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

[Angleterre]

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.

IIRC it was actually on campus that he approached her I think I read when the case first came to our attention- I may be wrong and I apologise if that’s the case but I think it was on campus

 

[Angleterre]

6 Defense motions denied by judge!!

Motions denied in Christensen case | The Daily Illini



Michelle Zortman, Christensen’s wife, who has filed for divorce, testified that her apartment was searched without her consent at the time of last month’s hearings. This contradicted FBI agents’ testimony, as they said they obtained voluntary consent before the search.

In rulings released to the public on Jan. 14, Shadid said the search was conducted lawfully. Evidence acquired from the search should therefore not be neglected.

Shadid also denied the motions to suppress the following: Christensen’s activity in jail; statements he made to his girlfriend, wife and law enforcement; recordings of Christensen taped secretly by his girlfriend; a motion stating the federal death penalty was unconstitutional.

Wow - how interesting that she has filed for divorce. I wonder when that will be concluded......
I mention it because a spouse cannot be compelled to give evidence against their husband or wife. So if the divorce is finalised by the time of trial, could it be that she is planning to give evidence to support the Prosecution case further????

 

[kittythehare]

4) 9/19 Schizophrenia Spectrum and Other Psychotic Disorders DSM pp. 87-122 Movie: Beautiful Mind (2001) Clinical Interviewing Group diagnostic assessment from movie Chapter 7 Beautiful Mind

https://www.winona.edu/counseloreducation/Images/CE650_Syllabus_Fall_2013.pdf

Further reading Review - A Beautiful Mind - Schizophrenia

A Beautiful Mind:Case Study of John Nash

from this link- text
Schizophrenia - DSM 5
A.Two or more of the following, each present for a significant portion of time during a month period

• Delusions
• Hallucinations
• Disorganised Speech
• Grossly disorganised behaviour
• Negative symptoms.

It's a very comprehensive article, it's very good.

 

[dm92]

My questions, also. Who is deciding to use the schizophrenia and "other" psychotic disorders defense for the penalty phase? BC or his public defenders? Why at this late date? What about his mother's pregnancy diet defense? Is he claiming her diet caused schizophrenia and psychosis? Funny how his psychosis was never noticed during his first 27 years and grad school career. Does this mean he is expecting to be convicted and is planning to fight for a lesser sentence, or for housing in a psychiatric unit rather than a regular federal prison cell?

Don't read into the penalty phase machinations as an admission of guilt. They have a lot of work to do to prepare for a proper defense in the penalty phase. Months of work. Penalty phase usually begins within weeks after a guilty verdict, so if they were to wait and start preparing for the penalty phase *after* the verdict, they would not have time to prepare a proper defense for him. Thus, the defense is put in the weird-looking position of having to prepare for the penalty phase while at the same time, they are preparing for the case-in-chief. Having to do these preparations concurrently gives the impression of an admission of guilt, but it is NOT.

One of the Defense motions recently filed sheds some light into 1) what his defense for the penalty phase will entail, and 2) gives a little more indication as to what the prosecution is going to allege he did to her RE: torture/serious physical abuse. It is docket entry 179. I'll try to write a little more about it in the coming days..... if someone else doesn't look at it and do it first......

 

[Niner]

@dm92 - is it this one?

Docket# 179

Dec 7, 2018

Amended MOTION in Support of Defendant's Proposed Supplement to the Joint Jury Questionnaire by Brendt A Christensen. (Pollock, Elisabeth) (Additional attachment(s) added on 1/18/19 as ordered at 1/18/19 motion hearing: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (TC, ilcd). (Entered: 12/07/2018)

Main Document

Motion for Miscellaneous Relief

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

 

[dm92]

@dm92 - is it this one?

Docket# 179

Dec 7, 2018

Amended MOTION in Support of Defendant's Proposed Supplement to the Joint Jury Questionnaire by Brendt A Christensen. (Pollock, Elisabeth) (Additional attachment(s) added on 1/18/19 as ordered at 1/18/19 motion hearing: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (TC, ilcd). (Entered: 12/07/2018)

Main Document

Motion for Miscellaneous Relief

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

Yes. This motion details why they want some case-specific questions included in the questionnaire for potential jurors. The exact proposed questions are sealed, but in their argument for why the want them included, there are topics discussed that further suggest what BC may have done to her, and topics discussed that suggest a little of what their mitigating mental health evidence is.

 

[Eleanor Rigby]

Yes. This motion details why they want some case-specific questions included in the questionnaire for potential jurors. The exact proposed questions are sealed, but in their argument for why the want them included, there are topics discussed that further suggest what BC may have done to her, and topics discussed that suggest a little of what their mitigating mental health evidence is.

Thank you for explaining how the penalty phase works, and for being so conscientious in keeping YY's thread up to date with each new legal development. Even though preparing for the penalty phase now is a logistical necessity, I still can't help but think they are preparing for a conviction, especially since the judge denied the defense's various motions related to jurisdiction and suppression of evidence. Is it possible that with the defense appearing to have tried every method possible to keep out evidence, but failed, will prevent an appeal if he is convicted and sentenced to less than the death penalty? I hate to think of yet more years spent on appeals. I so hope that this long, expensive road of legal wrangling eventually leads to justice for YY and some measure of consolation to her family, friends and boyfriend. MOO.

 

[dm92]

Thank you for explaining how the penalty phase works, and for being so conscientious in keeping YY's thread up to date with each new legal development. Even though preparing for the penalty phase now is a logistical necessity, I still can't help but think they are preparing for a conviction, especially since the judge denied the defense's various motions related to jurisdiction and suppression of evidence. Is it possible that with the defense appearing to have tried every method possible to keep out evidence, but failed, will prevent an appeal if he is convicted and sentenced to less than the death penalty? I hate to think of yet more years spent on appeals. I so hope that this long, expensive road of legal wrangling eventually leads to justice for YY and some measure of consolation to her family, friends and boyfriend. MOO.

I’m sure they can read the tea leaves and know a conviction is highly likely, but likely or not, they’d have to be doing this even if they were 100% rock-solid convinced he was innocent. You never know what a jury will do until it does it.

One other tidbit we have regarding likelihood of a conviction: we know there were plea bargain negotiations going on at one point; in the words of the defense, they were “attempting to resolve the matter short of a sentence of death.” You don’t do that if you know your client is innocent and has a really good chance of getting a not guilty verdict.

 

[dm92]

Thank you for explaining how the penalty phase works, and for being so conscientious in keeping YY's thread up to date with each new legal development. Even though preparing for the penalty phase now is a logistical necessity, I still can't help but think they are preparing for a conviction, especially since the judge denied the defense's various motions related to jurisdiction and suppression of evidence. Is it possible that with the defense appearing to have tried every method possible to keep out evidence, but failed, will prevent an appeal if he is convicted and sentenced to less than the death penalty? I hate to think of yet more years spent on appeals. I so hope that this long, expensive road of legal wrangling eventually leads to justice for YY and some measure of consolation to her family, friends and boyfriend. MOO.

EVERY death penalty conviction in the United States is by law automatically appealed, and the appeals process can go on for years, unless at some point the condemned convict waives his right to further utilize the appeal process. I am not well-versed in exactly how it works, but from what I remember reading somewhere, the typical death-row inmate can expect approximately ~14-15 years to pass before their appeals run out -and many last significantly longer.

IF BC is convicted and sentenced to death, he's probably not going to be executed any time soon -and pretty much any ruling made by the judge during the trial or the penalty phase could be appealed to overturn the conviction or the sentencing. Their failures to get things suppressed/thrown out might actually provide some grounds for appeal after the trial is concluded. I doubt they would be successful in getting either things overturned on appeal, but they could draw it out for years and years and years before he is finally executed.

 

[Webthrush]

Was trying to do some further research on "American Psycho" (BC's favorite book), and came up empty, but FWIW while biding time, did stumble across this Wikipedia page on murder convictions when no body is found:
Murder conviction without a body - Wikipedia

 

[kittythehare]

Was trying to do some further research on "American Psycho" (BC's favorite book), and came up empty, but FWIW while biding time, did stumble across this Wikipedia page on murder convictions when no body is found:
Murder conviction without a body - Wikipedia

I put up a direct link to the book itself, where it can be read for free, in past couple of weeks. So, it's here if you want to read it.

 

[Webthrush]

I put up a direct link to the book itself, where it can be read for free, in past couple of weeks. So, it's here if you want to read it.

yeah, I went to your link originally Kitty, but the book is so long I could only skim a few bits, and instead opted to visit websites (there are many) where it is discussed in forums, trying to glean whatever I could. The only thing that sort of got my interest was that at least one victim in the novel is dissolved in an acid bath by the protagonist Bateman (who I assume is BC's hero

 

[kittythehare]

yeah, I went to your link originally Kitty, but the book is so long I could only skim a few bits, and instead opted to visit websites (there are many) where it is discussed in forums, trying to glean whatever I could. The only thing that sort of got my interest was that at least one victim in the novel is dissolved in an acid bath by the protagonist Bateman (who I assume is BC's hero

yeah, I attempted a re-read and I failed dismally. The first time I read it, I think I read it fast, every page was quite shocking in it's coldness and psychopathy... the layout on my link is not really conducive to a relaxing read, I know..

 

[dm92]

Shadid denies defense motion 99, the motion to suppress identification testimony by EH. The prosecution will be able to present her testimony that a white male wearing a black t-shirt and sunglasses approached her in a black sedan claiming to be an undercover cop, and that she identified BC as the one who approached her in a photo lineup.

https://www.courtlistener.com/recap/gov.uscourts.ilcd.70076/gov.uscourts.ilcd.70076.215.0.pdf

 

[kittythehare]

[QUOTGoodE="dm92, post: 14769906, member: 211245"]Shadid denies defense motion 99, the motion to suppress identification testimony by EH. The prosecution will be able to present her testimony that a white male wearing a black t-shirt and sunglasses approached her in a black sedan claiming to be an undercover cop, and that she identified BC as the one who approached her in a photo lineup.

https://www.courtlistener.com/recap/gov.uscourts.ilcd.70076/gov.uscourts.ilcd.70076.215.0.pdf[/QUOTE]
Good, all the little ducks are falling one-by-one. Where is she, though?
If we could just get a hold of list of whatever books were in his cell ? probably evidence though and will be sealed until court.. I think American Psycho will hold significant clues.. if anybody finds a more conducive to read copy free online, maybe we could divide between us the chapters, take a few notes and read them only with yy in mind??? Just a suggestion.. many hands make light work and we're really due a break...

 

[Niner]

Friday, February 1st:
*Conf. on Jury Instructions & Selection 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.
2/1: Conf. on jury instructions & selection; 2/4: Motion #118; 2/8: Motion in limine; 2/11: Motion #119 to be heard; 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.
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.
1/18/19 Update: Motion #118 will be heard on 2/4, Motion #119 will be heard on 2/11. Christensen will be removed from courtroom when EH testifies. Motion #118: to Exclude Expert Testimony Regarding Cadaver Sniffing Canine. Motion #119: to Exclude DNA and Serology Test Results.
1/22/19 Update: Judge Shadid said the search was conducted lawfully (search of apt). Evidence acquired from the search should therefore not be neglected-denied, also denied the motions to suppress the following: Christensen’s activity in jail; statements he made to his girlfriend, wife and law enforcement; recordings of Christensen taped secretly by his girlfriend.
1/29/19 Update: Judge Shadid denies defense motion 99, the motion to suppress identification testimony by EH. The prosecution will be able to present her testimony that a white male wearing a black t-shirt and sunglasses approached her in a black sedan claiming to be an undercover cop, and that she identified BC as the one who approached her in a photo lineup.

 

[dm92]

Conference was held on February 1st regarding the defense's request for more time to conduct their rule 12.2 mental health examination, and to iron out details of the prosecutions rebuttal mental health exam.

Christensen's lawyers get 3 more weeks for mental-health examinations

BC has been given three more weeks to conduct the exam and disclose the results.

The Judge remarked that the trial remains on schedule for April 1st, and thinks it will stay that way -although BC's defense team are still planning on submitting a motion for a further continuance.

Shadid (as with Bruce before him) seems set on getting this thing started on April 1st. He has said that he would be open to delaying it a bit ( on the order of a few weeks...) if necessary to get all the motions and hearings taken care of, but unless the defense has something really big he can't ignore, my guess is he will NOT grant any more continuances...

 

[kittythehare]

Thanks Dm.
Every day they stretch this out is an extra day of agonising hell for YY's parents.
They had sufficient time to meet their earlier deadlines for all his mental health evaluations, varying with each book he reads, the books being cited as examples in his defence submissions. This feels outrageous to me.

 

[Niner]

Monday, February 4th:
*Motion (#118) 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.
2/4: Motion #118; 2/8: Motion in limine; 2/11: Motion #119 to be heard; 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.
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.
1/18/19 Update: Motion #118 will be heard on 2/4, Motion #119 will be heard on 2/11. Christensen will be removed from courtroom when EH testifies. Motion #118: to Exclude Expert Testimony Regarding Cadaver Sniffing Canine. Motion #119: to Exclude DNA and Serology Test Results.
1/22/19 Update: Judge Shadid said the search was conducted lawfully (search of apt). Evidence acquired from the search should therefore not be neglected, also denied the motions to suppress the following: Christensen’s activity in jail; statements he made to his girlfriend, wife and law enforcement; recordings of Christensen taped secretly by his girlfriend; a motion stating the federal death penalty was unconstitutional. (repeat).
1/29/19 Update: Judge Shadid denies defense motion 99, the motion to suppress identification testimony by EH. The prosecution will be able to present her testimony that a white male wearing a black t-shirt and sunglasses approached her in a black sedan claiming to be an undercover cop, and that she identified BC as the one who approached her in a photo lineup.
2/1/19 Update: Judge Shadid gives defense 3 more weeks to conduct the mental health exam and disclose the results.

 

[dm92]

Monday, February 4th:
*Motion (#118) 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.
2/4: Motion #118; 2/8: Motion in limine; 2/11: Motion #119 to be heard; 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.

2/4 hearing was vacated and moved to 2/11. Motion in limine filings still due on 2/11. DNA and cadaver dog searches are on the schedule for 2/11.

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