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Dark Downeast
The Murders of Jimmy and Anne Choy (Massachusetts)
00:45:31
After a fire in a Brockton, Massachusetts neighborhood killed a man and woman in their own home, the investigation zeroed in on two people – two children – who had escaped the blaze unharmed.
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- [00:01]
Ashley Flowers
There are some cases so infamous that we have all heard about them. But some of the coldest cases, the most mysterious, are the ones that you've never heard of before. I'm Ashley Flowers, and every Wednesday on my show the Deck, I dive into the coldest of cold cases. Many of these victims didn't get the press coverage they deserved during the initial investigations, but I'm sharing what our reporting team has found on these stories in hopes that some someone listening may have the information needed to bring answers to light. And that listener could be you. Listen to the Deck now. Wherever you get your podcasts, Dark down east is proudly sponsored by Amica Insurance. The unexpected can happen at any moment, and Amica knows how important it is to be prepared. Whether it's auto, home or life insurance, Amica has you covered. Their dedicated and knowledgeable representatives will work with you to make sure you have the right coverage in place to protect what matters most. You can feel confident that Amica is there for you. Visit amica.com to get started. Netcredit is here to say yes because you're more than a credit score. Apply in minutes and get a decision as soon as the same day. Loans offered by Netcredit or lending partner banks and serviced by Netcredit. Applications subject to review and approval. Learn more@netcredit.com partners net credit credit to the people Meet Flip.
- [01:26]
Flip
She's one half of a Flip Flop.
- [01:28]
Ashley Flowers
That's me.
- [01:28]
Flip
Who got left behind at Celebration Key, Carnival's exclusive paradise in Grand Bahama.
- [01:33]
Ashley Flowers
Uh, I chose to stay here. It really is paradise.
- [01:36]
Flip
So now Flip spends her time lounging on the beach, swimming in the lagoon and eating.
- [01:41]
Ashley Flowers
The only thing more impressive than my appetite are all the dining options.
- [01:44]
Kylie Lowe
Yeah.
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Flip
Have you tried food service to your cabana?
- [01:46]
Ashley Flowers
Ooh, yum clip.
- [01:48]
Kylie Lowe
What?
- [01:48]
Flip
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- [01:55]
Ashley Flowers
In Panama after a fire in a Brockton, Massachusetts neighborhood killed a man and a woman in their own home. The investigation zeroed in on two people, two children who had escaped the blaze unharmed. I'm Kylie Lowe, and this is the case of New Ann Choi and you, Jimmy Choi, on Dark Down East. It was 4:56am on Thursday, April 17, 2003, when a call came in to the Brockton Fire Department.
- [02:43]
Kylie Lowe
This is the Brockton Fire Department. Can I help you? Yeah, where are you calling from? Bel Air Street. She's on the second floor. What apartment are you in? What apartment are you in? I'm in our house. Is it a single family home? Yes. What's burning? I don't know. I was in my room sleeping and I saw a fire gushing through my door. My mom came out here anymore. All right, you're at 102 Bel Air street in Brockton? Yeah. Okay. At floor number two? Yeah.
- [03:14]
Ashley Flowers
Yep.
- [03:15]
Kylie Lowe
It will be right there. Okay. I'm still on the phone with you.
- [03:20]
Ashley Flowers
There are three voices on the line. The emergency dispatcher who connected the call to the fire department, the Brockton fire department dispatcher and the caller, 17 year old Frances Choi. The emergency dispatcher stayed on the line with Frances and kept her talking as she waited for first responders to arrive. With her head out the window of her bedroom.
- [03:42]
Kylie Lowe
Can you see the smoke coming out any other windows? Yeah. Which ones? All of them are Just some of them, I think. Just mine. Just yours? Oh, no. Well, that's good, cuz that means it hasn't got to the rest of the house yet. That's a good thing. No, I came from the living room. Is that downstairs? Upstairs. Downstairs.
- [04:05]
Ashley Flowers
Frances voice stays steady, but moments of shock and fear are evident as the dispatcher continues to ask her questions.
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Kylie Lowe
Any of the neighbors outside?
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Ashley Flowers
No.
- [04:16]
Kylie Lowe
Do you have neighbors nearby? Yeah, they. Look, Dorothy, there's no one out here. This is like a dream. It's gonna be ok. Do you hear the sirens yet? Yeah. All right. They're gonna be there any second. I'm gonna take care of you. It's gonna be okay. All right, I see. I'm coming. Just hold on. Thank you for staying on the phone with me. You're welcome. As soon as they get there, I want you to tell them where everyone else is located in the house so they can get them out too. Okay? Who else is in your house? My mom, my dad and my nephew. That's it? Yes. How old's your nephew? He is 16. Are they all on the second floor? Y. Yeah, they should be, unless my dad went downstairs.
- [05:10]
Ashley Flowers
Firefighters had arrived at 102 Bel Air street in Brockton. According to a Massachusetts State police incident report, there were no signs of smoke or fire from the street. But walking up the driveway along the side of the house, they could begin to see smoke coming from a second floor window and a person sticking his head out, though he was not calling for help. In another second floor window, they spotted Frances Choi. I'm back here.
- [05:39]
Kylie Lowe
I'm back here. I still believe. Sorry. Go ahead and talk to them. Bye. Bye.
- [05:50]
Ashley Flowers
After Hanging up the 911 call, she hollered down to the Firefighters that her parents, 53 year old Ann Choi and 64 year old Jimmy Choi, were inside the house too. Firefighters entered the house and found it filled with thick black smoke. But the smoke detectors weren't blaring their telltale sound. Making their way through the kitchen, up a half flight of stairs, into a living room and then onto a bedroom, fire personnel found Anne lying on the bed and Jimmy on the floor. Both were unconscious as they were removed from the house. Firefighters knocked down the blaze as all four residents, Frances and her parents, as well as the other person seen in a second floor window. Frances nephew Kenneth Choi, were transported to the hospital for treatment. As the remnants smoldered, investigators noticed a distinctive odor in the air. It was a strong, almost menthol scent, described by one official as similar to Vick's VapoRub. As the fire marshal's office began their assessment of the cause and origin of the fire, they realized that the odor was not from a topical medicine used for coughs and stuffy noses, but something else. Trooper Jeannie Stewart of the Massachusetts State Police fire marshal's office realized what it was when she stepped inside Jimmy and Ann's gasoline. It seemed the fire had been intentionally set. An accelerant detection canine alerted at several areas inside the house, including the melted remnants of a plastic container in Ann and Jimmy's bedroom. Investigators found no sign of forced entry to the house and all windows and doors were secured when they first arrived at the scene. So what happened here at the hospital? Ann Choi was pronounced dead at 5:53am she had suffered burns on 60% of her body. Jimmy was still hanging on but but was in critical condition and transported to a second hospital for additional treatment. By 6:35am The Choi's home was secured as a crime scene. Jimmy Choi, originally from Hong Kong, and his wife Ann had lived in Vietnam before immigrating to the United States. They lived in Boston's Chinatown for a time before eventually moving to the Brockton neighborhood where their daughter Frances Choi grew up. According to reporting by Dave Wedge for the Boston Herald, both Jimmy and Ann worked at a medical equipment manufacturer in Braintree for years. But Ann left for personal reasons and then In September of 2002, Jimmy went on medical leave as he battled cancer. Jimmy had been married before Ann and had at least one son from that marriage who lived in Hong Kong with his family, including a son, Kenneth. When Jimmy's son passed away, Jimmy petitioned to have his grandson Kenneth come live with him and his family in the United states. He arrived March 27, 2000 and his grandfather was granted primary guardianship a little over a year later. Kenneth lived with his grandfather and step grandmother along with his aunt Frances, who was almost the same age as him. In April of 2003, Frances Choi was a senior at Brockton High School. She was an honor student and a member of the student senate, and she played on the tennis team. The Superintendent of Schools told Megan Tench and Adnan Vaishnav of the Boston Globe that Frances was a hard working, dedicated and high achieving student, but also quiet and reserved. She was the kind of kid who did all the work in the group assignment but then let someone else present the final project. However, Frances her academics had begun to slip in the last few months of senior year. Frances had already been accepted into four colleges though, including Suffolk University. But getting into college was one thing, while the reality and logistics of attending was another. According to statements made by Frances contained in case file documents, she held a lot of responsibility. At home, her parents struggled with health problems, and so it was Frances taking care of them and the house she cleaned, cooked and managed the bills for her mother and father. All on top of keeping up with schoolwork and her job at an office supply store. Frances had hoped that getting into college would give her some independence from her parents. She thought she might even be able to move in with her boyfriend who her father had forbidden her from seeing, but that just wouldn't be the case. Because of their strict rules and all of her responsibilities, Frances had to live at home and continue caring for her parents even after starting at university. This left her frustrated and unhappy, and that would fuel growing suspicion as the investigation into the fire at the Choi home unfolded. Make this new year a milestone in your child's education with ixl. 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Quince.com downeast3 Massachusetts State Police officials first spoke with Kenneth Choi as he lay in bed at the hospital on the morning of the fire. Still in recovery, Kenneth told investigators that he heard Francis get home from work around 9:45pm the night before. He stayed up playing video games in his room until around 10, and then he went to bed shortly after. He said he was sleeping soundly until his grandmother's screams woke him up. She was shouting for Frances. Kenneth said he didn't know what time it was, but it was still dark outside, so he reached for the light switch only to find that the electricity wasn't working. When he opened his bedroom door, he was immediately overwhelmed by thick black smoke in the hallway. He slammed the door shut again and ran to one of the windows in his room. It was stuck, but he eventually wrenched it open and gulped in the fresh air from outside. Kenneth told police that he could hear Frances on the phone in her bedroom, and though he wasn't sure what she was saying, he assumed she was calling for help. Firefighters arrived and rescued him soon after. Police asked Kenneth if he knew anything about the heating system of the house or if any maintenance or construction work had been done recently at the residence. He said he believed the house was heated with natural gas, but there hadn't been any work done. They also Asked if anyone smoked at the house, if they ever had any issues with any of the neighbors, and if he heard the smoke detectors going off that morning, Kenneth answered no to all, no smoking, no issues, and no smoke detectors. Finally, the officers asked Kenneth if he knew of any flammable materials that were kept inside the house. Kenneth could think of a few. There were cans of paint stored in the basement near the heating system and a red gas can used to fill up the lawnmower and snow blower. But he wasn't sure if the gas can had anything in it. He didn't have much else to offer detectives, he said. The investigators asked Kenneth if they could collect the clothing he was wearing at the time the fire started, saying that testing the items might help to determine the cause of the fire. Kenneth was eager to help and changed into hospital garments as he handed over his clothes to police. The same officials interviewed Frances Choi at the hospital that morning, too. Frances told pretty much the same story as her nephew. She said that she got home from work around 9:45 and went in to check in with her parents before going to bed herself. Her mom and dad were in their bedroom and they chatted for about 15 minutes, mostly about Frances acceptance to Suffolk University. Frances woke up sometime early in the morning to the sound of her mother screaming. She could just make out the words, Frances, there's a fire. There's a fire. Frances said she could hear a sizzling sound coming from outside the bedroom door and bright flames around the edge of her door frame in the dark. Frances picked up the landline phone, but her mother was already on the line, screaming unintelligibly. It wasn't clear if anyone was on the other end, but. So Frances found her cell phone and called 91 1. The first call dropped, but the dispatcher called back and connected Frances to the Brockton Fire Department. That was the call audio you heard at the top of this episode. Police asked Frances if she could think of anyone who might have a problem with her family, someone who might want to burn down their house. Frances said that their cars had been vandalized in their driveway about two months earlier, and the investigation found that it was because of issues Kenneth had with two other people at school. But it had since been resolved and there weren't any other incidents since. That was all that came to mind. Like Kenneth, Frances also agreed to hand over her clothes for testing, wanting to do anything she could to help the ongoing investigation. Both teenagers. Articles were packed separately and then presented to an accelerant detection dog who was trained in Detecting the presence of flammable substances along with the clothing Ann was wearing when she was found unconscious in her bed. After a good sniff, the dog alerted to the presence of a possible accelerant on two articles of clothing, one being Ann Choi's pajamas. The other was Frances Choi's sweatpants, worn at the time the fire broke out. These were passed on to the state crime lab for further analysis to confirm the canine's findings. Frances and Kenneth were released from the hospital at 10am the same morning as the fire. Kenneth went with a family member to visit his grandfather Jimmy, who was still fighting for his life in critical condition at a different hospital. But Frances returned home first. She was greeted by officials still in the process of assessing the scene, and they told her she wasn't allowed to go inside. So instead, Frances sat with detectives in an unmarked cruiser for a second interview. The detectives asked Frances why she returned to the house, and she said she was worried about her belongings getting stolen. The detectives assured her that the house was secure and even said that anything damaged by the fire would likely be covered by insurance, so she didn't need to worry about her things. At the mention of insurance, Frances told detectives that she was the sole beneficiary of her mother and father's life insurance policies, totaling an estimated $100,000. She knew this because she was the one who paid the bill every month. The detectives then went on to ask Frances about the smell of gasoline in her parents bedroom and on the sweatpants she was wearing when the fire began. She had no explanation for why gasoline would be anywhere near her pants or her mother and father's bedroom. She said she hadn't handled gasoline recently. She didn't fill up the lawnmower or snowblower. Those were Kenneth's chores and she hadn't worn them while getting gas in any of the family cars. When asked if she hugged her mother or had contact with her after the fire, Francis said no. During this questioning, a family member arrived to pick up Frances and bring her to the hospital to visit her father. But the detectives gave her a ride instead so they could continue talking on the drive. They asked her how she was going to pay for her college education, and Frances told them nothing was finalized yet, but her father was going to pay for her tuition and she was going to live at home, even though she didn't want to. Frances described all the responsibilities she had at home and to her parents. According to the incident report, Frances described her parents as a quote, unquote burden. After the detectives dropped Frances off at the hospital. They spoke with Kenneth, who was also at the hospital where Jimmy was being treated. They asked him several questions before confronting him with this one. Would he or his Aunt Frances have done anything to hurt Ann and Jimmy? Kenneth said no, and then he told the detectives that he wanted to go see his grandfather, but they could call him anytime. Jimmy Choi passed away later that day, succumbing to the burns on over 80% of his body and smoke inhalation from the blaze. As doctors removed Jimmy's life support, Frances hugged him, according to Maureen Boyles, reporting for the Enterprise. A family member tried to pull Frances away, explaining that hugging the dead causes bad luck to rub off on you. Frances didn't care. She asked her dad to wake up. You can't leave me, she said. Back at 102 Bel Air street in Brockton, with a warrant in hand, State police began to fully search the choi's home around 5:30pm as detectives scoured Kenneth's bedroom, they uncovered a piece of paper with a handwritten note. It was personalized stationery. The top read a note from Kenneth Choi, and below was what appeared to be a detailed plan to burn down the Choi's home. Acorns makes it easy to start automatically saving and investing so your money has a chance to grow for you, your kids and your retirement. You don't need to be an expert. Acorns will recommend a diversified portfolio that fits you and your money goals. You don't need to be rich. Acorns lets you invest with the spare money you've got right now. You could start with $5 or even just your spare change. And you don't need to feel like financial wellness is impossible. Acorns gives you small, simple steps to get you and your money on track. 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- [22:40]
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- [23:03]
Ashley Flowers
Among the items seized as evidence from the Choi's home after the fire were two handwritten notes that appeared to be on Kenneth Choi's personal stationery as reported by Maureen Boyle for the enterprise. The first note was an 11 point list. It started with a time that it would all begin. 3:31 own room ready gas lil bottle put it near TV. The list continues on with a step by step procedure including putting gasoline into bottles and placing them in an apparent trail from the basement to the upstairs. The second list, which was 20 points long, included notes like Fire up grandpa's room and remember fire this paper totally. End quote. After the discovery of the notes, both Frances and Kenneth were brought in for formal questioning and read their Miranda rights. Both agreed to speak with police without an attorney present. In one interview room, a detective confronted Kenneth with the notes found in his bedroom on his own stationery that appeared to be a plan to burn down his grandparents house. He first denied that he wrote the note, but detectives told him the handwriting matched other things found in his bedroom. That's when Kenneth changed his story. He said he did write both letters investigators had found in his room, but it wasn't what it looked like. He said they were copies of a chain letter someone gave him at school. He was told if he didn't make 10 copies and hand them out then he'd have bad luck. He couldn't give the detective a name of who handed him the original letter and said only that the student was black and he'd never met him before. The detective highly doubted this chain letter story was true and he told Kenneth as much. Kenneth got quiet then and looked down at the floor. As the detective continued to speak, the detective asked Kenneth if it was his intent to kill his grandmother and grandfather. Kenneth finally responded that they didn't want to kill anyone. The metaphorical door was then opened and the detective walked right through it. He asked Kenneth to tell him everything about the circumstances of the fire. And Kenneth went on to lay out the entire plot, alleging that despite the notes in his handwriting, his aunt Frances was the mastermind behind the whole thing. According to Kenneth, Frances was tired of living under her father's control and wanted to find a way to move out of the house, rent an apartment with her boyfriend and go to college free of her responsibilities to her parents. There were several ideas about how to make that happen, according to Kenneth, even a staged robbery. But about a week earlier, Frances had settled on a fire, he said. In Kenneth's version of events, Frances said that they should pour Some gasoline in the basement from the gas can they kept there for the lawnmower and continue a trail up the stairs and into a second floor hallway. Then they'd fill a few plastic milk containers with gasoline and place them in Ann and Jimmy's bedroom. She also allegedly said they'd need to cover the outside of the bedroom doors and make sure the bathroom caught fire too, so it didn't raise suspicion that the fire had been intentionally set. Kenneth claimed that Frances told him to write the whole plan down so he was clear on the steps. He said he'd been taking notes as Frances was talking, but he did so in his own personal shorthand and Frances couldn't understand it. So she wanted him to write it again and give it to her. When he finally delivered his copy of the plan, he said Frances told him he missed some steps and to do it again. She approved of the final copy and told him to make sure the notes were burned in the fire so no one would find them. But he forgot. A few nights before the fire, Kenneth told the detective that Francis brought him down to the basement to fill up two milk containers and two soda bottles with gasoline. They stashed them behind the garbage cans in the basement. But he claimed that Frances didn't want to carry out the plan that same night because she heard her dad moving around in his room and didn't want to get caught. The time finally came, according to Kenneth, on that morning of April 17th when he awoke to sounds in the basement. He said he found Frances down there holding the containers they'd hidden a few days before. She said it was time. Kenneth claimed that Frances went upstairs with gas cans and began dousing the living room walls and furniture, which was directly below her parents bedroom. Then she went on to cover the stairs, he said, and the door to Jimmy and Ann's room. Kenneth said he placed two containers of gasoline on the basement stairs, but decided not to light it. When he told Frances he failed to do that part of the plan, she told him to go to his room and she'd do it herself. He ran upstairs and shut and locked his bedroom door. He said he could hear his aunt run downstairs to the basement and seconds later the telltale sound of a fire igniting his ears followed the sound of her footsteps back upstairs and into her bedroom with a slam of the door. Kenneth was adamant that they never planned to kill anybody. Frances just wanted her freedom, and this was how she planned to get it. When asked why he would go along with this plan to burn down the house and put Himself in danger. Kenneth said that Frances promised him $10,000 of whatever insurance payout she got. That was enough in Kenneth's mind to move out and start a new life for himself, too. In the other interview room, the detective questioning Frances told her that Kenneth told them everything, that he'd admitted to participating in her plot to set the house on fire. Frances said she didn't have any idea what her nephew was talking about and she didn't have anything to do with setting the fire. Frances said that Kenneth had a grudge against her and hated her parents, and he was probably trying to pin the whole thing on her because he wanted their money. After that, detectives brought Kenneth into the room with her. She shouted at him, asking him why he was accusing her of being involved because he knew she didn't do anything. Kenneth responded by calling his aunt a quote, great actress. She continued to deny any involvement in the fire that killed her parents, and Kenneth continued to accuse her. Frances had been in the interrogation room for three hours after Kenneth's admission. The officials questioning her made it clear that if she didn't give them different information than the repeated denials, she'd be arrested. For a brief moment, Frances changed her story. She said that around 3 or 4am in the morning of the fire, she went downstairs from her bedroom and filled plastic cups with gasoline from a gas can. She lined the cups up on each step of the basement staircase and then returned to her bedroom. But almost as soon as she admitted to this role in the fire, she recanted what she said. Frances said she was lying and she didn't do anything. At that point, both Kenneth and Frances hands were swabbed for testing to detect the presence of accelerants. And then they were placed under arrest for murder and arson. The case was major headline news. What started as a story of bravery applauding Frances for calling 911 and saving herself and her nephew from a fatal fire turned into dramatic stories of two teenagers accused of a cruel and vicious murder. Kenneth and Frances would be tried separately with Kenneth in juvenile court. They both entered not guilty pleas and were ordered held without bail. If found guilty, they faced life in prison. Frances trial began in January of 2008. Interestingly, Kenneth had been expected to testify against Frances during her trial. But after her lawyer interviewed him in jail, before the proceedings began, he backed out. And he couldn't be forced to appear since he was charged in the case too. So nothing Kenneth had ever said about Frances involvement in the fire could be used against her. The handwritten notes that listed Out. The steps to start the fire couldn't be used as evidence either. By the time her trial began, Frances had been held at state prison for almost five years. And it wouldn't be the end of her waiting behind bars for a verdict. After 14 and a half hours, the jury was deadlocked. The judge declared a mistrial. The prosecution intended to pursue the case again, but first, Kenneth would face a jury for his part in the deaths of his grandparents. Kenneth's trial began a week after the mistrial was declared for Frances. The notes were allowed as evidence in his case, but the bulk of Kenneth's defense was that it was his aunt Frances, not him, who masterminded the fire. A state police sergeant testified to the conversation he had with Kenneth about his aunt promising to give him $10,000 of the insurance money and how she told him to write down all the steps so he wouldn't forget. The trial lasted just a few days. Unlike the deadlock issues they had with Francis's trial, this jury was able to reach a verdict. Kenneth Choi was found not guilty of murder. He walked away from the courtroom a free 21 year old man, having been jailed since he was 16 years old. As he was escorted outside, Kenneth was handed a subpoena to appear at the second trial for his aunt Frances, this time cleared of charges. He would be compelled to testify against her, and in return, he was granted immunity from any other charges like arson or conspiracy that might stem from what he told the jury. In the year following his acquittal, Kenneth worked to get his life together. He moved in with family, friends and tried to get into the army, but was rejected. He got his driver's license and delivered pizza for a while, but was out of work when his plan for a new life caught a snag. Kenneth had been part of an ongoing investigation and under surveillance when he was finally apprehended in August of 2009 and accused of dealing heroin. Police found a small amount of heroin in a vehicle connected to Kenneth and nine more grams in his bedroom. He was held on $1,000 cash bail. Kenneth's arrest wasn't the only incident in the Choi family that year. In late August and early September of 2009, two more fires broke out at the Choy residence. An email exchange between two Assistant District Attorneys on September 2, 2009 stated that the fire department responded to the Choi home on Bel Air street, which had been boarded up for years since the fatal fire in 2003. Fire officials found that someone had gained entry to the home by removing plywood from the windows or doors and had lit a couch on fire. This couch was not involved in the first fire in 2003 or another fire at the house, which had occurred only days earlier. The fire department and the crime scene services team wanted to know if they should reboard the house and preserve any evidence, but it was tentatively decided that that wasn't necessary. In the email thread about the fires, the ADA on Francis choi's case wrote to another ADA via email. Kenny did make bail, didn't he? End quote. The discussion of Kenny making bail assumed to be Kenneth choi suggests that the DA's office hypothesized that Kenneth had set the two fires. The second ADA responded, I think you should just np Frances case right now, Meaning they should stop pursuing the case against frances. But that didn't happen. What's more, the prosecution didn't even inform frances defense counsel of the fires at the house, Fires that she obviously did not set because she was in prison awaiting trial, but could have been set by some other party who had motive to see that the house burned to the ground. Those fires at the choi residence would not be part of the case presented to a jury When Frances faced her second trial In January of 2011, prosecutors presented much of the same evidence as the first trial, except one big important difference. Kenneth choi was a star witness.
- [36:50]
Flip
Meet flip. She's one half of a flip flop.
- [36:53]
Ashley Flowers
That's me.
- [36:53]
Flip
Who got left behind at celebration key, Carnival's exclusive paradise in grand bahama.
- [36:58]
Ashley Flowers
I chose to stay here. It really is paradise.
- [37:02]
Flip
So now flip spends her time lounging on the beach, swimming in the lagoon, and eating.
- [37:06]
Ashley Flowers
The only thing more impressive than my appetite are all the dining options. Yeah.
- [37:10]
Flip
Have you tried food service to your cabana?
- [37:11]
Ashley Flowers
Ooh, yum. Flip.
- [37:13]
Flip
Where'd she go? Book your cruise. Vacation to Carnival. Celebration key. A paradise you'll want to lose yourself in. Ship's registry. The Bahamas. In Panama.
- [37:23]
Ashley Flowers
Foreign. Steve finessi reports for Boston college magazine that Kenneth took the stand to tell the jury how his aunt planned the whole fire. With his cloak of immunity, he admitted that he wrote the notes with a list of steps for starting the fire and that he placed soda bottles filled with gasoline on the basement stairs. But that's where his involvement stopped. He claimed he repeated the story he'd told over and over. He went to his room, and he heard a whoosh sound. His clue that his aunt had ignited the fire. Vicki Ann downing reports for the enterprise that the defense presented witnesses who testified about false confessions. The intent was to drum up some doubt surrounding frances Admission and then quick retraction of that admission. And after hours of interrogation on the night she was arrested. When the jury began their deliberations, everyone wondered if this time the outcome would be different. If Frances would be convicted of killing her parents, if she would continue a life in prison for the crimes she was accused of committing. But that's not what came to pass. Once again, after four and a half days of deliberation, the jury tasked with deciding Frances Choi's fate was deadlocked. It was declared a mistrial for the second time. Back to state prison, Frances went where she'd been in custody for nearly eight years, Already held without bail. Frances attorney planned to appeal for his client to be released on bail pending a third trial. Eric Potter reports for the enterprise that the appeal was granted and Frances was released on $20,000 cash bail, which she posted with the help of her family members. Pooling the funds together, her aunt and uncle picked her up from the courthouse, and she'd be staying with them until the trial. During those eight years in prison, Frances had earned a bachelor of science degree from the Boston University Metropolitan College program and was even the class valedictorian, all from the confines of state prison. Her family continued to support her, appearing at hearings and giving her a place to stay while she was out on bail. Though it was the first glimpse of freedom in nearly a decade, Frances wasn't truly free. The promise of a third trial lingered, and she took her seat at the defendant's table in May of 2011. This time around, the state didn't have their star witness, Kenneth Choi. According to court records, he had returned to Hong Kong, but his testimony would still be introduced to the jury by way of role play. With the transcript from his earlier testimony about the plan he claimed his aunt concocted. The state told the jury how Kenneth's version of events was corroborated by testimony about Frances apparent admission of guilt on the night she was arrested, and by further testimony from first responders who described Frances as calm and emotionless following the fire. In closing arguments, the state repeatedly reminded the jury that a state police chemist had identified the presence of the gasoline on Frances pants, but that Kenneth's clothing did not test positive for gasoline. Again, the jury deliberated for days on end, weighing the evidence against Frances. When they finally returned with a verdict on May 16, 2011, the news was a shock to all who heard it. This jury, unlike the two who came before, was able to reach a unanimous decision, and they found Frances Choi guilty on all counts. She was labeled a Calculating killer in a headline by the Enterprise newspaper. But family, friends and those who knew the bright, diligent student expressed their doubt that she was really the killer that the prosecution and jury decided she was. It would take almost a decade, but the doubt shared by Frances supporters would ultimately be proven true. Frances wasn't a killer, but a victim herself. Frances Choi was appointed attorney John Barter for the appeal process, who began a post conviction investigation into Frances case. After years of work, John was certain that his client was innocent. He reached out to attorneys from the Boston College Innocence Project who took up Frances case in 2017, and the team went to work analyzing the case file and evidence. What they found blew them away. For five years, attorney John Barter had fought for the Plymouth County Prosecutor's Office to release emails between the assistant district attorneys who prosecuted Frances. When he finally obtained those emails, he found them riddled with racist and sexually explicit remarks about Frances and her family. The January 2020 motion states these emails included jokes about Asian people, photographs depicting Asian people in a demeaning way, and commentary specifically about Frances, alleging that she was engaged in an incestuous relationship with her nephew and mocking her. End quote. The emails themselves could have been grounds for a new trial, but the team kept working. The sweatpants Frances was wearing on the morning she was rescued from the fire, a major piece of evidence that the state argued pointed to her guilt due to the gasoline residue on them identified by a state police chemistry. Those were analyzed again, this time by an analytical chemist sought out by her post conviction counsel. This chemist found that when measured by generally accepted standards, the results did not support a conclusion that there was gasoline residue on Frances sweatpants. She further stated in her affidavit that had she been retained prior to trial, she she could have testified to this fact as a defense witness. However, the defense was unable to obtain her or another expert like her at the time as they were limited to experts within Massachusetts as well as funding issues. So this potentially exculpatory evidence was never heard by the jury. What's more, the prosecution had said to the jury during closing statements that Kenneth's clothing did not test positive for gasoline, which may have been technically true, but one major omission was revealed by the post conviction investigation. Kenneth's clothing wasn't tested at all. Court documents state that 11 items were tested by the state police laboratory and not a single one of those 11 items was Kenneth's clothing worn on the morning of the fire. The BC Innocence Project team also discovered a witness, a friend of Kenneth's who Stated that Kenneth admitted to her that he started the fire in direct contradiction to his sworn testimony that he had nothing to do with it. According to the witness, Kenneth also bragged about being found not guilty because he's the one who bought the gas, started the fire and had gas on his clothes. The motive, the witness stated, was that Kenneth and his mother in Hong Kong were mad at Jimmy and Ann because they kept asking for money and so he wanted to kill them in revenge. Court records state that Francis's trial attorney was aware of this witness, but never called the witness to testify. It was an argument for ineffectiveness of counsel. Her attorney had a duty to conduct an independent investigation of the facts. But by not calling the witness who could speak to Kenneth's alleged admissions, A major piece of her defense was neglected. The investigation by Frances post conviction counsel also uncovered those emails about the two other fires set at the Choi home while Frances was incarcerated. Withholding this information from the defense was a huge issue as it was potentially exculpatory evidence. The post conviction investigation also discovered an incident in January 2003, a few months before the fire, when Kenneth was reported missing to Brockton Police documents show that Jimmy told police Kenneth left home because of an argument about Kenneth selling drugs. This detail was either withheld or overlooked during the original discovery period for Frances trial. And so another potential motive for Kenneth to kill his grandparents was was never presented at trial. There were several other major issues raised in Francis Choi's appeal for post conviction relief. An assistant district attorney who told a detective what to say in his testimony, even though it was false information. Police lying about having the necessary equipment to record interviews and interrogations. Evidence that investigators claimed was destroyed but was in fact still contained in the case file. It was overwhelmingly clear to her post conviction appeal attorneys that Francis Choi's case and the state's conduct during the investigation and trial were fraught with error and issues. So they laid it all out in a motion for post conviction relief in January of 2020. In April of that year, Francis Choi was released to home confinement as she awaited a ruling on the motion. On September 29, 2020, Judge Linda Giles issued a ruling. Judge Giles found that Francis had presented an extensive record of newly discovered exculpatory evidence as well as prosecutorial and police misconduct, showing that justice may not have been done. With that, the two murder convictions and one conviction for arson were vacated and there would not be a fourth trial. Frances Choi was exonerated. At the time of her exoneration, Frances had spent as many years in prison as she had outside of it for a crime she did not commit. The assistant district attorneys who prosecuted Frances Choi, Karen O'Sullivan and John Bradley were actually fired from the Plymouth County District attorney's office in 2012 prior to Frances's exoneration. In June of 2023, the Office of Bar Council filed a petition for discipline against O'Sullivan and Bradley, alleging misconduct in Frances case, specifically calling out the racist emails and other issues in the case. The board would review and determine if sanctions were warranted. Bradley's legal license was still active at the time and O'Sullivan was a prosecutor in the Bristol County DA's office. Disciplinary hearings were held in April of this year, 2024, but any penalties have yet to be decided. At the time of this episode's original recording, Francis Choi settled a wrongful incarceration case with the City of Brockton and was awarded $3.75 million earlier this year. She reportedly lives with family and has a job and is working on rebuilding her life. She told the Boston College Law magazine, quote, I want to thank my attorneys, my family and my friends for always believing in my innocence. It has been a tough and long journey, but their support helped me stay strong and never give up hope. Nothing can erase the pain of losing my parents and how they suffered. I miss them every day. Even in prison I tried to live my life in a way that honored them. I'm relieved that the truth has been revealed and to have my life back beyond prison walls. As for Kenneth Choi, he cannot be retried for any crimes relating to the deaths of his grandparents. Since he left for Hong Kong just days before he was set to testify in Frances third trial, there has been no sign of his return to the United States. It seems he has vanished, evading justice for his suspected role in the fire that claimed the lives of Ann and Jimmy Choi. Foreign thank you for listening to Dark Down East. You can find all source material for this case@darkdowneast.com Be sure to follow the show on Instagram arkdowneast. This platform is for the families and friends who have lost their loved ones and for those who are still searching for answers. I'm not about to let those names or their stories get lost with time. I'm Kylie Lowe and this is Dark Down East. Dark down east is a production of Kylie Media and Audio. Chuck so what do you think Chuck? Do you approve?
- [51:21]
Flip
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Flip
So now Flip spends her time lounging on the beach, swimming in the lagoon, and eating.
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Ashley Flowers
The only thing more impressive than my appetite are all the dining options.
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Yeah.
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Flip
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