Hooman Ashkan
Panah, an Iranian citizen who moved to the United States shortly before
finishing high school, has been locked up on death row in San Quentin State
Prison in California since 1995.
He was convicted of
sexually assaulting and murdering an 8-year-old girl.
Police found the
girl in a suitcase in the closet of an apartment that Ashkan Panah shared with
his mother in the upscale Woodland Hills community in Los Angeles.
Ashkan Panah, who
was 22 and attending a community college at the time of the murder in late
November 1993, claims he is an innocent man.
But so do many dead
men walking.
So it is no
surprise that the mainstream press has not taken a hard look at the case since
Ashkan Panah�s trial played out in 1994, resulting in a death sentence in March
1995.
Under California
law, death sentence verdicts are automatically appealed to the California
Supreme Court. In Ashkan Panah�s case, the court upheld the jury�s verdict in a
ruling issued in March 2005.
That result could
only have further confirmed the mainstream media�s �objective� slant that his
impending execution is a matter of the U.S. legal system working in the cause
of blind justice.
In reality, though,
the courts and the media are under great pressure to turn a deaf ear to the
facts in the face of the fury of vengeance.
And a case
involving the murder of a child can easily blur the line between the pursuit of
justice and the exacting of vengeance, particularly when the task is put to an
all-too imperfect, even corrupted, system.
Though Ashkan
Panah�s conviction sounds like an open-and-shut case -- after all, the body was
found in his apartment -- if you are willing to open your mind to some new
facts, you may begin to question where the line has been drawn in his case.
The crime
On the morning of
Saturday, Nov. 20, 1993, Ashkan Panah was asleep in his bedroom on the second
level of an apartment unit in Woodland Hills. His mother, Mehri Monfared, also
was in the apartment, preparing to leave for an appointment.
Sometime that
morning, Lori Parker, then separated from her husband, Edward, dropped off her
daughter, Nicole, and her son Casey, at their father�s apartment -- which was
located across a courtyard from Ashkan Panah�s apartment.
Sometime around
11 a.m., Monfared left the
apartment.
At about the same
time, Nicole asked her father for a glove and softball. A short time later, as
he was walking between his apartment and the laundry room, Mr. Parker saw his
daughter throwing the ball against an elevator. He told his daughter to be back
to the apartment by noon.
That was the last
time he saw his daughter.
The precise time of
Nicole�s disappearance is key, and now in dispute as a result of new evidence
uncovered by Ashkan Panah and his attorney.
At about 11:15 a.m., Nicole was seen by a witness
talking to a stranger near the door of Ashkan Panah�s apartment. That stranger
was not Ashkan Panah.
Mr. Parker and the
prosecution claim Nicole was last seen by her father as late as 11:40 a.m. -- well after she ran into the
stranger.
However, Ashkan
Panah�s attorney claims that evidence obtained from the prosecution after his
client was convicted now offers proof that Nicole was last seen at 11:15 a.m. -- at about the same time she
encountered the stranger near the door of Ashkan Panah�s apartment.
After realizing
that Nicole was missing -- sometime between 11:15 a.m. and 11:40 a.m.,
Mr. Parker begins searching the apartment complex frantically for his daughter.
After failing to
locate her, at about 12:30 p.m.,
Mr. Parker called his wife to let her know he could not find their daughter.
Mr. Parker then began knocking on doors at the apartment complex, looking for
Nicole.
He knocked on
Ashkan Panah�s door shortly before 1:00 p.m.
�He [Ashkan Panah]
was wearing pants and a light colored T-shirt. He stepped out a bit while he
stood in the doorway, keeping the door open,� Mr. Parker states in the
transcript of a telephone interview released by the prosecution after Ashkan
Panah�s conviction.
Mr. Parker asked:
�Have you seen my daughter?�
Ashkan Panah
answered: �No, why?�
�I can�t find her,�
Mr. Parker replied.
�I then went next
door and knocked on the neighbor�s [door],� Mr. Parker states in the
transcript.
Mr. Parker
contacted the police shortly after 1:00 p.m.
Officers with the
Los Angeles Police Department (LAPD) arrived at the apartment complex about
1:15 p.m. and proceeded to set up
a command post at the apartment complex.
Ashkan Panah
reported to work at Mervyn�s department store at 3:00 p.m. that afternoon.
Sometime between 10
p.m. and 11 p.m. in the evening the next day
(Sunday), the police found Nicole�s body in a suitcase in Ashkan Panah�s
bedroom closet.
Ashkan Panah was
already in police custody by that time, having been arrested near his
girlfriend�s apartment complex on Sunday morning.
DNA revelation
The facts are like
the pieces of a puzzle. If all the pieces (the facts) are not put on the table,
the full picture will remain incomplete -- even distorted.
At the time of
Ashkan Panah�s trial in the mid-1990s, it appears that some critical puzzle
pieces were buried in the vaults of the Los Angeles justice system with the
blessing of the prosecution -- and due to the less-than-stellar defense
provided by his attorneys.
Years after his
conviction, through the tenacious efforts of Ashkan Panah, his mother and his
current attorney, Robert Bryan of San Francisco, a series of new puzzle pieces
have surfaced.
Among those facts
are the results of recently uncovered DNA tests, which were performed by LAPD
forensic experts and were in possession of the prosecution at the time of
Ashkan Panah�s trial in 1994, but never seen by the jury.
And contrary to
what the jury in that trial was led to believe, the DNA analysis, precise in
its measurement at the genetic level, shows that there is no evidence that
Ashkan Panah had any sexual contact with the victim.
The DNA test results,
as well as additional evidence obtained from the prosecution�s case files, is
now part of a petition for a writ of habeas corpus filed by Bryan and currently
pending before the California Supreme Court.
The habeas filing
is an effort to get the court to overturn or modify Ashkan Panah�s sentence
based on new evidence that has surfaced since his conviction. His automatic
appeal, by contrast, was based only on evidence that had been part of the
actual trial record.
That is a key
distinction, because Ashkan Panah contends that the prosecution withheld as
well as distorted key evidence presented to the jury at his trial. As a result,
the new evidence -- some of it surfacing as recently as several months ago --
might well have led to a different outcome if it had been presented to the
jury.
Now, you, the
readers, will sit in that jury�s place, to determine, in your own minds, in
light of this new evidence, whether Ashkan Panah should die at the hands of the
state.
Next, Part 2: Testing
the theory
Part 3: Alternative theory
Bill Conroy, an investigative reporter and
correspondent for Narco News, can be contacted at
wkc6428@aol.com.