Chris - The Legal Issues - A Prosecutor's Perspective

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They have zero reason to cut him any slack, and a mountain of reasons to think he’d reoffend.
He also seems utterly oblivious to the magnitude of what he's done despite being on some level aware it's illegal.
Yeah, if you have an affirmative defense. An affirmative defense is basically saying "what's alleged is true, but there are additional facts that exonerate me."
Or just denying you did it but Chris is pretty fucked on that. I'm not sure it would do him any good to stand up and start babbling about dimensional merges and Sonichus and how it was a loving, tender rape of his mom. He more or less confessed to fucking his mom after she said no, and that's assuming she isn't too demented to give meaningful consent, so they could quite possibly throw more serious charges at him like outright rape, or abuse/neglect of a disabled adult.
 
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He also seems utterly oblivious to the magnitude of what he's done despite being on some level aware it's illegal.
This is classic behavior on his part.

He is fully aware when he does things that are wrong, and he is aware of how they have consequences. He goes even so far as to express embarrassment, employ deceit, and brag about it all at once depending who is asking.

The only thing he cannot tolerate is facing those consequences of his actions. He will admit or know he's done something wrong while simultaneously being incensed anyone might dare to hold him to account for them. This is ultimately why I think Chris will be crushed by the court if this keeps going, while explaining in a nutshell while many of the casual observers treat him with such disgust.
 
Chris's case isn't exactly People v Simpson in stakes or complexity, but in order to put forward such a vigorous defense you're going to have to pay for it. Thousands in retainer, and probably the high hundreds per hour in legal fees, but tremendous costs. These lawyers absolutely exist, and some are even quite good, but I don't want to give the impression this is a likely scenario. Chris is virtually destitute as it is, and even weens online won't raise that kind of money, or find the right person for that job.
This is undeniably true. But it also doesn't mean that Chris won't expect it to happen for him because he saw it on TV somewhere.
 
Should a defendant ever testify in their own defense?

So as someone has already brought up, it would probably be a necessity when trying to prove an affirmative defense.

I was a little too absolute when I said it's always a terrible idea..almost always is closer to the truth.

Another scenario might be if somehow the only witness the prosecution has is just worthless and your client is an angel. And for whatever reason the prosecutor actually pushes the case, and so it's off to trial. They call the witness. You tear them a new one, bring out all their dirt you legally can, and so on...

If you're confident that our very stupid prosecutor can't do the same to your client, you could do a lot worse than calling him and then reminding the jury on closing that part of their job is to judge the credibility of the witnesses based on what you saw and heard.
 
I've lurked around KF for a long time and never really had any reason to post. My interest is a touch more abstract than most here and it's just never been relevent for discussion. So first let me give you a tiny bit of background as to why a newly created account is posting for the first time (I know that draws some attention at the moment).

I'm actually part of an odd group that have discussed Chris for some time, but in a totally different frame of reference. I have ASD (let's not use outdated terms like 'high functioning' or 'Asbergers') and I'm lucky enough to live in a country which has excellent mental health support (Iceland). A few of my friends are also on the spectrum in various flavours, and we encountered Chris through the Knudsen content, and subsequentally followed Geno's work. It was almost like 'book club' where this small group of Icelanders with ASD would discuss what we were witnessing. Some of it, especially in the early days, we could relate to. However, it became hard to relate once the trolling became more influential, as none of us have had to endure that type of external pressure, and it's impossible for us to guess how it may have influenced us (although we did speculate a lot). We tried to 'what if', but we're notoriously bad at that stuff. So think of me as part of a completely seperate group of small time Chris followers that never really cared about anything beyond observing and discussing. All of us have visitted the farms on occasion, largely because it can be a good place for fact checking, and you do a good job of breaking down some of the events in a way that even Geno's excellent work doesn't quite elaborate far enough on. We care about context, and this place has always been a good source of that.

So why is this random Icelandic person suddenly in a side thread about Chris? Because I lived in England in my younger years and spent 2 years in a Young Offenders Institution, so I have encountered ASD and the law, as well as what it is like to have ASD in a criminal institution. It should be said that I was arrested, charged and sentenced for a fight that got out of hand when I was 17, and this was in the late 90's, so much has changed in how ASD is understood. But one thing about ASD that causes a real problem in the criminal system is lack of epathy. Asbergers (when it was a thing) was originally a study regarding psychopathic traits in autism, and there are a frightening number of ASD traits that could be mistaken for ASPD if taken out of context. Lack of empathy is the prime example (also, autistic fascinations are misidentified as 'selfishness' etc.). ASPD lacks empathy because they don't care, ASD lacks empathy because they don't understand. It's a subtle difference, but the probation service (when providing their input into my sentencing) actually stated that I showed no empathy for my victim and that was used as justification for a tougher sentence. They could not distinguish between the 'callous' lack of empathy you see in people with ASPD and the 'confused' lack of empathy you see in ASD (in fact, they didn't discuss mental health in any way, they just said 'shows no empathy' and that was that. I hadn't been clinically diagnosed back then, so it should be noted that they just assumed I callously lacked empathy, rather than looking into it any further), because the criminal system wants people to feel empathy for the victim and still struggles to understand that it's possible to lack empathy without being mallicious. I don't know what it's like in the States, it's pretty good in Iceland, but in the UK I'm told people are still refused parole for 'not expressing empathy' even with a clinical ASD diagnosis, so clearly there are still some pretty major problems with how the criminal justice system in developed countries understands ASD.

In terms of being inside. It was both easy and hard. It was easy because routine is constant and you have very few external factors to worry about (no bills to pay, laundry to do, meals to cook etc.) Being locked in a room for hours on end with only books (remember, this was the 90's, things have changed) wasn't that hard, I read a lot of fascinating stuff, and I'd never really been that fond of people, so being alone wasn't difficult. The biggest problem was other inmates, because social interaction and ASD? you're suddenly in a microcosm of society with a completely different set of rules, when you struggled enough with understanding the rules of mainstream society. That made bullying pretty rife, and got me into trouble a few times from simply not understanding the social dynamic of what was going on (I thought someone was being kind giving me some tobacco on my first day inside, and couldn't understand why he came back a week later asking for double the amount in return for the 'loan'). So dealing with the framework of prison was easy enough, but dealing with the social aspect of prison was frankly a nightmare I'd never want to relive. And I'm far from the extreme type of character that Chris is. Sure I overshare, talk about my interests because I can't undertand why people wouldn't be equally interested and all the usual ASD stuff, but otherwise I fly largely under the radar. For a character like Chris, I can't even imagine how difficult being incarcerated would be, and I expect he would end up spending time in what we used to call 'being fraggled off', which is being put in isolation for your own safety. Add to this the fact that sex offenders are subject to some pretty brutal unwritten rules in the prison system, and were Chris ever incarcerated then I expact he'd spend his days in segregation, reading fanmail and writing replies. I don't know if inmates have access to email in modern prisons? we just had good old pen and paper.

The one thing I do know is that ASD cannot be used as a defence either here in Iceland or in the UK in terms of 'not knowing right from wrong'. It can now be used as mitigation (although I'm not sure how that works in the States) but it's not a de facto 'I have ASD, I wasn't responsible for my actions' type thing, and nor should it be. But we have a feeling that Chris has issues far beyond ASD. Whilst we still see aspects of our own condition in some of his behaviours, there is a lot to Chris that is so far removed from what we understand that I can't even guess what is going on. Lying and story telling are common in ASD, obsessions with topics or subjects or items are common (and 'age appropriate' isn't really a thing, you can be a 50 year old with ASD and develop a fascination with Transformers, no problem) being more open to suggestion because of a lack of social awareness? sure, but lucid delusions? we haven't encountered that, and I'm not aware of it being associated with ASD. Part of the reason we're now coming to the farms more frequently is because we're actually hoping Chris has a psychological evaluation, and we're interested to see how the criminal justice system approaches Chris' situation. We're also interested to see how authorities address what happens next. i.e., are there government funded institutions for people with mental health issues that restrict their ability to live normal lives? I know the healthcare system in the US is very different, so we don't know if such places exist or you're just thrown out into society and expected to fend for yourself.

It should be noted that we deplore what Chris has done, and are not in any way trying to defend his actions. But for us, watching the way someone like Chris is treated by the US adminstrative system is interesting. We're also interested to see just how much an already fucked up media decides to throw 'Autism' under the bus in attributing it to 'casuing' events, a little like how the media love to blame video games and hip hop. The way the general public perceive ASD is something we're interested in, and we can't help but think we're going to see some very inaccurate reporting in this case, which is a tragedy in itself. We don't want to see other individuals with ASD stigmatised because one high profile case leads to a lot of factually incorrect information making it into the public consciousness.

So I thought I would provide this little background in a side thread at a time where no immediate drama is happening, so that if we decide to contribute further, our motives may be more openly understood. We took a group decision on that being the right approach! (imagine 4, 30-45 year old Icelanders with ASD holding a group meeting on whether we needed to introduce ourselves on Kiwifarms. It was a touch weird, but we did have biscuits).

As a final point, I do refer to Chris as 'He'. This is a cultural thing. Over here, we celebrate women and believe there is something unique and special about womanhood (and obviously motherhood). We do not believe that a biological man can simply say 'I understand what it is to be a woman' because that reduces the essence of 'what is a woman' to an arbitrary decision. No man can say they 'feel like a woman' because we have no way to possibly understand what feeling like a woman actually is. We do support trans, both Nationally and as the people posting this, but we support these people in their decision to be someone different, to express their own identity. We don't care if someone wants to identify as a horse, it's entirely down to the individual. But until someone has been through the entire process of physically changing their gender, I think it denegrates women to allow anyone with a penis to say 'I'm a woman' and as such, be able to express opinions on womanhood that should be preserved for women. Women did not fight a long and bitter struggle for emancipation to have men with penises speak for them. I will call Christine 'she' once she is medically gender reassigned, and not simply because they have made an arbitrary decision that they are now a woman.
I rate this probably mostly true . Only a sperg would make an account to wall of text post like this.
 
Chris being abused, Chris's childlike mind, Chris's easily suggestive nature. (I am not saying I agree with any of these personally). They could take the jury through the litany of things posted online, the things Chris has conjured, and fight any evidence that the prosecution might want to introduce every step of the way.
It’s surreal to me that all of this niche, intense, cultish documentation of Chris that we’ve all enjoyed so much in absolute secrecy and shame is going to be used as a resource in a felony rape case. Some paralegal will be adding the “she came for CWC” jpeg to a desktop file. Bonkers shit.
 
Another scenario might be if somehow the only witness the prosecution has is just worthless and your client is an angel. And for whatever reason the prosecutor actually pushes the case, and so it's off to trial. They call the witness. You tear them a new one, bring out all their dirt you legally can, and so on...
And that's obviously not the case here. It's possible Barb goes to bat for him somehow but if she's obviously demented she wouldn't have been able to give meaningful consent, and it just makes Chris look like even more of a monster. Also he looked absolutely insane getting arrested. The prosecutor would probably want the jury to see pictures of him with a big shit-eating grin getting arrested for rape.

The real problem with playing the tard card, even though it's probably his only real gambit, is I think the prosecutor could argue that makes him more and not less likely to reoffend. And that's assuming there isn't even more grotesquely awful Nick Bate level shit in this story we don't know yet. Also whether Barb suffered some physical injury.

He's a danger at least to Barb pretty much for the rest of her life and I could easily see him just breaking back into the house.

So he's probably going to have no commissary money and be homeless when and if he gets out.
 
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I might have no clue what I'm talking about, but politics would have to come into play here, right?

If you're a person who has no knowledge about Chris and you take it completely at face value - that a transgendered woman raped their possible senile mother - sounds like a pretty atrocious crime.

I would suspect that at this level, there's some public scrutiny - it's not the trial of the century but it's probably a lurid case by local standards. I would think this is one of those cases where the judge would not want to be known as the judge who let a literal motherfucker escape some jail time.

I would think that they wouldn't throw the book at him, but I think that the nature of the case would be harsher than if Chris raped a random woman or acquaintance.
 
Again, it's gonna maybe vary a bit in Virginia but essentially the standard is that you were so insane at the time of the crime that you couldn't appreciate what you were doing and that what you were doing was wrong.
I looked this up the other night. Virginia is a M'Naghten state. I think he's going to have pretty fair odds of getting a NGBRI ruling on the grounds of him not being able to understand the "wrongness" of his crimes.

I suspect the argument on that is going to go like this.

State: He concealed the fact that he had sex with his mother from people who knew him personally, and even his doctor. This indicates he knew it was wrong.

Defense: He only concealed this due to his fear of internet trolls, but he openly discussed this with others. This indicates that he did not understand the wrongness of his actions. It should also be noted that he has a lengthy history of being easily manipulated.

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Also, I think a lot of it is going to be dependant on what witnesses either side is able to bring in to testify. If the defense is able to bring in Bella, that could really make things difficult for the state.
 
I looked this up the other night. Virginia is a M'Naghten state. I think he's going to have pretty fair odds of getting a NGBRI ruling on the grounds of him not being able to understand the "wrongness" of his crimes.

I suspect the argument on that is going to go like this.

State: He concealed the fact that he had sex with his mother from people who knew him personally, and even his doctor. This indicates he knew it was wrong.

Defense: He only concealed this due to his fear of internet trolls, but he openly discussed this with others. This indicates that he did not understand the wrongness of his actions. It should also be noted that he has a lengthy history of being easily manipulated.

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Also, I think a lot of it is going to be dependant on what witnesses either side is able to bring in to testify. If the defense is able to bring in Bella, that could really make things difficult for the state.
We've dived into this a number of times, but I think we've all concluded this is incorrect. M'Naghten is from 1843 and has a tremendous amount of distinguishing cases at almost every relevant level that has picked it to pieces.

I've said it, and others here as well, but the path to a NGRI success is a narrow path to victory in the most ideal of circumstances which this isn't.

A common mistake is looking at a standard a state or the fed might have adopted at some point and thinking that is the end of it. But this rule is ancient, and barely functions anywhere now the way it was written, and certainly not in VA. Chris does not have fair odds of succeeding on that affirmative defense, or any other. This case truly isn't as extraordinary from a judicial standpoint as people might think.
 
The Four Autists Of Iceland Manifesto

You asked about whether a lack of empathy for victims can lead to a worse outcome, for example in parole decisions or amount of punishment assessed.

Yes, and it absolutely should. While you view this as unfair in then case of individuals who have a medical condition that interferes with their ability to be empathetic let me remind you that lack of empathy is also going to be a major factor in the likelihood of reoffending.

So you should really think about the question in terms of is the system likely to let someone out early, or give them probation over prison, if they pose a significant risk to the community?

You asked about inmate access to email. They do in the federal system. I don't know about state by state access...however this email is limited, monitored, and all the things you would expect from a form of prison communication.

You asked about autism and similar disorders in mitigation. That certainly can be a factor (almost anything can be considered at sentencing, compared to the guilt/innocence phase) and Virginia specifically has a law that essentially says, except in the case of certain crimes, if you have mental issues and you can prove they had a direct relationship to the crime, deferred probation can be available in cases where it is not ordinarily provided for.

Finally, you asked about asylums. There's been a lot written about this already but the short answer is no, Chris is not going to live in state funded care for the rest of his life.
 
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We've dived into this a number of times, but I think we've all concluded this is incorrect. M'Naghten is from 1843 and has a tremendous amount of distinguishing cases at almost every relevant level that has picked it to pieces.

I've said it, and others here as well, but the path to a NGRI success is a narrow path to victory in the most ideal of circumstances which this isn't.

A common mistake is looking at a standard a state or the fed might have adopted at some point and thinking that is the end of it. But this rule is ancient, and barely functions anywhere now the way it was written, and certainly not in VA. Chris does not have fair odds of succeeding on that affirmative defense, or any other. This case truly isn't as extraordinary from a judicial standpoint as people might think.
M'Naghten is still used in many states. Virginia uses a combination of it, and the irresistible impulse test, which doesn't seem to really apply much in this case.
 
M'Naghten is still used in many states. Virginia uses a combination of it, and the irresistible impulse test, which doesn't seem to really apply much in this case.
Please read my comment you quoted more carefully. A test can survive by adoption but be functionally neutered by case law. That's how common law works. In Virginia it functions essentially as a lever that allows the introduction of an affirmative defense of NGRI while losing any other teeth it has.

There is nothing new or novel. M'Naghten does nothing for Chris except for allowing a defense that will not in all likelihood work in this case. The ground Chris is treading has been tread by far more deranged who have also failed in that defense.

You also seem to be laboring under the supposition this will go to trial at all, which I still contest is unlikely. Even if it did, you cannot appreciate how mundane a case like Chris's is until you have participated in many of them, but take our word for it.
 
Even if it did, you cannot appreciate how mundane a case like Chris's is until you have participated in many of them, but take our word for it.

This right here. I don't want to powerlevel too hard but I can confidently say that there are far crazier people in prison who have not succeeded at a NGRI defense. Chris' delusions are mild compared to many prisoners.
 
Please read my comment you quoted more carefully. A test can survive by adoption but be functionally neutered by case law. That's how common law works. In Virginia it functions essentially as a lever that allows the introduction of an affirmative defense of NGRI while losing any other teeth it has.

There is nothing new or novel. M'Naghten does nothing for Chris except for allowing a defense that will not in all likelihood work in this case. The ground Chris is treading has been tread by far more deranged who have also failed in that defense.

You also seem to be laboring under the supposition this will go to trial at all, which I still contest is unlikely. Even if it did, you cannot appreciate how mundane a case like Chris's is until you have participated in many of them, but take our word for it.
The standard in question within the M'Naghten rule has been supported by case law within the state, and a conviction was even reversed and remanded because the standard was incorrectly read in jury instructions.

PRICE v. COMMONWEALTH of Virginia (1984)

Whether or not the defense can prove that this case meets this standard is questionable, but the standard is absolutely within the state's statutes and supported by case law.
 
This right here. I don't want to powerlevel too hard but I can confidently say that there are far crazier people in prison who have not succeeded at a NGRI defense. Chris' delusions are mild compared to many prisoners.

Another attorney here, again, not in VA and not your attorney, nothing I say is legal advice, just my observations etc.... I've worked a lot in criminal defense though, and currently do stuff related to appeals.

I'm not going to go over what others legal posters have said because I more or less agree with them. But I wanted to emphasize this quote. It's absolutely true, this is ultimately a pretty mundane case in the grand scheme of things. Remember, there are people with actual schizophrenia who actually hear voices that can't pull off an "insanity" defense. And, despite Chris definitely having mental issues, he is actually relatively well functioning compared to many, many, other people in the system. (Although his condition does seem to have degraded in recent years and will definitely degrade further in prison.) And, despite the trolling and this forums existence, it really has little impact aside from some weird background information. (This is based on my current info, if it turns out those texts or his admissions are wildly out of context that may change, but even then likely only to those who immediately instigated it).

From a defense standpoint, however, the insanity motions should probably be at least tried, they will likely fail but a good attorney should at least try. Same goes with many other motions; there will likely be motions to suppress, motions to dismiss etc ... Don't get too excited about them though, from what I've seen of the arrest video and texts they will just be defense attorneys covering all the bases.

And just to emphasize, Chris's outcome is highly dependent on the prosecutor. Prosecutors in the thread have laid out very reasonable outcomes in the form of plea deals. One thing to keep in mind is Chris's ability (along with many other defendants' to be fair) to self-sabatage. I have seen cases where a defendant was just an kinda caught up in a larger case, offered a good plea deal dependent upon their cooperation, agreed to it, then get cold feet and refuse to cooperate. Essentially, they lie to the prosecutor about wanting to take the deal. Prosecutors are human, and overworked, and don't have time to deal with that BS. The deal was revoked without hesitation and a substantially less favorable one offered. (Defense attorneys get very frustrated with this as well, clients come and go and you certainly need to vigorously defend each client individually, but in many jurisdictions part of that defense is a good working relationship with the prosecutors, when your client makes cracks in that relationship it impairs your ability to help other clients)

I can see something like that happening with Chris, a prosecutor wanting to dispose of the case on relatively reasonable grounds only for Chris to get cold feet or otherwise not cooperate.
 
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