Oregon’s busiest courthouse is gearing up for arguably its most-watched case in modern history: the trial of Jeremy Christian, accused of murder for stabbing two strangers on a packed MAX train.
The brutality and circumstances of the attack drew international condemnation. Witnesses said Christian first unleashed a racist, xenophobic diatribe against two teenagers, one a Somali immigrant who was wearing a hijab and the other African American, then attacked passengers who stood up for them.
Christian’s trial begins Tuesday with a week of jury selection, then an expected five weeks of testimony, argument and deliberations in Multnomah County Circuit Court in downtown Portland.
A crowd of onlookers saw the confrontation unfold. Video footage from cellphones and the TriMet surveillance cameras captured it in grim detail.
No one -- not even Christian’s defense team -- disputes that he killed Ricky Best, 53, and Taliesin Namkai-Meche, 23, and seriously injured Micah Fletcher, then 21, on May 26, 2017.
But at stake during the trial is whether Christian, 37, should be held responsible, and if so, for what crimes. His charges include first-degree murder, attempted murder and the hate crime of intimidation.
The Oregonian/OregonLive talked to a handful of local lawyers following the case about what to expect. Court records and almost a dozen hearings over the past nearly three years also offer insight into the legal issues at play.
(Beth Nakamura/The Oregonian)
What does Christian have to gain (or lose) by going to trial?
State lawmakers last year passed Senate Bill 1013, which significantly curtailed who can face the death penalty in Oregon. In the past, killing two people at the same time was enough to spur aggravated murder charges, but now that act alone isn’t enough.
Critics argue the new law eliminated any incentive Christian had to work out a plea agreement and spare the victims’ families the ordeal of an emotional trial.
Now that Christian is charged with first-degree murder, and not aggravated murder, the most severe sentence he can receive is life in prison without the possibility of getting out.
By going to trial, Christian could be clinging to the hope that he will be acquitted.
Although the likelihood of jurors finding Christian not guilty is extraordinarily slim, legal experts say, his best chance of prevailing might be claiming self-defense.
On top of that, his lawyers could contend Christian had a “diminished mental capacity” and was unable to fully assess what was happening because of underdeveloped social skills or because his previous prison time left him on constant guard against threats.
(Multnomah County Sheriff's Office)
What other defenses could Christian’s lawyers present to the jury?
Defense attorneys Greg Scholl and Dean Smith have notified the judge that they also might argue that Christian is “guilty except for insanity.”
This would likely be unpopular with Christian because it brands him as someone with a serious mental illness, a blow to his self-image as a public provocateur, and because it also could send him to the state psychiatric hospital for the rest of his life.
Defense lawyers also have reserved the right to argue Christian was suffering from an “extreme emotional disturbance” -- that he was so overcome by emotion at the time of the stabbings that he couldn’t control himself.
But this defense is traditionally reserved for different scenarios, such as a defendant who caught an unfaithful spouse in the act and killed the cheater in a rage.
If jurors found Christian was suffering such a disturbance, he would be convicted of first-degree manslaughter and receive a 10-year sentence.
Prosecutors, though, contend that Oregon law doesn’t allow him to use this defense in a first-degree murder case, rather only a second-degree murder case.
Jeremy Christian flashed this 'Don't Tread On Me' sticker or sign during a pre-trial hearing on Nov. 15, 2017. Christian appeared to be directing his attention toward Micah Fletcher, who was seated in the courtroom gallery. (Beth Nakamura/The Oregonian)
If Christian’s chance of an acquittal appears minuscule, why is he going to trial?
One can only speculate. Christian might want the attention a trial will bring.
He has long sought out an audience -- on Facebook in the months before the stabbings as he expressed his hate for circumcision and for Hillary Clinton and when he attended a march a month before the stabbings and was seen casting Nazi salutes and heard shouting “Die Muslims!”
In the moments leading up to the stabbings, prosecutors said he shouted at the two teenage girls: “Go home, we need American here!” and “Free speech or die!”
Christian also might want a trial to combat the predominant public narrative that has grown out of witness descriptions of his actions: that he holds a pronounced bias against people of different races, religions and national origins, that he was berating the 16- and 17-year-old girls when bystanders stepped in and that he responded with lethal force to the men who tried to intervene.
Is there truth to that? Is the public’s understanding of what happened not quite accurate?
That remains to be seen. The public, through media reports, has heard bits and pieces of evidence, but not the complete story.
Surveillance and cellphone videos have never been publicly aired and not all witnesses have been heard from. It remains to be seen exactly what interactions Best, Namkai-Meche and Fletcher had with Christian.
Read a timeline of the attacks here.
Ricky Best's family -- his widow and their four children -- are pictured here at his burial service. (Dave Killen/The Oregonian)
Will Christian testify?
This is unknown. The defense hasn’t publicly released its witness lists yet.
Christian might not be able to pass up the chance to convince 12 jurors that he’s innocent by giving his firsthand account.
But Christian’s testimony might only end up hurting him. If his previous courtroom outbursts are any indication, he could come across as angry and aggressive. Christian has screamed “I’m the victim!” and yelled that a witness was a liar and that Fletcher was at fault.
If Christian takes the stand, prosecutors also will be allowed to question him about his 2002 conviction for the armed robbery of a Portland convenience store, ending with a police officer shooting him in the face and a 7 ½-year prison sentence.
In the end, it’s Christian’s right to testify even if his lawyers strenuously advise him against it.
What if Christian starts shouting during trial?
For most pretrial hearings, Christian has appeared calm and remained silent, except to occasionally whisper a few words to his lawyers.
The last time he made a scene was at a hearing last April as the judge listened to comments from Demetria Hester, an African American woman who has said Christian threw a Gatorade bottle at her face the day before he fatally stabbed the men on the train.
Christian repeatedly pointed his finger at Hester and yelled, “Liar, liar, liar!” Judge Cheryl Albrecht told him to be quiet or he’d be removed. Christian kept going, and deputies swept him away in handcuffs. The hearing continued.
Christian has a right to be present at trial and face his accusers. If he becomes disruptive, the judge could warn him and, if the bad behavior continues, order him to watch the trial from another room via a video feed.
(Maxine Bernstein/The Oregonian)
Who else will testify at trial?
There will be the medical examiner, police officers, the teenage girls and many other witnesses from the train, including passengers who offered CPR or comfort to the dying men.
Among them is Rachel Macy, who described to The Oregonian/OregonLive how she held Namkai-Meche’s hand and told him, “The world is so cruel. You’re a beautiful man.”
Namkai-Meche’s aunt, who was talking on the phone with him just before he was fatally wounded, also is expected to take the stand.
Prosecutors will ask Demetria Hester to describe her encounter with Christian from the night before. Hester reported to Portland police that less than 24 hours before the fatal stabbings Christian said he wanted to kill all “Muslims, blacks, Jews” and injured her eye with the Gatorade bottle at the Rose Quarter MAX station.
It’s conceivable that Christian’s parents also could testify, but an attorney representing their interests didn’t respond to a request for information from The Oregonian/OregonLive. Their testimony might support the theory that Christian has struggled throughout his life to properly size up situations.
There’s no doubt psychological experts for the defense and the prosecution will testify, with opposing theories about what motivated Christian.
Defense experts might support the argument that Christian felt threatened and has an altered perception of events because of social deficits. Prosecution experts are likely to support the state’s theory that Christian was angry, violent and intent on killing someone.
(Beth Nakamura/The Oregonian)
What about Micah Fletcher?
Fletcher, now 24, will be a key witness. Christian stabbed him in the neck. The wound was millimeters away from his jugular and required surgery to repair the damage and remove bone fragments from his throat, his girlfriend said at the time.
Defense attorneys are expected to pick apart and criticize Fletcher’s every move on the train that day.
In court papers and a November 2017 hearing, they suggested Fletcher was an aggressor -- saying he “traveled some distance” past other passengers “to confront” Christian, shook his finger at Christian and took a “fighting stance.”
“The video clearly shows from multiple angles that Mr. Christian was thrown into seats” before he started stabbing, the defense team wrote in court papers.
According to the defense team, one witness also reported that Namkai-Meche was recording video of Christian on his cellphone and allegedly told Christian, “You’re going to be an internet sensation.”
(Stephanie Yao Long/The Oregonian)
What do prosecutors say Fletcher did?
According to a November 2017 memo filed by the prosecution:
Christian first pushed Fletcher and Namkai-Meche in their chests and Fletcher responded by pulling Christian backward, causing Christian to stumble into some seats.
Christian got up and Fletcher shoved him. Video then shows Christian pulling out a folding knife and exclaiming “Go on! Hit me again!”
Fletcher then pushed Christian, and Christian stabbed Fletcher and then stabbed Namkai-Meche. Best got up and Christian stabbed him, too.
“Eleven stabs in 11 seconds,” Portland police Detective Michele Michaels testified at a hearing.
Det. Michele Michaels testified in a Nov. 2017 pre-trial hearing about the evidence against Jeremy Christian. (Beth Nakamura/The Oregonian)
Do Fletcher’s actions provide Christian an out?
No matter what blame the defense tries to place on Fletcher, prosecutors Jeff Howes and Don Rees likely will argue that Christian’s reaction to Fletcher was vastly disproportionate and clearly unjustified.
Prosecutors have said that Christian over and over again expressed his intent to hurt others, starting the night before when he said he wanted to kill or stab someone, including the operator of the MAX train he was on at the time.
The next day, moments before the killings, he spoke of “decapitating heads,” according to one witness.
Police also said after Christian fled the scene and officers caught up to him, he exclaimed, “I hope everyone I stabbed died.”
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. (Jamie Lusch/Mail Tribune)
What’s in the videos?
One of the very unusual and wrenching aspects about this case is that two people were graphically caught on video at the moment of their deaths. There is audio on the cellphone videos, so at least some of what was said between Christian and others can be heard.
The videos will play a central role in both the prosecution and defense arguments. What remains to be seen: Who will see them?
Judge Cheryl Albrecht could be asked to decide whether the sections of the videos where the men lie dying will be played in full view of the entire courtroom or just be shown to jurors, alongside Christian and the lawyers.
What charges does Christian face in the 15-count indictment?
The two counts of first-degree murder are the most serious.
He’s also charged with attempted first-degree murder for the injuries to Fletcher and second-degree intimidation for allegedly targeting the two teens or Hester because of his perceptions of their races, religions or national origins. Intimidation is a hate crime in Oregon.
In addition, he’s charged with unlawful use of a weapon, menacing and assault.
If he is found guilty of all counts, the judge could sentence Christian to life in prison with a 30-year minimum.
Or she could sentence him to consecutive terms for both murder counts -- to life in prison with a 60-year minimum, plus more time for the attempted murder and other charges.
That would effectively imprison Christian, who was 35 at the time of the stabbings, for the rest of his life.
The new first-degree murder law also allows the judge to sentence Christian to life in prison with no possibility of release, but some critics of the law question whether such a move would stand up to an appeal based on current case law.
In the days after the stabbings, the public created a memorial of chalk messages at the Hollywood Transit Center in Northeast Portland, the site of the attacks. (Stephanie Yao Long/The Oregonian)
How is the court preparing for trial?
Earlier this month, 682 prospective jurors showed up on one day to answer a questionnaire about themselves for the case. The line stretched around all sides of the courthouse block.
Court officials say it’s not uncommon to summon such a large number for a trial of this length. Defense attorneys also have said they’re concerned that many residents already have formed an opinion about Christian and that they’ll have trouble selecting an unbiased jury.
The attack stunned the city and state. In the weeks afterward, community leaders mourned the loss of Best and Namkai-Meche and described the violence as a racist rampage unlike anything Portland had seen before.
"What happened … is a crime of hate, and it is unacceptable in our Oregon,'' Gov. Kate Brown said the next day. "I implore Oregonians to come together at this time.''
Under that backdrop, lawyers starting Tuesday will start calling back a select few of the 682 to interview them and then pick 14 for trial. That’s 12 who will sit on the jury and two alternates.
Opening statements are expected to begin the following Tuesday, Jan. 28.
Keep up with key trial events and takeaways by signing up for The Oregonian/OregonLive’s Jeremy Christian trial newsletter at oregonlive.com/newsletters.
-- Aimee Green
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