GUILTY IL - Yingying Zhang, 26, Urbana, 9 June 2017 #10 *Still Missing*

Discussion in 'Trials' started by liltexans, Jul 2, 2017.

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  1. tresir2012

    tresir2012 Oh! What a tangled web we weave....

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    C/P from the bottom of page 3

    "1 Mr. Christensen may present the testimony of Dr. Peggy Pearson, M.D., a psychiatrist
    employed by the University of Illinois McKinley Health Center, who provided treatment to Mr.
    Christensen in the months preceding his arrest. However, Dr. Pearson’s testimony and records
    are similarly not subject to the notice requirements of Rule 12.2, although once again the
    government has been in possession of Dr. Pearson’s records for months. Nor do they trigger a
    request from the government to evaluate Mr. Christensen. Dr. Pearson’s treatment of Mr.
    Christensen occurred prior to the commencement of this proceeding; it was in no way
    conducted for the purpose of this or any other litigation; and she had no further contact with
    Mr. Christensen following his arrest. Mr. Christensen himself is limited to presenting the
    contents of Dr. Pearson’s records for, due to the passage of time, she has no independent
    recollection of Mr. Christensen; accordingly, the government should only be permitted to rebut
    them in the same manner, through use of the records on cross-examination."

    She has no independent recollection of him. ????? I don't believe that. She would have notes to remind herself and would surely have recognised him. This was a big, big , deal and I thought the change of venue was because people in C-U couldn't forget him.
     
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  2. Laughing

    Laughing Rarely Speechless

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    er cough cough maybe a work camp???

    Someplace reeeeaaallly cold or reeeaaallly hot?

    Rocks to break into gravel with a sledgehammer & all that gym muscle & the anger he used on dear Ms. Zhang?

    JMHO YMMV
     
  3. tresir2012

    tresir2012 Oh! What a tangled web we weave....

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    C/P of all the document

    UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) Crim. No. 17-20037 ) BRENDT A. CHRISTENSEN, ) ) Defendant. )

    RESPONSE TO MOTION TO EXCLUDE IMPROPER OPINION TESTIMONY REGARDING THE DEFENDANT’S MENTAL HEALTH AS A TEENAGER NOW COMES the Defendant, BRENDT A. CHRISTENSEN, by and through his attorneys, and respectfully submits this Response the government’s Motion to Exclude Improper Opinion Testimony Regarding the Defendant’s Mental Health as a Teenager, (R. 403). Mr. Christensen has no intention of eliciting any of the types of opinion evidence that the government seeks to preclude and thus the Motion is moot.

    I. Mr. Christensen Has No Intention of Presenting his Deauthorization Letter at the Penalty Phase. In its Motion, the government seeks to preclude Mr. Christensen from introducing “the unsupported allegations in the March 18, 2019, letter.” (R. 403 at 2.) The government is referring to the letter he sent to the United States Attorney’s Office for the Central District of Illinois and the Capital Case Section of the United States Department of Justice setting forth the bases for “deauthorization,” or withdrawal of

    E-FILED Wednesday, 26 June, 2019
    03:35:24 PM Clerk, U.S. District Court, ILCD 2:17-cr-20037-JES-JEH # 416 Page 1 of 5 2

    the Notice of Intent to Seek the Death Penalty against him. Mr. Christensen has no intention of seeking to introduce that document at trial. The government fails to specify the “unsupported allegations” with respect to which it seeks to preclude Mr. Christensen from introducing evidence in support. Id. at 1-2. Mr. Christensen will not be presenting unsupported allegations at the penalty phase. As noted, (R. 403 at 1), Mr. Christensen has provided the government with hundreds of pages of medical and mental health records, both with the deauthorization letter and through disclosures pursuant to Fed. R. Crim. P. 16. Mr. Christensen may well seek to introduce some or all of those records. Such historical evidence is not subject to the notice requirements of Fed. R. Crim. P. 12.2(b)(2). Even if it were, however, as noted the government has been in possession of these records and aware of their content for months now. It has therefore suffered no prejudice, and the Committee Notes to Rule 12.2 make clear that preclusion of evidence is not warranted for technical notice violations where the government has suffered no harm. See Fed. R. Crim. P. 12.2 comm. n. 2002 ("The rule assumes that the sanction of exclusion will result only where there has been a complete failure to disclose the report. If the report is disclosed, albeit in an untimely fashion, other relief may be appropriate, for example, granting a continuance to the government to review the report."). Nor does the introduction of historical records, many of which relate to family patterns and not to Mr. Christensen himself, give rise to any right of the government to request an evaluation of Mr. Christensen by an expert of their choosing under Rule 12.2(c)(1)(B). Mr. Christensen will present no expert testimony from mental health

    2:17-cr-20037-JES-JEH # 416 Page 2 of 5 3

    professionals who have evaluated him in connection with this proceeding.1 None of the historical evidence, not prepared by the defense in contemplation of litigation, and in no way a proxy for testimony by Mr. Christensen, would license government access to evaluate, interview, or interrogate Mr. Christensen. See Kansas v. Cheever, 571 U.S. 87, 84 (2013). Introduction of historical statements by defendant and his family would not constitute a waiver of the privilege against self- incrimination such that the government would be permitted to call the defendant as a witness to question him on the stand. That, in essence, is what it seeks to do here, in urging that historical records require its expert be permitted a custodial interrogation of Mr. Christensen. The government’s right to evaluate the defendant is strictly limited to rebuttal and it may not be granted access to more evidence than Mr. Christensen himself has. The government is free to challenge any conclusions in the records to the exact same extent that the defense is able to present them.
    1 Mr. Christensen may present the testimony of Dr. Peggy Pearson, M.D., a psychiatrist employed by the University of Illinois McKinley Health Center, who provided treatment to Mr. Christensen in the months preceding his arrest. However, Dr. Pearson’s testimony and records are similarly not subject to the notice requirements of Rule 12.2, although once again the government has been in possession of Dr. Pearson’s records for months. Nor do they trigger a request from the government to evaluate Mr. Christensen. Dr. Pearson’s treatment of Mr. Christensen occurred prior to the commencement of this proceeding; it was in no way conducted for the purpose of this or any other litigation; and she had no further contact with Mr. Christensen following his arrest. Mr. Christensen himself is limited to presenting the contents of Dr. Pearson’s records for, due to the passage of time, she has no independent recollection of Mr. Christensen; accordingly, the government should only be permitted to rebut them in the same manner, through use of the records on cross-examination.

    2:17-cr-20037-JES-JEH # 416 Page 3 of 5 4

    II. Mr. Christensen Has No Intention of Presenting Lay Opinion Regarding his Mental Health at the Penalty Phase. The government further seeks to preclude Mr. Christensen from calling lay witnesses “to speculate about the inner workings of the defendant’s mind or any potential diagnoses.” Id. at 2. Mr. Christensen has no intention of presenting this type of testimony, either. He does expect to call a mitigation specialist for the purpose of introducing the aforementioned historical records of mental health issues in Mr. Christensen and his family, but that mitigation specialist will offer no interpretations, conclusions or opinions regarding the records or their contents. WHEREFORE, Defendant respectfully requests that the Court deny the government’s Motion as moot. Respectfully submitted, /s/Elisabeth R. Pollock /s/ George Taseff Assistant Federal Defender Assistant Federal Defender
     
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  4. kittythehare

    kittythehare Well-Known Member

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    Not yet, unless their answer was in the sealed document they shoved in at 11.30pm last night, uS time.
    On the contrary, it appears as if the defense is talking to itself and they submitted another angry response, to what I cannot glean.. reads as though the prosecution nailed them to their prior agreements regarding insanity plea. And they're hastily denying it with the most vicious of energies I ever saw before.. I seriously questioned my own sanity while reading it a few minutes ago. I posted the link. See what you make of it, I',m thoroughly gobsmacked having followed the trial
     
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  5. kittythehare

    kittythehare Well-Known Member

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    James Nelson has just submitted another sealed document..
    (this is just all so very bows 'n poison arrows combined with bursts of aK47's that it's actually ecoming quite tedious.
    I think it would be good if someone told the pair of them.
    Ultimately I reckon it will be the Judge vs Christensen and their hissyfits and high drama will become highly superfluous.
    (I reckon the judge might well be afraid right now)

    There's not an awful lot of public interest in this trial, they act like they believe they are playing to appreciative millions... snakes vs psychos seems to be the theme.

    The Charleston trial was an awful lot different.
    I was sad to witness the people who were Christians being forced by their own consciences, while being against everything they loved and practiced, to call for death. Extraordinarily fraught too. But, overall I believe it was cathartic. Brought that church closer together, seemed like. Amazing people.
     
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  6. kittythehare

    kittythehare Well-Known Member

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    I would much rather see him receiving an exorcism right now and abandon the sham trial because it's only feeding his entity.
    Either that or they are ALL insane.
    And contagious.
     
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  7. kittythehare

    kittythehare Well-Known Member

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  8. trunkizback

    trunkizback Well-Known Member

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    So what I'm hearing here is the defense is allowed to decide who and what speaks at the penalty trial? Kitty, I don't think the judge is even mildly afraid. I suspect he might just give the defense the spanking they so richly deserve.
    I truly do not understand the inner workings of the U.S. trial system, but this defense team has got to be teetering on the edge of contempt of court.
     
  9. kittythehare

    kittythehare Well-Known Member

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    They're way too smart for that.
    They're not stupid people, they're highly strategic and focused.
    It's just that they appear to be doing the wrong thing for the wrong reasons.
    A young girl had her life and spirit ripped out of her.
    Micro reflects the macro.
    She needs to be given ultimate respect by all parties here and there's not a single piece of evidence that that is what's happening.
     
  10. kittythehare

    kittythehare Well-Known Member

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  11. kittythehare

    kittythehare Well-Known Member

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  12. kittythehare

    kittythehare Well-Known Member

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    I just received an email from courtListener stating there has been a submission.
    No, 418 There is no clue who submitted and it is merely described as 'STRIKE'
    When I klikt on the link and went to the website there was no sign of it there.
    Thats a bit weird because I think some things escaped today , were meant to be sealed and someone forgot...
     
  13. kittythehare

    kittythehare Well-Known Member

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    Last edited: Jun 26, 2019
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  14. kittythehare

    kittythehare Well-Known Member

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  15. trunkizback

    trunkizback Well-Known Member

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    Kitty, do you ever sleep? Lol
     
  16. dm92

    dm92 Well-Known Member

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    They make a big point of YY being basically an average-sized woman -while totally disregarding the fact that BC was half a foot taller (or more) and was double her weight, and a significant amount of that weight was muscle.
     
  17. dm92

    dm92 Well-Known Member

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    They are being misleading in this:
    Lawyers for the one-time doctoral student say after he was arrested he offered to divulge where her remains are in exchange for a life sentence. It was a deal never consummated.

    1) Six months after he was arrested, probably right after he got notice of the DNA evidence that sealed his fate...

    2) He did NOT offer to divulge where her remains are. He offered to give investigators information on what he did with them, and presumably that would allow them to target their searches. After further inquiry into the offer by prosecutors on behalf of YY's family, he made it clear that there was no way to independently verify the information he would give them, and that he could not promise that her remains would be recovered.
     
  18. dm92

    dm92 Well-Known Member

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    Ay F'N Carumba..... Media..... &*@(!!&^$$##

    NO, He did *NOT* offer to locate the body. He offered information on what he did. When pressed further for clarification by prosecutors at the urging of YY's family, he told them that the info he would give them could not be verified, and that he could not promise that the remains would be recovered.
     
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  19. trunkizback

    trunkizback Well-Known Member

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    DM. Is the jury sequestered? Are they seeing all this? If I were a juror it would make me think even less about the defense. If that were even possible!
     
    Last edited: Jun 26, 2019
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  20. dm92

    dm92 Well-Known Member

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    No, the Jury is not sequestered. They have instructions to not watch or read any media on the case (which I would assume that means that none of them are lurking here [unfortunately] as well), and I would assume that order applies to the interval between the guilt phase and the penalty phase. Interestingly, I wonder if that also applies to following court filings in this case as well...........
     
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