Deceased/Not Found IL - Yingying Zhang, 26, Urbana, 9 June 2017 #6 *Arrest*

[kittythehare]

Sounds right to me. If the death penalty is still on the table he may give up the body location to save his skin-if there is a body.

This is a long read but explains much . particularly some of the terms used in the indictment, their meaning.
This was a landmark case, its about the death penalty but its most informative
https://law.resource.org/pub/us/case/reporter/F3/486/486.F3d.13.04-6001.html
WARNING- its a very long read but its beautifully written.

As I told you earlier, as a matter of law, premeditated murder alone is not sufficient to make the death penalty a sentencing option. Something more is required. More specifically, one of those "something mores" with regard to murder is that a murder must be committed in an especially heinous, cruel, or depraved manner. However, a person of ordinary sensibility could fairly characterize almost every murder as heinous, cruel, or depraved, the Supreme Court has said. Therefore, something additional must be proven to make this a truly limiting factor and to assure reasonable consistency between cases. In this case, the law provides that the killing can only be especially heinous, cruel, or depraved if it involved serious physical abuse . . . . In this case, "especially" has its usual meaning of highly or unusually great. Each of the other relevant terms has a defined meaning for the purposes of the Federal Death Penalty statute. I'll now explain those meanings to you.

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"Heinous" means shockingly atrocious. In this case, a killing may be found to be especially heinous only as a result of any serious physical abuse that's proven.
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"Cruel" means the defendant intended to inflict a high degree of pain. In this case, a killing may be found to be especially cruel only as a result of any serious physical abuse that is proven.
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"Depraved" means that the defendant relished the killing or showed indifference to the suffering of the victim. Once again, in this case, a killing may be found to be especially depraved only as a result of any serious physical abuse that is proven.


"Serious physical abuse" has a particular legal meaning for the purpose of this case. To prove that the killing . . . involved serious physical abuse, the government must prove that Mr. Sampson intended to inflict significant damage to [the deceased's] body beyond what Mr. Sampson thought was necessary to kill him. In essence, the government must prove that Mr. Sampson intended to do more than kill [the deceased]. It must prove that he also intended to abuse his body above and beyond what was necessary to kill him. Serious physical abuse can be inflicted either before or after death. The victim does not have to be alive at the time the serious physical abuse is inflicted.
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[kittythehare]

Sounds right to me. If the death penalty is still on the table he may give up the body location to save his skin-if there is a body.

I think the death penalty is very much on the table.. but I'm not sure its tradable for the location of the body..

Its also possible, if not likely they already know the means of disposal of the body, that they were never searching for it at all. this might occur if they knew how precisely it had been destroyed.
I feel awful referring to YY's body as 'it'.. but by the time he was finished with her, I think she was departed from her body, possibly in abject terror..
I am anti death penalty but having read https://law.resource.org/pub/us/case/reporter/F3/486/486.F3d.13.04-6001.html
I'm less certain.. I wont weep for him if it happens..
the entire indictment seems to say it will indeed happen..

 

[Webthrush]

Though the trial date is still 4 months away defense attorneys are already requesting a delay in the trial:
http://www.news-gazette.com/news/lo...-attorneys-ask-more-time-prepare-defense.html

 

[Shiressleuth]

The kidnapping law says that prosecutors would have to prove kidnapping with intent to murder. So the murder itself might not need to be proven, and I wonder if his statements of his fantasies can be twisted to prove intent.

Are you suggesting his statements at the vigil were fantasy and not a confession?

 

[Shiressleuth]

I think the death penalty is very much on the table.. but I'm not sure its tradable for the location of the body..

Its also possible, if not likely they already know the means of disposal of the body, that they were never searching for it at all. this might occur if they knew how precisely it had been destroyed.
I feel awful referring to YY's body as 'it'.. but by the time he was finished with her, I think she was departed from her body, possibly in abject terror..
I am anti death penalty but having read https://law.resource.org/pub/us/case/reporter/F3/486/486.F3d.13.04-6001.html
I'm less certain.. I wont weep for him if it happens..
the entire indictment seems to say it will indeed happen..

I'm thinking he may eventually change his plea to avoid the death penalty. If there is a location, he may be persuaded by his lawyer to give it up and admit the crimes. :cow:

 

[Shiressleuth]

Though the trial date is still 4 months away defense attorneys are already requesting a delay in the trial:
http://www.news-gazette.com/news/lo...-attorneys-ask-more-time-prepare-defense.html

Looks like they want to evaluate his mental health and maybe even challenge the grand jury decision? Looks like a long haul for YY's family sadly.

 

[Niner]

Webtrush beat me to it - the article. Here's a bit more excert from the article:

Accused kidnapper's new attorneys ask for more time to prepare defense
http://www.news-gazette.com/news/lo...-attorneys-ask-more-time-prepare-defense.html

On Tuesday, the three-member defense team representing Christensen filed a written motion to continue the final pretrial hearing and jury trial dates, saying they are ethically bound to do a full investigation of facts relevant to both the guilt and penalty phases prior to trial.
[.....]
In it, McNally said based on all federal death-penalty prosecutions across the country, the average time between indictment and trial is 28 months. The average time between indictment and notice of intent to seek the death penalty is 13 months, and the average time between the notice to seek that penalty and trial is 16 months.
[.....]
Bruce entered an order Tuesday giving government prosecutors Eugene Miller and Bryan Freres until Nov. 3 to respond.

 

[Calzone]

In legal terms, it determines whether probable cause exists to believe a crime has been committed.

Fact: YY was seen on video entering a car owned by BC. Fact: YY has not been seen or heard from since. Fact: BC admitted to picking up an Asian female. Fact: BCs car shows signs of unusually thorough cleaning on passenger side. A grand jury may need no more than the first two facts to reach a determination that a crime was committed.

There is nothing particularly compelling about a grand jury indictment. There is no burden of proof, just probable cause. An indictment does not require unanimous agreement. There is no cross examination of witnesses by a defense, there is no defense. Almost 100% of the time grand juries return an indictment because the burden is so low, not because the evidence is that strong.

 

[trunkizback]

Looks like they want to evaluate his mental health and maybe even challenge the grand jury decision? Looks like a long haul for YY's family sadly.

As an interested bystander in all of this, I have found the handling of this case horrible. I think LE could step up and say SOMETHING. Even a statement saying they can't release details would be better than the incredible silence so far. Some people opined that the family may have been let in on the details, but judging by YY[s mothers reaction of seeing BC and screaming at him to give her back her daughter, I don[t think they have. Can you imagine coming to a foreign country only to hear that the man they think may have kidnapped and killed your daughter is sitting in jail and may or may not even be on trial for 6 to say 16 months?? And no ones looking for her. We must look like barbarians to them. I joined this site solely because it is the ONLY place anyone is talking about this case. Only time the news channels cover it is on court dates. The wheels of justice grind slowly..What Bull s@#!!!

 

[r2so3cxz]

... I joined this site solely because it is the ONLY place anyone is talking about this case. Only time the news channels cover it is on court dates. The wheels of justice grind slowly..What Bull s@#!!!

In China this is still very much a current topic of conversation.

 

[JaneEyre]

As an interested bystander in all of this, I have found the handling of this case horrible. I think LE could step up and say SOMETHING. Even a statement saying they can't release details would be better than the incredible silence so far. Some people opined that the family may have been let in on the details, but judging by YY[s mothers reaction of seeing BC and screaming at him to give her back her daughter, I don[t think they have. Can you imagine coming to a foreign country only to hear that the man they think may have kidnapped and killed your daughter is sitting in jail and may or may not even be on trial for 6 to say 16 months?? And no ones looking for her. We must look like barbarians to them. I joined this site solely because it is the ONLY place anyone is talking about this case. Only time the news channels cover it is on court dates. The wheels of justice grind slowly..What Bull s@#!!!

I agree. And if they are here and seeing what all has been done to find Sherin Mathews' body, it would be doubly frustrating. It's possible LE took the same measures to find this student, but if they did, we did not hear about it. It must feel like we value their daughter less. I've thought about this and it breaks my heart for them.

Sent from my SM-G920V using Tapatalk

 

[trunkizback]

I agree. And if they are here and seeing what all has been done to find Sherin Mathews' body, it would be doubly frustrating. It's possible LE took the same measures to find this student, but if they did, we did not hear about it. It must feel like we value their daughter less. I've thought about this and it breaks my heart for them.

Sent from my SM-G920V using Tapatalk

I've been kinda slow in bringing this up , but another thing that really bothers me is this. On the day the FBI arrested BC, one of the news channels was there ( I think it was WCIA ). Behind the newcaster lady was the front door of the apartment. There was a female and a couple male agents by the entrance. The 2 guys were yukkin it up and the female was lounging on a concrete divider on the her phone. She was quite animated and laughing to whoever she was talking to, I have a friend who is an EMT and I know all about the gallows humor that first responders and LE use. All I know is , that wasn't even my daughter and I found it to be beyond insensitive. It seems to incapsulate LE's attitude towards this whole miserable case. Someone on this site that's more savvy than me could probably find and post that clip. My belief is that , if theres a news camera right there and you're front and center at a possible murder scene, don't conduct yourself as if you're at a social mixer. Whew, sorry but that has bugged me for awhile now

 

[Shiressleuth]

I've been kinda slow in bringing this up , but another thing that really bothers me is this. On the day the FBI arrested BC, one of the news channels was there ( I think it was WCIA ). Behind the newcaster lady was the front door of the apartment. There was a female and a couple male agents by the entrance. The 2 guys were yukkin it up and the female was lounging on a concrete divider on the her phone. She was quite animated and laughing to whoever she was talking to, I have a friend who is an EMT and I know all about the gallows humor that first responders and LE use. All I know is , that wasn't even my daughter and I found it to be beyond insensitive. It seems to incapsulate LE's attitude towards this whole miserable case. Someone on this site that's more savvy than me could probably find and post that clip. My belief is that , if theres a news camera right there and you're front and center at a possible murder scene, don't conduct yourself as if you're at a social mixer. Whew, sorry but that has bugged me for awhile now

I would think they were happy to arrest him. Could even have been relief. I think the speed with which they had him pinpointed via the vehicle, then the surveillance, has been remarkable. From disappearance to arrest was, what, three weeks?

 

[kittythehare]

In China this is still very much a current topic of conversation.

Thats reassuring. Please do link us to relevant reputable media sites, we can use translation service.

 

[Calzone]

As an interested bystander in all of this, I have found the handling of this case horrible. I think LE could step up and say SOMETHING. Even a statement saying they can't release details would be better than the incredible silence so far.

It has been my suspicion from the start that they may have arrested him prematurely. I think that he was arrested because of things he was overheard saying at the vigil and not because of some compelling evidence that had just come to light. His comments at the vigil gave concern that he might act again. He wasn't even arrested immediately when he made the statements. Someone, probably higher up the chain, processed the comments and made a decision the next day. There was tremendous pressure locally from the University to resolve this case. I don't think LE has said anything because I don't think they have anything to say. We'd like to think that they have some treasure trove of compelling evidence that will make this case open and shut. I'm afraid they may have reacted to overwhelming pressure to make an arrest and did so without enough evidence. Depending on what is admissible, they may not have much of a case.

 

[Shiressleuth]

It has been my suspicion from the start that they may have arrested him prematurely. I think that he was arrested because of things he was overheard saying at the vigil and not because of some compelling evidence that had just come to light. His comments at the vigil gave concern that he might act again. He wasn't even arrested immediately when he made the statements. Someone, probably higher up the chain, processed the comments and made a decision the next day. There was tremendous pressure locally from the University to resolve this case. I don't think LE has said anything because I don't think they have anything to say. We'd like to think that they have some treasure trove of compelling evidence that will make this case open and shut. I'm afraid they may have reacted to overwhelming pressure to make an arrest and did so without enough evidence. Depending on what is admissible, they may not have much of a case.

If that is the case I don't believe Bruno would have dropped the case. Also the new public defender would not be seeking further time IMO.

I will have to check back but IIRC they handed over 6000 hours of video surveillance alone to the defence team.

 

[Shiressleuth]

several TERABYTES of video??? that's a LOT of video-- like 500-1000 hours of video per terabyte

http://www.news-gazette.com/news/lo...y-reviewing-evidence-ui-scholars-disappearanc

Brunos 'thoroughly and methodically' reviewing evidence in UI scholar's disappearance

Less than two weeks before their client's next scheduled hearing in federal court, Brendt Christensen's attorneys are poring over more than 1,000 pages of reports from various law-enforcement agencies ....
-.-.-
And, "we understand the government's evidence will also include several terabytes of video collected from various sources," Bruno said.

Found and bumping the source quoting the evidence.

 

[Webthrush]

Another new story with videos from Illinois press on the case:
http://abc7chicago.com/a-mystery-at-u-of-i/2563772/

A good brief summary for any newbies to the case, but with a few possibly new tidbits as well:

1) it confirms the "mystery woman" accompanying BC at YZ's vigil was wearing a wire.
2) it says they have him on tape saying he "kidnapped and carried the victim back to his apt." -- we've all wondered how he got her inside his apt. so this certainly sounds as if one way or another he gained control of her in the vehicle such that he could "carry" her.
3) it mentions that police think she's dead because they "believe what he says on the recording" -- this surprises me a bit, since they don't mention anything else beyond the recording -- as I've indicated previously I assume (and still do) that they have forensic and possible video evidence, but if it turns out that all they have are his words on tape, well that seems a little troubling to me.
4) there is also mention that it is rare for this type of case to remain under Federal jurisdiction, with the implication that the (Federal) death penalty may indeed be used as a bargaining chip here.

 

[kittythehare]

https://www.facebook.com/ChuckGoudieABC7ITeam/videos/1515474941876556/
Do we need to look at those photos of the footage again? Ref map in webthrush link below..?
Did he drive straight home with her and is it possible he immobilised her immediately she entered that car?
#Carried. Implication she was unconscious? No gunpoint, or knife point, not dragged kicking and screaming...
How the hell did he do it while still driving, if so?
Does anybody have a source for good good video enhancing equipment?

The police have far more evidence than the tape.. see Shiressleuth post regarding the reams and reams of footage alone they sent to Bruno.

all Bruno did was buy him time..
And rob her family and friends of the same quantity of time...
IMO sick cases get sicker and attract sick people the longer they go on.

 

[MomminIt]

Maybe he hit her hard enough to knock her out, (lifted weights & had martial arts experience) probably causing blood and/or saliva to get on the passenger side door &window, hence the excessive cleaning. Could've pulled off university near the old c-street bar (kind of an industrial area for a couple blocks, not many people around) bound her and taped her mouth, hence the phone pinging near the terminal, put her in a bag and carried her in. Or if he had a drive in garage unit as someone here suggested he may have done it there.

How did this news agency get the indictment tapes? Are they public record? Interesting we hadn't heard them before. Also interesting they are focusing on the identity of the person he was with, seems a little irresponsible to being calling attention to her on public tv. I mean, she's a witness that provided much needed evidence. We don't even discuss that here.