January 25, 2012 Downtown Express

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downtown ®

VOLUME 24, NUMBER 36

DOWNTOWN’S HISTORY IN ART, PG. 12

express THE NEWSPAPER OF LOWER MANHATTAN

JANUARY 25-31, 2012

Angst over possible dismissal in Chen case

Downtown Express photo by Milo Hess

Monday was the beginning of the Chinese Lunar New Year. 2012 is the Year of the Dragon.

Pols push to make Lunar New Year official school holiday BY ZACH WILLIAMS If state legislators and other elected officials representing Lower Manhattan have their way, Chinese New Year will be a public school holiday next year. In a Jan. 20 letter, NYS Assembly-

member Grace Meng and NYS Senator Daniel Squadron urged Mayor Michael Bloomberg to establish the holiday in order to recognize the growing role of the Asian-American community in the city. Local school officials expressed

support by saying such recognition is due considering the historically low attendance levels on the holiday and the impact that has on state funding to

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BY ALINE REYNOLDS Community advocates and family members of U.S. Army Private Danny Chen are railing against a preliminary suggestion by the Army that Specialist Ryan Offutt’s manslaughter charge be dismissed. The Article 32 military hearing of Offutt, one of eight American soldiers who face criminal charges tied to Chen’s Oct. 3 death in Afghanistan, concluded on Monday, Jan. 23. The Army’s investigating officer proceeded to recommend forwarding all of Offutt’s charges, which range from negligent homicide to reckless endangerment to dereliction of duty, to a courtmartial, with one exception. “In this case, the investigating officer recommends that the involuntary manslaughter charge be dropped,” according to Amy Spokesperson George Wright. The recommendation, however, does not guarantee the dismissal of the charge, Wright said. “Under the Uniform Code of Military Justice,” he explained, “a

superior command could still send the charge to trial but could also follow the recommendation and dismiss the charge.” The multistep, multi-player procedure, Wright noted, is designed to protect the rights of the accused. This explanation was of little consolation to Chen’s family, friends, and OCA’s (Organization for Chinese Americans) New York chapter, a leading advocate in the Chen case. “It is not enough,” said Chen’s cousin, Banny Chen, on behalf of the soldier’s family. “Offutt and all the suspects should be tried on the maximum charges possible because of what they did to Danny. Elizabeth R. OuYang, president of OCA-NY, said the community is “extremely” disappointed that Offutt might not be tried for manslaughter, and continues to urge the Army to prosecute the suspects to the greatest extent possible. “There is a big difference between a three-year and a ten-year maximum prison sentence,” said OuYang.

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