Scholar disappearance case grinds on

More than a year after Chinese scholar Zhang Yingying went missing at the University of Illinois, lawyers for the accused kidnapper in her disappearance complained that they are now overwhelmed by evidence provided by the prosecutors.

"As of this date, the defense has received approximately 11,500 pages of written discovery, fifty-eight disks containing audio and video recordings, photographs, computer and telephone forensics, telephone records, and hundreds (if not thousands) of jail calls and text messages involving the defendant and at least one government witness," wrote the lawyers for Brendt Christensen, who is accused of kidnapping Zhang.

The lawyers made the claim during a motion asking the court to force prosecutors to disclose which evidence they would use at trial. The evidence would especially be used in two significant processes: deciding whether Christensen is guilty, and sentencing.

"The evidence provided by prosecutors is in such a great amount, that the defense lawyers might find it hard to effectively come up with their defense," said Wang Zhidong, a Chicago-based lawyer who has been following the case closely and representing Zhang's family.

"Also the defense lawyers were asked by the court to file their motions to suppress evidence by Aug. 24, in which they could ask to exclude evidence from what was submitted by the prosecutors," Wang added.

In their motion, Christensen's lawyers argued that not disclosing the evidence "unfairly forces defense counsel to defend against the entirety of the enormous volume of Government discovery in this case," and doing so would efficiently conserve court's resources.

The prosecutors would have a chance to answer the motion, according to Wang, during which they could challenge the defenders' request.

This back-and-forth was part of the normal legal process, but it could also be a part of the defenders' strategy.

"We all know this is another trick the defenders are playing," said Wang. "In such a case, the prosecutors undoubtedly would like to keep the process simple: lay out the conclusive evidence and get the result.

"The defenders, however, would make things as complicated as they possibly can. Because for them, strategically speaking, the more complex, the better."

The trial is scheduled to begin April 9 next year. In January, prosecutors decided to seek the death penalty for Christensen, and the case was postponed from Feb. 27 this year.

For Zhang's family, the long wait has been painful with Yingying still missing and justice yet to be served.

However, according to Wang, the remaining nine months to the trial still carry some uncertainty.

"I would not be so surprised if the trail gets delayed again," said Wang. "But everything is for a fair trial to be carried out and a justified decision to be reached. That is the most important thing."