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Lawyer for MAX attack suspect argues against death penalty

On May 26, 2017, Christian spewed hate speech at two black teenage girls on a MAX train in Portland, and then allegedly stabbed three men who stepped in to intervene.

PORTLAND, Ore. — Pre-trial hearings for self-proclaimed white supremacist Jeremy Christian continued Tuesday, as his attorney continued to argue against a potential death penalty.

On Tuesday, the defense called an expert witness who made the case that those convicted of aggravated murder are no more likely to be violent in prison than other prisoners.

Psychologist Mark Cunningham said the "once evil, always evil" theory is not accurate.

On Monday, the closest Christian's defense lawyers got to arguing against the death penalty was a motion to disallow victim impact evidence and aggravating evidence in the penalty phase of the trial, should it come to that.

The defense is expected to argue that capital punishment is unconstitutional in Oregon, based on several principles, including that lethal injection can cause severe pain. The lawyer will also argue that Christian has mental health issues.

The hearing is expected to last three days. There are 51 items on the pretrial agenda, a majority brought by Christian's defense attorneys. The murder trial for Christian is set for June 2019.

Unlike past appearances, Christian remained calm during the hearings.

Portland MAX attack: What we know

On May 26, 2017, Christian spewed hate speech at two black teenage girls on a MAX train in Portland, and then allegedly stabbed three men who stepped in to intervene.

Two of the victims, 53-year-old Ricky John Best and 23-year-old Taliesin Myrddin Namkai-Meche, were killed. The third victim, 21-year-old Micah Fletcher, was wounded but survived.

Police say Christian confessed to the killings.

Photos: Hollywood MAX station memorial for attack victims

Before the fatal attack, Christian was arrested multiple times over a decade and a half. The day before the stabbings he was accused of throwing a bottle of Gatorade at a black woman on a MAX train.

Christian was also thrown out of an alt-right event in Portland in April 2017 for making racist comments.

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