In the Suffolk County Superior Court, Commonwealth of Massachusetts
At approximately 9:00 p.m. on April 8, 1988 Thanh Lam, a Vietnamese adult male who resides in Dorchester, traveled by car to 998 Dorchester Avenue, Dorchester, Massachusetts. At 998 Dorchester Avenue, Thanh Lam left his car carrying two cases of beer. As he crossed the sidewalk, Mark Wahlberg attacked Thanh Lam. Wahlberg was carrying a large wooden stick, approximately five feet long and two to three inches in diameter. Wahlberg approached Thanh Lam calling him a "Vietnam fucking shit," then hit him over the head with the stick. Thanh Lam was knocked to the ground unconscious. Th[e] stick broke in two and was later recovered from the scene. Thanh Lam was treated overnight at Boston City Hospital.
After police arrested Wahlberg later on the night of April 8, 1988, Wahlberg was informed of his rights and returned to the scene of 998 Dorchester Avenue. In the presence of two police officers, he stated: "You don't have to let him identify me, I'll tell you now that's the mother-fucker who's head I split open," or words to that effect.
As a police officer arrived at the scene of 998 Dorchester Avenue, Wahlberg and two other youths who were with him fled up Dorchester Avenue toward Pearl Street.
Shortly after 9:00 p.m. on April 8, 1988, Hoa Trinh, an adult Vietnamese male who resides in Dorchester, was standing several blocks away from 998 Dorchester Avenue, near the corner of Dorchester Avenue and Pearl Street. Hoa Trinh was not aware of the altercation outside of 998 Dorchester Avenue.
Wahlberg ran up to Hoa Trinh, put his arm around Hoa Trinh's shoulder, and said: "Police coming, police coming, let me hide." After a police cruiser passed, Wahlberg punched Trinh in the eye, causing him to fall to the ground.
Police arrived and Hoa Trinh identified Wahlberg as the person who punched him. Wahlberg was placed under arrest and read his rights. Thereafter he made numerous unsolicited racial statements about "gooks" and "slant-eyed gooks." After being returned to 998 Dorchester Avenue, Wahlberg identified Thanh Lam as the person he hit over the head with a stick.
Trinh lost one of his "slanted" eyes due to the attack. Wahlberg plead guilty to two counts of criminal contempt, was sentenced to two years imprisonment, and was released after 45 days. Although Wahlberg describes his incarceration as a "turning point" in his life, to this day he continues to deny that race played a role in either attack.