Still Missing IL - Yingying Zhang, 26, Urbana, 9 June 2017 #7 *Arrest*

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

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  1. dm92

    dm92 Well-Known Member

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    Small update:

    1) Christensen's defense filed a motion requesting more time to file a proposed jury questionnaire on the 15th.

    2) Judge Shadid issued a ruling denying BC's motion for a bill of particulars that would require the government to detail, among other things, how BC used his phone in commission of the crime, the particulars of how he expressed a lack of remorse, identify the other "serious acts of violence" and so on.

    This appears to be the first ruling on one of the multitude of motions filed by the defense in August and September. I would assume that we will start to see many more rulings finally made regarding these motions in the next week or two.
     


  2. dm92

    dm92 Well-Known Member

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    Update....

    There was a telephone conference held on 11/26. The result is the judge will hold hearings on a number of motions filed by the defense between December 14th - 19th. The article details which motions will have a hearing. Of note is a hearing on the motion to dismiss the federal charge, and hearings on admissibility of conversations between BC and the jail informant, and on the admissibility of recordings by BC's girlfriend.

    Next in Christensen case: Motions to suppress recordings from girlfriend's wire

    Also, today, the prosecution filed its proposed jury questionnaire...

    it is document #157 in the list

    Docket for United States v. Christensen, 2:17-cr-20037 - CourtListener.com
     
  3. GraceG

    GraceG Well-Known Member

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    That's a beautiful tribute. My husband graduated from that University 11 years ago. Visiting back over the years when a former student friend was getting married I always found the campus peaceful and safe. It only takes a horrible crime like this to remind us that no place truly is.
     
  4. DSM

    DSM Member

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    Is there any news on anyone from around cu conducting searches on their own, I would like to help if there is. I think it’s still worth a try.
     
  5. altojack

    altojack Well-Known Member

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    Hi DSM. I'm not sure if there is but I'm only going by what I'm reading on here. Someone will come by and hopefully have a positive answer for you. Good luck.
     
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  6. Webthrush

    Webthrush Ohhh, and one more thing...

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    can't imagine at this late date that anyone is conducting any sort of meaningful search; LE has not given any hint or encouragement of a direction or area to cover (...nor even confirmed if they believe there is a body to be found).
    Let's hope the trial begins on time, and most of our questions are resolved well-before the end of 2019. Sad.
     
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  7. dm92

    dm92 Well-Known Member

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    I doubt LE would publicly disclose any areas that they were looking at -they don't want members of the public out trespassing or potentially spoiling a crime scene -moreover, I would think that they wouldn't want the defendant to know if they were getting close to finding her.

    Based on some things I have read in court filings, I *do* think they are still looking and are not sure what happened to her remains yet.

    In about two weeks, there will be some hearings in front of Shadid about admissibility of evidence. Let us hope that the defense does not have any of their motions granted......
     
  8. dm92

    dm92 Well-Known Member

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    BC's defense team this evening filed a Notice of Intent to Present Expert Evidence Relating to Mental Condition on the Issue of Punishment.

    https://www.courtlistener.com/recap/gov.uscourts.ilcd.70076/gov.uscourts.ilcd.70076.161.0.pdf



    They allege that BC..... "suffers from a Schizophrenia Spectrum or Other Psychotic Disorder as defined in the 'American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders', and that he exhibits neurocognitive deficits consistent with a psychotic disorder."

    This only applies to the punishment phase, if he should be found guilty. They are not going to try and argue that he is not guilty by reason of insanity......
     
  9. dm92

    dm92 Well-Known Member

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  10. crhedBngr

    crhedBngr Well-Known Member

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    My intuition (and I could be totally wrong about this) is Yingying will still get justice. This is such a horrendous crime - one of perverse cruelty - that most juries would find him guilty, no matter where it is held.
     
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  11. altojack

    altojack Well-Known Member

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    The family won't be too happy either as they've made connections in Urbana, that is sad. At least the judge can have his breakfast before he goes to work and home to a hot meal at the end of the day.
     
  12. JerseyGirl

    JerseyGirl Staff Member Staff Member Forum Coordinators

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  13. JerseyGirl

    JerseyGirl Staff Member Staff Member Forum Coordinators

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  14. musicaljoke

    musicaljoke Well-Known Member

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    That seems so bizarre to us in Canada where it is assumed that a jury pool is competent to judge the case.

    In the United States the presumption seems to be that you're not fit. I don't understand how, after a 31 page questionaire, the accused could end up with a jury of one's peers.
     
  15. dm92

    dm92 Well-Known Member

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    News-Gazette (local paper) editorial on Shadid moving the trial from Urbana to Peoria

    Editorial | Change of venue disappointing


    Shadid as judge for this trial makes me somewhat nervous, as he is a former public defender, and I am worried this might subconsciously make him more open to the defense's motions. Of note, this Friday they are having a hearing before him in Peoria on the defense motion that there is no federal jurisdiction in this case. IF he rules in favor of the motion, this gets thrown out of federal court* and referred to the state of Illinois (unless the Feds would appeal his ruling and win). That takes the death penalty off the table immediately, and might even make it possible that BC could get less than a life sentence. That all adds up to no one having any leverage at all in attempting to get BC to divulge the location of her remains.

    * I think this only applies to count one, kidnapping resulting in death, and does not apply to the two counts of lying to the FBI
     
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  16. altojack

    altojack Well-Known Member

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    dm, if the judge did throw this out on count 1, I'm sure the Feds would appeal against his ruling. She says, fingers crossed.
     
  17. Niner

    Niner Long time Websleuther

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    Friday, December 14th:
    *Pretrial Motions & Jury Questions Hearing (@ ET) - IL - Yingying Zhang (26) (missing on June 9, 2017, Urbana; not found) - *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.
    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.
    9/28/18 Update: Motion for Change of Venue filed by Defense (to Peoria division).
    11/16/18 Update re motions filed: 1) Christensen's defense filed a motion requesting more time to file a proposed jury questionnaire on the 15th. 2) Judge Shadid issued a ruling denying BC's motion for a bill of particulars that would require the government to detail, among other things, how BC used his phone in commission of the crime, the particulars of how he expressed a lack of remorse, identify the other "serious acts of violence" and so on.
    11/28/18 Update: NOTICE of Filing United States of America's Proposed Jury Questionnaire.
    12/4/18 Update: Defense files Motion on Notice of Intent to Present Expert Evidence Relating to Mental Condition on the Issue of Punishment. This only applies to the punishment phase, if he should be found guilty. They are not going to try and argue that he is not guilty by reason of insanity.
    On 12/14/18: Judge Shadid will hear a motion by Christensen arguing that his case should be a matter at the state level rather than the federal, along with a motion challenging the constitutionality of the Federal Death Penalty Act.
    The hearing on these matters is scheduled for Dec. 17 and 18, along with a hearing Dec. 18 on motions to suppress jail communications and statements from a jail-cell informant. The hearings may extend to Dec. 19 if necessary.
    Defense Motions: To suppress recordings his girlfriend made of him while wearing a wire. Allegedly heard on another recording describing how he kidnapped Ms. Zhang and how she fought and resisted when she was brought to his apartment. Challenging the legality of using statements Christensen gave to a jail-cell informant.
     
  18. dm92

    dm92 Well-Known Member

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  19. dm92

    dm92 Well-Known Member

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  20. kittythehare

    kittythehare Well-Known Member

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    Oh God, they're really milking this.. who took the DP off the table? Is it actually off? I'm still not at all sure how much evidence feds have for a conviction here... this was always the big question, I know... but suppose the Dp is being reconsidered due to the paucity of evidence obtained?
     
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