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Wrong Twin Charged With San Jose Murder, Prosecutor Say
San Francisco Chronicle ^

Posted on 02/06/2014 10:04:42 AM PST by nickcarraway

Santa Clara County prosecutors dropped a murder charge Wednesday against a teenager and instead accused his twin brother of the crime.

Duc Tong, 18, had initially been charged with murder in the stabbing death of San Jose State University student Richard Phan, 22, during a birthday party in the city's Piedmont Hills neighborhood.

But at a hearing Wednesday, Deputy District Attorney Dan Fehderau said he was dropping the murder case against Duc Tong and instead charging Anh Tong with murder and an enhancement for allegedly using a knife.

SNIP

San Jose police have said the two brothers are identical, but Fehderau said he believed they were fraternal twins.

SNIP

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Extended News; US: California
KEYWORDS:

1 posted on 02/06/2014 10:04:42 AM PST by nickcarraway
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To: nickcarraway

A pair of tongs. Got some in a kitchen drawer.


2 posted on 02/06/2014 10:09:01 AM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: nickcarraway

Blaming your evil twin only works on soap operas.


3 posted on 02/06/2014 10:10:38 AM PST by Slyfox (We want our pre-existing HEALTH INSURANCE back!)
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To: nickcarraway

I always wondered: if the only evidence prosecutors have for the identity of a murderer is DNA, and the DNA is linked to a man with an identical twin, would he get off? I mean, if there are no witnesses, both guys have no alibi, and there is no other physical evidence that could say which twin committed the crime. Wouldn’t they have to let them go, based on reasonable doubt?


4 posted on 02/06/2014 10:16:54 AM PST by Boogieman
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To: nickcarraway

They don’t look identical


5 posted on 02/06/2014 10:18:33 AM PST by Nifster
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To: Slyfox

And on Criminal Minds.


6 posted on 02/06/2014 10:19:11 AM PST by b4its2late (A Progressive is a person who will give away everything he doesn't own.)
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To: Boogieman

I assume they would.


7 posted on 02/06/2014 10:19:40 AM PST by nickcarraway
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To: Slyfox
Blaming your evil twin only works on soap operas.

Not necessarily.

I know I've mentioned this before, the last time I served on a jury we got talking to the bailiff and he mentioned another trial he has helping with in the same building.

It was a rape case. The prosecution had DNA evidence. The defendant kept blaming his twin brother.

It was his third trial.

8 posted on 02/06/2014 10:20:55 AM PST by MAexile (Bats left, votes right)
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To: Boogieman

several movies have been made on the subject...I believe one was based on facts with Jeremy Irons as the lead

IF the twins are identical the DNA would be like wise identical. The catch is that the finger prints would most likely be different since scars and callouses are not identically obtained.

Catch on this case is while the boys may be twins they are most definitely NOT identical


9 posted on 02/06/2014 10:22:10 AM PST by Nifster
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To: Boogieman

If they are fraternal twins.. don’t they have different DNA?


10 posted on 02/06/2014 10:26:12 AM PST by momtothree
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To: Slyfox

This was also a vastly entertaining episode of Columbo guest starring Martin Landau as the twins. Well worth watching if you have Netflix.


11 posted on 02/06/2014 10:28:58 AM PST by Eepsy
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To: nickcarraway
Pretty easy mistake for Deputy District Attorney Dan Fehderau to make since they look alike to him.
12 posted on 02/06/2014 10:36:41 AM PST by Tupelo (I am feeling more like Philip Nolan every day)
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To: momtothree

Yes, if they are fraternal, the DNA would be different.


13 posted on 02/06/2014 11:02:27 AM PST by Boogieman
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To: MAexile

I read about a case like that, where the innocent brother was actually arrested several times, but luckily, he had alibis and was able to point the police to his twin as the likely suspect.


14 posted on 02/06/2014 11:09:25 AM PST by Boogieman
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To: nickcarraway
San Jose police have said the two brothers are identical, but Fehderau said he believed they were fraternal twins. He declined to say what had led to the switched charges.

. I'm inclined to believe that these two looked enough alike that everyone thought they were identical twins, but now that the DNA testing is back the prosecutor knows they aren't.

15 posted on 02/06/2014 11:10:32 AM PST by Valpal1 (If the police can t solve a problem with violence, they ll find a way to fix it with brute force)
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To: Nifster
"They don’t look identical"

From the way they both look, I'll bet their Vietnamese immigrant parents are extremely proud of their little thugs.

16 posted on 02/06/2014 12:05:24 PM PST by mikey_hates_everything
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To: Dr. Bogus Pachysandra

Also two tongs don’t make a right.


17 posted on 02/06/2014 12:20:02 PM PST by prof.h.mandingo (Buck v. Bell (1927) An idea whose time has come (for extreme liberalism))
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To: nickcarraway

We must need better police. $250K per year for a police sergeant is apparently just not enough.


18 posted on 02/06/2014 12:39:41 PM PST by Carry_Okie (0-Care IS Medicaid; they'll pull a sheet over your head and take everything you own to pay for it.)
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To: Boogieman

Absolutely...but only identical twins.


19 posted on 02/06/2014 12:46:46 PM PST by Kackikat
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To: MAexile

http://scienceline.ucsb.edu/getkey.php?key=244

Identical twins have same dna, fraternals do not...however there are factors that can distinquish between two, if known.


20 posted on 02/06/2014 12:51:55 PM PST by Kackikat
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To: mikey_hates_everything

Depends. San Jose has a large number of very hard working ‘boat’ people from Viet Nam. Most of them would be appalled. These guys are at least the next generation or even later.... they are definitely thugs


21 posted on 02/06/2014 1:06:56 PM PST by Nifster
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To: Nifster

They clearly aren’t. Making this case weirder.


22 posted on 02/06/2014 3:14:48 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Carry_Okie

$250k? Where did you get that number?


23 posted on 02/06/2014 3:25:21 PM PST by nickcarraway
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To: nickcarraway
$250k? Where did you get that number?

From the Mercury News. For example, there's a Sergeant John Seaman who drags in over $400K in total compensation. Or David DuLong who pulls down $308K.

24 posted on 02/06/2014 3:33:25 PM PST by Carry_Okie (0-Care IS Medicaid; they'll pull a sheet over your head and take everything you own to pay for it.)
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To: Carry_Okie

Wow. I know people who approach being worth that much who don’t get near that much. Are these salaries “necessary” because other municipalities would hire them away for similar amounts?


25 posted on 02/06/2014 3:50:21 PM PST by nickcarraway
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To: Impy

indeed


26 posted on 02/06/2014 8:13:56 PM PST by Nifster
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