Deceased/Not Found IL - Yingying Zhang, 26, Urbana, 9 June 2017 #7 *Arrest*

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crhedBngr said:
Beautiful! Thanks for sharing.
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I'll take a few more and post them once it is all finished, unless someone else does it first. It looks like all that is left is for them to finish installing the pavers/path, add the bench and finish the edging. I think there is also supposed to be a rock or a marker of some kind next to the bench with an inscription as to what the garden is for. It shouldn't be much longer, as there is supposed to be a dedication ceremony, and I think it was scheduled for October 11th.
 
Friday, September 21st:
*Defense Deadline Hearing (@ ET) - IL - Yingying Zhang (26) missing on June 9, 2017 - 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.
9/21: Def. deadline to give notice of intent to offer Atkins defense; 9/28: Motion to examine Defendant if 9/21 motion is filed; 10/16: Responses to pretrial motions; 11/16: Hearing on objections to Juror questionnaire; 12/14, 17, 18 & 19: Hearing on pretrial motions & jury questions; 1/4/19: Submission of proposed jury questionnaire; 1/11: Jury questionnaire mailed; 1/18: Objections to jury instructions; 2/1: Conf. on jury instructions & selection; 2/8: Motion in limine; 3/1: Response to Motion in limine; 3/4: Motion to strike potential jurors; 3/11: Pretrial Conf.; 3/25: Final Pretrial Conf.; 4/2: Jury Orientation; 4/3: Jury Selection begins; 4/9: Trial begins, which should last about 5 weeks.
7/13/18 Update: Defense files Motion for Order Required Gov’t to Comply w/Rule 12(b)(4)(B), pursuant to 4th, 5th, 6th & 8th Amendments. Calls for evidence that will be used in case-in-chief @ guilty or penalty trial where evidence maybe subject to motion to suppress.
8/16/18 Update: Judge Bruce issued an order denying the motion by BC's defense team that the government provide documents detailing any communication between the White House and the DOJ or Trump and Xi regarding this case. Also denied their motion that the government provide more detail of the evidence they will use in support of the aggravating factors.
8/24/18 Update: 24 motions filed by defense. Motion filed re reliability of DNA & blood testing used, seeking to suppress evidence, dismiss the main charge against their client and declare the federal death penalty unconstitutional. In a motion questioning why this case is a federal matter, Christensen's lawyers disclosed more information about his search of abduction fantasies on a fetish website, a detail they say is "overblown, hyperbolic, and misrepresentative of the facts." Christensen's lawyers argue, that his phone wasn't used "to commit the kidnapping or in furtherance thereof," and therefore, federal prosecutors can't claim jurisdiction. Prosecutors have argued that Christensen's phone was an instrument of interstate commerce used in committing the alleged crime.
 
Niner said:
Friday, September 21st:
*Defense Deadline Hearing (@ ET) - IL - Yingying Zhang (26) missing on June 9, 2017 - 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.
9/21: Def. deadline to give notice of intent to offer Atkins defense; 9/28: Motion to examine Defendant if 9/21 motion is filed; 10/16: Responses to pretrial motions; 11/16: Hearing on objections to Juror questionnaire; 12/14, 17, 18 & 19: Hearing on pretrial motions & jury questions; 1/4/19: Submission of proposed jury questionnaire; 1/11: Jury questionnaire mailed; 1/18: Objections to jury instructions; 2/1: Conf. on jury instructions & selection; 2/8: Motion in limine; 3/1: Response to Motion in limine; 3/4: Motion to strike potential jurors; 3/11: Pretrial Conf.; 3/25: Final Pretrial Conf.; 4/2: Jury Orientation; 4/3: Jury Selection begins; 4/9: Trial begins, which should last about 5 weeks.
Click to expand...

His defense team have filed a motion asking for more time to decide on offering Atkins defense/mental health defense

https://www.courtlistener.com/recap/gov.uscourts.ilcd.70076/gov.uscourts.ilcd.70076.129.0.pdf

Note the phrase "attempts to resolve the matter short of a death sentence" near the top of the second phase. This seems to me to be more indication that they are or were trying to reach a plea deal.

Edit: Also, forgot to mention that last week, the government filed responses to the motions made by the defense to remove the death penalty as a possibility on the grounds that it is unconstitutional. Their responses can be summed up as stating that all of the defense's motions regarding this are standard, stock motions filed in every federal death penalty case, they have been denied by every federal court where they have been filed, and they should also be denied in this case.
 
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Brendt Christensen trial | Mental health analyses test court timeline

A request by attorneys for Christensen for more time to decide if they'll present a mental health defense illustrates what a labor-intensive process they are involved in.

In a 30-page motion filed Friday, the four-attorney defense team asked the Judge for a hearing on their request. If granted, it will likely mean the trial now set for April 3, 2019, would have to be pushed back.
 
JerseyGirl said:
Brendt Christensen trial | Mental health analyses test court timeline

A request by attorneys for Christensen for more time to decide if they'll present a mental health defense illustrates what a labor-intensive process they are involved in.

In a 30-page motion filed Friday, the four-attorney defense team asked the Judge for a hearing on their request. If granted, it will likely mean the trial now set for April 3, 2019, would have to be pushed back.
Click to expand...


Am I the only one that finds it infuriating that, here we are, A full year of this being in jail, and now they aren't sure if he's mentally fit? He's a college graduate and was a TA as well. And for my money. anyone that would abduct, torture and kill an innocent girl is insane. But makes no difference to me. You kill someone and you damm well know it's wrong. Then you pay.Period.
 
trunkizback said:
Am I the only one that finds it infuriating that, here we are, A full year of this being in jail, and now they aren't sure if he's mentally fit? He's a college graduate and was a TA as well. And for my money. anyone that would abduct, torture and kill an innocent girl is insane. But makes no difference to me. You kill someone and you damm well know it's wrong. Then you pay.Period.
Click to expand...


IT is frustrating that this will likely draw the trial start date out longer -although the judge might rule that they have enough time to complete their evaluation and they don't need more time.

I think where this is going is that they will try to use mental health as a reason to spare him the death penalty in the penalty phase of the trial. I can't see them being able to get evidence for enough serious mental illness to get a not-guilty verdict in the guilt phase. Planning, premeditation, covering up the crime by concealing/destroying of the remains -this is someone who, even if mentally ill, knows what he is doing is wrong, and is smart enough and in control enough to be able to stop himself from doing it. Mental illness might have made him WANT to do it -but he wasn't so mentally ill that he couldn't tell right from wrong, and he wasn't so mentally ill that he didn't realize what he was doing and what the result would be.

On the top of the second page of their filing asking for more time, there is this phrase included in their listing of what they were doing the first five months on the job:

......the first five of which were consumed by the capital authorization process, attempts to resolve the matter short of a death sentence, preparing and filing numerous unnecessary....

"attempts to resolve the matter short of a death sentence."

That has to be trying to reach a plea deal -we know they were having discussions about it. I think his defense team knows he did it and are unlikely going to be able to get a not-guilty verdict. So, this mental health stuff is all aimed at sparing him a death sentence.
 
Friday, September 28th:
*Motion to Examine Defendant Hearing (if Motion was filed 9/21) (@ ET) - IL - Yingying Zhang (26) missing on June 9, 2017 - 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.
9/28: Motion to examine Defendant if 9/21 motion is filed; motion was filed; 10/16: Responses to pretrial motions; 11/16: Hearing on objections to Juror questionnaire; 12/14, 17, 18 & 19: Hearing on pretrial motions & jury questions; 1/4/19: Submission of proposed jury questionnaire; 1/11: Jury questionnaire mailed; 1/18: Objections to jury instructions; 2/1: Conf. on jury instructions & selection; 2/8: Motion in limine; 3/1: Response to Motion in limine; 3/4: Motion to strike potential jurors; 3/11: Pretrial Conf.; 3/25: Final Pretrial Conf.; 4/2: Jury Orientation; 4/3: Jury Selection begins; 4/9: Trial begins, which should last about 5 weeks.
7/13/18 Update: Defense files Motion for Order Required Gov’t to Comply w/Rule 12(b)(4)(B), pursuant to 4th, 5th, 6th & 8th Amendments. Calls for evidence that will be used in case-in-chief @ guilty or penalty trial where evidence maybe subject to motion to suppress.
8/16/18 Update: Judge Bruce issued an order denying the motion by BC's defense team that the government provide documents detailing any communication between the White House and the DOJ or Trump and Xi regarding this case. Also denied their motion that the government provide more detail of the evidence they will use in support of the aggravating factors.
8/24/18 Update: 24 motions filed by defense. Motion filed re reliability of DNA & blood testing used, seeking to suppress evidence, dismiss the main charge against their client and declare the federal death penalty unconstitutional. In a motion questioning why this case is a federal matter, Christensen's lawyers disclosed more information about his search of abduction fantasies on a fetish website, a detail they say is "overblown, hyperbolic, and misrepresentative of the facts." Christensen's lawyers argue, that his phone wasn't used "to commit the kidnapping or in furtherance thereof," and therefore, federal prosecutors can't claim jurisdiction. Prosecutors have argued that Christensen's phone was an instrument of interstate commerce used in committing the alleged crime.
9/21/18 Update: Defense team have filed a motion asking for more time to decide on offering Atkins defense/mental health defense. Asked the Judge for a hearing on their request. If granted, it will likely mean the trial now set for April 3, 2019, would have to be pushed back.
 
dm92 said:
IT is frustrating that this will likely draw the trial start date out longer -although the judge might rule that they have enough time to complete their evaluation and they don't need more time.

I think where this is going is that they will try to use mental health as a reason to spare him the death penalty in the penalty phase of the trial. I can't see them being able to get evidence for enough serious mental illness to get a not-guilty verdict in the guilt phase. Planning, premeditation, covering up the crime by concealing/destroying of the remains -this is someone who, even if mentally ill, knows what he is doing is wrong, and is smart enough and in control enough to be able to stop himself from doing it. Mental illness might have made him WANT to do it -but he wasn't so mentally ill that he couldn't tell right from wrong, and he wasn't so mentally ill that he didn't realize what he was doing and what the result would be.

On the top of the second page of their filing asking for more time, there is this phrase included in their listing of what they were doing the first five months on the job:

......the first five of which were consumed by the capital authorization process, attempts to resolve the matter short of a death sentence, preparing and filing numerous unnecessary....

"attempts to resolve the matter short of a death sentence."

That has to be trying to reach a plea deal -we know they were having discussions about it. I think his defense team knows he did it and are unlikely going to be able to get a not-guilty verdict. So, this mental health stuff is all aimed at sparing him a death sentence.
Click to expand...

I have read the original Supreme Court ruling for the “Atkins” defense, and it does not address mental illness but intellectual capacity. Clearly BC is mentally ill, but there is no evidence of an intellectual disability. He would have to have an IQ lower than 70 and be unable to undertake two or more “everyday skills” such as cooking, handling money, etc. Given his marriage, job status, education, and so on, there’s no way he’d qualify. You can’t blame his lawyers for trying, but Judge Bruce won’t go for it. I suppose it could just be a stall tactic to drag out his appeals and delay the ultimate execution if he is sentenced to death.
 
one more.....20180929_123455crop.jpg

I thought there was supposed to be a rock or a plaque or something with an inscription detailing what the garden is for. Perhaps that will be placed during the dedication ceremony. As far as I know, that is still set for October 11.
 
Hanoi2009 said:
I have read the original Supreme Court ruling for the “Atkins” defense, and it does not address mental illness but intellectual capacity. Clearly BC is mentally ill, but there is no evidence of an intellectual disability. He would have to have an IQ lower than 70 and be unable to undertake two or more “everyday skills” such as cooking, handling money, etc. Given his marriage, job status, education, and so on, there’s no way he’d qualify. You can’t blame his lawyers for trying, but Judge Bruce won’t go for it. I suppose it could just be a stall tactic to drag out his appeals and delay the ultimate execution if he is sentenced to death.
Click to expand...

The initial scheduling said 9/28 was the date to file notice of intent to file an Atkins defense. Reading their filing for relief, they mention nothing about Atkins, so I am assuming they won't go that route, but they are evidently going to argue mental illness for the penalty phase and perhaps the guilt phase, so this filing is them asking for more time to do their examinations of him. I don't know if the initial scheduling order had a date certain that they had to notify the court that they intended to use mental illness as a defense, or if this filing is simply trying to get the trial pushed back so they have more time to have experts examine him and to fully investigate his family history.

Oh, and Judge Bruce is no longer handling this. It was reassigned to Judge Shadid, after Bruce was temporarily removed from handling criminal matters due to a potential ethics violation in another case.
 
dm, another thank you here for the photos, the garden really looks lovely. Very simple, not cluttered so one can sit and contemplate with no distractions.
I do think the plaque will be unveiled the day of the dedication ceremony.
 
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