Mother of Defendant in Tay Trial Extends Sympathy : Grief: Sook Kim prays for the murdered youth’s family, she says after bail hearing. But Linda Tay questions her sincerity.

After listening with a bowed head as lawyers argued over whether her son can get out of jail before his trial, the mother of a defendant in the murder of honor student Stuart Tay said Friday that she prays daily for the victim’s family and hopes to meet them some day to share their grief.

“We always say a prayer for the Tay family each day. I pray for the Tay family before I pray for (our own). Their prayers come first,” said Sook Kim of Fullerton, the mother of 17-year-old murder defendant Kirn Young Kim.

Her comments came outside a Santa Ana courtroom after the 4th District Court of Appeal heard arguments in a dispute over whether Kim can post $750,000 bail to secure his release from Orange County Juvenile Hall pending his trial on murder charges.

The appellate court could issue a ruling as early as next week.

The dispute rests on whether Kim is charged with a capital offense, which makes a defendant eligible for the death penalty.

Under state law, prosecutors are barred from seeking the death penalty against Kim because he is a juvenile. Defense attorney Allan H. Stokke argued that as a result, Kim is not charged with a capital crime but rather first-degree murder, and is eligible for bail.

Deputy Dist. Atty. Gregg L. Prickett, however, argued that Kim’s age is irrelevant and that the seriousness of the crime makes him ineligible for bail. Prosecutors are appealing a ruling by an Orange County Superior Court judge in April allowing Kim’s release on $750,000 bail.

“This is most definitely a capital offense,” Prickett said outside of court.

Kim, Abraham Acosta, 16, Robert Chien-nan Chan, 18, and Mun Bong Kang, 18, are charged with first-degree murder in the New Year’s Eve slaying of Stuart Tay. They are being tried as adults. A fifth defendant, Charles Bae Choe, 17, has already pleaded guilty and is expected to testify against the other defendants.

Authorities suspect that Tay planned a computer heist with the other teen-agers, but became a victim when Chan--the alleged mastermind--suspected Tay had lied to him about his name and was not fully committed to the planned robbery.

The legal issue is both a narrow and thorny one because there is no existing case law to address it, both attorneys said. Stokke predicted that regardless of the court’s ruling, one side or the other will appeal it to the state Supreme Court.

During the brief hearing, Sook Kim and her husband sat side by side, heads slightly bowed, as they listed to arguments that could decide whether they see their son again outside the confines of a jail before his trial. The mother has vowed that her son will not flee the area if he is released to her custody on bail pending his trial.

Trial is scheduled for Sept. 27, but is likely to be postponed.

Outside of court, Sook Kim said she is grief-stricken but knows that the Tay family also is suffering the loss of their son.

“I think about them all the time,” Sook Kim said.

Sook Kim said she has not contacted the Tays for fear of upsetting them, but she added that she would like to see them some day.

“I know I am feeling pain (but) probably (Tay’s mother) is feeling more pain than I do,” Sook Kim said.

But Linda Tay, the victim’s mother, questioned Sook Kim’s sincerity. She said in an interview that whether she meets with the Kim family “depends on whether she is still saying her son is innocent. If he is innocent, why the heck does she want to talk to me?”