The San Matean

Issue date: 4/16/07 Section: News

Media Credit: Helen Albinder and Vadim Kozyrkov Boris Albinder

Media Credit: Mike Siv Pounleou Chea

Seven months after the slaying of Skyline student Boris Albinder, the court gears up for the case's first evidentiary hearing.

The next court day is a preliminary hearing set for April 27, said Jeff Adachi, San Francisco public defender. "It will be the first time we'll have a chance to challenge the evidence."

Adachi represents suspect Pounloeu Chea, 25, of San Francisco. Police arrested Chea last September, when Albinder, 19, of Pacifica, was stabbed to death in a fight over a parking spot. Police arrested a second suspect, Sarith Soun, 25, of San Francisco, in December.

Soun is held in police custody on $2 million bail, while Chea is held on $1 million bail, said Susan Fahey, San Francisco Sheriff's Department public information officer. The suspects each faced two charges of assault and one of murder until the court upgraded their charges in a March 8 hearing.

"I requested amendments to the allegations against Soun and Chea, which the judge granted," said San Francisco assistant district attorney Harry Dorfman. They face a new charge of being active participants in a criminal street gang.

We also increased the severity of the existing murder and assault charges, Dorfman said. "An enhancement of allegations. That each was done for a gang activity."

Furthermore, the judge granted Dorfman's motion to consolidate the cases of the two defendants into one proceeding.

The March hearing was Dorfman's first court day on this case. San Francisco assistant district attorney George Butterworth was formerly in charge of prosecution but passed that responsibility to Dorfman.

The first evidentiary hearing was originally set for March 21, but Soun's attorney objected because he wanted more time to prepare, said Adachi. "The hearing was discontinued." Soun's attorney, Chris Martin, could not be reached for comment.

Police arrested Soun from his home on the 1200 block of 32nd Avenue in San Francisco three months after Albinder's stabbing. Until Soun's arrest, Chea had been the only one held responsible for the fight and slaying, even though the fight had involved a van full of people.

"I'm glad there are now two people," said Boris Albinder's mother, Helen Albinder, when asked about the second arrest. "We feel a little better."

However, Mrs. Albinder is disappointed about how little information her family receives about the case's progress. "Nobody discloses any information," she said. "The police department. They don't disclose."

Sgt. Inspector Lea Militello of the San Francisco Police Department (SFPD) is in charge of the police investigation. She is sorry she cannot provide more detail on the case. "We have an edict in the office that doesn't let us talk to the media," she said.Only the district attorney's office may disclose detailed information on the case, said Sgt. Steve Mannina, SFPD public information officer.

"There is a witness who has come forward identifying Soun as being involved in the fight," said Dorfman. "There's some information available that could link Mr. Soun to the stabbing directly. We haven't had hearings in court where this information has been made public record."

The murder occurred Sept. 16 on the 3900 block of Geary Street in San Francisco.

Mr. Albinder's friend, Igor Litvak was standing in a parking space to save it.

Chea allegedly drove a van into the spot to try to take it, said Mannina.

"He drove his car at Igor Litvak and struck him," said Dorfman.

Litvak still refused to give up the space, so several men exited the van and attacked him. Soun and Chea were allegedly among the assailants. Mr. Albinder arrived and joined the fight to help Litvak, but was stabbed in the process.

Soun and Chea each face two assault charges, one for assaulting Mr. Albinder, and a second for assaulting Litvak.

Soun's charge of assault on Mr. Albinder might be increased to two charges, one for assault with fists, and another for assault with a knife, said Dorfman.

The court has not determined if Chea will face two separate charges for assaulting Litvak using the van and for assaulting him outside the van.

Skyline College established a scholarship in honor of Boris Albinder, said Christine Case, Skyline College biology professor. Mr. Albinder was a student of Case, as well as her lab assistant.

The Boris Albinder Memorial Scholarship is a $1000 scholarship for continuing Skyline students. Students are considered for eligibility for this and many other scholarships when they apply for the Skyline College Scholarship.

Friends of Mr. Albinder created the Boris Albinder Memorial Fund, a scholarship for high school and college students. The scholarship is administered through Jewish Family and Children's Services (JFCS).

"He was so young," said Eric Singer, JFCS Financial Aid Center director. "An awful way to die."

I think if this fund could help some other people, Boris Albinder would appreciate it, Singer said. JFCS has many scholarships, most of which are exclusive to Jewish students.

However high school and college students of any background may qualify for aid from the Boris Albinder Memorial Fund.

The fund gives priority aid to high school athletes in honor of Boris Albinder's achievements in high school water polo and swimming at St. Ignatius College Preparatory.

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