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

[Niner]

a little more from article of motions denied by Judge:


Shadid sided with the FBI in rulings made public Monday.

"If Defendant's contentions and Ms. Zortman's testimony were accurate, they would indeed point toward involuntariness," the judge wrote. "However, six FBI agents testified credibly that they entered the apartment at Defendant's invitation, requested that Ms. Zortman put on clothes, and asked her consent to search when only two agents remained in the apartment and no search was yet underway.

"Taking into account the totality of the circumstances, Ms. Zortman's consent to the search of the shared apartment was voluntary. Agents lawfully conducted the search, and evidence seized as a result of the search should not be excluded."
[.....]
Shadid also denied motions to suppress:

— Secret recordings of Christensen made by his girlfriend, at the direction of federal agents.
[.....]
— Other statements Christensen made to law enforcement, his girlfriend and his wife.
[.....]
— Christensen's communications while in jail.
[.....]
— Shadid also denied a defense motion to declare the federal death penalty unconstitutional, as well as a motion to dismiss the case for lack of federal jurisdiction.

 

[Niner]

There was more court action today, but no rulings on motions so far. The start of jury selection was moved up a couple of days, to April 1st instead of April 3rd.

Do you have a link to the change in dates? Does that mean the "Jury Orientation" that was supposed to be on April 2, is moved to March 30th?

TIA!

 

[Niner]

@dm92 - never mind - forgot I had access to court site....
I bolded the next upcoming hearings.

Jan 15, 2019

Minute Entry for proceedings held before Chief Judge James E. Shadid: Parties present via telephone AUSA Bryan Freres & AUSA Eugene Miller on behalf of the Govt, APFD George Taseff and AFPD Elisabeth Pollock on behalf of Dft Brendt A Christensen (absent, by agreement) for a Motion Hearing on Tuesday, 1/15/2019 at 1:33 PM. Dft's Atty Julie Brain joined conference at 1:40 PM. Discussion held re the Govt's Motion to Exclude the Expert Testimony of Dr. Geoffrey Lofthus 208 . Govt withdraws their argument that they had not received a report or a written summary regarding Dr. Lofthus' proposed testimony, as this was received in October. Parties disclose their positions to the Motion. Discussion held re expectations for the Motion Hearing scheduled to begin at 9:00 AM on Friday, 1/18/2019 in Urbana. Court outlines procedures for prospective jurors to complete questionnaires with further discussion with parties' input to occur on Friday. Court reminds the parties to confer re a proposed amended scheduling order. Court notes Defendant's Motion to Dismiss 201 wherein additional discovery is requested. Govt to respond to the Motion 201 by 1/25/2019. (Court Reporter NM) (JRK, ilcd)

Jan 15, 2019

TEXT ORDER entered by Chief Judge James E. Shadid on 1/15/2019 as to Brendt A Christensen: Pursuant to the Court's Order and Opinion 163 entered 12/6/2018 transferring the matter to the Peoria Division for further proceedings, the Pretrial Conference set for 10:00 AM on Monday, 3/25/2019 will be held in Courtroom A in Peoria. Jury Selection will now begin on Monday, 4/1/2019 at 9:00 AM, also in Courtroom A in Peoria, with trial to follow. (JRK, ilcd)

link: https://www.courtlistener.com/docket/6129073/united-states-v-christensen/?page=2

I'm wondering if these dates are still valid?
2/1 - Conference on jury instructions & selection
2/8 - Motion in Limine
3/1 - Response to Motion in Limine
3/4 - Motion to strike potential jurors
3/11 - Pretrial Conf.
??

 

[dm92]

@dm92 - never mind - forgot I had access to court site....
I bolded the next upcoming hearings.

Jan 15, 2019

Minute Entry for proceedings held before Chief Judge James E. Shadid: Parties present via telephone AUSA Bryan Freres & AUSA Eugene Miller on behalf of the Govt, APFD George Taseff and AFPD Elisabeth Pollock on behalf of Dft Brendt A Christensen (absent, by agreement) for a Motion Hearing on Tuesday, 1/15/2019 at 1:33 PM. Dft's Atty Julie Brain joined conference at 1:40 PM. Discussion held re the Govt's Motion to Exclude the Expert Testimony of Dr. Geoffrey Lofthus 208 . Govt withdraws their argument that they had not received a report or a written summary regarding Dr. Lofthus' proposed testimony, as this was received in October. Parties disclose their positions to the Motion. Discussion held re expectations for the Motion Hearing scheduled to begin at 9:00 AM on Friday, 1/18/2019 in Urbana. Court outlines procedures for prospective jurors to complete questionnaires with further discussion with parties' input to occur on Friday. Court reminds the parties to confer re a proposed amended scheduling order. Court notes Defendant's Motion to Dismiss 201 wherein additional discovery is requested. Govt to respond to the Motion 201 by 1/25/2019. (Court Reporter NM) (JRK, ilcd)

Jan 15, 2019

TEXT ORDER entered by Chief Judge James E. Shadid on 1/15/2019 as to Brendt A Christensen: Pursuant to the Court's Order and Opinion 163 entered 12/6/2018 transferring the matter to the Peoria Division for further proceedings, the Pretrial Conference set for 10:00 AM on Monday, 3/25/2019 will be held in Courtroom A in Peoria. Jury Selection will now begin on Monday, 4/1/2019 at 9:00 AM, also in Courtroom A in Peoria, with trial to follow. (JRK, ilcd)

link: https://www.courtlistener.com/docket/6129073/united-states-v-christensen/?page=2

I'm wondering if these dates are still valid?
2/1 - Conference on jury instructions & selection
2/8 - Motion in Limine
3/1 - Response to Motion in Limine
3/4 - Motion to strike potential jurors
3/11 - Pretrial Conf.
??

I looked up who this Dr. Lofthus is. I believe that is a misspelling, and who they are talking about is this guy.

Geoffrey Loftus - Wikipedia

My guess is the Defense is going to try and discredit the testimony of the woman who ID'd Christensen as the guy who tried to pick her up earlier in the day on the day YY was abducted.

 

[Niner]

Hey dm92!
Are you saying "mine" is misspelled - or the court site?

TIA!

 

[dm92]

Hey dm92!
Are you saying "mine" is misspelled - or the court site?

TIA!

The court site. The filings have it misspelled as ‘Lofthus.’ I can’t find anyone when searching with that spelling.

 

[Niner]

Friday, January 18th:
*Objections to Jury Instructions & Motions Hearing (@ 9am ET) - IL - Yingying Zhang (26) (missing on June 9, 2017, Urbana; not found) - *Brendt A. Christensen (28) indicted (6/30/17) on kidnapping (Federal charge) resulting in death of Yingying and 2 counts of giving false statements to FBI. Plead not guilty; DA will seek DP.
1/18: Objections to jury instructions & Motions; 2/1: Conf. on jury instructions & selection; 2/8: Motion in limine; 3/1: Response to Motion in limine; 3/4: Motion to strike potential jurors; 3/11: Pretrial Conf.; 3/25: Final Pretrial Conf.; 4/1: Jury Selection begins; 4/9: Trial begins, which should last about 5 weeks.
12/19/18: Christensen’s lawyers argued to suppress evidence gathered during an FBI search of his apartment, as well as statements he made in the weeks leading up to his arrest. Monday: All six FBI special agents told nearly identical stories, saying the defendant's then wife, Michelle Christensen, agreed to the search, and willingly cooperated with the investigation in the following weeks. On Tuesday when Michelle Christensen (now Zortman) took the stand, she told a very different story. She said the FBI took advantage of her in a vulnerable state, and that she didn't know she could've objected to the search. U.S. District Judge James Shadid will decide whether or not the evidence gathered by the FBI the night of the search will be used during the trial. Shadid plans to rule on this and other pre-trial motions within the next two weeks. Additional pre-trial hearings regarding DNA evidence and the findings of a K-9 used in the investigation will take place in January (1/4, 1/11 & 1/18) and February (2/8).
12/21/18: Defense have requested a hearing to discuss the admissibility of evidence obtained during an FBI search of the defendant’s jail cell. On Dec. 14, FBI agents went to Livingston County Jail to search Christensen’s cell and interview fellow inmates while he was at a pre-trial hearing in Peoria. Defense filed an emergency motion requesting an evidentiary hearing, claiming the search violated the defendant’s rights. On Friday (12/21/18), the government filed a formal response to the complaint, asking that the court dismiss the defense's request, as the search didn't violate the rights of the defendant. In their response, prosecutors explained the reasoning behind the FBI’s timing of the search. Although the government objects to an evidentiary hearing on this matter, they’re willing to bring in a third-party legal expert to ensure no attorney-client materials were obtained in the search.
1/11/19 Update: The Defense filed a new Motion to Dismiss & want a judge to throw out the U.S. indictment and plans to seek the federal death penalty. They say both violate the Equal Protection Clause because charging decisions shouldn't be based on a victim's nationality. The conclusion that the victim's national origin also unconstitutionally influenced the decision to seek the death penalty against Mr. Christensen is inescapable" his attorney's claim. The State of Illinois has banned use of the death penalty.
1/15/19 Update: BC's motions to dismiss count 1 due to lack of jurisdiction has been DENIED. It stays in federal court. The judge has not yet ruled on the motion to suppress evidence provided by the jailhouse informant. He DENIED the motion BC filed to suppress evidence from BC's jailhouse communications (letters, phone calls, etc.). The judge DENIED one of their motions to find the death penalty unconstitutional. FBI agents search of apt. was legal. Jury selection has been moved to 4/1.

 

[dm92]

They are holding a hearing today on admissibility of the identification evidence (woman who was approached the morning of YY's disappearance by someone in a black car claiming to be a cop, and picked BC out of a lineup as the one most resembling who approached her). The FBI agent who administered the lineup fainted during cross examination.

Former FBI agent faints while testifying at Christensen hearing

 

[trunkizback]

They are holding a hearing today on admissibility of the identification evidence (woman who was approached the morning of YY's disappearance by someone in a black car claiming to be a cop, and picked BC out of a lineup as the one most resembling who approached her). The FBI agent who administered the lineup fainted during cross examination.

Former FBI agent faints while testifying at Christensen hearing

OK. I think I understand how the prosecution would like to get their ducks in a row but am I the only one who doesn't get why this particular ID is even the least bit important? Kinda like arranging deck chairs on the Titanic. BC is facing charges of kidnapping, murder etc. They have video of YY getting into his car. I just don't see how this identification carries any importance.

 

[Webthrush]

OK. I think I understand how the prosecution would like to get their ducks in a row but am I the only one who doesn't get why this particular ID is even the least bit important? Kinda like arranging deck chairs on the Titanic. BC is facing charges of kidnapping, murder etc. They have video of YY getting into his car. I just don't see how this identification carries any importance.

I’m sure they have plenty of other evidence but this is probably just one more bit demonstrating the premeditative, carefully-planned-out nature of the crime. If BC is claiming he just happened to pick up some Chinese girl at some point only to let her out a few blocks later, it certainly can’t hurt to show that he was ‘stalking’ a different young woman, under false pretenses, earlier in the day. (But yeah, they no doubt have a strong case even without this.)

 

[dm92]

OK. I think I understand how the prosecution would like to get their ducks in a row but am I the only one who doesn't get why this particular ID is even the least bit important? Kinda like arranging deck chairs on the Titanic. BC is facing charges of kidnapping, murder etc. They have video of YY getting into his car. I just don't see how this identification carries any importance.

In addition to what Webthrush said, it also helps to confirm what he has said to others, and undermines any attempt his defense may make to explain it away as lying and being boastful to impress people -and it is also confirmation of BC's method that comes from a source other than BC himself.

The prosecution claims the jailhouse informant told them BC told him that he got her into the car by claiming to be a cop who wanted to question her. BC was recorded on tape explaining to TEB how he kidnapped YY. Presumably, he told her the same thing or something very similar. Both of those come from BC's mouth, so it is hearsay, basically. It is information coming from BC that they can't substantiate. If EH's testimony is deemed credible, then it helps to substantiate what BC has said -and it will go a long way to convincing a jury that what BC has said is truly what he did.

 

[Niner]

from the court site on what happened yesterday. I bolded the dates & an interesting tidbit!!

Jan 18, 2019

Minutes from hearing held 1/18/2019 with Chief Judge James E. Shadid. Appearance for Government by AUSAs Eugene Miller and Bryan Freres. Appearance by Defendant BRENDT A. CHRISTENSEN and with counsel AFPDs Elisabeth Pollock and Anthony Manganaro, Julie Brain, and Robert Tucker. Attorney Matthew Rubenstein entered his appearance as co-counsel for Defendant and is present. Motion hearing held. Motion 118 will be heard at the hearing previously scheduled for 2/4/19. Motion 119 will be heard on 2/11/19, as the Government's witness will not be available on 2/4/19. Motion Hearing set for 2/11/19 at 9:00 AM in Courtroom A in Urbana before Chief Judge James E. Shadid. Parties acknowledge Government has not yet received reports as to Motions 118 and 119 . Defendant waiting for reports to disclose. Motion 178 is STRICKEN as it is replaced by Motion 179 . The Clerk is directed to attach the Exhibits from 178 to 179 . Motion 187 MOOT and may be re filed. Defendant orally moved for witness George Loftus to remain in the courtroom; arguments heard. Oral motion granted and witness Loftus will remain in the courtroom. Government orally moved to have Defendant Christensen removed from the courtroom during witness EH's testimony; arguments heard. Defendant Christensen consented to his removal and the oral motion granted. Government and Defendant presented evidence re: Motion 99 . Witnesses sworn; testimony heard. Government and Defendant rests. Closing arguments heard. Motion 99 taken under advisement until written order entered. All exhibits admitted today are sealed. Counsel reminded to submit their proposed revised scheduling order. Defendant remanded to the custody of the US Marshal. (Court Reporter LC.) (TC, ilcd)

Jan 18, 2019

Set/Reset Deadlines/Hearings as to Brendt A Christensen: Motion Hearing set for 2/4/19 at 9:00 AM in Courtroom A in Urbana before Chief Judge James E. Shadid. Motion Hearing set for 2/11/19 at 9:00 AM in Courtroom A in Urbana before Chief Judge James E. Shadid. (TC, ilcd)

211

Jan 18, 2019

+++ SEALED DOCUMENT - EXHIBIT LIST re: Brendt A Christensen from motion hearing held 1/18/19. (Exhibits stored in clerk's office vault.) (TC, ilcd) (Entered: 01/18/2019)

Link: Docket for United States v. Christensen, 2:17-cr-20037-JES-JEH - CourtListener.com

 

[Niner]

As far as I can tell these are Motions #118 & 119

118 Aug 24, 2018
MOTION to Exclude Expert Testimony Regarding Cadaver Sniffing Canine, and Request for Daubert Hearing by Brendt A Christensen. (Pollock, Elisabeth) (Entered: 08/24/2018)
Main Document Motion to Exclude

119 Aug 24, 2018
MOTION to Exclude DNA and Serology Test Results and Request for Daubert Hearing by Brendt A Christensen. (Pollock, Elisabeth) (Entered: 08/24/2018)
Main Document Motion to Exclude


link: Docket for United States v. Christensen, 2:17-cr-20037-JES-JEH - CourtListener.com

 

[dm92]

As far as I can tell these are Motions #118 & 119

118 Aug 24, 2018
MOTION to Exclude Expert Testimony Regarding Cadaver Sniffing Canine, and Request for Daubert Hearing by Brendt A Christensen. (Pollock, Elisabeth) (Entered: 08/24/2018)
Main Document Motion to Exclude

119 Aug 24, 2018
MOTION to Exclude DNA and Serology Test Results and Request for Daubert Hearing by Brendt A Christensen. (Pollock, Elisabeth) (Entered: 08/24/2018)
Main Document Motion to Exclude


link: Docket for United States v. Christensen, 2:17-cr-20037-JES-JEH - CourtListener.com

Yes, you are correct. Those are coming up in February.

 

[Eleanor Rigby]

OK. I think I understand how the prosecution would like to get their ducks in a row but am I the only one who doesn't get why this particular ID is even the least bit important? Kinda like arranging deck chairs on the Titanic. BC is facing charges of kidnapping, murder etc. They have video of YY getting into his car. I just don't see how this identification carries any importance.

I agree that prosecution wants to bolster its claim that BC got Yingying into his car using false pretenses (claiming to be LE and showing a false badge) to support the abduction charge. Defense is claiming she got into his car willingly because the video does not show BC using physical force or a weapon to compel her to enter his car. IMO, it is important to have another witness corroborating he indeed committed abduction by means of deceit. Otherwise, defense may convince some jurors that BC merely kindly offered a ride to a distressed student who had been left "stranded" when she missed her bus connection. MOO

 

[dm92]

More detail from the hearing on Friday on the identification of BC by EH.

Christensen's lawyers attack results of photo lineup administered by FBI

EH's name is given.

Also, she testified that the man in the car who approached her on the morning of June 9th was wearing a black t-shirt and aviator sunglasses. The feds have a photo from an ATM on June 9th showing BC wearing a black t-shirt and aviator sunglasses.

 

[trunkizback]

More detail from the hearing on Friday on the identification of BC by EH.

Christensen's lawyers attack results of photo lineup administered by FBI

EH's name is given.

Also, she testified that the man in the car who approached her on the morning of June 9th was wearing a black t-shirt and aviator sunglasses. The feds have a photo from an ATM on June 9th showing BC wearing a black t-shirt and aviator sunglasses.

Anyone know the time and location of the EH encounter?

 

[Eleanor Rigby]

According to these articles, the other student was approached on the morning of June 9th, four hours before BC picked up YY, who was picked up a few minutes after 2:00 PM, so around 10:00 AM for the prior attempt. I remember reading the reports of the attempt around the time of YY's disappearance, but I don't remember if a specific location was given.

Is there anything, major, minor or in between, that BC's defense has not attacked or tried to get barred from evidence? Completely pathetic! Glad to see that they have so far mostly failed.

<modsnip not an approved source>

Earlier abduction attempt reported on day Chinese scholar went missing at U. of I.

 

[dm92]

Anyone know the time and location of the EH encounter?

As Eleanor Rigby has said, I remember that it was around 10:00 AM. Floating out and around on the internet is a screenshot of EH's Facebook post she made shortly after the event occurred where she describes it to friends, and I believe she mentions where it occurred. I'll see if I can find that pic. Also, i think that information might be found in one of the filings to the docket on CourtListener. When I have time, I will go back and check.

 

[CUlocal]

Anyone know the time and location of the EH encounter?

I believe it was on Stoughton St. but I don't remember if any cross street was mentioned..