Jason Young to get new trial #4

[JusticeFever]

How has this been explained?

Jason would have driven 840 miles and been awake for 32.5 hours straight by the time he arrived in Brevard at around 3:30 PM on Nov 3rd, and 20.5 of those hours were spent on the road.

What did he do for food? Other than Cracker Barrel at 9:00-9:30PM Nov 2, what did he do for food, drink all day Nov 3rd? Any fast food evidence found in the car, soda, energy drinks?

Where did he buy gas after King, NC? He wouldn't be able to drive too far after checking out of Hillsville, where is that stop?

Another stop with no cameras only this time there was no one who remembered him? He couldn't use his credit card, so he had to pay cash and most likely go inside.

 

[JusticeFever]

We'll see if the prosecution decides to use her as a witness next trial....if there is one. The Young and Cooper trials had the worst prosecution teams of any trial I've ever watched. Both of them rank right up there with the Ryan Ferguson debacle. Taxpayers should demand the new prosecutor totally cleans house.

JMO

I guess my question will always be how GB was allowed to testify to begin with, when at the pre-trial hearing she froze in silence when asked by the state to describe Jason. If she couldn't get through the pre-trial hearing (which the public was denied access on video to her being questioned) and the Judge had to help her, how in the world was her testimony ever allowed in @ either trial?

JMO

http://www.wral.com/news/video/9616199/

At any rate, I am moving on!~

 

[Glenn101]

Glenn, I hate to ask for links but I am confused. Where are you coming up with the 11:19:59 ? I have reviewed the camera pics. Thanks.

I got that information from the appeal document. "The last image from the camera was at 11:19:59 p.m. on 2 November 2006" It can be found at:
http://www.wral.com/news/local/document/13529333/

If I recall correctly, this information came from Sergeant Spivey during his testimony. There were no pictures produced at the trial of that part where the camera went blan and the times just before it went blank. I do not know if the defense reviewed that tape. It was seized by the LE in their investigation. I will try to find the links for that also if you wish.

I have uploaded a couple or three pictures to illustrate the point I am hoping to make about the difficulty that Jason would have had in trying to get to that camera undetected from his room. The camera was unplugged after Jason checked into the hotel and used the key card to get into his room.

In the floor layout picture, not matter which route that Jason took from his room, he would have had to walk in front of at least one camera in order to get to the camera in that stairwell.

If you look at the camera picture from the hallway camera, it shows the hallway on both sides, and even part of the door that leads into the stairwell. The camera in the stairwell would also have picked up any movement from the exit door to the outside. The only way I can see that a person could get to that camera undetected is by going in through the (locked) glass exit door, sliding under the hallway camera, and slipping into the stairwell, reaching up and unplugging the camera from below. Jason would have had to go in front of a camera going out any way that he tried and then the glass door was locked. He would have had to use his key card to get in through that door, and it would have left a digital trace.

Glenn

 

[citygirl]

I got that information from the appeal document. "The last image from the camera was at 11:19:59 p.m. on 2 November 2006" It can be found at:
http://www.wral.com/news/local/document/13529333/

If I recall correctly, this information came from Sergeant Spivey during his testimony. There were no pictures produced at the trial of that part where the camera went blan and the times just before it went blank. I do not know if the defense reviewed that tape. It was seized by the LE in their investigation. I will try to find the links for that also if you wish.

I have uploaded a couple or three pictures to illustrate the point I am hoping to make about the difficulty that Jason would have had in trying to get to that camera undetected from his room. The camera was unplugged after Jason checked into the hotel and used the key card to get into his room.

In the floor layout picture, not matter which route that Jason took from his room, he would have had to walk in front of at least one camera in order to get to the camera in that stairwell.

If you look at the camera picture from the hallway camera, it shows the hallway on both sides, and even part of the door that leads into the stairwell. The camera in the stairwell would also have picked up any movement from the exit door to the outside. The only way I can see that a person could get to that camera undetected is by going in through the (locked) glass exit door, sliding under the hallway camera, and slipping into the stairwell, reaching up and unplugging the camera from below. Jason would have had to go in front of a camera going out any way that he tried and then the glass door was locked. He would have had to use his key card to get in through that door, and it would have left a digital trace.

Glenn

No! Don't go searching for links for me. I see your point. There is no video of the defendant at 11:20 when the camera was unplugged. The problem lies in the fact that the defendant admitted to leaving his room TWICE. Did he talk about 2 times because he assumed that was documented by video? Big mistake. Also going to breakfast in the morning. He is not seen either time. He is seen headed out of the building , near midnight, wearing different clothes. That's it! MOO.

Edited for spelling error.

 

[MyBelle]

No! Don't go searching for links for me. I see your point. There is no video of the defendant at 11:20 when the camera was unplugged. The problem lies in the fact that the defendant admitted to leaving his room TWICE. Did he talk about 2 times because he assumed that was documented by video? Big mistake. Also going to breakfast in the morning. He is not seen either time. He is seen headed out of the building , near midnight, wearing different clothes. That's it! MOO.

Edited for spelling error.

How is the defendant's admission he left his room twice a problem for the defendant? He didn't have control over the security video nor did he have control as to what was actually collected. There is no security video of Jason walking out of the hotel. It's a huge problem for the prosecution if there is a next trial now that they don't have the sensational and illegal evidence to rely on nor are they allowed to invent facts such as claiming he is seen on video walking out of the hotel.

JMO

 

[MyBelle]

I got that information from the appeal document. "The last image from the camera was at 11:19:59 p.m. on 2 November 2006" It can be found at:
http://www.wral.com/news/local/document/13529333/

If I recall correctly, this information came from Sergeant Spivey during his testimony. There were no pictures produced at the trial of that part where the camera went blan and the times just before it went blank. I do not know if the defense reviewed that tape. It was seized by the LE in their investigation. I will try to find the links for that also if you wish.

I have uploaded a couple or three pictures to illustrate the point I am hoping to make about the difficulty that Jason would have had in trying to get to that camera undetected from his room. The camera was unplugged after Jason checked into the hotel and used the key card to get into his room.

In the floor layout picture, not matter which route that Jason took from his room, he would have had to walk in front of at least one camera in order to get to the camera in that stairwell.

If you look at the camera picture from the hallway camera, it shows the hallway on both sides, and even part of the door that leads into the stairwell. The camera in the stairwell would also have picked up any movement from the exit door to the outside. The only way I can see that a person could get to that camera undetected is by going in through the (locked) glass exit door, sliding under the hallway camera, and slipping into the stairwell, reaching up and unplugging the camera from below. Jason would have had to go in front of a camera going out any way that he tried and then the glass door was locked. He would have had to use his key card to get in through that door, and it would have left a digital trace.

Glenn

Now that there have been two trials and the last resulted in such an egregious miscarriage of justice, I think the defense should be rather intense in their questioning of Sgt. Spivey about where the rest of the security video went.

JMO

 

[MyBelle]

I guess my question will always be how GB was allowed to testify to begin with, when at the pre-trial hearing she froze in silence when asked by the state to describe Jason. If she couldn't get through the pre-trial hearing (which the public was denied access on video to her being questioned) and the Judge had to help her, how in the world was her testimony ever allowed in @ either trial?

JMO

http://www.wral.com/news/video/9616199/

At any rate, I am moving on!~

I was so disgusted at what was allowed at those trials but I doubt the Judge will ever provide an explanation. I feel the same way about the Judge in the Ryan Ferguson case......

JMO

 

[Glenn101]

Now that there have been two trials and the last resulted in such an egregious miscarriage of justice, I think the defense should be rather intense in their questioning of Sgt. Spivey about where the rest of the security video went.

JMO

I will have to go back and check the search warrants. I think that LE obtained that video. I would like to see the videos of the hallway around the 11:19 mark and around the time the camera was bumped up toward the ceiling. I am also wondering how tight that camera was on its mount and if Elmer Goad actually made it looser while plugging the lens back in. Those cameras are heavier at the back end the way they are mounted and once loosened vibration from things such as doors closing could have made it move upward on its own.

Glenn

 

[tarheellvr]

I find it interesting how some continue to misconstue the facts of the Appeals Decision. It is actually quite easy to read and comprehend. JY was not named as innocent. Jy was not named as framed by the court or LE.

In fact, only ONE complaint in JY's petition was found in error.....only ONE. JY is still in prison. JY is still considered guilty. Yes,, the Appeals Court granted a new trial....however this decision was based on only ONE issue, the child custody proceedings.

There is MUCH circustantial evidence. The DA's office is NOT afraid of a new trail/another conviction. In fact, IMO confidence abounds another conviction could easily be obtained.

Pursuant to Appeals Court Decision.........

JMO[/QUOTE]
IV. Conclusion
The introduction into evidence of the civil complaints and
judgment was in error and violated N.C. Gen. Stat. § 1-149, as
the evidence was used to prove a fact — namely, that Defendant
had killed Michelle — Defendant is deemed to have admitted in
the wrongful death civil action and which had been alleged in
the child custody proceeding. This evidence also severely
impacted Defendant’s ability to receive a fair trial. As such,
we order a
NEW TRIAL.
Judges STROUD and DILLON concur.

 

[JusticeFever]

^^ Not sure if you missed this, but Jason Young's conviction has been overturned.
It doesn't even matter why or how, he is getting a new trial. If you want, you can compare
it to his first being arrested and charged with Michelle's murder, but he has not yet been
found guilty.......Hope this helps:

N C Appeals Court Overturns Jason Young Murder Conviction:


http://www.wral.com/specialreports/michelleyoung/video/13530554/

This video also has updates on Cooper and Peterson for anyone interested.

 

[SStarr33]

^^ Not sure if you missed this, but Jason Young's conviction has been overturned.
It doesn't even matter why or how, he is getting a new trial. If you want, you can compare
it to his first being arrested and charged with Michelle's murder, but he has not yet been
found guilty.......Hope this helps:

N C Appeals Court Overturns Jason Young Murder Conviction:


http://www.wral.com/specialreports/michelleyoung/video/13530554/

This video also has updates on Cooper and Peterson for anyone interested.

I think the judges in NC might need to go back to judge school

 

[SStarr33]

I find it interesting how some continue to misconstue the facts of the Appeals Decision. It is actually quite easy to read and comprehend. JY was not named as innocent. Jy was not named as framed by the court or LE.

In fact, only ONE complaint in JY's petition was found in error.....only ONE. JY is still in prison. JY is still considered guilty. Yes,, the Appeals Court granted a new trial....however this decision was based on only ONE issue, the child custody proceedings.

There is MUCH circustantial evidence. The DA's office is NOT afraid of a new trail/another conviction. In fact, IMO confidence abounds another conviction could easily be obtained.

Pursuant to Appeals Court Decision.........

JMO
IV. Conclusion
The introduction into evidence of the civil complaints and
judgment was in error and violated N.C. Gen. Stat. § 1-149, as
the evidence was used to prove a fact — namely, that Defendant
had killed Michelle — Defendant is deemed to have admitted in
the wrongful death civil action and which had been alleged in
the child custody proceeding. This evidence also severely
impacted Defendant’s ability to receive a fair trial. As such,
we order a
NEW TRIAL.
Judges STROUD and DILLON concur.

LOL, wrong. JY is now considered innocent until proven guilty.

Period.

 

[JusticeFever]

I think the judges in NC might need to go back to judge school

Judge Stephens is a good Judge, but, imo, he was too involved in the Young case, from the very beginning.
Judge Gessner scares me, lol.

 

[JusticeFever]

LOL, wrong. JY is now considered innocent until proven guilty.

Period.

So true.......And, also there is an interim DA in Wake County right now,(Colon Willoughby retired) until the election. They have a big mess on their hands with all these retrials and I doubt any of them are feeling very confident to have to do any of them over again.
In the video I posted, a lawyer named Dan Boyce gives Jason Young the advantage in a 3rd trial......It is no secret I would like to see a plea deal not only offered but accepted.

JMO
Interim DA is District Judge Ned Mangum.
www.wral.com/governor-appoints-distict-court-judge-as-interim-wake-da/13518670/

 

[JusticeFever]

I find it interesting how some continue to misconstue the facts of the Appeals Decision. It is actually quite easy to read and comprehend. JY was not named as innocent. Jy was not named as framed by the court or LE.

In fact, only ONE complaint in JY's petition was found in error.....only ONE. JY is still in prison. JY is still considered guilty. Yes,, the Appeals Court granted a new trial....however this decision was based on only ONE issue, the child custody proceedings.

There is MUCH circustantial evidence. The DA's office is NOT afraid of a new trail/another conviction. In fact, IMO confidence abounds another conviction could easily be obtained.

Pursuant to Appeals Court Decision.........

JMO

IV. Conclusion
The introduction into evidence of the civil complaints and
judgment was in error and violated N.C. Gen. Stat. § 1-149, as
the evidence was used to prove a fact — namely, that Defendant
had killed Michelle — Defendant is deemed to have admitted in
the wrongful death civil action and which had been alleged in
the child custody proceeding. This evidence also severely
impacted Defendant’s ability to receive a fair trial. As such,
we order a
NEW TRIAL.
Judges STROUD and DILLON concur.[/QUOTE]

_________________________________________________________________________
BBM

Also incorrect....
The ruling was based on the wrongful death suit information being allowed in..

http://www.wral.com/nc-appeals-court-orders-new-murder-trial-for-jason-young/13528780/

........ "judge should not have allowed evidence about a wrongful death suit"

 

[MyBelle]

LOL, wrong. JY is now considered innocent until proven guilty.

Period.

Exactly. Where on earth did anyone get the idea only one issue was found in error? The appellate opinion noted TWO civil cases were introduced as evidence, not just one. Nobody here has misconstrued that important fact. Note the use of the descriptive, "severely impacted Defendant's ability to receive a fair trial" as far as the second trial. Anybody who thinks this is no big deal probably hasn't invested anything into the protection of our freedoms as a democracy. Just sayin....

JMO

 

[MyBelle]

I will have to go back and check the search warrants. I think that LE obtained that video. I would like to see the videos of the hallway around the 11:19 mark and around the time the camera was bumped up toward the ceiling. I am also wondering how tight that camera was on its mount and if Elmer Goad actually made it looser while plugging the lens back in. Those cameras are heavier at the back end the way they are mounted and once loosened vibration from things such as doors closing could have made it move upward on its own.

Glenn

I think the cops obtained that video too. And then conveniently lost it because there is no other explanation for the total absence of all video after that last shot of Jason. None. Doesn't matter about the camera tilted up because it was done after that last shot of Jason doing nothing more than walking down a hallway of the hotel.

JMO

 

[oenophile]

I find it interesting how some continue to misconstue the facts of the Appeals Decision. It is actually quite easy to read and comprehend. JY was not named as innocent. Jy was not named as framed by the court or LE.

In fact, only ONE complaint in JY's petition was found in error.....only ONE. JY is still in prison. JY is still considered guilty. Yes,, the Appeals Court granted a new trial....however this decision was based on only ONE issue, the child custody proceedings.

As others have noted here, the big error was the judgement in the civil suit being introduced in the trial, and JY is once again innocent until proven guilty (unless the Supreme Court of NC decides to review the case, then that could be reversed in theory, but highly doubtful).

But the big point that I want to make is that just because only ONE error was determined during the trial, that does not validate the rest of the evidence. What is says is that this piece of evidence (introduced in error) was so prejudicial that it impacted the jury's ability to weigh the rest of the evidence. If you remove the prejudicial evidence and allow the jury to consider only the permitted evidence, then the result may have been a different verdict, such as in the first trial. The appeals court justices did not, in any way, say that the rest of the evidence pointed to JY's guilt, only that it was allowed to be used during the trial.

 

[Glenn101]

I do think that the defense missed an opportunity to have Gracie's testimony thrown out also. Or maybe they are going to object again and use that as an appeal option if a new trial goes against Jason. The response to her testimony by several who feel that Gracie is solid goes to the heart of why we get wrongful convictions based upon eye witness testimony. Juries in their weighing the credibility of eye witnesses have gotten it wrong so many times. It is not funny any way you look at it.

Glenn

 

[tarheellvr]

^^ Not sure if you missed this, but Jason Young's conviction has been overturned.
It doesn't even matter why or how, he is getting a new trial. If you want, you can compare
it to his first being arrested and charged with Michelle's murder, but he has not yet been
found guilty.......Hope this helps:

N C Appeals Court Overturns Jason Young Murder Conviction:


http://www.wral.com/specialreports/michelleyoung/video/13530554/

This video also has updates on Cooper and Peterson for anyone interested.

Yes, I'm quite aware of this and stated as such if you had completely read my post. Yes, I did omit the wrongful death suit in my quckness to reply. I should have stated "Defendant is deemed to have admitted in the wrongful death civil action and which had been alleged in the child custody proceeding. "

The point I tried to make in my post was the embellishment of information posted by some here. Nowhere in this ruling was JY stated as innocent and I stand by this.......he WAS granted a new trial. But nowhere did it state the entire trial was prejudicial. The Appelllate Court found no error in the other two issues, daycare workers testimony and Judge Stephens jury instructions. Nowhere did I mention validation of other evidence. I only said there is still much evidence and there is. Circumstantial or not, there is still much evidence in this case.

As far as I know, where I come from Judges are appointed after law school , passing the bar, and becoming attorneys. I'm not sure what the procedures are on other planets.

If you will go back to other trials, Dan Boyce is vocal there as well. Maybe he likes the spotlight......I don't know. Any insinuation DA's office and/or court system is fearful of JY is incorrect. As for a third trial, guess we'll wait and see.