other “whites” for the entertainment of an audience, or be “jumped by the Hispanics,” adding he was forced to fight seven times. The filing says he also was accused of snitching, and even though he didn’t, he was subjected to “gassing” — where an inmate would fill a bag with excrement and throw it into his cell. Terry remains in custody without bail at Men’s Central Jail. Judge Pamela Usher set a bail-review hearing for Nov. 18 at L.A. County Superior Court in San Fernando.
