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

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Shadid issued his order on the rule 12.2 mental health examination issues -both BC's request for an extension to have an additional testing done, and the Government's rebuttal examination proposal.

https://www.courtlistener.com/recap/gov.uscourts.ilcd.70076/gov.uscourts.ilcd.70076.220.0.pdf

Of interest: I hadn't seen it reported in the press, but BC evidently used mental health counseling at UIUC, and possibly at Wisconsin. The government has tried to access his mental health records from these institutions, but they have refused to turn them over due to patient confidentiality laws. In this ruling, Shadid ordered these institutions to turn over the records -although they will first be held by a firewall counsel, and only turned over to the government in the event of a conviction.

Also, I saw it in another filing, but it I don't think it was mentioned here. BC was moved to the Livingston County jail from Macon County in order to take advantage of mental health services available at the Livingston County facility that were not available at the Macon County jail.
 
dm92, I hadn't seen any mention anywhere about him using mental health counselling. Wonder why he was in need of that. It would be good to know if it had anything to do with his warped way of life.
 
altojack said:
dm92, I hadn't seen any mention anywhere about him using mental health counselling. Wonder why he was in need of that. It would be good to know if it had anything to do with his warped way of life.
Click to expand...


I'm pretty sure that mention of it was in one of the government's filings in the back and forth about the Rule 12.2 issues. They mentioned requesting any records regarding BC's use of mental health counseling at UIUC, and UIUC refusing in the absence of a court order. They also disclose that BC was moved to Livingston County in order to access mental health services that were unavailable in the Macon County facility. If I have time, I will see if I can find which docket filing discloses this......
 
Thank you dm, I must has missed it initially as must admit I was so surprised to see it mention up post.
 
This isn't vitally important to know, but I'm a little confused if anyone can clarify:
Am surprised to hear there weren't mental health services BC could access in Macon County, but if that's so why didn't they just move him to Peoria where the trial will soon be, rather than Livingston? (I assume they'll move him to Peoria for trial attendance, or no?)

Also, from what you've written dm92 is it your sense that the Defense will be offering an "innocent" plea at trial, and is gathering this mental health stuff just to have on hand ahead-of-time at sentencing in the event of conviction, or is it still possible they're heading toward an insanity plea from the get-go? (or, we just don't know)
 
Webthrush said:
This isn't vitally important to know, but I'm a little confused if anyone can clarify:
Am surprised to hear there weren't mental health services BC could access in Macon County, but if that's so why didn't they just move him to Peoria where the trial will soon be, rather than Livingston? (I assume they'll move him to Peoria for trial attendance, or no?)

Also, from what you've written dm92 is it your sense that the Defense will be offering an "innocent" plea at trial, and is gathering this mental health stuff just to have on hand ahead-of-time at sentencing in the event of conviction, or is it still possible they're heading toward an insanity plea from the get-go? (or, we just don't know)
Click to expand...


He has plead not guilty, and there will not be any mental health defense offered during the guilt phase of the trial. Per earlier filings as required by court-imposed deadlines, they are NOT going to attempt an Atkins Defense, nor are they going for an insanity defense during the guilt phase of the trial. All of the mental health testing issues they are arguing over now have to do with the sentencing phase. IF he is found guilty, they will be arguing that mental health issues are mitigating factors that should spare him from receiving the death penalty.

Again, it can seem odd to be debating and doing hearings on factors impacting the sentencing phase before the trial has even begun, but this all is a result of the sentencing phase of the trial following so closely after the delivery of a verdict in the guilt phase. To perform a proper legal defense in a death penalty case, the defense has to do months of work on a client's background and mental health -and there is no earthly way they can do a thorough, proper job if they were to wait for a verdict in the guilt phase before beginning the work to try and spare him from being executed.
 
Webthrush said:
it opened fine for me without a subscription? I don't have time at moment to give synopsis, but try again; if it still won't open & no one else offers synopsis I'll try to find time this evening (fair amount of new info):
Prosecutors: Evidence of handprint-shaped bloodstains found in Christensen's apartment
Click to expand...

Thanks for that link above - here's a bit from the article:

An FBI biologist will testify at trial that she identified Ms. Zhang's DNA in Christensen's bedroom and the possible presence of blood in his bedroom and bathroom, his lawyers said in August.
 
Also - there is an article below the one I quote.

U.S. District Judge James Shadid approved a list of about 120 questions Wednesday that potential jurors will have to answer before deciding the fate of Brendt Christensen.
[.....]
Now the court has to decide how the jury will be selected after they fill out their questionnaires.

Jury selection is scheduled to begin April 1 and could last several days to several months.
[.....]
In some federal capital cases cited by prosecutors, jury selection has ranged from as short as three days to as long as more than four months.
 
Niner said:
Unfortunately you have subscribe to this article. Anyone have an account? And can give a 10% synopsis on this?

TIA! :)
Click to expand...

I will take a look. I will also read the actual docket filing, as that might have more info not in the paper article

Basically, it sounds like through luminol testing, they found blood splattering and bloody palmprints in locations that are consistent with activitjes BC described to informants. The cleaning BC did did not allow them to detect her DNA in the blood stains, but they were still able to detect her DNA in other samples from the apartment.

This also explain s the prosecution request for BC's palmprints. So, it seems likely to me that everything occurred in the apartment....
 
From the government filing (it is not yet up on CourtListener):

Moreover, in the context of the other evidence in this case, the results of these presumptive tests is highly relevant. First, where enough evidence remained for testing, the presumptive testing identifying blood was confirmed by later testing and corroborated by the results of DNA testing. Second, the identification, location, and pattern of the blood (including human hand prints) were consistent with the defendant’s own later recorded statements as to what occurred in the apartment. Third, the evidence will show the defendant took extensive steps to clean the apartment after his alleged offense, thereby preventing confirmatory testing, but leaving trace amounts that were detected by the preliminary testing.

.............

Here, the blood was not identified as a small stain on the bottom of a shoe; it was identified in significantly larger areas, including handprints, in the defendant’s apartment. Some of the samples have been positively identified as blood (through confirmatory testing) with the victim’s DNA located in those same samples. Moreover, unlike in Moody, the other evidence in the case, including the defendant’s own statements, establish the presence of the victim’s blood, making the presumptive test results tending to establish the location of the blood highly relevant.


So, while some of the blood could only be presumed to be blood via Luminol, other samples were confirmed to be blood by secondary testing, AND some contained her DNA -and the location and pattern match his statements to informants.

You're screwed, Brendt........

With this filing, and some of the info in docket filing 179 by the defense, it is becoming clear what he did..

https://www.courtlistener.com/recap/gov.uscourts.ilcd.70076/gov.uscourts.ilcd.70076.179.0.pdf

See page 12 and 13. Note the text in a red box on page 12: "Rape with permanent injury to the victim."
 
were you able to open it? i do not have a subscription to it and had no issues opening.
just in case you couldnt open it....


Prosecutors: Evidence of handprint-shaped bloodstains found in Christensen's apartment

PEORIA — Prosecutors said Wednesday that evidence of handprint-shaped bloodstains was found in the apartment of Brendt Christensen, who is accused of kidnapping and killing visiting University of Illinois scholar Yingying Zhang.

Ms. Zhang, from China, was last seen June 9, 2017, entering Christensen's car near a bus stop on campus and is presumed dead by the FBI.

While Christensen told the FBI that he let Ms. Zhang out of his car a few blocks away, prosecutors said shortly after he was arrested that they have tapes of Christensen describing how he kidnapped Ms. Zhang and carried her back to his apartment, how she "fought and resisted against him" and how he restrained her.

Now, prosecutors say they have recordings that Christensen "engaged in conduct that would result in her bleeding in the apartment."

They also said Wednesday that "the evidence will show the defendant took extensive steps to clean the apartment after his alleged offense, thereby preventing confirmatory testing, but leaving trace amounts that were detected by the preliminary testing."

Prosecutors said "the identification, location and pattern of the blood (including human handprints) were consistent with the defendant's own later recorded statements as to what occurred in the apartment."

Prosecutors had Christensen's girlfriend wear a wire and surreptitiously record his conversations in the two weeks leading up to his arrest June 30, 2017. Law enforcement also interviewed him twice before his arrest.

U.S. attorneys were responding Wednesday to a motion filed by Christensen's lawyers in August seeking to exclude both certain blood tests and a hearing about the reliability of the DNA and blood testing used.

A hearing is currently scheduled for Monday on that, as well on the reliability of a cadaver-sniffing canine which, according to the defense, alerted to the presence of a body in Christensen's bathroom.

An FBI biologist will testify at trial that she identified Ms. Zhang's DNA in Christensen's bedroom and the possible presence of blood in his bedroom and bathroom, his lawyers said in August.

The presence of blood was found, but not confirmed with more testing, on his mattress, bathroom sink trap and bedroom wall and floor, Christensen's lawyers said.

The presence of blood was confirmed on a piece of carpet and a piece of baseboard, they said.

His lawyers want the unconfirmed results excluded from the trial, which is scheduled to begin in April.

Prosecutors argued Wednesday that the blood tests don't need to be conclusive to be included at trial, but instead only need to make an important fact more or less probable.

"The results of the luminol testing in this case make it more probable that blood was found in the defendant's apartment," they wrote, especially when considered with other factors.

They said there's "substantial evidence tending to establish that the blood is the victim’s blood, including DNA testing, the defendant’s own statements, and the shape, pattern, and location of the stains revealed through the use of luminol."

They also argue that the blood testing has been a "standard confirmatory test for blood for over 100 years" and that "every court to have considered the issue has found that" the DNA tests used "are scientifically reliable and the results admissible."

Because of this, they argued that Monday's hearing is unnecessary.

Questions for potential jurors OK'd
PEORIA — U.S. District Judge James Shadid approved a list of about 120 questions Wednesday that potential jurors will have to answer before deciding the fate of Brendt Christensen.

Their answers will help Shadid and the lawyers for both sides pick an impartial jury in April that they hope can fairly decide whether Christensen is guilty, and if so, whether he deserves the death penalty.

The questions include everything from what books they like to read to what online dating apps they've used.

Shadid mostly stuck with the questions previously agreed to, adding two requested by the defense and one by the prosecutors.

These include:

— Have you formed an opinion regarding the guilt or innocence of Mr. Christensen based on what you have seen, read or heard? If yes, what is your opinion?

— Have you formed an opinion regarding the appropriate punishment for Mr. Christensen based on what you have read, seen, heard or discussed? If yes, what is your opinion?

— Which of the following best describes your feelings about the death penalty? (The eight possible answers given range from complete opposition to the death penalty to no opinion to strongly in favor of capital punishment.)

The answers to these and the other questions will help determine whether a potential juror should be disqualified from serving.

"Potential jurors who would automatically vote for or against the death penalty must be disqualified," Shadid wrote Wednesday.

During jury selection, which is also called voir dire, each side gets to argue to Shadid that certain jurors should be struck for cause. Then they also each get to strike 20 jurors without cause.

"The purpose of the questionnaire is to identify and disqualify those who are plainly unable to be impartial and also to elucidate the views and opinions of those who remain," Shadid wrote. "In this respect, the questionnaires assist the court and counsel with the task of deciding which of those in the venire should be struck for cause, inform counsel as to potential topics for follow-up questioning during individual voir dire, and guide counsel's later decision to exercise a peremptory challenge."

Many of the questions are obviously relevant, such as whether the potential jurors know anyone involved in the case and if they have any ailments that would affect their ability to serve, but others are seemingly unrelated, including:

— Would you consider yourself to be a leader?

— Have you ever made posts to YouTube, Reddit or other such sites?

— And how often do you attend a place of worship?

Lawyers can't strike a juror because of their race or gender, so the many questions can give lawyers a race- or gender-neutral reason for doing so.

Shadid denied the defense's request to have potential jurors fill out the questionnaires at the courthouse in Peoria, where the trial is going to be.

Because he didn't include some of the sensitive questions the defense wanted to include in the questionnaire, he said filling them out at the courthouse wouldn't be necessary.

Instead, potential jurors will fill out the questionnaires online if they receive a jury summons in the mail.

Now the court has to decide how the jury will be selected after they fill out their questionnaires.

Jury selection is scheduled to begin April 1 and could last several days to several months.

In a motion filed early Wednesday evening, prosecutors argued for potential jurors to be questioned as part of a panel, instead of individually, as the defense has asked for.

In some federal capital cases cited by prosecutors, jury selection has ranged from as short as three days to as long as more than four months.
 
Bavarian said:
were you able to open it? i do not have a subscription to it and had no issues opening.
just in case you couldnt open it....


Prosecutors: Evidence of handprint-shaped bloodstains found in Christensen's apartment

PEORIA — Prosecutors said Wednesday that evidence of handprint-shaped bloodstains was found in the apartment of Brendt Christensen, who is accused of kidnapping and killing visiting University of Illinois scholar Yingying Zhang.

Ms. Zhang, from China, was last seen June 9, 2017, entering Christensen's car near a bus stop on campus and is presumed dead by the FBI.

While Christensen told the FBI that he let Ms. Zhang out of his car a few blocks away, prosecutors said shortly after he was arrested that they have tapes of Christensen describing how he kidnapped Ms. Zhang and carried her back to his apartment, how she "fought and resisted against him" and how he restrained her.

Now, prosecutors say they have recordings that Christensen "engaged in conduct that would result in her bleeding in the apartment."

They also said Wednesday that "the evidence will show the defendant took extensive steps to clean the apartment after his alleged offense, thereby preventing confirmatory testing, but leaving trace amounts that were detected by the preliminary testing."

Prosecutors said "the identification, location and pattern of the blood (including human handprints) were consistent with the defendant's own later recorded statements as to what occurred in the apartment."

Prosecutors had Christensen's girlfriend wear a wire and surreptitiously record his conversations in the two weeks leading up to his arrest June 30, 2017. Law enforcement also interviewed him twice before his arrest.

U.S. attorneys were responding Wednesday to a motion filed by Christensen's lawyers in August seeking to exclude both certain blood tests and a hearing about the reliability of the DNA and blood testing used.

A hearing is currently scheduled for Monday on that, as well on the reliability of a cadaver-sniffing canine which, according to the defense, alerted to the presence of a body in Christensen's bathroom.

An FBI biologist will testify at trial that she identified Ms. Zhang's DNA in Christensen's bedroom and the possible presence of blood in his bedroom and bathroom, his lawyers said in August.

The presence of blood was found, but not confirmed with more testing, on his mattress, bathroom sink trap and bedroom wall and floor, Christensen's lawyers said.

The presence of blood was confirmed on a piece of carpet and a piece of baseboard, they said.

His lawyers want the unconfirmed results excluded from the trial, which is scheduled to begin in April.

Prosecutors argued Wednesday that the blood tests don't need to be conclusive to be included at trial, but instead only need to make an important fact more or less probable.

"The results of the luminol testing in this case make it more probable that blood was found in the defendant's apartment," they wrote, especially when considered with other factors.

They said there's "substantial evidence tending to establish that the blood is the victim’s blood, including DNA testing, the defendant’s own statements, and the shape, pattern, and location of the stains revealed through the use of luminol."

They also argue that the blood testing has been a "standard confirmatory test for blood for over 100 years" and that "every court to have considered the issue has found that" the DNA tests used "are scientifically reliable and the results admissible."

Because of this, they argued that Monday's hearing is unnecessary.

Questions for potential jurors OK'd
PEORIA — U.S. District Judge James Shadid approved a list of about 120 questions Wednesday that potential jurors will have to answer before deciding the fate of Brendt Christensen.

Their answers will help Shadid and the lawyers for both sides pick an impartial jury in April that they hope can fairly decide whether Christensen is guilty, and if so, whether he deserves the death penalty.

The questions include everything from what books they like to read to what online dating apps they've used.

Shadid mostly stuck with the questions previously agreed to, adding two requested by the defense and one by the prosecutors.

These include:

— Have you formed an opinion regarding the guilt or innocence of Mr. Christensen based on what you have seen, read or heard? If yes, what is your opinion?

— Have you formed an opinion regarding the appropriate punishment for Mr. Christensen based on what you have read, seen, heard or discussed? If yes, what is your opinion?

— Which of the following best describes your feelings about the death penalty? (The eight possible answers given range from complete opposition to the death penalty to no opinion to strongly in favor of capital punishment.)

The answers to these and the other questions will help determine whether a potential juror should be disqualified from serving.

"Potential jurors who would automatically vote for or against the death penalty must be disqualified," Shadid wrote Wednesday.

During jury selection, which is also called voir dire, each side gets to argue to Shadid that certain jurors should be struck for cause. Then they also each get to strike 20 jurors without cause.

"The purpose of the questionnaire is to identify and disqualify those who are plainly unable to be impartial and also to elucidate the views and opinions of those who remain," Shadid wrote. "In this respect, the questionnaires assist the court and counsel with the task of deciding which of those in the venire should be struck for cause, inform counsel as to potential topics for follow-up questioning during individual voir dire, and guide counsel's later decision to exercise a peremptory challenge."

Many of the questions are obviously relevant, such as whether the potential jurors know anyone involved in the case and if they have any ailments that would affect their ability to serve, but others are seemingly unrelated, including:

— Would you consider yourself to be a leader?

— Have you ever made posts to YouTube, Reddit or other such sites?

— And how often do you attend a place of worship?

Lawyers can't strike a juror because of their race or gender, so the many questions can give lawyers a race- or gender-neutral reason for doing so.

Shadid denied the defense's request to have potential jurors fill out the questionnaires at the courthouse in Peoria, where the trial is going to be.

Because he didn't include some of the sensitive questions the defense wanted to include in the questionnaire, he said filling them out at the courthouse wouldn't be necessary.

Instead, potential jurors will fill out the questionnaires online if they receive a jury summons in the mail.

Now the court has to decide how the jury will be selected after they fill out their questionnaires.

Jury selection is scheduled to begin April 1 and could last several days to several months.

In a motion filed early Wednesday evening, prosecutors argued for potential jurors to be questioned as part of a panel, instead of individually, as the defense has asked for.

In some federal capital cases cited by prosecutors, jury selection has ranged from as short as three days to as long as more than four months.
Click to expand...

Have you ever made a post to You Tube?

Do you regularly attend church?
The hell kinda questions are those????
 
Here we go.....

Because he wants more time for his experts to complete their mental health examinations of him, his defense team is asking for another continuance. This time, they want the trial pushed back until October 2019, or later....


https://www.courtlistener.com/recap/gov.uscourts.ilcd.70076/gov.uscourts.ilcd.70076.226.0.pdf

You know Brendt, if you want to take the death penalty off the table, you could just offer to disclose the location of her remains so her family can take her body home........
 
dm92 said:
Here we go.....

Because he wants more time for his experts to complete their mental health examinations of him, his defense team is asking for another continuance. This time, they want the trial pushed back until October 2019, or later....
https://www.courtlistener.com/recap/gov.uscourts.ilcd.70076/gov.uscourts.ilcd.70076.226.0.pdf

You know Brendt, if you want to take the death penalty off the table, you could just offer to disclose the location of her remains so her family can take her body home........
Click to expand...

So sickening to hear this…
Is there any point at which such delay tactics could bring a charge of obstruction/misconduct (or worse) to the defense lawyers? I s'pose the pain that they’re inflicting on the family counts for nothing, and we just have to put up with this unending joke-and-abuse of the system!?
 
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