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

[dreamscape1]

From the Find Yingying page in Facebook: A press conference is scheduled for Tuesday, August 22nd, 2017 at 1:00 pm at The I-Hotel, (1900 South First Street, Champaign, Illinois - Humanities Room). Yingying Zhang's family will report the following to all the people who care about Yingying and her family:

1. Yingying family's current condition, including Yingying mother and younger brother's arrival at Champaign, Illinois from China on the 19th;
2. Yingying family's letter to President Trump sent several days ago; and
3. The purposes and usage of funds raised through GoFindMe campaign and to encourage the general public to continue its great effort to find Yingying and support her family.

The Zhang family will attend the conference which is open to the media and the public. The Zhang family will speak to the media for the very first time.

Thanks again for everyone's help.

 

[Calzone]

"Two key elements are common to all charges of kidnapping. First, the asportation or detention must be unlawful. Under various state and federal statutes, not all seizures and asportations constitute kidnapping: Police officers may arrest and jail a person they suspect of a crime, and parents are allowed to reasonably restrict and control the movement of their children.


Second, some aggravating circumstance must accompany the restraint or asportation. This can be a demand for money; a demand for anything of value; an attempt to affect a function of government; an attempt to inflict injury on the abductee; an attempt to terrorize a third party; or an attempt to commit a felony."
http://legal-dictionary.thefreedictionary.com/kidnapping

What are the aggravating circumstances? Not what you think or believe, but what is known publicly. Getting into a car does not constitute kidnapping. There must be nefarious intent. That is what I believe the feds may have difficulty proving. If a murder had been committed, that would be aggravated circumstances but since no murder charges have been filed, I have to believe that there is not sufficient evidence to support it. Without aggravated circumstances, there is not kidnapping.

 

[Deleted member 102539]

http://www.ecns.cn/2017/08-05/268176.shtml

Murderer of Chinese overseas student in Germany sentenced to life in prison

Li Yangjie, a 25-year-old architecture student went missing while jogging on the evening of May 11, 2016 in the city of Dessau. Her disfigured body was found abandoned in brush near the crime scene two days later before the police identified the both 20-year-old male and female suspects.

According to prosecutors, the two lured her to an empty apartment and then sexually assaulted her. When they found Li still alive, they carried the severely wounded victim away (in a 120l trashcan) and abandoned her outside.

The case aroused tremendous public attention in both China and Germany. The male culprit's parents are both police officers, and dpa reported there had been temporary suspicion that the parents might have an influence on the investigation.

 

[SteveP]

"Two key elements are common to all charges of kidnapping. First, the asportation or detention must be unlawful. Under various state and federal statutes, not all seizures and asportations constitute kidnapping: Police officers may arrest and jail a person they suspect of a crime, and parents are allowed to reasonably restrict and control the movement of their children.


Second, some aggravating circumstance must accompany the restraint or asportation. This can be a demand for money; a demand for anything of value; an attempt to affect a function of government; an attempt to inflict injury on the abductee; an attempt to terrorize a third party; or an attempt to commit a felony."
http://legal-dictionary.thefreedictionary.com/kidnapping

What are the aggravating circumstances? Not what you think or believe, but what is known publicly. Getting into a car does not constitute kidnapping. There must be nefarious intent. That is what I believe the feds may have difficulty proving. If a murder had been committed, that would be aggravated circumstances but since no murder charges have been filed, I have to believe that there is not sufficient evidence to support it. Without aggravated circumstances, there is not kidnapping.

It was known by several that she was on her way to sign a lease, and she had given the person the time to expect her shortly before she disappeared. By his own admission, Yingying was in his car shortly before she was due at the leasing office. He is alive and well. She has not been seen again. With EVERYTHING else that is publicly known I think a jury would be able to conclude that he had nefarious intent when he picked her up. I also would not begin to assume that what we know is everything LE knows. I can pretty much assure you that is never the case. And I have several family members in law enforcement so it is not a comment I just throw out there. JMO



Sent from my SAMSUNG-SGH-I337 using Tapatalk

 

[Shiressleuth]

"Two key elements are common to all charges of kidnapping. First, the asportation or detention must be unlawful. Under various state and federal statutes, not all seizures and asportations constitute kidnapping: Police officers may arrest and jail a person they suspect of a crime, and parents are allowed to reasonably restrict and control the movement of their children.


Second, some aggravating circumstance must accompany the restraint or asportation. This can be a demand for money; a demand for anything of value; an attempt to affect a function of government; an attempt to inflict injury on the abductee; an attempt to terrorize a third party; or an attempt to commit a felony."
http://legal-dictionary.thefreedictionary.com/kidnapping

What are the aggravating circumstances? Not what you think or believe, but what is known publicly. Getting into a car does not constitute kidnapping. There must be nefarious intent. That is what I believe the feds may have difficulty proving. If a murder had been committed, that would be aggravated circumstances but since no murder charges have been filed, I have to believe that there is not sufficient evidence to support it. Without aggravated circumstances, there is not kidnapping.

Probably the last three injury, terrorize and felony IMO.

 

[kittythehare]

From the Find Yingying page in Facebook: A press conference is scheduled for Tuesday, August 22nd, 2017 at 1:00 pm at The I-Hotel, (1900 South First Street, Champaign, Illinois - Humanities Room). Yingying Zhang's family will report the following to all the people who care about Yingying and her family:

1. Yingying family's current condition, including Yingying mother and younger brother's arrival at Champaign, Illinois from China on the 19th;
2. Yingying family's letter to President Trump sent several days ago; and
3. The purposes and usage of funds raised through GoFindMe campaign and to encourage the general public to continue its great effort to find Yingying and support her family.

The Zhang family will attend the conference which is open to the media and the public. The Zhang family will speak to the media for the very first time.

Thanks again for everyone's help.

I am glad to see this post. Thanks for finding it, have been searching.
So- looks like searching is ongoing or recommencing?
Or that LE has not provided any evidence of death to YYZ family?
I still feel she is in a building, urban.. need to know whether he always drove to gym or whether it was just in days following her disappearance?

 

[TiffanyL_AS]

"Two key elements are common to all charges of kidnapping. First, the asportation or detention must be unlawful. Under various state and federal statutes, not all seizures and asportations constitute kidnapping: Police officers may arrest and jail a person they suspect of a crime, and parents are allowed to reasonably restrict and control the movement of their children.


Second, some aggravating circumstance must accompany the restraint or asportation. This can be a demand for money; a demand for anything of value; an attempt to affect a function of government; an attempt to inflict injury on the abductee; an attempt to terrorize a third party; or an attempt to commit a felony."
http://legal-dictionary.thefreedictionary.com/kidnapping

What are the aggravating circumstances? Not what you think or believe, but what is known publicly. Getting into a car does not constitute kidnapping. There must be nefarious intent. That is what I believe the feds may have difficulty proving. If a murder had been committed, that would be aggravated circumstances but since no murder charges have been filed, I have to believe that there is not sufficient evidence to support it. Without aggravated circumstances, there is not kidnapping.

What we know they do have is BC researching abduction on a BDSM site. Premeditated proof.

I wouldn't be surprised that they get the other female whom I allege BC stopped while posing as an undercover cop to testify. Moo. I think they'll get footage of him pulling up to the other woman. Since she's a witness, she would likely recognize BC as the man who stopped her that day.

That abduction research is going to be hard to overcome. I think they'll have sufficient evidence to convince a jury.

However, it won't be true justice unless he's charged for murder.

Sent from my iPhone using Tapatalk

 

[Calzone]

With EVERYTHING else that is publicly known I think a jury would be able to conclude that he had nefarious intent when he picked her up.

What is publicly known AND admissible that proves aggravated circumstances and what was the nefarious intent?

I don't remember the timeline but I doubt he was under arrest (read his rights) when they looked at his phone/computer or taped his conversation. IF the statement about picking her up, and his browser history are not admissible, what proof is there of his intent, which is required for kidnapping? It's not good enough to conclude his intent, it has to be proven.

 

[kittythehare]

What is publicly known AND admissible that proves aggravated circumstances and what was the nefarious intent?

I don't remember the timeline but I doubt he was under arrest (read his rights) when they looked at his phone/computer or taped his conversation. IF the statement about picking her up, and his browser history are not admissible, what proof is there of his intent, which is required for kidnapping? It's not good enough to conclude his intent, it has to be proven.

are you speculating that LE actions were incorrect, remiss or inefficient or do you actually have any evidence at all to this effect?

 

[kittythehare]

https://kidnapping.uslegal.com/state-kidnapping-abduction-laws/illinois-kidnappingabduction-laws/

[FONT=&amp]According to 720 ILCS 5/10-1, kidnapping occurs when a person knowingly and secretly confines another person against his/her will by using force, threat of force, deceit, enticement. Kidnapping also includes the confinement of a mentally retarded person and the confinement of a child less than 13 years without the consent of the parent.

[/FONT][FONT=&amp]720 ILCS 5/10-2 defines aggravated kidnapping. A person commits the offence of aggravated kidnapping, if s/he kidnaps another to obtain ransom, inflicts body harm armed with a dangerous weapon and armed with firearms.

[/FONT][FONT=&amp]Secret confinement is an essential element of kidnapping.

From this [/FONT]http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000
[TABLE="width: 500, align: center"]
[TR]
[TD] (720 ILCS 5/9-3.4) (was 720 ILCS 5/9-3.1)
Sec. 9-3.4. Concealment of homicidal death.
(a) A person commits the offense of concealment of homicidal death when he or she knowingly conceals the death of any other person with knowledge that such other person has died by homicidal means.
(b) Nothing in this Section prevents the defendant from also being charged with and tried for the first degree murder, second degree murder, or involuntary manslaughter of the person whose death is concealed.
(b-5) For purposes of this Section:
"Conceal" means the performing of some act or acts for the purpose of preventing or delaying the discovery of a death by homicidal means. "Conceal" means something more than simply withholding knowledge or failing to disclose information.
"Homicidal means" means any act or acts, lawful or unlawful, of a person that cause the death of another person.
(c) Sentence. Concealment of homicidal death is a Class 3 felony.
(Source: P.A. 96-710, (720 ILCS 5/9-3.5)
Sec. 9-3.5. Concealment of death.
(a) For purposes of this Section, "conceal" means the performing of some act or acts for the purpose of preventing or delaying the discovery of a death. "Conceal" means something more than simply withholding knowledge or failing to disclose information.
(b) A person commits the offense of concealment of death when he or she knowingly conceals the death of any other person who died by other than homicidal means.
(c) A person commits the offense of concealment of death when he or she knowingly moves the body of a dead person from its place of death, with the intent of concealing information regarding the place or manner of death of that person, or the identity of any person with information regarding the death of that person. This subsection shall not apply to any movement of the body of a dead person by medical personnel, fire fighters, law enforcement officers, coroners, medical examiners, or licensed funeral directors, or by any person acting at the direction of medical personnel, fire fighters, law enforcement officers, coroners, medical examiners, or licensed funeral directors.
(d) Sentence. Concealment of death is a Class 4 felony.
(Source: P.A. 96-1361, eff. 1-1-11; 97-333, eff. 8-12-11.







[FONT=&amp]
[/FONT]

 

[kittythehare]

heres a link to a pdf which is very clear
http://www.illinoiscourts.gov/CircuitCourt/CriminalJuryInstructions/CRIM 08.00.pdf[3] by deceit or enticement, induces another person to go from one place to another placewith intent secretly to confine that person against his will.

To sustain the charge of kidnapping, the State must prove the following propositions:First Proposition: That the defendant acted knowingly; and
Second Proposition: That the defendant, by deceit or enticement, induced ____ to gofrom one place to another place; andThird Proposition: That when the defendant did so, he intended secretly to confine ____against his will.If you find from your consideration of all the evidence that each one of these propositionshas been proved beyond a reasonable doubt, you should find the defendant guilty.If you find from your consideration of all the evidence that any one of these propositionshas not been proved beyond a reasonable doubt, you should find the defendant not guilty.

Thats all they have to prove and i see no problems with proving each of the 3 which are for kidnapping.
Aggravated kidnapping is more likely to be the charge however and that is discussed in far more detail in the document.

 

[Calzone]

are you speculating that LE actions were incorrect, remiss or inefficient or do you actually have any evidence at all to this effect?

As I have speculated previously, I believe the feds may have felt they had no choice but to arrest when they did, not because they necessarily had overwhelming evidence but that they were concerned about a repeat of the offense. He was heard on tape pointing out who would be a good victim. That is hard to ignore. However, it wasn't until the next day that they arrested him. That was over a week after he was identified as a suspect. I'm speculating that they did not have sufficient evidence to convict before the vigil. Even the comments at the vigil did not immediately bring about an arrest. Why?

 

[kittythehare]

As I have speculated previously, I believe the feds may have felt they had no choice but to arrest when they did, not because they necessarily had overwhelming evidence but that they were concerned about a repeat of the offense. He was heard on tape pointing out who would be a good victim. That is hard to ignore. However, it wasn't until the next day that they arrested him. That was over a week after he was identified as a suspect. I'm speculating that they did not have sufficient evidence to convict before the vigil. Even the comments at the vigil did not immediately bring about an arrest. Why?

I already responded to that query to the best of my ability. I told you what I knew about dates and timings and offered possible reasons as to why.
If he was under surveillance, which involves a lot of manpower, it matters little whether he is arrested today or yesterday or next week.

 

[Calzone]

I already responded to that query to the best of my ability. I told you what I knew about dates and timings and offered possible reasons as to why.
If he was under surveillance, which involves a lot of manpower, it matters little whether he is arrested today or yesterday or next week.

I respectfully disagree. Time was of the essence if they ever expected to recover Yingying.

Also, he is being charged in federal court not Illinois court.

 

[kittythehare]

I respectfully disagree. Time was of the essence if they ever expected to recover Yingying.

Also, he is being charged in federal court not Illinois court.

https://www.law.cornell.edu/uscode/text/18/1201

https://www.justice.gov/usam/criminal-resource-manual-1034-kidnapping-federal-jurisdiction
The FBI, the University of Illinois Police Department, the Illinois State Police and local law enforcement are investigating this case. Assistant U.S. Attorneys Bryan D. Freres and Eugene L. Miller and prosecuting the case. https://www.justice.gov/usao-cdil/pr/status-update-us-v-brendt-christensen



Now why dont we try searching for her?

 

[kittythehare]

Re-reading in search for info regarding exact wording in regards to YYZ death. This is what I found. Its here already in earlier threads, I know.
https://www.justice.gov/usao-cdil/pr/grand-jury-indicts-champaign-man-charge-kidnapping

As stated in the complaint affidavit, law enforcement investigating Zhang’s disappearance believe Zhang is deceased. This determination is based on facts presented in court and court documents, and other facts uncovered during the ongoing investigation.

Facts presented in court
Court Documents
Other facts uncovered during ongoing investigation. (mind boggling)

According to the affidavit, on June 29, 2017, while Christensen was under law enforcement surveillance, agents overheard him explaining that he kidnapped Zhang. Based on this, and other facts uncovered during the investigation of this matter, law enforcement agents believe that Ms. Zhang is no longer alive.
https://www.justice.gov/usao-cdil/pr/champaign-man-arrested-charged-kidnapping-visiting-scholar

Does this mean that they just believed it after hearing the taped conversation, but not beforehand or not??

 

[kittythehare]

https://www.fbi.gov/video-repository/ui_police_search_for_missing_person_060917.mp4/view
Good clear footage, given to them by university of Illinois police.

so much time has passed and all we have is that footage.. nothing else.

 

[Webthrush]

Re-reading in search for info regarding exact wording in regards to YYZ death. This is what I found. Its here already in earlier threads, I know.
https://www.justice.gov/usao-cdil/pr/grand-jury-indicts-champaign-man-charge-kidnapping

As stated in the complaint affidavit, law enforcement investigating Zhang’s disappearance believe Zhang is deceased. This determination is based on facts presented in court and court documents, and other facts uncovered during the ongoing investigation.

Facts presented in court
Court Documents
Other facts uncovered during ongoing investigation. (mind boggling)

According to the affidavit, on June 29, 2017, while Christensen was under law enforcement surveillance, agents overheard him explaining that he kidnapped Zhang. Based on this, and other facts uncovered during the investigation of this matter, law enforcement agents believe that Ms. Zhang is no longer alive.
https://www.justice.gov/usao-cdil/pr/champaign-man-arrested-charged-kidnapping-visiting-scholar

Does this mean that they just believed it after hearing the taped conversation, but not beforehand or not??

I can’t believe that LE has acted so certain of YZ’s death based on nothing more than taped conversations he had (false confessions & made-up stories are well-known in crime findings). I continue to believe the “other facts” that LE always refers to must include strong forensic evidence from BC’s apt. and/or car and perhaps video evidence from his phone or computer. There may be several reasons for not yet making that evidence public, or charging him with murder yet -- they have him off-the-street now; further charges can easily come later. But it must be unbelievably hard on the family to be in the dark (unless we learn more from their upcoming conference).

 

[soakedb]

I don't question that she was kidnapped. I question whether the Feds can prove that the accused is the one who kidnapped her. The definition of kidnapping is not relevant if you can't prove he was the one in the car.

He admitted to picking her up, therefore he is the last person to see her alive. He needs to prove he dropped her off where he said, the Feds don't need to prove he picked her up, they have a confession.

 

[kittythehare]

I can’t believe that LE has acted so certain of YZ’s death based on nothing more than taped conversations he had (false confessions & made-up stories are well-known in crime findings). I continue to believe the “other facts” that LE always refers to must include strong forensic evidence from BC’s apt. and/or car and perhaps video evidence from his phone or computer. There may be several reasons for not yet making that evidence public, or charging him with murder yet -- they have him off-the-street now; further charges can easily come later. But it must be unbelievably hard on the family to be in the dark (unless we learn more from their upcoming conference).

I'm wondering whether the court documents are sealed (apart from affidavit which I read?)

I agree they must have more than the tape..but I cannot see a reason for delaying a murder charge except for lack of evidence.
Its the crux.
Feeling the same for her family, limbo...