Tuesday 27 February 2018

Law: Accused kidnapper's lawyers got more evidence than required


URBANA — Rebutting an attempt to bar expert testimony from the government in trial, prosecutors said Tuesday they have provided more forensic analysis than is required to the attorneys of accused kidnapper and killer Brendt Christensen.

Christensen's attorneys argued last week that prosecutors failed to provide them with such analyses by the court-ordered Dec. 15 deadline, only providing one set of test results from the FBI's lab in Quantico, Va.

They also said they didn't receive summaries of expert testimony that meet the requirements laid out in the Federal Rule of Criminal Procedure.

In his response, interim U.S. Attorney John Childress said witness statements aren't required and that the government has more than met the requirements, providing the defendant with more than 500 pages of DNA and blood evidence, a hard-disk drive containing "vast amounts of raw electronic evidence," a copy of the fingerprint analysis report, law-enforcement reports, and cellphone records.

"In this case, the United States has responded to every request from defense counsel and believes it has done so in a cooperative manner," Childress wrote. "Moreover, the Assistant United States Attorneys assigned to the case have met with defense counsel on each and every occasion they have requested a meeting."

While some of the analysis wasn't provided by the Dec. 15 deadline, Childress said, that's because FBI analysts didn't complete those specific reports by the deadline.

Even if the government did fail to meet the requirements, prosecutors took issue with the proposed solution — to bar expert testimony — rather than to receive the forensic analyses at a later time or to delay the trial.

"The defendant's requested remedy is unwarranted and would inhibit the jury in its truth-seeking function," Childress wrote.

In their response, prosecutors listed each of the expert witnesses they notified the defense that they may call and what they have provided Christensen's lawyers about these witnesses.

Prosecutors said they informed the defense counsel verbally about DNA and blood findings Sept. 8, when Christensen's lawyers were appointed.

Prosecutors said they then provided the defense a summary of the FBI biologist's report Nov. 24, and on Dec. 14, the underlying reports, bench notes, printouts and other information.

"In this case, it should be no surprise to the defendant that the United States intends to present the testimony of a DNA and serological (blood) expert at trial," Childress wrote.

Prosecutors said they also provided electronic evidence Nov. 28 from phones and computers the FBI seized.

This included a detailed timeline made by a forensic examiner of Christensen's "computer-related and online activities."

"Based on the disclosures of the United States, it should not be a surprise to the defense that the United States intends to present the testimony of the FBI computer forensic examiners at trial regarding the evidence they downloaded," Childress wrote.

The FBI has previously said it believes Christensen visited, in April 2017, threads on a fetish website titled "perfect abduction fantasy" and "planning a kidnapping" in a forum called "Abduction 101."
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