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Clackamas Co. woman jailed in case of mistaken identity

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by Mike Benner

Posted on November 13, 2009 at 7:02 AM

Updated Friday, Nov 13 at 8:15 AM

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A Clackamas County woman spent more than a day behind bars after authorities wrongfully arrested her for a crime she never committed.

  Kimberly Fossen, 30, is a mother of two and co-owner of Fuji’s Restaurant near the intersection of 122nd and Sunnyside. About five years ago, a woman by the name of Lien Huynh ripped off her identity and allegedly committed crimes nationwide. “She has warrants out for her arrest in Las Vegas for prostitution and in Florida for larceny,” said Samantha Dang, Fossen’s attorney.

In most of the cases, Huynh was released, but not before authorities fingerprinted her. She eventually made her way to New York, where Dang says she committed burglary and larceny. Detectives traced the DNA at the crime scene to the fake identity that Huynh had stolen -- the real Kimberly Fossen, who lives in Clackamas County. “When they were cuffing me it was the first time I had people looking at me and thinking they know what I'm about and they're judging me and I think that was the hardest part,” added Fossen.

It got even more humiliating when Fossen was led into court in shackles. Her parents, fiancé, and 9-year-old daughter watched from the courtroom. “My daughter's face was, oh my God, my Mom is crying and there's nothing you can do, you're helpless, nothing you say matters,” said Fossen.

Fossen spent 31 hours in jail before she got the news she was hoping for and knew the entire time; authorities had the wrong person. It was really Lien Huynh they were looking for. Fossen got to go home. “Even though I was home, every noise, are they coming back for me, it's a traumatizing ordeal,” added Fossen.

Fossen says it is an ordeal that can happen to anybody at anytime. “We do all the things we do everyday right so we don't have to go to jail and I wouldn't wish this on anybody because it's not fair, it's unfair,” she said.

Fossen’s attorney says Lien Huynh is still at large.

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separac said on November 13, 2009 at 12:28 AM

Disgusting. One of many reasons never to trust police or law enforcement officials. They are out to get you, whether you are guilty of anything or not, and will use the power of the state to enforce their will.

corporatemom said on November 13, 2009 at 7:54 AM

So separac - let's not trust police who do their job correctly 99% of the time?????

shallowend said on November 13, 2009 at 8:29 AM

This isn't a police problem, it a technology problem. Identity theft will soon be the most common crime in America. I'm surprised that it took this long for a criminal use of an identity to result in the arrest of an innocent person. Guard your identity (check your credit info annually), avoid any of the gimmick schemes (lifelock), shred your bills to be safe. I've sent registered letters indicating that none of the credit bureaus has my permission to release ANY information in the absence of an explicit written request including a certain passage of a poem (signature is insufficient). This has resulted in six attempts to get credit cards issued in my name being rejected (the perps are now in jail in NY).

sru1888 said on November 13, 2009 at 8:36 AM

I would be suing for defamation. That is some BS. How they missed the fact that the identity being stolen was an issue in the past is beyond me.

blumpkin said on November 13, 2009 at 8:50 AM

This case IS a Police problem, 2 other states contacted Kim via phone and did a REAL investigation. How is it that Florida and Nevada knew what was going on but New York and Oregon could not?? And if you think the cops get it right 99% of the time you better check your stats. Cops are human and make mistakes, but don't tell big bad Clackamas county how to do their job. You are guilty until proven innocent.

piboy said on November 13, 2009 at 9:04 AM

They may have tazed her first if it were the Portland police department. Until they can be held libel for the wrongs they commit instead of hiding behind a union. We will never be treated as Citizens!

veganpeace said on November 13, 2009 at 9:14 AM

This entire case of injustice is simply another example of racial profiling by the Neo-KKKon law enforcement agents who continue to receive their daily marching orders from Bush/Cheney/Reagan and Clint Eastwood. We in the Prog/Green/Red/Statist/Vegan communes of Oregon offer solidarity to this victimized woman and are positive that the ACLU and the UN are already in the process of filing tort claims against the Clackamas County "peace officers" for violation of the Treaty of Paris, the UN Charter and the Geneva Convention. Veganpeace( formerly Straightshooter)

rejco100 said on November 13, 2009 at 9:31 AM

95% of you folks would have already started the lethal drip in her arm!

nielg said on November 13, 2009 at 11:16 AM

shes lucky the portland cops didnt find her first they would killed her and then held a investigation lasts for three or four years

ciicfi said on November 13, 2009 at 11:21 AM

Time to sue them for that. another srew up by the cops

separac said on November 13, 2009 at 11:31 AM

The question is, did the cops here even do BASIC background research to make sure that the target of their arrest was the correct person? Sadly, the answer is "absolutely not; not even close." People criticize urban communities for maintaining "walls of silence" and "stop snitching" policies. And these do indeed have drawbacks. But when you look at cases like this... it is easy to understand WHY those cultural reactions developed, and the purposes they serve.

topazgirl said on November 13, 2009 at 11:33 AM

CorporateMom: I am still trying to contact the "powers that be" at KGW to find out how we can keep contact with "our friend"...It seems the "profiles" are gone; at least for now. I PROMISE I will follow-up, and will try to be back on the site with info for you in a few hours...Topaz

risa77 said on November 13, 2009 at 11:40 AM

This is only one of the many devastating ordeals with identity theft. Because this other person stole the victim's identity, the victim was, unfortunately, arrested. Thank God for fingerprints. She should also be able to file an identity theft packet with her local law enforcement agency.

topazgirl said on November 13, 2009 at 11:47 AM

Veganpeace!! HUNEE!! So glad I have not lost you!! Please DO NOT get lost like everyone else...Continue to impart your wisdom and activism...and continue to BRIGHTEN my days!!! Topaz <3<3

veganpeace said on November 13, 2009 at 12:08 PM

Topaz-girl: I would never abandon you! The movement needs all the support and involvement possible

risa77 said on November 13, 2009 at 1:16 PM

This is one of the devastating effects of identity theft. It can at times go on for years. At least there were fingerprints of the real suspect on file that were cross-referenced. And it does take longer to get them back than what is depicted on CSI and similar shows. The victim here should file an identity theft packet with her local police department so that if she does get stopped again (or the suspect does) a secret password will clear the victim and get the suspect arrested.

topazgirl said on November 13, 2009 at 2:33 PM

CorporateMom, Veganpeace and Last Boy Scout:......Until we get our "Profiles" back up, (which Frank assures me we will get...just doesn't know when...) you can reach me at: topazgirl4friends@gmail.com. I will explain what I know. I don't want to lose you guys!! You have EACH become dear to me for many different reasons...See ya soon there, I hope! At least leave me a note to say if you got this... Luv ya'll <3<3.....Top'g

luv4parrots said on November 13, 2009 at 4:45 PM

I've had my identity stolen. It's an awful thing to have happen. I was fortunate enough to not go through what she did, but I was harassed and verbally abused by creditors. I live in a small coastal area and I feel that the Seaside police dropped the ball on locating the person "Teresa Howe" . I actually had to have the police department contact the creditors to finally get the harassing phone calls to stop!

hankb said on November 13, 2009 at 5:09 PM

veganpeace- I, too, am glad to see that you and your enlightened words have resurfaced in this new format. And your new virtual moniker sounds so much more like the great causes The Movement seeks to promote (that 'shooter' part just sounded a bit right-wingish and scary...). Having said that, are we certain that this woman should not have been jailed? I mean, she DOES own a restaurant which more than likely serves non-vegan fare...

topazgirl said on November 13, 2009 at 8:16 PM

hankb:.....Glad you are here, too! Awwwww....now its feeling more like "home" again!...I agree, Vegan's name is much more apropos of his/her nature! Now, to the "woman of mistaken identity"....She may, indeed, be guilty of serving non-vegan food, but perhaps in lieu of jail time she could do community service, and open her restaurant to the homeless citizens of the city for free meals!! That would be much better!....(glad you're still here, hank!!!.....)....

veganpeace said on November 13, 2009 at 11:34 PM

To my comrades Topaz and Hank: After serious consideration and consultation with both my psychiatrist and the local high school grief counselors, I made the gut-wrenching decision to abandon the moniker of STRAIGHTSHOOTER for several of the reasons of mistaken Reich Wing linkage. In addition, the name could imply some affiliation with unconscionable weaponry not to mention the potential offensiveness to men and transgendered suffering from erectile dysfunction. As for the innocent Ms. Fossen's dietary offerings- naturally she needs to be informed of the cruelty she is inflicting on co-equals by having carnivorous fare. But this re-education can wait until the bruta Clackamas Co.l S.S.heriffs have stood before the World Court for their miscreant behaviors that naturally are ordered by the Bush junta.

topazgirl said on November 14, 2009 at 1:58 AM

Ms. Fossen is indeed fortunate to have one as enlightened and equitable as you advocating for, and concerned with her path to Gaian awareness...I am again humbled by your exhibition of patience and tolerance toward those of us wavering and tottering on our journey to attainment of the principles of Goddess! I bow in fealty and gratitude for your forbearance of our shortcomings, as well as those of some unfortunate men and transgendered! Your decision to change your name is but another example of your ongoing growth as a spiritual guru and inspirational leader in our universal quest for equality and harmony for all sentient (and not so sentient) beings living on the planet, and/or described in the DSM-4...Namaste my Sensei! ;D

smart1 said on November 14, 2009 at 12:17 PM

A mistake was made and I think the County should apoligize. That's that, no suit, no lawyers. Percautions should take place so it not to happen again.

hankb said on November 14, 2009 at 1:36 PM

smart1- You probably never thought that I would say this, but welcome back. I hope that you realize that this new, improved version of this website is due to the efforts of the Progressive/Red/Green Movement and the Stimulus Plan. You should probably also know that I partially agree with your statement that there not be a lawsuit. If Ms. Fossen does choose to pursue a case, I would hope that she would use any winnings (after paying her legal fees) to establish a fund that would provide a way for those who need false identification to obtain it without having to resort to borrowing that of someone else.

spewie said on November 15, 2009 at 7:56 AM

Everything is so 'white' here, maybe she should change the name from Fuji's to Joe's... Si Se Puede

topazgirl said on November 15, 2009 at 1:12 PM

Spewie:....Wha?!.....!!