Ex-Lovers in Restaurant Arson Trial Tell Court Their Sides of the Story

He did it because she jilted him, she contends.

He helped her because of her “charms” and regrets having done it, he says.

Each of the former lovers had a chance Wednesday to persuade federal jurors, who are hearing testimony in the arson, conspiracy and mail fraud trial against Nga Tuyet Nguyen, owner of a Stanton restaurant that was destroyed in an arson fire last January.

Federal prosecutors allege that Nguyen set the fire to collect insurance on her money-losing Au Bon Temps restaurant, situated in a shopping center. Diep Lam Harris, Nguyen’s former lover, admits to having helped set the blaze and is the government’s star witness.

Harris, speaking through an interpreter, told jurors in the Los Angeles courtroom of U.S. District Judge Robert Kelleher that he and Nguyen went to the business at 7147 Katella Ave. early on the morning of Jan. 13, 1987. He testified that Nguyen provided gasoline and gloves for Harris to use in setting the fire. He poured about five gallons of gasoline from two cans on the floor, lit it, and left, he said. As they headed for the car, he said, there was an explosion.

Workers at a nearby Japanese restaurant who heard the noise noted the license number of a car they saw driving away. Police said the car was registered in Harris’ name.

Harris pleaded guilty to a single conspiracy count last Jan. 31. He said Wednesday that he hopes he will not have to serve time in prison.

“I admit I made a big mistake,” Harris told the jury. “I want to become a good citizen, as I used to be.”

Nguyen testified Wednesday that she had nothing to do with the crime. Her attorney, federal Public Defender Harriet Hawkins, said that Nguyen and Harris began an affair several months before the fire and that when Nguyen discovered Harris had kept his marriage secret, she dropped him--providing revenge as a motive for the arson.

Nguyen opened the restaurant in April, 1986, after obtaining a $100,000 loan from the federal Small Business Administration. A loan officer testified that she made no payments on the loan and that she repeatedly requested--and received--deferrals based on economic hardship.

Nguyen, however sharply disputed government evidence that her business was failing and disagreed that it was running as much as $6,000 a month in the red.

“A loss is usual in the first two years of operation,” she testified.

The government contends that Nguyen submitted a $153,000 insurance claim after the fire. Hawkins said only $70,000 was paid on the loss and that the entire amount went to the Small Business Administration as Nguyen’s creditor.

When authorities found Harris from the license number, he quickly agreed to cooperate.

Earlier Wednesday, Assistant U.S. Atty. Kendra S. McNally played a tape recording of a conversation between Nguyen and Harris the day after the fire. Nguyen did not know their conversation was being recorded. In it, she repeatedly refers to Harris as stupid and incompetent, and she belittles his repeatedly stated worries about being caught. She tells him to stick to a tale that his car had been stolen beforehand, then dropped off near his home.

“I regret the whole thing, but we have to save ourselves,” Nguyen says on the tape.

“Who is going to save me?” Harris says.

“My God! Don’t you trust me?” Nguyen says. “Stay calm; listen to me; stick to your story. Somebody stole your car and committed the crime, OK?”

Harris faces a maximum of five years in prison. Nguyen, if convicted, could be sentenced to 20 years in prison and fined $750,000.