Jason Young to get new trial #3

[citygirl]

The garage door was broken, and they didn't lock the door to the mud room. I don't lock the door to my mud room, and if my garage door was broken, I might forget to lock it.

I'll admit to this now because I'm sure any statute of limitations on B&Es I committed 15+ years ago has run out. We would drive around at night and look for garage doors that were open. People usually leave that door unlocked. People usually come home, set their wallet or purse down on the nearest counter and leave it there. In and out in less than 5 seconds. We'd also steal people's gas cans too because running out of gas was a common occurrence when all our money went to other things.

Maybe it was a botched robbery? Maybe the killer(s) didn't have it in them to kill a little girl?

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Did you ever creep upstairs and brutally beat someone to death? Would you have murdered someone in the midst of your botched robbery? Murdered them then taken nothing? Hit them on the head 30 times? Would any of your colleagues do that? And if they or you had would you have not had the heart to murder the child?

 

[otto]

In order to win, he needs to hire a private attorney. No more public defenders. They do the best they can with limited resources, but it is not the same. And a female might be best.

His mom needs to sell some of her land.

There are three children in the family. I suspect that Jason's parents do what most parents do. When they are ready to share some of their surplus wealth, they divide it equally between the children. I doubt that Jason's parents are of an age where they are ready to liquidate assets and share large amounts of money. Jason could probably borrow against his inheritance, but without knowing the verdict, that would be a very risky loan. Hopefully a good lawyer will believe in his innocence and will give him the best defense possible with whatever the state provides in compensation.

 

[otto]

Did you ever creep upstairs and brutally beat someone to death? Would you have murdered someone in the midst of your botched robbery? Murdered them then taken nothing? Hit them on the head 30 times? Would any of your colleagues do that? And if they or you had would you have not had the heart to murder the child?

Michelle's ring was alleged to have a value of something like $15k. That was stolen on the night of the murder. It is not true that there was no theft on the night of the murder.

 

[tarheellvr]

Prosecution function:

http://www.americanbar.org/publicat...ion_archive/crimjust_standards_pfunc_blk.html

(c) The duty of the prosecutor is to seek justice, not merely to convict.

The corruption/shoddy work in the prosecutors office is well know and has gone on for years.

and you know this how???

 

[jova33]

Did you ever creep upstairs and brutally beat someone to death? Would you have murdered someone in the midst of your botched robbery? Murdered them then taken nothing? Hit them on the head 30 times? Would any of your colleagues do that? And if they or you had would you have not had the heart to murder the child?

I had an acquaintance who did a B&E in broad daylight while high on LSD. He figured the people were at work. The wife came home and threatened to call the cops on him. He grabbed a kitchen knife and cut her up pretty bad. She didn't die. This was in like '96 and I still think he's in prison.
So even though I never encountered a homeowner on and of my B&Es, I don't think I would've killed them, but obviously people who ran in the same circles as me had it in them to do such.

The killer(s) did take things, like the wedding ring set and whatever was in the jewellery box. Stuff you wouldn't get more that a couple hundred for at the pawn shop.

I've seen people on drugs do some messed up stuff in this lifetime. I could imagine a meth head beating someone until they couldn't lift their arms again. Meth makes people act on impulse, so if it were a meth head, they might not even realize what they had done until after they did it. Then yeah, consciousness would kick in and they'd realize a child was there.

Or it could've just been a deranged individual.

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[Madeleine74]

Michelle's ring was alleged to have a value of something like $15k. That was stolen on the night of the murder. It is not true that there was no theft on the night of the murder.

Taken off her finger. A random burgler would have no idea a sleeping woman would be wearing a diamond ring and 30+ blows to the head is far beyond what's required to disable the woman. At the same time this burgler bypassed other valuables downstairs including a purse, wallet, electronics, etc. Further they attended to a toddler--what random crazed burgler attends to a child? This crime was not random and the purpose was not burglary and the perp had an emotional attachment to the child and rage against the victim.

 

[MyBelle]

In order to win, he needs to hire a private attorney. No more public defenders. They do the best they can with limited resources, but it is not the same. And a female might be best.

His mom needs to sell some of her land.

Some states allow a private attorney to represent an indigent defendant as long as they charge a rate the state finds reasonable. I think the law firm who gave Jason the advice to keep his mouth shut to everyone and that he should default on the civil suits should step up.

JMO

 

[MyBelle]

Michelle's ring was alleged to have a value of something like $15k. That was stolen on the night of the murder. It is not true that there was no theft on the night of the murder.

Not true at all, ITA.

 

[PrimeSuspect]

Sorry I made a miscalculation in my post #1054.

The gas station at King is approximately 45 mins from Hotel, the $20 gas purchase was made at 5.36 am which supposedly was JY, the camera was moved up at entry point of Hotel at 6.35 am. So it is doable. jmo

Ms. Calhoun testified that Defendant came into the store and cursed at her because the pumps were not on, threw $20 at her, pumped $15 of gas and drove off without returning for change. Store records showed several gas and in-store purchases between 5:00 a.m. and 5:40 a.m., including a $15 gas purchase at 5:27 a.m. and a $20 gas purchase at 5:36 a.m.

2 things - why would JY bring attention to himself when he is in the process of committing the perfect murder?

There is no way JY could have arrived at hotel at 6.35 am if the state wants us to believe he moved the camera? The drive takes 1 and 1/2 hours. So if it was JY then he didn't move the camera, someone else did, and JY arrived later at the hotel. Or he did move the camera at that time but it wasn't him who purchased the gas? Has to be one or the other.

 

[oenophile]

Taken off her finger. A random burgler would have no idea a sleeping woman would be wearing a diamond ring and 30+ blows to the head is far beyond what's required to disable the woman. At the same time this burgler bypassed other valuables downstairs including a purse, wallet, electronics, etc. Further they attended to a toddler--what random crazed burgler attends to a child? This crime was not random and the purpose was not burglary and the perp had an emotional attachment to the child and rage against the victim.

Something jova33 raised and I hadn't considered before, if the burglar was on drugs, this would be a completely reasonable explanation for the excessive beating of MY. There is an assumption that any burglar would be of sound mind, but in fact someone who is drugged up would lack both self control (hence the excessive force) and judgement. This would completely demolish the opinion that the "perp had an emotional attachment to the child and rage against the victim".

 

[otto]

Something jova33 raised and I hadn't considered before, if the burglar was on drugs, this would be a completely reasonable explanation for the excessive beating of MY. There is an assumption that any burglar would be of sound mind, but in fact someone who is drugged up would lack both self control (hence the excessive force) and judgement. This would completely demolish the opinion that the "perp had an emotional attachment to the child and rage against the victim".

There's another case being discussed here where a baby was beaten to death by a random murderer and mom is alive ... it happened under the influence of drugs.

 

[otto]

Taken off her finger. A random burgler would have no idea a sleeping woman would be wearing a diamond ring and 30+ blows to the head is far beyond what's required to disable the woman. At the same time this burgler bypassed other valuables downstairs including a purse, wallet, electronics, etc. Further they attended to a toddler--what random crazed burgler attends to a child? This crime was not random and the purpose was not burglary and the perp had an emotional attachment to the child and rage against the victim.

The time of death is between midnight at 6AM. (the time was modified to 4:30AM to better fit Jason's timeline, and the time when all the lights were turned on)

The perp entered through the garage door. After entering the house through the attached people door, the perp would be standing at the bottom of the back stairwell with a door on the left to the kitchen. If any lights were on in the main floor, the perp may have assumed that someone was awake. If the objective was to steal jewelry (indeed, that is all that was stolen), then the perp would have gone up the back stairs to the second floor in search of the master bedroom.

The purse was in the kitchen. If the perp was supposed to search the purse first, then it was necessary to know that the purse was just out of sight in the kitchen. It was also necessary to enter the kitchen first.

After the perp was on the second floor, the bedrooms were accessible. If the perp was rifling through the jewelry drawers (there are unidentified prints and missing jewelry drawers) and Michelle woke up, that could have resulted in panick and overkill.

After the murder, I think that the perp would have one thought in mind: leave immediately.

I've never been convinced that the child was awake at the time of the murder. I think it is very possible that she woke up in the morning and left the trace of blood on the carpet that existed between the master bedroom, the bathroom, and the child's bedroom. This is supported by the fact that there is only one set of prints in the bathroom, and the fact that it appears that the child spent a lot of time in the bathroom.

 

[JusticeFever]

Sorry I made a miscalculation in my post #1054.

The gas station at King is approximately 45 mins from Hotel, the $20 gas purchase was made at 5.36 am which supposedly was JY, the camera was moved up at entry point of Hotel at 6.35 am. So it is doable. jmo

LE canvassed gas stations along Jason's route and found a cash receipt at 5:27 am that would fit the timeline. And,If you believe the fact there were no cameras, and the fact that the eye witness had brain damage and a memory problem and the eye witness's witness was never found even though they put up flyers, and if you believe Jason would really cause a scene and draw unwanted and unnecessary attention to himself, and if you believe that even though other transactions were only a minute or minutes apart, but no one else saw Jason, and, if you can believe all that, then yes, Jason was there...
That is the only way you can believe this happened.

 

[otto]

and you know this how???

Regarding the point of how this is known:

"The corruption/shoddy work in the prosecutors office is well know and has gone on for years" ~ SStarr33

This information is widely known:

"As bad as that scandal was, it pales in comparison with one uncovered the year before at the North Carolina State Bureau of Investigation’s crime lab. An independent audit by two retired FBI agents showed that analysts there had systematically withheld or distorted evidence in more than 230 cases over a 16-year period, including three cases that resulted in executions.

The audit, precipitated by the exoneration of an innocent man who had served 16 years of a life sentence in the murder of a prostitute in 1991, found the lab’s serology section had long had a policy of reporting that presumptive tests for the presence of blood were positive, while failing to reveal when confirmatory tests proved to be negative or inconclusive. As a matter of practice, analysts also filed reports that overstated their test results and contradicted their bench notes.

A subsequent investigation by the Raleigh News & Observer found overwhelming evidence of a pro-prosecution bias at the lab, including training materials advising analysts on how to improve their conviction rates and instructing them to be wary of defense experts, whom it referred to as “defense *advertiser censored*.”

Performance reviews were written by prosecutors praising individual analysts for their favorable testimony, and a video showed two blood-spatter experts congratulating each other when, after several failed attempts, they successfully re-created a scenario supporting the prosecution’s theory of the case.
...
In the wake of the scandal, the North Carolina legislature enacted several reforms."

http://www.abajournal.com/magazine/..._after_a_string_of_shoddy_suspect_and_fraudu/

 

[Madeleine74]

The NC SBI's lab investigation covered through year 2000. MY's murder occurred in 2006. Is it being alleged that the SBI falsified results in this case and the forensic results in this case are invalid? What about the CCBI? I've not heard of any problems in MY's case or any cases in which a murder occurred in the last 10 years in NC and that SBI results are at issue. But specifically in MY's case, which is what we're discussing on this board, there has been no issue of tainted or invalid forensic testing or results.

 

[Madeleine74]

The time of death is between midnight at 6AM. (the time was modified to 4:30AM to better fit Jason's timeline, and the time when all the lights were turned on)

The perp entered through the garage door. After entering the house through the attached people door, the perp would be standing at the bottom of the back stairwell with a door on the left to the kitchen. If any lights were on in the main floor, the perp may have assumed that someone was awake. If the objective was to steal jewelry (indeed, that is all that was stolen), then the perp would have gone up the back stairs to the second floor in search of the master bedroom.

Do you honestly believe the point of this crime was burglary? The investigation concluded this was not a burglary/home invasion and the victim was specifically targeted for a murder. It might be the only thing both sides agree on. Further, both sides believe CY was taken care of by the perp; they differ on who they think the perp was.

Or, to put it more succinctly, I will quote your own words from a prior post upstream: "Investigators solve murders, not persons of interest, not the general public." I might add to that: nor persons on the Interwebs including forums, social media, blogs, or conspiracy theorists.

 

[Landonsmom02]

But, to me, it seems like he drew so much extra attention to himself when he knew he was not only going to be looked at, investigated,and, scrutinized beyond belief......why talk to MM at all, once his plan was formulated and why the heck argue with MY about anything, she was going to be dead soon.

So I haven't had a chance to catch up on this thread but I wanted to stick my :twocents: in. And I apologize in advance if this has been answered. But he still continued his daily routine to talking to MM because if he didn't that would make him look more suspicious and also make MM ask questions. i mean they spoke daily for a few months and then the night/day his wife is killed no communication = red flags, imo.

 

[SStarr33]

The NC SBI's lab investigation covered through year 2000. MY's murder occurred in 2006. Is it being alleged that the SBI falsified results in this case and the forensic results in this case are invalid? What about the CCBI? I've not heard of any problems in MY's case or any cases in which a murder occurred in the last 10 years in NC and that SBI results are at issue. But specifically in MY's case, which is what we're discussing on this board, there has been no issue of tainted or invalid forensic testing or results.

http://reason.com/archives/2010/08/23/north-carolinas-corrupted-crim

A stunning accompanying investigation by the Raleigh News & Observer found that though the crime lab’s results were presented to juries with the authoritativeness of science, laboratory procedures were geared toward just one outcome: putting as many people in prison as possible. The paper discovered an astonishingly frank 2007 training manual for analysts, still in use as of last week, instructing researchers that “A good reputation and calm demeanor also enhances an analyst's conviction rate.” Defense attorneys, the manual warned, often “put words into the analyst's mouth to try and raise inaccuracies.” The guide also instructs analysts to beware of “defense *advertiser censored*”—analysts hired by defense attorneys to challenge their testimony.

So will the lab at least open itself to peer review and observation? John Watters, a 17-year veteran of North Carolina's Department of Justice who, as the News & Observer reports, "fights requests for information not specifically listed in the discovery law that ensures that defense attorneys have access to investigative reports," told the paper he'll resist any effort to allow outsiders to evaluate the lab's work. In fact, the lab banned outside observers in 2009. In a hearing the same year, Watters explained his reasoning:

"I'm telling you that the thing that concerns us most is the precedent this would set, and the potential for harm...we've never been a testing laboratory for the defendant. We are the state's laboratory."

This is frightening.

 

[SStarr33]

Do you honestly believe the point of this crime was burglary? The investigation concluded this was not a burglary/home invasion and the victim was specifically targeted for a murder. It might be the only thing both sides agree on. Further, both sides believe CY was taken care of by the perp; they differ on who they think the perp was.

Or, to put it more succinctly, I will quote your own words from a prior post upstream: "Investigators solve murders, not persons of interest, not the general public." I might add to that: nor persons on the Interwebs including forums, social media, blogs, or conspiracy theorists.

This was a burglary. MF went through the house with LE and pointed out everything that was missing.

 

[Madeleine74]

This was a burglary. MF went through the house with LE and pointed out everything that was missing.

Investigators concluded burglary was not the point of this crime; they determined it was done to make it look like burglary was the motive, but the scene appeared to be staged, and multiple valuable items within easy reach were not touched. I've seen no evidence to prove that assertion wrong.