MAX train murderer Jeremy Christian’s convictions stand: Court of Appeals rejects all his arguments

Jeremy Christian’s sentencing hearing on June 23, 2020 started off with an outburst, when moments into the hearing Christian told one of his surviving victims that he regretted not killing her and deputies swiftly escorted him out of the courtroom. Christian was convicted of killing two men on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017. June 23, 2020

Jeremy Christian is getting sentenced for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017. June 23, 2020

Jeremy Christian is getting sentenced for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017. June 23, 2020

Jeremy Christian is getting sentenced for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017. June 23, 2020

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Defense attorney Dean Smith at the sentencing of Jeremy Christian who is getting sentenced for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017. June 23, 2020

Multnomah County Circuit Judge Cheryl Albrecht at the sentencing of Jeremy Christian who is getting sentenced for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017. June 23, 2020

Jeremy Christian is getting sentenced for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017. June 23, 2020

Defense attorney Dean Smith at Jeremy Christian's sentencing on June 23, 2020. Christian fatally stabbed two men and seriously wounded a third man on a MAX train in 2017.

Defense attorney Greg Scholl at Jeremy Christian's sentencing on June 23, 2020. Christian fatally stabbed two men and seriously wounded a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

The sentencing hearing of Jeremy Christian, convicted of killing two men on a MAX train, was disrupted during a victim impact statement by Demetria Hester, who Christian had assailed in an earlier encounter. Christian was removed from the courtroom by deputies. June 23, 2020

As victim Demetria Hester gave her statement at the sentencing of Jeremy Christian for a 2017 double murder, Christen yelled and threatened to kill her before being led out of the courtroom.

Demetria Hester speaks before Multnomah County Judge Cheryl Albrecht at Jeremy Christian's sentencing on June 23, 2020. Christian was found guilty of murdering two strangers on a MAX train. The day before the fatal stabbings, Christian encountered Hester on a different MAX train. He threatened to kill her and struck her in the eye with a half-filled Gatorade bottle.

As victim Demetria Hester gave her statement at the sentencing of Jeremy Christian for a 2017 double murder, Christen yelled and threatened to kill her before being led out of the courtroom.

Demetria Hester gives impact statement at Jeremy Christian's sentencing on June 23, 2020. Christian was found guilty of murdering two strangers on a MAX train. The day before the fatal stabbings, Christian encountered Hester on a different MAX train. He threatened to kill her and struck her in the eye with a half-filled Gatorade bottle.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Ricky Best's son, Erik Best, speaks at the sentencing hearing of Jeremy Christian on June 23, 2020. Christian was found guilty of 12 crimes, including first-degree murder for the deaths of Taliesin Namkai-Meche and Ricky Best, attempted first-degree murder for the serious wounding of Micah Fletcher, and hate crimes against two teenage girls, one who was wearing a hijab.

Zhada Allen gives an impact statement at the Jeremy Christian sentencing hearing on June 23, 2020. Christian is getting sentenced for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017. Allen was on the train the day of the stabbings.

Dyjuana Hudson speaks at Jeremy Christian's sentencing hearing on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017. Christian targeted Hudson's daughter, Destinee Mangum, on the MAX train.

Jeremy Christian is getting sentenced on June 23, 2020 for the fatal stabbings of two men and the serious wounding of a third man on a MAX train in 2017.

Asha Deliverance, mother of Taliesin Namkai-Meche, speaks via video link during Jeremy Christian’s sentencing hearing.

Taliesin Namkai-Meche sister, Vajra QuanYin Alaya-Maitreya, gives impact statement during Jeremy Christian's sentencing hearing on June 23, 2020. A 12-person jury unanimously found Christian guilty of the murders of Taliesin Namkai-Meche and Ricky Best and the attempted first-degree murder of Micah Fletcher.

Taliesin Namkai-Meche's brother, Christopher Lejeune, gives an impact statement during Jeremy Christian's sentencing hearing on June 23, 2020. A 12-person jury unanimously found Christian guilty of the murders of Taliesin Namkai-Meche and Ricky Best and the attempted first-degree murder of Micah Fletcher.

Jeremy Christian, via a live video feed from the Multnomah County Detention Center, watches victim statements during his sentencing hearing.

Taliesin Namkai-Meche's aunt, Teresa van Olphen, gives an impact statement during Jeremy Christian's sentencing hearing on June 23, 2020. A 12-person jury unanimously found Christian guilty of the murders of Taliesin Namkai-Meche and Ricky Best and the attempted first-degree murder of Micah Fletcher.

Shawn Forde gives victim impact statement at Jeremy Christian sentencing hearing on June 23, 2020.

Jeremy Christian makes statement via live video feed from the Mulnomah County Detention Center on second day of his sentencing hearing on June 24, 2020.

Jeremy Christian via live video feed listens to victim impact statements during second day of his sentence hearing on June 24, 2020.

Jeremy Christian sentence hearing goes into a second day on June 24, 2020. Christian fatally stabbed two men and seriously wounded a third man on a MAX train in 2017.

Shawn Forde reads impact statement on second day of Jeremy Christian's sentencing on June 24, 2020.

Micah Fletcher gives a victim impact statement on the second day of Jeremy Christian's sentence hearing on June 24, 2020. Christian fatally stabbed two men and seriously wounded Fletcher on a MAX train in 2017.

Micah Fletcher gives a victim impact statement on the second day of Jeremy Christian's sentence hearing on June 24, 2020. Christian fatally stabbed two men and seriously wounded Fletcher on a MAX train in 2017.

Multnomah County Circuit Judge Cheryl Albrecht on the second day of Jeremy Christian's sentence hearing on June 24, 2020. Christian fatally stabbed two men and seriously wounded a third man on a MAX train in 2017.

Jeremy Christian sentence hearing goes into a second day on June 24, 2020. Christian fatally stabbed two men and seriously wounded a third man on a MAX train in 2017.

Micah Fletcher gives a victim impact statement on the second day of Jeremy Christian's sentence hearing on June 24, 2020. Christian fatally stabbed two men and seriously wounded Fletcher on a MAX train in 2017.

Jeremy Christian sentence hearing goes into a second day on June 24, 2020. Christian fatally stabbed two men and seriously wounded a third man on a MAX train in 2017.

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The Oregon Court of Appeals on Wednesday upheld Jeremy Christian’s convictions and life sentence for the murders of two men and the attempted murder of a third man by stabbing them all in their necks on a crowded Northeast Portland MAX train in 2017.

The Appeals Court also affirmed the jury’s finding that his attack was motivated by race and bias.

In addition, the court upheld Christian’s conviction for assaulting a Black woman the night before the killings by throwing a Gatorade bottle at her face.

The Appeals Court rejected all 16 points of error that Christian’s defense lawyers argued were made during 19 days of Christian’s trial and sentencing in 2020.

Multnomah County Circuit Judge Cheryl Albrecht had ordered Christian to serve two true life prison terms for killing Taliesin Namkai-Meche and Ricky Best, plus 25 years for other crimes, including wounding Micah Fletcher.

The Appeals Court ruling essentially found that Albrecht successfully maneuvered through many complicated legal questions.

Judge Cheryl Albrecht at the Jeremy Christian trial, February 11, 2020 Beth Nakamura, The Oregonian/OregonLive/Pool

Christian’s defense attorneys, Greg Scholl and Dean Smith, didn’t offer comment for this story. But Marc Brown, a senior deputy defender who filed the appeal, said Christian plans to appeal to the Oregon Supreme Court.

Prosecutor Jeff Howes, who represented the state with now-former prosecutor Don Rees, said one of the first things he did after reading the ruling was to notify one of the victims advocates for the district attorney’s office to reach out to Christian’s victims and let them know the convictions still stand four years after they were handed down.

“To me it’s not over,” Howes said, noting that the state’s high court still might review the case. “But I hope they find some comfort that we went through that together and the Court of Appeals said, ‘You did it right.’”

Christian, who was 35 at the time of his crimes, was convicted of the first-degree murders of Namkai-Meche, 23, and Best, 53, and the attempted first-degree murder of Fletcher, then 21.

The stabbings happened on May 26, 2017, after Christian unleashed a vile torrent about Muslims, Christians and Jews, spoke of beheadings and shouted, “Go home, we need American here!” at two teenage girls. The girls – one who is African American and the other an immigrant from Somalia who was wearing a hijab – were 16 and 17 at the time and were riding the train to Clackamas Town Center.

According to evidence presented at trial, Namkai-Meche had approached Christian with his phone, apparently in an attempt to record Christian’s tirade. After Christian swatted Namkai-Meche’s phone onto the train’s floor and shoved Fletcher and Namkai-Meche, Fletcher responded by shoving Christian a few times and telling him to get off the train. That’s when Christian stabbed both of them and Best, who was standing nearby.

Taliesin Namkai-Meche grew up in Ashland and graduated from Reed College. The 23-year-old died on May 26, 2017, after suffering five stab wounds to the neck and head, according to a pending 2019 lawsuit that was filed over his death. (Photo provided by Reed College)

Ricky Best, a married father of four, was riding a MAX train home from work when he was fatally stabbed by Jeremy Christian. (Submitted photo)

Asha Deliverance, mother of Taliesin Myrddin Namkai-Meche, is comforted by friends and family during a celebration of life ceremony for Taliesin at Lithia Park on June 7, 2017, in Ashland. [Mail Tribune/Jamie Lusch]

The family (seated) is hugged by longtime friend and Ashland activist Dot Fisher-Smith. Seated, second from right is Asha Deliverance. On her left is Cedar Miller, Taliesin Myrddin Namkai-Meche's godfather who officiated the memorial on June 7, 2017. (Photo by Sequoia Miller)

Taliesin Namkai-Meche grew up in Ashland and graduated from Reed College.

The U.S. flag is presented to Ricky Best's family. A burial service with military honors for Best was held at Willamette National Cemetery in Portland on June 5, 2017. (Dave Killen/The Oregonian)

The U.S. flag is presented to Ricky Best's family. A burial service with military honors for Best was held at Willamette National Cemetery in Portland on June 5, 2017. (Dave Killen/The Oregonian)

Erik Best, the son of Ricky and Myhanh Best, receives well-wishers following a funeral service for his father. (Stephanie Yao Long/The Oregonian)

Friends and family of MAX stabbing victim Ricky Best gathered for his memorial service at Christ the King Catholic Church in Milwaukie on June 5, 2017. (Stephanie Yao Long/The Oregonian)

During Christian’s sentencing hearing in 2020, Christian said Best had done nothing but stand near him when he stabbed him. Much of the horrific scene and aftermath was caught on video from TriMet surveillance cameras and bystander phones.

The previous day, on May 25, 2017, Christian also had spouted hate speech on a different MAX train, then threw a half-filled Gatorade bottle at the face of Demetria Hester, seriously injuring her eye. Hester said a police officer who responded didn’t take Christian into custody and less than 18 hours later, he stabbed the three men.

In addressing Christian’s appeal, the Appeals Court found that the judge was on solid legal ground to deny his contention that he couldn’t get a fair trial in Multnomah County and the trial must be moved to a different county, where potential jurors were less familiar with the facts of the case.

The Appeals Court wrote that despite “substantial media attention” leading up to trial, “that attention was focused on the events that occurred, which were largely undisputed, rather than on the possible legal defenses available to defendant or the trial theories of the parties.”

The sentencing of Christian also occurred less than a year after Senate Bill 1013, passed by the Oregon Legislature, took effect. It created the crime of first-degree murder and called for sentences ranging from life in prison with a 30-year minimum to true life with no possibility of release.

Christian’s sentencing was one of the early test cases of the new law and the Legislature’s directions to judges to determine sentences. Christian’s attorneys argued those directions were constitutionally vague, but the Appeals Court disagreed. Brown, Christian’s appellate lawyer, said this will be of specific interest to Christian in the case he makes to the state Supreme Court.

Among other determinations, the Appeals Court also upheld a jury finding that Christian showed no remorse for the killings.

Christian had contended he was sorry for killing Best, who didn’t interact with him and he said was “collateral damage,” but the Appeals Court noted that Christian had made statements after his arrest that he was justified in stabbing all three victims and he did not “feel one bit remorseful or sorry about that.”

Read the Appeals Court ruling here.

— Aimee Green covers breaking news and the justice system. Reach her at 503-294-5119, agreen@oregonian.com or @o_aimee.

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