Deceased/Not Found IL - Yingying Zhang, 26, Urbana, 9 June 2017 #8 *Arrest*

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The biggest slap in the face regarding this move by the defense: The whole reason this trial was delayed from April 9 to June 3 was his intention to offer a mental health defense in the penalty phase. His lawyers screwed up in the hiring of their third expert to examine him, and that necessitated the move of the start date to June 3rd
 
Here's an article re withdrawing mental health defense.

Christensen's lawyers say he's abandoning mental-health defense

PEORIA — Accused kidnapper and killer Brendt Christensen is abandoning his mental-health defense, his lawyers said Friday.
[.....]
But in a filing Friday, they said "Christensen decided to formally withdraw" his mental-health defense notice Thursday.

No reason was given, but his lawyers said they notified prosecutors "as soon as possible and explained that Mr. Christensen will not be speaking to the government's mental-health experts next week."

The mental-health exams were scheduled to begin Monday.
[.....]
Prosecutors are also asking that any mental-health evidence be barred from trial.

Not only do they argue that experts who examined Christensen should be barred, they also say that any testimony that implies he has a mental-health condition should be barred.

This would include, they argue, the experts who were going to testify about Christensen's visits to the UI Counseling Center.
 
Here's what the docket has re the mental health defense:

318 Apr 26, 2019 MOTION For Clarification and Colloquy re 317 Notice (Other) by USA as to Brendt A Christensen. (Miller, Eugene) (Entered: 04/26/2019)

317 Apr 26, 2019 NOTICE of Withdrawal by Brendt A Christensen re 161 Notice (Other) (Pollock, Elisabeth) (Entered: 04/26/2019)

316 Apr 26, 2019 ORDER +++ SEALED ORDER deferring ruling on 238 Sealed Motion as to Brendt A Christensen (1). Entered by Judge James E. Shadid on 4/26/2019. (SAG, ilcd) (Entered: 04/26/2019)

315 Apr 25, 2019 ORDER entered by Judge James E. Shadid on 4/25/2019 as to Brendt A Christensen re 303 Notice filed by USA, 305 Objection filed by Brendt A Christensen. SEE FULL WRITTEN ORDER. (SAG, ilcd) (Entered: 04/25/2019)
This is re Penalty Phase mental health experts & tests

314 Apr 25, 2019 Exhibit ATTACHMENT 1 to 313 Response by USA as to Brendt A Christensen. (Miller, Eugene) Modified on 4/25/2019 to clarify docket text(JRK, ilcd). (Entered: 04/25/2019)
Re Penalty Phase mental health experts & tests

313 Apr 25, 2019 Response by USA as to Brendt A Christensen re 305 Objection (Miller, Eugene) (Entered: 04/25/2019)


link: Docket for United States v. Christensen, 2:17-cr-20037-JES-JEH - CourtListener.com
 
Laughing said:
Yeah, well, some of us work days. Please, please, please, WS'ers who are retired, home sick, recovering from surgery or injuries, off for the summer, etc , please shoulder the burden of recapping the trial for the rest of us!

In Chinese culture, cherry blossoms symbolize feminine strength & beauty, much as Ms. Zhang does for us:
View attachment 181371
Click to expand...

If I can get a link here in UK I would happily keep you workers in the picture, notice I said if. I'm sure someone from home (USA) will step in though.
 
I reckon he dropped hus psych defence like a hot potato as soon as he learned the identities of his would-be examiners. The bit that was supposed to have been kept from him but was never sealed.
Either that or the defence have a good /better chance of disproving the allegations against him... because prosecution have no solid evidence, including a body? It's possible. Anything is possible with this sickening case
It has felt like an exercise it utter futility from the outset.
But at least we tried.
Does anybody remember the discussions on the pig farms and their proximity to his address from the early threads?
They were on the road to his hometown as far as I recall, but close enough to his apartment. I wonder how easily he could have accessed them? Would they have any kind of security, as a rule?
Still grasping at straws here.

BC has regained his sanity, he no longer suffers from side effects of drugs, his mother's diet while pregnant no longer affects him, his kaleidoscope of weird and wonderful syndromes has disappeared. Well, praise the Lord! That jailhouse must be a place of miracles and every sick person should do some time in there, it's that good!

(GRRRRRRRRRRRRRRRRRR)
 
Niner said:
Here's an article re withdrawing mental health defense.

Christensen's lawyers say he's abandoning mental-health defense

PEORIA — Accused kidnapper and killer Brendt Christensen is abandoning his mental-health defense, his lawyers said Friday.
[.....]
But in a filing Friday, they said "Christensen decided to formally withdraw" his mental-health defense notice Thursday.

No reason was given, but his lawyers said they notified prosecutors "as soon as possible and explained that Mr. Christensen will not be speaking to the government's mental-health experts next week."

The mental-health exams were scheduled to begin Monday.
[.....]
Prosecutors are also asking that any mental-health evidence be barred from trial.

Not only do they argue that experts who examined Christensen should be barred, they also say that any testimony that implies he has a mental-health condition should be barred.

This would include, they argue, the experts who were going to testify about Christensen's visits to the UI Counseling Center.
Click to expand...
Well the counselling UI sessions are in stark contrast to his dates on Fetlife, I'm surprised nobody thought of this before. If it is a thing that the prosecution choose to present these visits as part of his 'substantial and pre-meditated plans to cause death', I reckon they are in, like it or not .
https://www.courtlistener.com/docket/6129073/318/united-states-v-

christensen/

2 The alternative to delay would be to bar the defendant’s untimely mental health mitigation evidence. The notice and procedure requirements of Rule 12.2 of the Federal Rules of Criminal Procedure were enacted to avoid unnecessary continuances: “Failure to give advance notice commonly results in the necessity for a continuance in the middle of a trial, thus unnecessarily delaying the administration of justice.” Fed. R. Crim. P. 12.2, Advisory Committee Notes. Therefore, the Seventh Circuit has affirmed trial courts that have barred expert testimony obtained by a defendant right before trial, rather than grant a continuance. See United States v. Weaver, 882 F.2d 1128, 1136 (7th Cir. 1989) (finding that when notice of expert testimony would delay the trial, the notice was untimely filed under Rule 12.2); United States v. Buchbinder, 796 F.2d 910, 915 (7th Cir. 1986) (finding district court did not abuse discretion in refusing to allow expert witness to testify when defendant failed to give timely notice under Rule 12.2); United States v. Santos, 65 F. Supp. 2d 802, 847 (N.D. Ill. 1999) (excluding testimony of defendant’s untimely disclosed Rule 12.2 expert witness
 
Laughing said:
Yeah, well, some of us work days. Please, please, please, WS'ers who are retired, home sick, recovering from surgery or injuries, off for the summer, etc , please shoulder the burden of recapping the trial for the rest of us!

In Chinese culture, cherry blossoms symbolize feminine strength & beauty, much as Ms. Zhang does for us:
View attachment 181371
Click to expand...
WE're not going to have access Laughing. Only a small number of people, including YY's family will be allowed in .
 
I'm a bit confused; if the Defense is taking the mental health aspect off the table, what-in-the-world is their whole approach at trial going to be? Surely, they're not going to argue enough 'reasonable doubt' that all the forensic evidence is wrong and that BC simply picked up YY and let her out 2 blocks later (I can understand them trying to get that evidence thrown out, but Shadid is allowing most all of it in).
Again, I think either a plea agreement is coming or else another attempt at delay, but I guess we'll know in a few weeks. (Maybe they hope to get thrown off the case for obstruction or contempt, forcing new defense lawyers to be assigned... and, start over -- I'm kidding... I think :(
 
Webthrush said:
I'm a bit confused; if the Defense is taking the mental health aspect off the table, what-in-the-world is their whole approach at trial going to be? Surely, they're not going to argue enough 'reasonable doubt' that all the forensic evidence is wrong and that BC simply picked up YY and let her out 2 blocks later (I can understand them trying to get that evidence thrown out, but Shadid is allowing most all of it in).
Again, I think either a plea agreement is coming or else another attempt at delay, but I guess we'll know in a few weeks. (Maybe they hope to get thrown off the case for obstruction or contempt, forcing new defense lawyers to be assigned... and, start over -- I'm kidding... I think :(
Click to expand...

OMG. I actually thought of that also. With all the ridiculous delays they've already pulled. Would they dare do this tho?? Would the judge have the ability to have them disbarred?
 
Making a mockery of the American Court system and taking the P out of the judge. Who's the worst here? BC or his defence team?

I've never heard of goings on like this before, there again I've not got many cases under my belt yet.

If I were Judge Deering, I'd make sure the team were disbarred for time wasting. How much money have they wasted too?
 
They are holding a hearing this afternoon in regards to the withdrawal of the mental health defense and whether or not the government experts will still be allowed to question him. I would assume there will be more information on why this is being withdrawn coming out of this hearing.
 
Webthrush said:
I'm a bit confused; if the Defense is taking the mental health aspect off the table, what-in-the-world is their whole approach at trial going to be? Surely, they're not going to argue enough 'reasonable doubt' that all the forensic evidence is wrong and that BC simply picked up YY and let her out 2 blocks later (I can understand them trying to get that evidence thrown out, but Shadid is allowing most all of it in).
Click to expand...

The mental health stuff was ALL aimed at mitigation during the penalty phase -none of it was to be applied during the guilt phase. Remember, they have to develop a mitigation strategy for the penalty phase *concurrent* to preparing for the guilt phase; they have to be ready just in case he is found guilty even if they think he is not. Preparing things like this before the trial can give the impression that the defense is conceding guilt. They are not. A good question to ask would be "WTF do they think will get a jury to spare his life if they take mental illness off the table?!?"

That said, all the evidence detailed in the press strongly suggests he is guilty, but we haven't seen any of it. I'm pretty sure that it will argue strongly that he is guilty (his own words on tape, coupled with forensic evidence at the apartment plus whatever writings of his are out there -coupled with the fact she has never been seen alive again since getting in his car), but without her body, maybe he and his team really do think they have a chance to sow enough doubt in a juror's mind that he didn't do it. Plus, we have no idea what his defense might offer as an alternate explanation. They don't have to offer up an alternate story to what the government will argue, but they could.

As to letting her out "two blocks later." I presume the government has *very* solid evidence he did not do this, beyond his recorded statements and finding her DNA in his apartment. Well before they had any of that evidence, in his interview with investigators on the 15th of June, the UIPD investigator late in the interview tells BC point blank that he *knows* BC did not let her out in a residential neighborhood a few blocks away. I presume they have security camera footage that demonstrates this....
 
Now I'm curious, since this mental health evidence dismissal seems so nutty!... Is it possible someone would request a mistrial due to incompetency on the part of the Defense team? (I mean normally the Defense team asks for a mistrial on some basis, but who asks for it when the Defense team themselves are the issue? The Judge? Or maybe it can only come up as part of the automatic appeal process?)
 
Webthrush said:
Now I'm curious, since this mental health evidence dismissal seems so nutty!... Is it possible someone would request a mistrial due to incompetency on the part of the Defense team? (I mean normally the Defense team asks for a mistrial on some basis, but who asks for it when the Defense team themselves are the issue? The Judge? Or maybe it can only come up as part of the automatic appeal process?)
Click to expand...

They had a discussion on this in chambers. Defense counsel described how they conferred with mitigation experts and came to this decision. BC was asked if he was satisfied with this decision, and he was told that if he tried to re-assert a mental health defense, it would possibly be denied. BC said he was in favor of it.

Given all this, I doubt he will have an option of appeal on the grounds of an incompetent defense.

Judge approves Christensen's withdrawal of mental-health defense

Shadid also mentioned that BC could still plead guilty, but even so there would still be a penalty phase held. Don't know if that was some sort of hint of what is coming. I doubt it.
 
I'm not understanding this. Anybody??
Docket for United States v. Christensen, 2:17-cr-20037 - CourtListener.com
Date Filed
Description


May 1, 2019

1 - Terminate Deadlines and Hearings



May 1, 2019

~Util - Set/Reset Deadlines/Hearings



May 1, 2019

TEXT ORDER entered by Judge James E. Shadid on 5/1/2019 as to Brendt A Christensen: By agreement of parties, the Status Conference set for 5/29/2019 is RESET for Thursday, 5/30/2019 at 2:30 PM. Hearing to remain set in Courtroom A in Peoria before Judge James E. Shadid.(JRK, ilcd)





May 1, 2019

Order



May 1, 2019

Motion Hearing



Apr 30, 2019

Minute Entry for proceedings held before Judge James E. Shadid: Parties present in open court Attys Eugene Miller, Bryan Freres, and James Nelson on behalf of the Govt and Dft Brendt A Christensen with his Attys Robert Tucker, Elisabeth Pollock, and George Taseff with Julie Brain present via telephone for a Motion Hearing on Tuesday, 4/30/2019. Court notes filings 317 Notice of Withdrawal and 319 Response filed by the Defense as well as the Govt's 318 MOTION For Clarification and Colloquy. Ex Parte/In-camera session held with the Defense. Court reconvenes with all parties in open court. Defense has consulted as a team, with mental health experts, mitigation specialists, as well as the Dft and filed 317 Notice. Court orders the Notice of Withdrawal is in effect 317 . Motion 318 is MOOT given the Court's rulings. Court reminds parties that proposed witness lists, exhibit lists, voir dire, and statement of the case should be filed by 5/28/2019. Court schedules a Status Conference for Wednesday, 5/29/2019 at 1:30 PM in Courtroom A in Peoria. Dft remanded to the custody of the U.S. Marshal. (Court Reporter NM) (JRK, ilcd)
 
Tell me if I'm wrong about any of this please.
Defendant is pleading not guilty.
Defendant states he is now sane. (ego?)
Pre-trial, prosecution must show defence all of their evidence in advance. ALL of it. Can we presume defense now has access to everything the prosecution intends to present? No surprises?
Defence, however are not bound to produce all of their 'evidence ' of his alleged innocence.

At what point must defense produce a list of witnesses and counter-'evidence' they intend to produce at trial?

Is there a chance he will walk?
I honestly have no 'feel' for how this will pan out at all.
I'm disgusted the trial will not be televised.
We have hit the wall. #Bigly.
 
kittythehare said:
Tell me if I'm wrong about any of this please.
Defendant is pleading not guilty.
Defendant states he is now sane. (ego?)
Pre-trial, prosecution must show defence all of their evidence in advance. ALL of it. Can we presume defense now has access to everything the prosecution intends to present? No surprises?
Defence, however are not bound to produce all of their 'evidence ' of his alleged innocence.

>>>I think you're basically right about all that except I'm not sure that the Defense must produce all their evidence in advance (I mean I can envision a circumstance where they feel a need to bring up something new in response to the way the prosecution presents something).

At what point must defense produce a list of witnesses and counter-'evidence' they intend to produce at trial?
Is there a chance he will walk?
I honestly have no 'feel' for how this will pan out at all.
I'm disgusted the trial will not be televised.
We have hit the wall. #Bigly.

>>>JMO... I don't think there's any chance he's going to walk!
Again, other than the possibility of a plea agreement, I'm completely baffled by what the Defense is up to... other than delays.
Click to expand...
 
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