The parties just went through the preliminary jury instructions that will be read this afternoon. There were plenty of disagreements and issues to be determined later, but still on track to start at 1:30 p.m. (1/11
The defense wants to argue that if just one juror isn't for death, then Christensen will get life. Said many courts allow this, and that if they can't, jurors could unnecessarily change mind bc they're worried about having a hung jury.
Judge Shadid said for the preliminary instruction, he'll tell them to try to reach unanimous decsion either way. Will decide later about final jury instructions (3/
They went over the defense's list of 54 mitigating factors, or reasons Christensen shouldn't receive death penalty, which range from his alcoholic
mother to no criminal history to allegedly not receiving proper care at the UI Counseling Center. (4/11)
Judge Shadid generally allowed these, even ones about Christensen's prior mental health issues, despite the defense dropping their mental-health defense. Said he was being very lax.
However, Shadid warned the defense to be careful about connecting a previous diagnosis with Christensen's mental health on June 9, 2017, when he kidnapped and killed Ms. Zhang. (6/1
Defense said they also have texts showing Christensen was suffering from the same symptoms he had previoulsy sought help for leading up to June 9 (7/11)
Judge Shadid modified some language about the UI Counseling Center's treatment of Christensen, eg, from "failed" to "did not" develop a treatment and safety plan. (8/
They're still trying to figure out how evidence of the plea negotiations will get in, as defense has no one to testify that's not a lawyer and it's unclear if they agree on a stipulation of the facts. (9/1
Shadid allowed a few that were more arguments than mitigating factors, eg, "All lives are valuable, including Brendt Christensen's life," and, "Executing Brendt will not undo the harm and suffering he has caused Ms. Zhang’s family and loved ones." (10/11)
en Zigterman @bzigterman 11m11 minutes ago
Jury returns at 1:30 for opening statements. Here's our live report:
https://www.news-gazette.com/news/live-christensen-sentencing-phase-day/article_da3b9620-a197-11e9-8c82-27cd62fda652.html … (11/11)