Deceased/Not Found IL - Yingying Zhang, 26, Urbana, 9 June 2017 #4 *Arrest*

[Skigirl]

I don't know why I didn't notice this before, but the criminal complaint tries to make a case for FBI involvement and, I guess, for federal jurisdiction, by emphasizing interstate commerce. Maybe this is what the FBI always does -- emphasizes evidence that would make justify their jurisdiction?

For example,

"13. ...The SUBJECT VEHICLE was determined to be a Saturn Astra, a means, facility, and instrumentality of Interstate Commerce...

"20. ...Numerous electronic items were collected, including several computers and a cellular telephone belonging to CHRISTENSEN (hereinafter referred to as "SUBJECT PHONE"), all of which are a means, facilities, and instrumentalities of Interstate Commerce...

"23. Pursuant to the search warrant, a forensic examination was conducted on the SUBJECT PHONE...This phone, a means, facility, and instrumentality of Interstate Commerce..."

IMO, interstate commerce is pretty weak as an argument for a federal case since by this definition, any phone, computer, or car would be a means of interstate commerce and it's hard to think of many crimes these days that don't involve one of those items or something else that was manufactured out of the state in which the crime was committed.

The other thing I noticed this time that I did not notice the last time(s) I read the complaint is that SUBJECT PHONE is a defined term that includes all of the electronic devices they seized, including several computers. Later in the complaint when they call out the fetish sites he visited, it's impossible to know which device, whether it was actually his phone or one of his computers, accessed Fetlife, because the reference is to the defined term, 'SUBJECT PHONE'.

 

[Deleted member 102539]

Does someone know BC's car fleet? Something maroon coloured within?? Does there ring a bell when I speak of a maroon Pick-up?
Does someone know BC's winter clothing? Someone knows of an orange/ochre beanie (all one colour) and black jacket?

 

[Skigirl]

The Chinese media have reportedly been lying/exaggerating the truth in relation to this case, so until we hear it from an alternate source im going to be wary

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It is pretty hard to imagine that YZ just up and decided to relocate to a small town to peddle jewelry, for sure.


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[darring21]

I don't know why I didn't notice this before, but the criminal complaint tries to make a case for FBI involvement and, I guess, for federal jurisdiction, by emphasizing interstate commerce. Maybe this is what the FBI always does -- emphasizes evidence that would make justify their jurisdiction?

For example,

"13. ...The SUBJECT VEHICLE was determined to be a Saturn Astra, a means, facility, and instrumentality of Interstate Commerce...

"20. ...Numerous electronic items were collected, including several computers and a cellular telephone belonging to CHRISTENSEN (hereinafter referred to as "SUBJECT PHONE"), all of which are a means, facilities, and instrumentalities of Interstate Commerce...

"23. Pursuant to the search warrant, a forensic examination was conducted on the SUBJECT PHONE...This phone, a means, facility, and instrumentality of Interstate Commerce..."

IMO, interstate commerce is pretty weak as an argument for a federal case since by this definition, any phone, computer, or car would be a means of interstate commerce and it's hard to think of many crimes these days that don't involve one of those items or something else that was manufactured out of the state in which the crime was committed.

The other thing I noticed this time that I did not notice the last time(s) I read the complaint is that SUBJECT PHONE is a defined term that includes all of the electronic devices they seized, including several computers. Later in the complaint when they call out the fetish sites he visited, it's impossible to know which device, whether it was actually his phone or one of his computers, accessed Fetlife, because the reference is to the defined term, 'SUBJECT PHONE'.

I saw that, too. Additionally, they had his car, had searched his apartment and electronic devices and hadn't arrested him. So, I'm assuming they did not feel they had enough evidence for an arrest. It was only after the audio recorded confession that I assume happened at the vigil and then it's federal charges. Seems peculiar.

 

[neesaki]

Someone replied to my post claiming they did not believe this witness and believing B.C. fooled everyone but I don't buy it. Sure, lots of people would've missed this man was a creep but I bet some observant people a long the way caught on. To me, a creepy walk is one of those stiff, macho walks when someone is doing too much or trying too hard to prove their toughness. Reports say he worked out everyday and posters here have commented on the size of his arms. I bet this creepy walk is one of those certain men have that is meant to show how built they are, how strong they are, which is creepy as hell and indicative of someone who is dreadfully insecure and has bought into a toxic masculinity persona and dominance as way of life (pun intended).

I must have missed that about the size of his arms, they look normal size to me. I was actually surprised that he supposedly works out as much as he does. I wonder what is meant by a creepy walk, all I can envision is a zombie walk, lol .

 

[Elainera]

I saw that, too. Additionally, they had his car, had searched his apartment and electronic devices and hadn't arrested him. So, I'm assuming they did not feel they had enough evidence for an arrest. It was only after the audio recorded confession that I assume happened at the vigil and then it's federal charges. Seems peculiar.

bbm - that's a very good point! Now I get worried that the lawyers manage to have the tape recording thrown out ...

 

[MomminIt]

Anybody else think the sighting in Salem could be a huge part of bc's defense?

 

[rpgman]

I must have missed that about the size of his arms, they look normal size to me. I was actually surprised that he supposedly works out as much as he does. I wonder what is meant by a creepy walk, all I can envision is a zombie walk, lol .

agreed...if he's working out everyday, he must be doing it for strength and fitness not necessary for bigger muscles...I'm willing to bet even though he's not that built, that he's very strong.

 

[GigTu]

Yingying is in America as a foreign visitor on a student visa. That's the only reason needed to involve the FBI.

 

[totesmagoat]

Anybody else think the sighting in Salem could be a huge part of bc's defense?

I thought about that too. I hope the FBI investigates it thoroughly and finds the person.

MOO


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[Russian Blue]

Yingying is in America as a foreign visitor on a student visa. That's the only reason needed to involve the FBI.

The first reason is that it was determined to be a kidnapping. That makes it a federal case, hence the FBI involvement.

 

[Webthrush]

I saw that, too. Additionally, they had his car, had searched his apartment and electronic devices and hadn't arrested him. So, I'm assuming they did not feel they had enough evidence for an arrest. It was only after the audio recorded confession that I assume happened at the vigil and then it's federal charges. Seems peculiar.

Yes, that delay in arrest seems very peculiar... I've assumed all along that FBI has much more forensic evidence than they've divulged -- but then why not arrest earlier? The circumstantial case they've released publicly is weak (in the hands of a good defense attorney). They need a body and a lot more physical evidence... I still assume they have it, but am getting more nervous about it!

 

[Skigirl]

The first reason is that it was determined to be a kidnapping. That makes it a federal case, hence the FBI involvement.

Are you sure about that? That kidnapping automatically gives the FBI jurisdiction?


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[roche.analisa]

Are you sure about that? That kidnapping automatically gives the FBI jurisdiction?


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Extensively discussed previously. Interstate transport is assumed in kidnapping cases, so federal jurisdiction.

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[Skigirl]

Extensively discussed previously. Interstate transport is assumed in kidnapping cases, so federal jurisdiction.

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I recall the discussion, I just do not recall that it was resolved.

ETA: any experts here? Looks to me like the Lindberg law says the FBI can step in IF the kidnappers cross state lines. I don't see anything about it being assumed: www.wikipedia.com/wiki/Federal_Kidnapping_Act

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[Deleted member 192280]

IMO the alleged Salem sighting of "YY" selling jewelry one week after abduction is, in every shape and form, a mistaken identity. It makes absolutely no sense whatsoever. The only part that makes people consider it was because more than one person reported it and all with certainty. There's no logic in it.

 

[Mercedes]

Yingying is in America as a foreign visitor on a student visa. That's the only reason needed to involve the FBI.

Link?

 

[darring21]

Federal jurisdiction over kidnapping extends to the following situations: (1) kidnapping in which the victim is willfully transported in interstate or foreign commerce; (2) kidnapping within the special maritime and territorial jurisdiction of the United States; (3) kidnapping within the special aircraft jurisdiction of the United States; (4) kidnapping in which the victim is a foreign official, an internationally protected person, or an official guest as those terms are defined in 18 U.S.C. § 1116(b); (5) kidnapping in which the victim is a Federal officer or employee designated in 18 U.S.C. § 1114; and (6) international parental kidnapping in which the victim is a child under the age of 16 years.

https://www.justice.gov/usam/criminal-resource-manual-1034-kidnapping-federal-jurisdiction

I don't see anywhere where all kidnapping is assumed to cross state lines.

 

[Spellbound]

Federal jurisdiction over kidnapping extends to the following situations: (1) kidnapping in which the victim is willfully transported in interstate or foreign commerce; (2) kidnapping within the special maritime and territorial jurisdiction of the United States; (3) kidnapping within the special aircraft jurisdiction of the United States; (4) kidnapping in which the victim is a foreign official, an internationally protected person, or an official guest as those terms are defined in 18 U.S.C. § 1116(b); (5) kidnapping in which the victim is a Federal officer or employee designated in 18 U.S.C. § 1114; and (6) international parental kidnapping in which the victim is a child under the age of 16 years.

https://www.justice.gov/usam/criminal-resource-manual-1034-kidnapping-federal-jurisdiction

I don't see anywhere where all kidnapping is assumed to cross state lines.

I believe the first reference is what makes this a Federal Case at this point, but it was discussed previously quite extensively here. You can find that discussion in thread #3, around post# 650+ ( http://www.websleuths.com/forums/sh...Zhang-26-Urbana-9-June-2017-3-*Arrest*/page14 )

(1) kidnapping in which the victim is willfully transported in interstate or foreign commerce;.

if you read the official Conplaint document, they reference interstate or foreign commerce several times.

 

[darring21]

Is a student on a foreign visa considered a foreign official or official guest?

From Cornell Law (excerpted)

(3) “Foreign official” means—

(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and

(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.

(4) “Internationally protected person” means—

(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or

(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.

(6) “Official guest” means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.

https://www.law.cornell.edu/uscode/text/18/1116

It doesn't seem so. Do they have evidence he took her across state lines? They didn't mention that is the charging document. It was all about the car and phone could be used in interstate commerce (as mentioned by others earlier). I also assume they have more evidence but at this point... peculiar.