"Shall Be Punished by Death": The Jury's Verdict for Charles Ng, AP Footage, 1999

Name: "Shall Be Punished by Death": The Jury's Verdict for Charles Ng, AP Footage, 1999
Uploaded: 2017-07-25T00:00:00Z
Duration: 1 min 37 s
Description: AP footage of the moment the jury's penalty verdict for Charles Ng was read in Santa Ana in May 1999, with the father of victim Scott Stapley and Ng's defense attorney speaking afterward. Ng does not speak.

AP footage of the moment the jury's penalty verdict for Charles Ng was read in Santa Ana in May 1999, with the father of victim Scott Stapley and Ng's defense attorney speaking afterward. Ng does not speak.

Subject: Charles Chitat Ng
Recorded: about May 3, 1999
Runtime: 1:37

Content warning: Concerns the murders of eleven people, among them two young children; no graphic detail is spoken in the video.

The Recording

This is a 97-second Associated Press news item from May 1999, posted by AP on its own archive channel. It opens in Orange County Superior Court in Santa Ana, California, as the court clerk reads the jury's verdict in the penalty phase of Charles Ng's trial: "We, the jury, in the above-entitled case, find that defendant Charles Chitat Ng shall be punished by death." Outside court, Dwight Stapley, whose son Scott was one of the victims, and William G. Kelley, Ng's defense attorney, speak briefly to reporters. The item has no narration, only the sound recorded at the scene. Ng himself is not heard; AP's notes on the footage record that he "showed no emotion when the death penalty was given."

Historical Context

Charles Ng, a former U.S. Marine born in Hong Kong, and his friend Leonard Lake killed a series of men, women and children at a cabin in Wilseyville in Calaveras County, California, in the mid-1980s. The case came to light in June 1985, when Ng was seen stealing a vise from a lumber store in South San Francisco and Lake was arrested. Lake killed himself in custody, and Ng fled to Canada, where he was arrested in Calgary in July 1985. He was extradited to the United States in 1991. His trial was moved to Orange County, and on February 24, 1999, he was convicted of eleven counts of first-degree murder.

Circumstances of the Recording

The penalty phase began on March 8, 1999. According to AP, the jury deliberated for 15 hours before reaching its verdict. The California Supreme Court's 2022 opinion in the case records that on Monday, May 3, the court held a closed hearing about a telephone call to one of the jurors from a caller who said he was Ng, and that the jury reached its verdict shortly afterward. AP described the case as one of the longest and costliest homicide prosecutions in California history. Victims' relatives were in court for the verdict.

What the Recording Covers

The clerk reads the verdict that Ng "shall be punished by death." Outside, Dwight Stapley says he feels "absolutely ecstatic," that after "14 years and two weeks" the case has finally come to a conclusion, and that it is now for the judge to "do his piece." Kelley says he thinks Ng is "probably resigned" and that the defense does not expect Judge John J. Ryan to overturn the jury's verdict. A short remark addressed to the assembled media, by a speaker not identified, comes between the two.

What Makes the Recording Significant

The footage preserves the moment the jury's decision was announced, the turning point of a prosecution that had lasted fourteen years, together with the immediate reaction of a victim's father and of the defense. It is not a recording of Ng, who says nothing in the footage.

Archival Importance

The Lake and Ng case is one of the best-documented serial murder cases in California. This item and AP's report on the formal sentencing on June 30, 1999 together record the two court days that ended the trial.

Important Caveats

Charles Ng does not speak in this video. The names of Dwight Stapley and William G. Kelley are not spoken; they come from AP's on-screen captions. Under California law the jury's verdict of death was followed by the judge's ruling on modification and formal sentence (June 30, 1999), so this is the verdict, not the sentencing. AP's story is dated May 4, 1999; the verdict was read on Monday, May 3. The People v. Ng opinion of 2022 gives April 30, 1999, in its summary, but its own detailed account places the verdict on May 3, as AP does.

Court Clerk: We, the jury, in the above-entitled case, find that defendant Charles Chitat Ng shall be punished by death. [00:16 to 00:33: no words in Whisper or the original captions. The "en" caption track has a line here ("I swear to God, the defendant realized at the last minute that it was all over. I saw your face"), possibly background speech in the courtroom or corridor; not confirmed, speaker not identified.]

Dwight Stapley: I feel absolutely ecstatic because it happened. After 14 years and two weeks, it's finally come to a conclusion. Let the judge do his piece, and then we're there.

Unidentified Speaker: So it's up to you. I know there's a lot of representatives of various media organizations here.

William G. Kelley: I think he's just probably resigned to, you know, he, I mean, we don't expect Judge Ryan to overturn the jury's verdict. [01:24 to 01:37: no speech in either machine source; clip ends.] ---