On October 4, 2023, Dung Tu, an X-Ray Technologist for Alameda County Health System was arrested and charged with felony sexual battery due to false allegations filed by a patient over a year ago. On September 28, 2022, the patient came into San Leandro Hospital for x-rays and on the following day September 29, 2022, contacted the San Leandro Police requesting to file a police report. The patient claimed that Dung Tu touched her breast and tapped his fingers up her legs and outer vagina vulva area.

Alameda County Health Systems investigated the allegations and concluded it was unsubstantiated. The doctor who was with the patient before and after the x-rays does not recall the patient appearing upset or agitated after the x-rays, nor did the patient make any complaints in the moment to the hospital. Instead, the patient waited until the next day to contact the police and stated that she needed a police report to contact an attorney.

Almost one year later, on August 4, 2023, the patient’s civil attorney threatened to sue Dung Tu for monetary damages. The accusations the patient made are false and were most likely done for financial reasons. She has a history of filing multiple lawsuits for claims of wrongful termination, racial discrimination, retaliation, and intentional infliction of emotional distress in the workplace. She has also filed for Chapter 13 bankruptcy in the past.

Furthermore, the patient made statements during the investigation that she is not familiar with the criminal justice process, which is false as she was previously convicted of wet-reckless DUI charges. Her husband was also convicted of attempted first-degree murder. Given her history, the allegations she made against Dung Tu are false and unbelievable.

During the past one and half months Dung Tu and his lawyer have received hundreds of letters sharing stories of his character.

 

Excerpt from one of the hundreds of testimonials provided:

“Dung is kind, loving, generous, considerate, helpful, thoughtful, nurturing, and shows great empathy for others. He is the first to perceive the needs of others and the first to give assistance. He is an incredible father to his three children and a loving husband to Jennifer, his wife.

When Dung told me that he had been arrested for sexual battery, I found it extremely difficult to process what I was being told. It would have been easier for me to accept that my dog could fly. Dung is the last person on earth that could do this. He is always helping others. I have never seen him put himself first. I have never seen him do a mean, hateful, inconsiderate, or cruel thing in his life. He seeks to make things better for everyone around him. He could never intentionally harm anyone. The world is a much better place because of Dung.

For these reasons, I request that the felony sexual battery case 23-CR-0097 61 against Mr. Tu be dropped as it is definitely against his character to have committed this act.”

 -Virginia Bale, Dung’s middle and high teacher.

 

In summary, the charges against Dung are inconsistent with his character. Hundreds of people attest to Dung’s innocence and have never observed any traits that would lead one to believe he is capable of committing such a deed. He is someone who would encounter an adverse situation and still be able to empathize with the person who is doing him harm. He is a caring husband, father, brother, son, grandson, cousin, co-worker, and friend. Those who are associated with Dung feel lucky to have met him. Dung is intelligent and knows that performing such negligent acts would alter the trajectory of his life. He is a family man and as a father and husband, Dung would never do this.

Please choose to be on the right side of history by signing this petition requesting justice for Dung and have Alameda County District Attorney Pamela Y. Price drop all criminal charges and dismiss Dung’s case before going to trial.

Kindly share this petition with your loved ones. Let us remember that he is “innocent until proven guilty” and the unsubstantiated allegations and presumed guilt without a fair hearing will have lasting effects on Dung’s and his family’s lives. Regardless of the outcome, please continue supporting Dung for all that he has endured so far.

 

Thank you!