Hearing gives clues to Christian's defense

Jeremy Christian's defense lawyers want you to forget what you've been told about the MAX attacks, portraying him as a non-racist free-speech advocate with mental health issues who was not threatening the girls, and merely reacted to aggressors trying to bully him off the train.

Forget what you've been told about accused MAX murderer Jeremy Christian and the tragic events of May 26, 2017: A lot of it has been wrong.

That at least was the message underlying Christian's legal defense at a Wednesday bail hearing in which both sides presented evidence in Multnomah Circuit Court.

Though it fell well short of a trial, the hearing provided important clues as to how the case is likely to play out.

And one of the more conspicuous aspects of the hearing was what appeared to be a concerted attempt by Christian's defense lawyers to frame the case in a different light for the public, potential jurors, and Judge Cheryl Albrecht.

Christian has been portrayed as a white supremacist in numerous media accounts. He has also been portrayed as, on May 26, menacing two teenage girls on the Green line — one wearing a Muslim hijab, the other African American — before passengers intervened to protect the girls, leading to the deaths of Taliesin Namkai-Meche and Ricky Best as well as the wounding of Micah Fletcher.

But in court, defense lawyer Gregory Scholl painted a different picture. He portrayed Christian as a man suffering from "pre-existing psychological vulnerabilities" and conspiratorial tendencies who suffered from post-traumatic stress disorder, saying he had developed a "near-obsessive, if not obsessive, focus on free speech."

In part to fill a lack of esteem stemming from difficulties in rejoining society after serving time in prison, Christian adopted a role as a "provocateur," by openly espousing offensive views to provoke responses that showed his "interpersonal significance," argued Scholl, citing a mental health evaluation that was entered into evidence.

Scholl contended that Christian was not a white supremacist, and was not menacing the girls. He stressed that Christian was making various remarks on the train over his shoulder, not directing them in front of him toward where the girls were sitting. Scholl also noted that the girls moved well away from Christian several minutes before the violence developed, and indeed left the train shortly before the first stab.

"I think the video will show you that the two girls at issue are off of the train before any graphic violence takes place, and without ever having Mr. Christian ever yelling racist slurs at them or anything of that nature," Scholl said.

Scholl portrayed Fletcher and Namkai-Meche as the aggressors. He suggested Fletcher's approach from the other side of the train car was accompanied by noises that caused a bystander, Shawn Forde, to say to Fletcher, "Hey, don't you know, he's just talking. Ain't no need to fight him over that. He's just talking... you don't need to fight over it, you know what I mean?"

He also portrayed the first violent act by Christian as provoked. He noted it occurred after Namkai-Meche had moved to sit close to him — while, according to one witness, telling Christian, "You're going to be an internet sensation" — apparently suggesting he was going to be videotaped. Christian then swatted the phone out of Namkai-Meche's hand.

During the subsequent confrontation, Christian was pushed down twice as Fletcher told him to leave the train, Scholl argued

The defense lawyer said whether Christian was mentally capable of the intent necessary to justify the death penalty would be an issue at trial.

"Questions of Mr. Christian's intent, questions of his mental state need to be addressed," Scholl said.

Deputy District Attorney Ryan Lufkin, however, contended that Christian knew exactly what he was doing, saying "hit me again, hit me again" during the confrontation — all while, out of sight, pulling out a folding knife and extending its four-inch blade.

The hearing ended without a ruling, as Judge Albrecht said she would first watch video of the event in her chambers. But considering the high bar for release in murder cases, legal observers predicted Christian would remain behind bars.

Lawyers for the defense and prosecution declined to comment on the case, but others said it sounds like the hearing included significant clues as to Christian's lawyers' strategy — sort of a hybrid argument in which jurors will be asked to interpret his actions as self-defense, considering his mental state.

In theory, the combined strategy could keep Christian off death row and even, potentially, end up with charges of manslaughter rather than murder, the lawyers said.

Part of the plan appears to be to make Christian's actions seem less "unpalatable," said longtime death-penalty defense lawyer Jenny Cooke, when told of the hearing.

"Particularly when you're talking about a crime that has attracted the amount of media attention that this event has, you want to try it in the court of public opinion as well as in the court of law," she said.