Deceased/Not Found IL - Yingying Zhang, 26, Urbana, 9 June 2017 #10 *Still Missing*

[kittythehare]

I hate that I was right. No consensus and some of these jurors bought hook line and sinker into the Brendty pity party (although they don't want to show their face).

LWOP it is.

That is not what the post of tweets from Ben says.

 

[dm92]

aaron Eades
The jury is still deliberating, but court (without them) reconvenes for a bit because of more confusion over their instructions

They ask the judge what their assessment of the mitigating factors can be used for, writing "i.e. appeals" on a note to the judge
@

he note was signed by a juror other than the foreperson. The judge amd both legal teams hash out a response:


"You should not consider any potential appeal or proceeding other than the sentencing matter before you in this case. As part of the instructions, you were asked, but not required, to report the total number of jurors...
...(influenced by a mitigating factor based on a preponderance of the evidence)."



Asst. Federal Defender Elisabeth Pollock was concerned the jurors were thinking about either an appeal or whatever consequences their decision might have down the line. All parties agreed their only concern should be the sentencing issue at hand.
@W

This has me guardedly optimistic that they are leaning toward death.....

Why would you be worrying about appeals when the result is a life sentence, and the defendant can’t get a sentence that is any shorter than that?

 

[Raptors001]

From what I'm reading, the jurors are worried bc will appeal their decision...

 

[kittythehare]

This has me guardedly optimistic that they are leaning toward death.....

same.

 

[AnemoneBrown]

"Jurors asked how the number of jurors who found a mitigating factor to exist will be used."
= No consensus. Some jurors found mitigating factors, others did not.

"Jurors asked how the number of jurors who found a mitigating factor to exist will be used."
= Some jurors found one of the many mitigating factors proposed by the defense persuasive enough to stake their position (i.e. bought in hook line and sinker into the Brendty was a nice child pity party.

Without consensus, the sentence will be LWOP.

I am once again drawing inferences from facts as one does and should per my prior explanation.

That is not what the post of tweets from Ben says.

 

[kittythehare]

"Jurors asked how the number of jurors who found a mitigating factor to exist will be used."
= No consensus. Some jurors found mitigating factors, others did not.

"Jurors asked how the number of jurors who found a mitigating factor to exist will be used."
= Some jurors found one of the many mitigating factors proposed by the defense persuasive enough to stake their position (i.e. bought in hook line and sinker into the Brendty was a nice child pity party.

Without consensus, the sentence will be LWOP.

I am once again drawing inferences from facts as one does and should per my prior explanation.

How about this theory
They're still trying to figure out the jury instructions, precisely?

 

[AnemoneBrown]

How about this theory
They're still trying to figure out the jury instructions, precisely?

Possible, yes as is the research I shared with you yesterday. We have 7 men and 5 women in this jury. Imposing the DP with this make-up is less probable though not impossible.

 

[kittythehare]

LIVE: Christensen jury deliberating


ben-Small detail, based on the docket entry from yesterday's proceedings: After being dismissed at 1:31 p.m., the jury began deliberating at 1:51 p.m. and left at 5:05 p.m. Judge Shadid said they began deliberating this morning at 9 a.m., so they're up to 5.5 hours by my count

 

[kittythehare]

Jury in Christensen trial asks about appeals

Their task in the penalty stage is harder and the stakes much higher. They must answer difficult questions, including whether Christensen displayed unique cruelty in how he killed Zhang and whether he exhibited redeeming qualities in his life.

 

[kittythehare]

Ben
Reminder, even if Christensen is sentenced to death, he likely wouldn't be executed for more than a decade (link: https://www.news-gazette.com/news/in-terre-haute-prison-s-death-row-talk-of-the/article_1780af0b-6a3d-5754-90bc-0554a01ed858.html) news-gazette.com/news/in-terre-…

This says that , even if he receives the DP, it will be at least 10 yrs before he is executed.

 

[Raptors001]

Ben
Reminder, even if Christensen is sentenced to death, he likely wouldn't be executed for more than a decade (link: https://www.news-gazette.com/news/in-terre-haute-prison-s-death-row-talk-of-the/article_1780af0b-6a3d-5754-90bc-0554a01ed858.html) news-gazette.com/news/in-terre-…

This says that , even if he receives the DP, it will be at least 10 yrs before he is executed.

Unless another prisoner gets to him first.

 

[tresir2012]

I hate that I was right. No consensus and some of these jurors bought hook line and sinker into the Brendty pity party (although they don't want to show their face).

LWOP it is.

I'm not so sure. They are being professional and want to get it right. I know it would only take 1 but will we know the split if it is not unanimous?

 

[tresir2012]

From what I'm reading, the jurors are worried bc will appeal their decision...

That's what Kitty meant. A LWOP sentence wouldn't be able to be appealed (I don't think) but a death sentence can. Jurors wouldn't be asking about appeals if they were leaning towards LWOP. It's encouraging, but mustn't get our hopes up.
MOO.

 

[AnemoneBrown]

I see what you are saying. Maybe it is a mistake to assume most people know that DP sentences go through many automatic appeals. I have a hard time imagining there are jurors in the USA that would be worried about an appeal process that is simply unavoidable.

That's what Kitty meant. A LWOP sentence wouldn't be able to be appealed (I don't think) but a death sentence can. Jurors wouldn't be asking about appeals if they were leaning towards LWOP. It's encouraging, but mustn't get our hopes up.
MOO.

 

[dm92]

That's what Kitty meant. A LWOP sentence wouldn't be able to be appealed (I don't think) but a death sentence can. Jurors wouldn't be asking about appeals if they were leaning towards LWOP. It's encouraging, but mustn't get our hopes up.
MOO.

As far as I know, there is no reason prosecutors cant appeal a decision against them. They usually dont, but I have heard of it happening before. They cant appeal the jury's decision, per the actual sentence, but they can appeal on a host of reasons involving the jury instructions, allowance of a mitigating factor(s) into consideration, allowing individual juror(s) on the jury... or alleged juror misconduct or failure to properly follow the instructions.

 

[AnemoneBrown]

It also appeals this particular case is something of a political hot potato for Illinois politics: Illinois death-penalty trial panned in state that ended punishment

As far as I know, there is no reason prosecutors cant appeal a decision against them. They usually dont, but I have heard of it happening before. They cant appeal the jury's decision, per the actual sentence, but they can appeal on a host of reasons involving the jury instructions, allowance of a mitigating factor(s) into consideration, allowing individual juror(s) on the jury... or alleged juror misconduct or failure to properly follow the instructions.

 

[kittythehare]

somebody on twitter is quizzing people via dm regarding what they think the verdict will be. a new account with 1 or 2 followers. i ignored it.
strange, not seen this happen before..

 

[kittythehare]

eades, just now
The jury has yet another question. Heading up to the courtroom to find out what it is this time

 

[kittythehare]

Matt Masterson.
New question from jurors: What happens if we cannot reach a unanimous decision?

not good

 

[kittythehare]

Eades
BREAKING: No verdict yet, but jurors ask judge the question: "We need help. What do we do if we are unable to reach a unanimous decision?" If that ends up being their final answer-- it means Christensen will, by default, be sentenced to life in prison
@W