A group of Bay Area attorneys are working to change a South Korean mother’s future, filing a motion to overturn a Yolo County jury’s verdict, which found her guilty of abducting her own child.
Nan HuiJo, 43, fled with her then 14-month-old daughter to South Korea, her home country, in 2009 against the wishes of the child’s father, Jesse Charlton, who was allegedly abusive. Charlton was attempting to get Jo to attend Family Law court in Sacramento to establish joint custody and a visitation schedule.
This was not the first time Jo’s fate was in the hands of a jury.
Her first trial ended in December 2014 with a hung jury, prompting the Yolo County District Attorney’s Office to order a retrial, which began Feb. 17.
After two days of deliberations, jurors unanimously found Jo guilty of “taking, enticing away, keeping, withholding or concealing” her 6-year-old, American-born daughter, Hwi.
During her sentencing earlier this month, Jo requested a change in counsel from a public defender to a trio of private attorneys led by Dennis Riordan, whose high-profile clients have included Barry Bonds.
Jo’s motion to retain new counsel was called “untimely” by prosecutors and Yolo Superior Court Judge David Rosenberg, who later granted this request, delaying sentencing.
On Tuesday, Riordan filed a 44-page “motion to set aside the verdict,” which cites dozens of cases pertaining to Jo’s situation, which Riordan writes was filled with abuse.
“Mr. Charlton’s anguish over missing his daughter and his present desire to be a good father to her came through powerfully in his testimony during both trials in this matter,” the motion states. “But there is the present Mr. Charlton and the one who existed in 2008, when Ms. Jo became pregnant with their child. At that time, according to Mr. Charlton’s own testimony,1 he was suffering from post-traumatic stress disorder, was emotionally erratic in his behavior, and was subject to memory loss and depression.”
Charlton, an Iraq war veteran, “neglected his responsibilities in his relationship” with Jo, Riordan wrote, noting Charlton did not even want Jo to have their daughter.
“Members of his extended family also urged Ms. Jo to give her baby up for adoption, which appalled and outraged her,” the motion states. “When Ms. Jo was seven months pregnant, Mr. Charlton told her he did not want to see her again, leaving Ms. Jo to give birth without the support of her child’s father.”
Though Charlton has never been arrested for domestic violence, he admitted in court that he once grabbed Jo by the throat and threw her up against a wall. This 2009 incident was also highlighted in Riordan’s brief.
The defense’s motion will be heard at 1:30 p.m. on Tuesday in Department 4.
Contact Sarah Dowling at 530-406-6234.
