Queens immigration lawyer murder trial begins

The court trial in the murder of Jim Li, a Queens immigration attorney, began at Queens Criminal Court on Monday.  Eagle photo by Ryan Schwach 

By Noah Powelson

The trial for the murder of a Queens immigration lawyer well known in the legal community began this week in Queens County Criminal Courthouse.

The lawyers for 27-year-old Xiaoning Zhang are trying to prove that the Chinese national was not in the right mind when she allegedly killed Jim Li, a prominent immigration lawyer in Queens.

Zhang – who at times shouted at the judge and attorneys during the opening day of the trial – is charged with murder in the first degree of Li, a well known local immigration lawyer and pro-democracy advocate who declined to represent her. She has pleaded not guilty of the crimes.

Jurors heard opening arguments from the prosecution and defense at Queens Criminal Court on Monday.

At the heart of the prosecution’s case is not just proving Zhang murdered Li, but that she did so under sound mind and in complete control of her actions.

Zhang’s public defender Scott Celestin argued that she suffers from severely untreated schizophrenia, and that she could not tell reality from paranoid delusions at the time of Li’s death.

The prosecution, led by Assistant District Attorney Kenneth Zawistowski, told the jury that they have a plethora of evidence proving Zhang was well aware of her actions when she allegedly stabbed the 66-year-old lawyer several times in his neck and chest in his Flushing office.

Li was taken to Elmhurst Hospital, where he was pronounced dead. Police said two kitchen knives were recovered from the site. Li briefly represented Zhang while she sought political asylum, but ultimately declined to take up her case.

Attorneys on both sides will also attempt to paint their own narratives of two separate incidents that occurred in March of 2022 between Li and Zhang. An alleged assault that took place the week before Li’s death, and the alleged murder itself.

Specifically, an altercation between Li and Zhang on March 11 where she is accused of attempting to strangle Li. The prosecution said when she was eventually pulled off Li by others in the office, she promised she would kill the attorney saying “I will trade my life for your life.”

Zawistowski argues that the alleged threat, alongside her actions on the day of the murder three days later, proves this was a premeditated murder.

He says the prosecution plans to bring out a series of witnesses, including responding officers, EMTs, detectives, body cam footage and eye witnesses into the courtroom to demonstrate that Zhang not only killed Li, but committed a premeditated act of murder.

Two of the witnesses the prosecution will call forward include close associates and colleagues of Li who witnessed both incidents in 2022.

“This isn't a case where you have to determine who committed the crime or where it took place,” Zawistowski said. “The evidence will show she had the motive and opportunity, and this was a deliberate and calculated murder. This was not a moment of mental health collapse.”

Jim Li, a Queens immigration attorney, was allegedly killed in 2022 by Xiaoning Zhang. Her defense argues she suffers from severe mental health issues and was not in control of her actions. File photo via Jim Li and Associates

In turn, Celestin said that he will show his client has a history of mental illness and will call experts who will testify on her condition and how schizophrenia can manifest in people.

However, during Celestin’s opening statements, both sides were called for a sidebar by presiding justice and Interim Administrative Judge of Queens Criminal Court Judge Kenneth Holder.

Up to this point, Zhang, who speaks limited English, listened to the proceedings through the assistance of a court appointed interpreter. She seemed calm for the most part listening to the prosecution’s accusations. She sat silently, occasionally leaning forward to rest her head on her hands with her elbows on the table in front of her, as the interpreter quickly translated the proceedings.

However, as the two attorneys approached the bench, Zhang suddenly shouted out angrily in the courtroom. Speaking quickly in a mix of Chinese and English, Zhang yelled at Judge Holder and the lawyers, denying the narratives put forward by both the prosecution and her own attorney.

Judge Holder quickly moved to regain control of the courtroom, demanded silence from Zhang, and called for the jury to leave room while he conferred with all present parties. Court officers surrounded Zhang, who quieted quickly after her outburst.

A tense 20 minutes followed as Holder discussed the trial with the attorneys out of earshot of the public, and Zhang was given some time to speak with her lawyer privately.

Afterwards, Holder reprimanded the defendant, saying there was no excuse for such behavior in the courtroom. If Zhang spoke without his permission again, Holder threatened to keep her in a separate room where she would watch the proceedings through video. The jury was brought back in after.

Celestin was allowed to finish his opening statement after the incident. He kept it brief, and asked the jury to keep an open mind and consider Zhang’s mental state at the time of Li’s death.

Li opened his own practice in Flushing in 1998, shortly after arriving in the U.S. as an asylum seeker. Throughout his over two decades legal career, Li served a number of Chinese immigrants in their efforts to live in the U.S., many of whom came over to the country as students.

Li’s death shook the Queens legal community when it happened.

Speaking with the Eagle in 2022 after Li’s death, then-Queens County Bar Association President Frank Bruno said that he was “stunned” to hear of Li’s killing.

“We grieve for Mr. Li and keep his family and friends in our thoughts,” Bruno said at the time.

Zhang’s trial will continue throughout the week.