Landonsmom02
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BREAKING NEWS!! JY atts have filed an appeal on his conviction
http://www.wral.com/specialreports/michelleyoung/
http://www.wral.com/specialreports/michelleyoung/
I just saw that. What took them so long? Poor Mrs. Fisher, Meredith and Cassidy, although they knew this was coming.
I followed this trial. I can't find the juror instructions, but no way Judge Stephens said the jury could construe his silence as evidence of guilt! To the contrary, asI recall, because it made me cringe to hear his silence could not be used against him. but the defense must have some basis or that issue to be raised. Does anyone know where I can find a copy of the instructions or can you explain?
We knew the teacher's testimony about the dolls would be one basis for appeal (right to confront accuser grounds).
Anyway, I love Judge Stephens. I trust his judgment.
It looks like there are a number of good legal reasons for a retrial:
"The day care workers' testimony was not introduced in Jason Young's first trial, and ... [Judge] Stephens should not have allowed it in the second.
... Stephens' decision to allow testimony about a $15.5 million wrongful death lawsuit and about a custody dispute over Cassidy Young violated Jason Young's right to a fair trial.
... Stephens should not have instructed the jury that it could consider Jason Young's "failure to talk to friends and family as substantive evidence of guilt."
"Instructing the jury that it could infer guilt from Mr. Young's silence was error so fundamental that the jury probably would have returned a different verdict had it not been permitted to do so,"
http://www.wral.com/jason-young-appeals-conviction-in-wife-s-2006-beating-death/12720156/
The "right to remain silent" applies when you have had the Miranda Rights read to you when you have been arrested. He was never arrested until the Grand Jury came back with a Guilty Verdict how many years after the fact. In all that time, he spoke to NO ONE about his dead wife, not even LE when asked. I don't understand how that was a "fundamental error" for the judge to instruct inferring guilt.
Plus this is interesting...
http://www.thenewamerican.com/usnew...eme-court-bombshell-no-right-to-remain-silent
Yeah, the judge did not say that JY's silence to family or friends was substantive evidence of guilt. Shouldn't an appeal be factual?
Here is the judge's charge to the jury. Warning, you will have to view his ugly mug.
Jury instructions
I have no doubt that Jason Young is guilty of the urder of his wife, Michelle Fisher.
When I expected justice, I discovered that the NC system has an unusual law that allows for the defendant to be discrebited before evidence is presented. That is what happened with Jason Young and Brad Cooper. The defesnce was permitted to enter neighbors as character witneses, and they're opinions about the facts of the case were allowed as testimony. That biassed the jury against the defendant. Even if the judge is lenient towards the defense, it does not undo street gossip.
The "right to remain silent" applies when you have had the Miranda Rights read to you when you have been arrested. He was never arrested until the Grand Jury came back with a Guilty Verdict how many years after the fact. In all that time, he spoke to NO ONE about his dead wife, not even LE when asked. I don't understand how that was a "fundamental error" for the judge to instruct inferring guilt.
Plus this is interesting...
http://www.thenewamerican.com/usnew...eme-court-bombshell-no-right-to-remain-silent