2:17-cr-20037-JES-JEH # 399-1

E-FILED

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Monday, 24 June, 2019 06:16:19 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
UNITED STATES OF AMERICA, )
Plaintiff,
vs.
BRENDT A. CHRISTENSEN,
Defendant.

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Case No. 17-CR-20037

SPECIAL VERDICT FORM
Section I: Age of Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section II: Threshold Intent Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section III: Statutory Aggravating Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section IV: Non-Statutory Aggravating Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section V: Mitigating Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section VI: Determination of Sentence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

Section VII: Justice Without Discrimination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

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Section I: Age of Defendant
General Directions for Section I
In this section, please indicate whether you unanimously find that the United
States has established beyond a reasonable doubt that the defendant was eighteen (18)
years of age or older at the time he committed the capital offense of kidnaping resulting
in death, as charged in Count One. You must mark one of the responses. Please have
the foreperson sign by juror number after your verdict.
_____

We unanimously find that it was proven beyond a reasonable doubt that
the defendant was eighteen (18) years of age when he committed the
offense.

_____

We unanimously find that it was not proven beyond a reasonable doubt
that the defendant was eighteen (18) years of age when he committed the
offense.

_________________
Foreperson
(Juror Number)

_________________
Date
Directions:

1.

If you unanimously find the United States has proven beyond a reasonable doubt
that the defendant was eighteen years of age or older at the time of the offense,
continue on to Section II as to that Defendant.

2.

If you unanimously find the United States has not proven beyond a reasonable
doubt that a defendant was eighteen years of age or older at the time of the
offense, skip forward to Section VII and complete that section in accordance with
the directions there. Then notify the Court that you have completed your
deliberations.

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Section II: Threshold Intent Factors
General directions for Section II:
You may only complete this section if you have unanimously found that the
United States has proven beyond a reasonable doubt that the defendant was 18 years of
age or older at the time of the offense.
In this section, please indicate whether the United States has proven beyond a
reasonable doubt any of the following threshold intent factors. You may find that the
United States has proven more than one threshold intent factor. For each of the
threshold intent factors listed below, you must mark one of the responses. Please have
the foreperson sign by juror number after each verdict.
1.

The defendant intentionally killed Yingying Zhang:
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)
2.

_________________
Date

The defendant intentionally inflicted serious bodily injury that resulted in the
death of Yinging Zhang:
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)

_________________
Date

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3.

The defendant intentionally participated in an act, contemplating that the life
of a person would be taken, or intending that lethal force would be used in
connection with a person, and Yingying Zhang died as a direct result:
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)
4.

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_________________
Date

The defendant intentionally and specifically engaged in an act of violence,
knowing that the act created a grave risk of death to a person, such that
participation in the act constituted a reckless disregard for human life and
Yingying Zhang died as a direct result.
_____

We unanimously find that this factor has been proved beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proved beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)

_________________
Date
Directions:

1.

If you unanimously find at least one threshold intent factor, continue on to
Section III.

2.

If you unanimously find the United States has not proven beyond a reasonable
doubt at least one threshold intent factor, skip forward to Section VII and
complete that section in accordance with the directions there. Then notify the
Court that you have completed your deliberations.

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Section III: Statutory Aggravating Factors
General directions for Section III:
You may only complete this section if you have unanimously found that the
defendant was 18 years of age or older at the time of the offense (as indicated by your
findings in Section I), and at least one threshold intent factor (as indicated by your
findings in Section II).
In this section, please indicate which, if any, of the following three (3) statutory
aggravating factors you unanimously find the United States has proven beyond a
reasonable doubt. You may find that the United States has proven more than one
statutory aggravating factor. For each of the statutory aggravating factors listed below,
you must mark one of the responses. Please have the foreperson sign by juror number
after each verdict.
1.

The death of Yingying Zhang occurred during the commission of the crime
of Kidnapping, in violation of Title 18, United States Code, Section 1201.
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)

_________________
Date

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2.

The defendant committed the offense in an especially heinous, cruel, or
depraved manner in that it involved torture or serious physical abuse to
Yingying Zhang.
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt because the defendant tortured Yingying Zhang.

_____

We unanimously find that this factor has been proven beyond a
reasonable doubt because the defendant inflicted serious physical
abuse upon Yinging Zhang.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)
3.

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_________________
Date

The defendant committed the offenses after substantial planning and
premeditation to cause the death of Yingying Zhang:
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)

_________________
Date
Directions:

1.

If you unanimously find one or more statutory aggravating factors, continue on
to Section IV.

2.

If you unanimously find the government has not proven beyond a reasonable
doubt at least one statutory aggravating factor, skip forward to Section VII and
complete the section in accordance with the directions there. Then notify the
Court that you have completed your deliberations.

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Section IV: Non-statutory Aggravating Factors
General Directions for Section IV:
You may only complete this section if you have unanimously found that the
United States has proven beyond a reasonable doubt that the defendant was 18 years of
age or older at the time of the offense (as indicated by your findings in Section I), at
least one threshold intent factor (as indicated by your findings in Section II), and at least
one statutory aggravating factor (as indicated by your findings in Section III).
In this section, please indicate which, if any, of the following six (6) non-statutory
aggravating factors you unanimously find the United States has proven beyond a
reasonable doubt. You may find that the United States has proven more than one nonstatutory aggravating factor. For each of the proposed factors, you must mark one of the
responses provided. Please have the foreperson sign by juror number after each verdict.
1.

The defendant caused injury, harm, and loss to Yingying Zhang and loss to her
family, friends, and co-workers. The injury, harm, and loss caused by the
defendant is evidenced by Yingying Zhang’s personal characteristics and by
the impact of her death upon her family, friends, and co-workers.
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt

_________________
Foreperson
(Juror Number)

_________________
Date

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2.

The defendant is likely to commit criminal acts of violence in the future that
would constitute a continuing and serious threat to the lives and safety of
others, as evidenced by, at least, his demonstrated lack of remorse for his acts
of violence; his expressed desire to be known as a killer; and his claims of
additional victims and expertise in avoiding detection.
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)
3.

_________________
Date

The defendant has demonstrated, by statements he made following the
offense, that he lacked remorse for kidnapping and killing Yingying Zhang.
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)
4.

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_________________
Date

The victim, Yingying Zhang, was particularly vulnerable due to her small
stature and limited ability to communicate in English.
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.
_________________
_________________
Foreperson
Date
(Juror Number)

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5.

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The defendant attempted to obstruct the investigation of this offense by, at
least, making false statements to investigators; destroying or concealing the
victim’s remains; and sanitizing the crime scene.
_____

We unanimously find that this factor has been proven beyond a
reasonable doubt.

_____

We unanimously find that this factor has not been proven beyond a
reasonable doubt.

_________________
Foreperson
(Juror Number)

_________________
Date
Directions:

1.

After you have completed your findings in this section (whether or not you have
found any of the above non-statutory aggravating factors to have been proven),
continue on to Section V.

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Section V: Mitigating Factors
General Directions for Section V:
You may only complete this section if you have unanimously found that the
United States has proven beyond a reasonable doubt that the defendant was 18 years of
age or older at the time of the offense (as indicated by your findings in Section I), at
least one threshold factor (as indicated by your findings in Section II), and at least one
statutory aggravating factor (as indicated by your findings in Section III).
As to the alleged mitigating factors listed below, please indicate which, if any,
you find the defendant has proven by a preponderance of the evidence.
Recall that your vote as a jury need not be unanimous with regard to each
question in this section. A finding with respect to a mitigating factor may be made by
one or more of the members of the jury, and any member of the jury who finds the
existence of a mitigating factor may consider such a factor established in making his or
her individual determination of whether or not to impose a sentence of death,
regardless of the number of other jurors who agree that the factor has been established.
You are not required to consider a mitigating factor that you do not believe was proven,
even if another juror believes that it was proven.
In the space provided, please indicate the number of jurors who have found the
existence of that mitigating factor to be proven by a preponderance of the evidence.
Please have the foreperson sign by juror number after each verdict.
1.
I/we members of the jury find by a preponderance of the evidence that the
Defendant did not have a significant prior history of other criminal conduct at the time
of the commission of the offenses in which he has been convicted, and this factor
Number of Jurors who so found: _______
_________________
Foreperson
(Juror Number)

_________________
Date

Additional Directions for Section V:
The law permits you to consider during your deliberations any other factor or
factors in the defendant's background, record, character, or any other circumstances of
the offense that mitigate against imposition of a death sentence.

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The following extra spaces are provided to write in additional mitigating factors,
if any, found by any one or more jurors. If more space is needed, write “CONTINUED”
and use the reverse side of this page.
1.

Additional mitigating factor:

Number of jurors who so find: _____
_________________
Foreperson
(Juror Number)

_________________
Date
Directions:

1.

After you have completed your findings in this section (whether or not you have
found any mitigating factors in this section), continue on to Section VI.

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Section VI: Determination of Sentence
General directions for Section VI:
You may not impose a sentence of death unless you have first found,
unanimously and beyond a reasonable doubt, that the defendant was eighteen years of
age or older at the time of the offense charged in the count in Section I, and at least one
threshold intent factor in Section II, and at least one statutory aggravating factor in
Section III.
In this section, enter your determination of the defendant’s sentence with regard
to Count One. Please have the foreperson sign by juror number after your verdict.
Based upon consideration of whether the aggravating factor or factors found to exist for
each count sufficiently outweigh the mitigating factor or factors found to exist for that
count to justify a sentence of death:
Count One:
Kidnapping Resulting in the Death of Yinging Zhang:
_____
_____
_________________
Foreperson
(Juror Number)

Life Imprisonment Without the Possibility of Parole.
Death.
_________________
Date

Directions:
1.

After you have completed your sentence determination in this section (regardless
of what determination was made), continue on to Section VII.

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Section VII: Justice Without Discrimination
By signing below, each juror certifies that consideration of the race, color,
religious beliefs, national origin, or sex of the defendant or the victims was not involved
in reaching his or her individual decision, and that the individual juror would have
made the same recommendation regarding a sentence for the crime or crimes in
question regardless of the race, color, religious beliefs, national origin, or sex of the
defendant, or the victim.
__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

__________________________
Juror Number: ____________

Date: _______________

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