Jason Young to get new trial #3

[PrimeSuspect]

This is also interesting on p. 12:



The only time the camera had been tampered with in the past was when guests were sneaking in and out of the emergency exit.

And this from page 11:


We know Jason checked in at 10:54 and entered his room at 10:56 and some time between 11:00 and 12:00 Jason went down the stairs and out the emergency exit where the camera was to retrieve his computer charger. Do we have any more info on exactly when Jason left his room for the first time?

I think this is going to be hard to stick. There are other people staying at the hotel.

 

[PrimeSuspect]

http://www.wral.com/asset/specialre...5/Sept._12_2006_email_to_Genevieve_Cargol.PDF

JY tells his lover all about the accident. He has an answer for everything, and state's got nothing except a very brutal murder on a beautiful young mother.

I watched him on the stand talking about finding out about both pregnancies, he was animated and delighted, he appeared truthful in my opinion.

 

[minor4th]

I think this is going to be hard to stick. There are other people staying at the hotel.

So we dont know what time he went out between 11:00 and 12:00? I might have to go back and listen to Jasons testimony again.

 

[minor4th]

I think this is going to be hard to stick. There are other people staying at the hotel.

I think its a pretty important piece of circumstantial evidence. The camera was messed with twice at same times that Jason would have been leaving that exit door to get his charger and again at about the time Jason would have been leaving the hotel (or returning from a murder trip).

On its own it wouldnt be enough to prove guilty, of course, but its the kind of coincidence that points to guilt when considered with all the other coincidences. IMO

 

[minor4th]

One way to judge the credibility of Jasons testimony and alibi is to see if there are any lies. One that comes to mind is that Jason said he went to his car to retrieve his charger and reviewed his sales software until 11:53, but computer forensics shows that he did not use his sales software that night.

Another one is the sheer unlikelihood that he went outside to smoke a cigar and look at the paper in freezing and gusty weather. It would be different if he were a habitual smoker and had to get his nicotine, no matter the weather. But he wasnt. No one had ever even seen him smoke a cigar and all reported that he was a vocal anti smoker. It seems so unlikely that Jason would have chosen that one night to smoke a cigar and in such unpleasant weather conditions.

Another likely falsehood is his story about the Coach purses and ebay searches. Computer analysis shows the searches were completed at 7:23 and he was getting gas at 7:30. Those printouts were done immediately before he left the house, so it is so improbable that he waited for them to print out and then turned them upside down and left them instead of putting them in his bag as he was leaving. Also, he printed out other materials around the same time and managed to bring those with him, but accidentally left behind only the ebay printouts? That is so improbable that it cannot reasonably be true.

Do any of those lies prove hes a murderer? Of course not, but if hes lying about things in his alibi, you cannot take it as true.

 

[SteelerGirl43]

I know people who don't smoke cigarettes and are very vocal about it but will smoke a cigar.....

 

[minor4th]

I know people who don't smoke cigarettes and are very vocal about it but will smoke a cigar.....

Sure but the defense couldn't come up with a single witness who had seen Jason smoke a cigar. What are the chances he took up smoking cigars in the freezing weather while alone at a hotel on the night his wife was murdered?

It's just not believable IMO

 

[SteelerGirl43]

I believe him.....

 

[Boodles]

I think its a pretty important piece of circumstantial evidence. The camera was messed with twice at same times that Jason would have been leaving that exit door to get his charger and again at about the time Jason would have been leaving the hotel (or returning from a murder trip).

On its own it wouldnt be enough to prove guilty, of course, but its the kind of coincidence that points to guilt when considered with all the other coincidences. IMO

I have never once loaded up my laptop, taken it to the car, then while in the car removed the power supply from my computer bag for the drive to my destination. And I'm talking about daily commutes for xx years. You just don't take the power supply out of the bag until you get where you're going, unless you're plugged in at an airport or elsewhere along the way. So this is likely another lie.

I believe he left his room to scope out cameras, entries/exits. He made up the "went to the car to get my charger" bit, along with the rest of his story, once he knew what the State had as evidence.

Furthermore, a frequent business traveler learns quickly to "leave room - take key card." It becomes 2nd nature. You learn from the first (or second, if you're slow) lockout.

As far as not closing the hotel room door because he didn't want to disturb any potential neighbors? Really? This guy who does "dick-tricks" and gets naked at gatherings, and is disruptive to the point of being excluded from social events, all of a sudden becomes Mr. Considerate of Others, those "others" being both strangers and not even known to exist in the adjoining rooms? Alrighty then!

Speaking of oddities, neither Josh nor Shelly ever asked him if he did it. Ryan Schaad, the BFF, arranged for JY to meet with Roger Smith (criminal defense attorney from a well known firm). They immediately thought he was in need of an attorney. And yes, this was because their answers to law enforcement questions did not put JY in a favorable light, per his BFF's. And they withheld some (negative) information from LE at first, such as the fact that JY was having an affair and felt he was in love with Michelle Money. They withheld this (key) bit of info from LE on November 3, 2016. Seems like they were trying to protect him. Why would BFF's try to protect him and make sure he didn't speak to LE? Because they thought (or knew) that JY was involved. IMO.

 

[MyBelle]

I believe him.....

So do I. Many men smoke find an occasional cigar to be relaxing and somewhat celebratory...Jason was in a new job. Being a little nervous about it is normal.

The suggestion that Jason must "prove" he was an occasional cigar smoker is laughable. He said he smoked it... They had proof he purchased it.... Instead of Jason needing to prove his innocence, the prosecution needs to focus on proving his guilt....next time around without the dirty tactics.

JMO

 

[MyBelle]

I think this is going to be hard to stick. There are other people staying at the hotel.

It already doesn't stick. The times don't work using the timeline that is in the appellate opinion: Jason would have returned to the hotel while the cameras were all operational.

Gas purchases: 5:27 - 5:36 AM

40 - 45 minute drive between
4Brothers and Hotel = 6:07 - 6:21 AM


Camera operational: 5:50 - 6:34 AM

Anybody who can add isn't going to believe Jason was in a rush with Gracie but then arrived back at the hotel and spent another 13 or more minutes twiddling his thumbs before entering the building.

JMO

http://www.wral.com/asset/news/local/2014/04/01/13529333/April_1_2014_Appeals_Court_Opinion.pdf

 

[Landonsmom02]

Something I was thinking about. It took 3 years to get an indictment by a grand jury. So who's to say that the DA's office didn't order a grand jury before and they didn't have enough evidence? That's why it took so long for an arrest. They had to have sufficent evidence and it was presented to a grand jury and they said yes. If they didn't have enough evience then a GJ would have never ordered an indictment. Aren't grand jury meetings secret except for, and if, people testify during them? If I'm wrong please advise. I, imo, don't think it was a rush to judgement. They needed all of their ducks in a row. Of course the spouse has to be ruled out. But JLY made it impossible to do that and if he was really innocent he would have cooperated. I still don't see how anyone can believe his testimony? If it was that simple to explain then why wait almost 5 years? Because by then he knew the state's case and made up his story,imo. And don't give me that crap about talking to police. His lawyer could have easily came with him and advised him of what questions to answer and not answer. It wasn't like he would be trapped at the station.

 

[Landonsmom02]

While reading the appellate document I don't remember this: made several calls to his mother and others while driving to
Clintwood, with several lasting ten seconds or less.
Investigator McCormick testified it was possible the large
number of short calls could be from dropped phone calls, but he
-13-
also said that “knowing what I know about telephonic
investigations,” the call frequency reflected a person who was
panicked.

 

[Landonsmom02]

Also, the emergency door didn't allow for re-entry so that's the reason, JY said he placed a twig there. BUT why didn't he just use the glass door next to it? Was it because it was locked and only keycard can be used? Or no keycard was able to unlock the door??

 

[Landonsmom02]

This is the first time I have read this and it looks like CY excited utterance isn't part of the appeal so that should put to rest about that particular evidence being admitted at trial was wrong.

 

[JusticeFever]

While reading the appellate document I don't remember this: made several calls to his mother and others while driving to
Clintwood, with several lasting ten seconds or less.
Investigator McCormick testified it was possible the large
number of short calls could be from dropped phone calls, but he
-13-
also said that “knowing what I know about telephonic
investigations,” the call frequency reflected a person who was
panicked.

And the AT& T analyst, Keith Patterson, the witness the state called, testified in court to the fact that they were consistent with dropped calls......

 

[Landonsmom02]

And the AT& T analyst, Keith Patterson, the witness the state called, testified in court to the fact that they were consistent with dropped calls......

Umm yeah. I quoted that in my comment so.........

 

[Madeleine74]

Also, the emergency door didn't allow for re-entry so that's the reason, JY said he placed a twig there. BUT why didn't he just use the glass door next to it? Was it because it was locked and only keycard can be used? Or no keycard was able to unlock the door??

Glass door required card reader after hours. He didn't want a record of his coming back in. He thought he'd be back earlier than he was. Around 6am the glass door was then unlocked, emergency door had earlier been discovered propped and rock removed. He was able to come in through the unlocked glass door, be behind the camera, and push that camera up, then go through the door to the stairwell and back up to the 4th floor to his room. Only camera on 4th floor was across from elevator, none covering stairway doors. He got lucky there.

 

[Madeleine74]

I've never called someone 20+ times in a row. Not even when my brother had been found dead (heart attack). A dropped call I'll try again and 2 more times. Then I stop until I have a better connection. Or sometimes I'll wait until later when I can use a land line. 20+ calls to his mom indicates urgency, a need to connect right then and there. Something had him dialing overAndoverAndover to the one person he knew he could count on, unconditionally. I believe it was very much about his need to get someone over to his house to get his daughter. Pat calling MF was something that never happened before. Another unusual occurrence that day that Michelle was killed. Urgency over an ebay printout.. not buying it when we know he printed the map at the same time and then took the map with him, leaving the ebay printout.

 

[Grammy Jean]

And the AT& T analyst, Keith Patterson, the witness the state called, testified in court to the fact that they were consistent with dropped calls......

I think the point is that yes, they were dropped calls but the analyst was testifying that the frequency was an indication of someone in a panic. IMO if JY just wanted to chat with his mom and a few calls got dropped he would just stop. The fact they he continued to call with such frequency, indicated to the analyst that panic was involved. IMO he was in a panic to see if his mom could confirm she had gotten a hold of MF. JY certainly did not at that point want to talk to MF in case she had already arrived and discovered the body of MY.