Tran’s Guilty Verdict Upheld

A state appeals court this week upheld the conviction of the man who sparked 1999’s massive anti-Communist demonstrations in Little Saigon, clearing the way for the video store owner to serve out his three-month sentence for video piracy.

Truong Van Tran, whose display of Communist icons prompted the protests and ultimately drew attention to his video counterfeiting, had asked the justices to throw out the conviction.

Tran’s attorneys had argued that his copying and labeling of thousands of videotapes was not illegal and in fact was common practice among Vietnamese video stores. But the 4th District Court of Appeal, in a 12-page ruling, disagreed.

“His contention was that he had permission to duplicate [the tapes] and that . . . Vietnamese [merchants] ordinarily duplicate tapes,” said Carl Horst, the supervising deputy attorney general, whose office represented the state. “He thought it was enough to avoid the law. He was wrong.”

Tran’s attorneys, who could not be reached for comment Friday, have several weeks to decide whether to bring the case to the California Supreme Court for review.

In 1999, a Superior Court judge found Tran guilty and sentenced him to 90 days in jail. Additionally, Tran was ordered to serve three years of probation, complete 80 days of community service, donate his 147 VCRs to charity and destroy the counterfeit tapes, which numbered more than 17,000.

The judge agreed to stay Tran’s jail sentence during the appeal, provided that he followed the terms of his probation.

Tran and his lawyer have said they regarded the charges as a ploy by Westminster officials to end 53 days of noisy protests that cost the city more than $750,000 in police services.

Tran, 39, garnered worldwide attention when he posted a picture of Ho Chi Minh and a flag of the current Vietnamese government in his video shop.

His action ignited passionate demonstrations from thousands of Vietnamese emigres who consider the Communist symbols offensive.

Tran has defended his action by saying that he wanted to prompt dialogue in a community that has never accepted dissent on the issue of normalizing relations with Vietnam.