Around the 9:54 mark Judge Stephens explains 5th amendment rights
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Investigators managed to request that Jason appear for pictures on Nov 7. If the clothes that he was wearing when he returned to Raleigh were important to the investigation, they should have been requested at the same time.
It's highly unlikely the next jury will ignore the judge's instructions.
JMO
Jason was not required to come up with missing clothing. Your opinion that it would have guaranteed an acquittal is just that. Jurors were supposed to follow instructions and forcing him to prove his innocence wasn't listed.
JMO
Jason was not required to come up with missing clothing. Your opinion that it would have guaranteed an acquittal is just that. Jurors were supposed to follow instructions and forcing him to prove his innocence wasn't listed.
The jurors had a duty to follow the Judge's instructions. If they failed to do so in any way, they'll pay the consequences. I do agree that a fourth-grader should understand the concept.
JMO
That Jason Young didn't produce the clothes he was wearing when he left the HI, of his own volition, when the consequences to him were LWOP, is proof that he does not have them and never did have them...they were dumped.
No one can reasonably be expected to believe an individual would be obstinate enough to allow himself to be convicted because a whole separate set of clothes wasn't requested of him by LE. As far as concepts go, that one is just silly. As far as excuses go, its beyond flimsy.
Evidence has been defined as: The available facts or information indicating whether a belief or proposition is true or valid.
JY may legally not needed to have produce his clothing from the night in question but it sure would have helped his position of being found not guilty of murder. It is a fact that he could not produce the clothing. It is a fact that Gracie encountered JY the morning of 11/3/2006.
If I am being charged with a crime I would do everything I could to support my position, JY did none of that. All the information we have, which includes his behavior, tells us that JY was covering up the fact that he was guilty of murder. The state did not want that to be the case until it was obvious to them that he was, and that did not take very long.
Evidence has been defined as: The available facts or information indicating whether a belief or proposition is true or valid.
JY may legally not needed to have produce his clothing from the night in question but it sure would have helped his position of being found not guilty of murder. It is a fact that he could not produce the clothing. It is a fact that Gracie encountered JY the morning of 11/3/2006.
If I am being charged with a crime I would do everything I could to support my position, JY did none of that. All the information we have, which includes his behavior, tells us that JY was covering up the fact that he was guilty of murder. The state did not want that to be the case until it was obvious to them that he was, and that did not take very long.
Evidence has been defined as: The available facts or information indicating whether a belief or proposition is true or valid.
JY may legally not needed to have produce his clothing from the night in question but it sure would have helped his position of being found not guilty of murder. It is a fact that he could not produce the clothing. It is a fact that Gracie encountered JY the morning of 11/3/2006.
If I am being charged with a crime I would do everything I could to support my position, JY did none of that. All the information we have, which includes his behavior, tells us that JY was covering up the fact that he was guilty of murder. The state did not want that to be the case until it was obvious to them that he was, and that did not take very long.
BBM
While I do tend to lean towards believing Gracie did see JY that morning, I don't believe it is a fact that she did. It is a fact she claims she saw him but nothing was presented to support her claim that makes her claim factual.
IMO
As the judge states to the jury, 'you can believe some of what a witness testifies to, or all of what a witness testifies to, it's up to you the jury to decide the credibiity of witnesses and their testimony.' If I were a juror on the JLY trial, I'd firmly believe gracie's testimony *because* it fit exactly into the timeline. He was where he would have been, by the time the camera at HI was once again, tilted up to the ceiling. Gracie testified to a specific customor, his specific purchase of gas with cash, between 5:25 - 5:30 a.m. And low and behold, that's right about where JLY would have been at that time on his trip back from Raleigh. She had gas receipts to prove the time she stated, without any prior knowledge as to the timeline circumstance. When taken in total, her testimony puts our boy right where he should have been, to be able to tilt that camera back up to the ceiling at HI approx an hour later.
<modsnip> That's not the way it works no matter how often you repeat it.
In reality, our justice system says Jason doesn't have to prove his innocence. The fact that the prosecution's entire case was focused on his silence and that he hasn't provided the items they claim are missing could be construed as prosecutorial misconduct.
JMO