In 1996, Mr. Yang-Hao Lu was convicted of three counts of kidnapping and sentenced to 75 years to life in prison.

At the time of his trial, Mr. Lu faced significant language barriers and had a limited understanding of the criminal justice system, including the implications of plea agreements. Concerns have also been raised regarding the timeliness of his appellate representation. As a result, Mr. Lu received the maximum sentence.

In 2021, the START (Survivors of Trafficking Attaining Relief Together) Act was signed into law. The Act allows trafficked individuals to seek relief when their participation in criminal offenses was a direct result of being victims of sex or labor trafficking under New York law, or as defined by federal law. (https://nyscasa.org/files/wp-content/uploads/2022/02/service-provider-advisory-on-the-start-act.pdf

Mr. Lu now respectfully seeks relief under this Act.

Mr. Lu’s Traumatic Life Marked by Human Trafficking

Mr. Lu was approximately 14 years old when he was smuggled into the United States. His journey lasted nearly two years, and during that time, he was trafficked through Myanmar and Thailand, and was subjected to severe abuses.

Upon arrival in the United States, he was sold for $31,000 to a distant relative who owned a Chinese restaurant in New York to repay the smuggling debt. He was forced into years of unpaid labor under coercive and abusive conditions, working approximately 14 hours per day, and seven days a week. He endured continuous verbal insults, physical abuses, and threats against his life with complete isolation. 

After escaping years of mistreatment, Mr. Lu found himself alone, with no education, no family or friends, no money, nor a place to stay. In desperation and for survival, he joined a gang in Chinatown for protection, but ultimately, the gang leader manipulated and coerced him into unlawful acts and criminal activities, including the kidnapping for which he was convicted.

Mr. Lu acknowledges his wrongdoing and has expressed deep remorse for the harm he caused to innocent people. However, his offenses occurred within the context of severe trauma, exploitation, and survival as a victim of human trafficking.

Nearly 30 Years of Accountability and the Path to Transformation

Mr. Lu has now been incarcerated for nearly 30 years.

In 1997, while in prison, he became a Christian. Since then, volunteers, chaplains, and Bible teachers from the New York Chinese Prison Ministry (NYCPM) have witnessed his consistent transformation.

NYCPM is a volunteer-based Christian ministry that has served incarcerated Chinese individuals across nine New York State prisons for more than 25 years. In fact, the ministry began in 1999 after Mr. Lu reached out seeking spiritual guidance and discipleship.

Those who have known Mr. Lu for decades testify to his genuine remorse, spiritual growth, accountability, and commitment to personal transformation. He has paid a heavy price for his crimes and has demonstrated sustained rehabilitation.

Today, Mr. Lu’s only wish is to be deported to China and to reunite with his family after nearly four decades of separation. His elderly, widowed father lives alone and struggles with declining health. Mr. Lu longs to care for his father and to fulfill his filial responsibility as a son.

Our Respectful Plea

We respectfully ask the Honorable Judge D’Emic and the Brooklyn District Attorney’s Office to consider Mr. Lu’s START Act motion in light of:

• His victimization started as a trafficked minor
• The coercive and exploitive circumstances surrounding his offenses
• Nearly 30 years of incarceration
• Clear evidence of remorse and rehabilitation

Justice is not weakened by mercy when mercy is grounded in truth, accountability, and transformation.

We humbly request that Mr. Lu be granted relief consistent with the intent of the START Act and be permitted to return to China to reunite with his family.

With respect and gratitude,

The New York Chinese Prison Ministry

 

Links for more information: 

NYCPM: History and Mission

https://drive.google.com/file/d/1yX2BU5ZOwpAyzmm9vqxsSkrf66UzPKDj/view?usp=drive_link

Lu’s Testimony published in CCHC Monthly

https://drive.google.com/file/d/1wOZC65ImSgrFUizzf9qJbaOwudducJ_V/view?usp=drive_link