Jason Young to get new trial #4

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Not sure why this matters? She had fewer husbands than the defendant's conquests during his life with MY, no?

You're right, none of that matters. GC didn't ask to be involved in this. She was in the wrong place at the wrong time. There's no need to allude to her personal life. And hoping she gets "attacked" in a possible 3rd trial? :facepalm:
 
You're right, none of that matters. GC didn't ask to be involved in this. She was in the wrong place at the wrong time. There's no need to allude to her personal life. And hoping she gets "attacked" in a possible 3rd trial? :facepalm:

No defense attorney worth their salt would stoop to that, IMO. Huge mistake.
 
You're right, none of that matters. GC didn't ask to be involved in this. She was in the wrong place at the wrong time. There's no need to allude to her personal life. And hoping she gets "attacked" in a possible 3rd trial? :facepalm:

GB was treated respectfully by both sides, and CB was attacked by the state before and during the trial, that is what I meant.. I don't want to see anyone attacked for their testimony, but treated exactly the same way..
The state went out of their way to try and discredit CB, and the defense did nothing like that to any of the witnesses.
Perhaps "attack" was not a good word, on my part, equal would have been better.. :(........
If the state could dig into Mrs. Beaver's past, then the same should be allowed for Mrs. Bailey.

JMO
 
John Bryant
won the primary tonite in NC with 63% of the vote, he will now face Lorin Freeman for the DA position....
 
OT/ There is yet another overturned case in Raleigh, and this one involves Wake County Assistant DA Howard Cummings, and it is from just last week! :eek:

Please read this in its entirety.

http://www.wral.com/questioned-auto...elease-a-year-after-husband-s-death/13803654/

This woman took an Alford plea, spent more than a year in jail in Raleigh for the medical examiners findings!!!!

I'm on day 19 of the Brad Cooper trial right now--another Cummings debacle.

Unbelievable.
 
I have looked in vain for any reference to the actual video recordings from the cctv cameras from the Hampton Inn introduced into evidence nor any portions of them shown in either of the trials. Detective Spivey testified about them, what he had observed, etc. Did the defense have access to those videos. And if so, did they drop the ball by not requiring that they be produced under the "best evidence rule". If there are any lawyers perusing this forum, I would like an informed opinion on the subject. I am no expert at all in such matters.

I also keep wondering why the night auditor did not notice the camera being out much earlier. I do not recall him being questioned about that. I will have to go back and review his testimony. I would imagine that he was not exceptionally busy during that part of the night, and that is one of a night auditors main jobs, to keep an eye on things.

Glenn
 
Impeaching witness testimony is the right of each side, state & defense. Some attorneys are nice and gentle and others, not so much. It's up to the attorney to determine their courtroom cross-exam demeanor within the rules of that judge's courtroom.

Aggressive direct or cross examination is not unusual in a courtroom. For a perfect example of this check out video of Juan Martinez of AZ, the prosecutor of Jodi Arias, an ADA who is an absolute pitbull on all witnesses, even his own. He makes every other prosecutor look like a gentle lamb in comparison. For another example watch video of former prosecutor Kelly Siegler (of TX). I don't think she lost many cases, if any.

In the end the jury decides who's credible, who's not. Hoping for witnesses to be 'attacked' implies getting to the truth is less important than cheering a team.
 
Do you think JY would have gotten off if he had the defense team that BC had?

No way to say, Starr...different lawyering, different way of approaching witnesses.
I think Jason will need to testify again if we get that far.

JMO
 
Impeaching witness testimony is the right of each side, state & defense. Some attorneys are nice and gentle and others, not so much. It's up to the attorney to determine their courtroom cross-exam demeanor within the rules of that judge's courtroom.

Aggressive direct or cross examination is not unusual in a courtroom. For a perfect example of this check out video of Juan Martinez of AZ, the prosecutor of Jodi Arias, an ADA who is an absolute pitbull on all witnesses, even his own. He makes every other prosecutor look like a gentle lamb in comparison. For another example watch video of former prosecutor Kelly Siegler (of TX). I don't think she lost many cases, if any.

In the end the jury decides who's credible, who's not. Hoping for witnesses to be 'attacked' implies getting to the truth is less important than cheering a team.

I watched the Arias trial from start to finish, and I am aware of Mr. Martinez's aggressive
line of questioning, and there were times when it was objected to by the defense...but, that is who he is and that is how he gets to the truth. He is a remarkable prosecutor who is never unprepared or loses his train of thought and he knows how to grill the defendant when they take the stand.
19 days worth, I believe.

There is nothing wrong with a more aggressive line of questioning Gracie Calhoun either, or having a medical expert testify to any limitations she may have with her memory. Her testimony from Trial 1 to Trial 2 changed considerably about certain things, important thngs. The defense will have something to work with.....she is also locked in now, too.

Howard Cummings went after witnesses like Mrs. Young relentlessly. Mrs. Beaver was later attacked so much for coming foward, she almost wish she hadn't. It got to the point she wanted out....

Gracie was not treated like that at all and if there are teams in these cases,
.......#TeamJustice.

JMO
 
I have looked in vain for any reference to the actual video recordings from the cctv cameras from the Hampton Inn introduced into evidence nor any portions of them shown in either of the trials. Detective Spivey testified about them, what he had observed, etc. Did the defense have access to those videos. And if so, did they drop the ball by not requiring that they be produced under the "best evidence rule". If there are any lawyers perusing this forum, I would like an informed opinion on the subject. I am no expert at all in such matters.

I also keep wondering why the night auditor did not notice the camera being out much earlier. I do not recall him being questioned about that. I will have to go back and review his testimony. I would imagine that he was not exceptionally busy during that part of the night, and that is one of a night auditors main jobs, to keep an eye on things.

Glenn

This is the link to Keith Hicks testimony.......
http://www.wral.com/specialreports/michelleyoung/video/9709817/
 

Thanks for the link. I had listened to that before, but doing it again just reaffirmed my questions. Keith came on at eleven PM but usually showed up ten minutes or so early. According to detective Spivey who reviewed the tape of the cameras, the camera went black at 11:19:59 PM. Keith did not notice that the camera was not working until sometime after five, according to his testimony. He had to process check ins until twelve or so, then run his audit software, which took maybe forty-five minutes. He did not notice anything from 11:00:59 until he ran his audit, then from maybe a quarter til one until three or so when he made his receipt deliveries and then later when he made his newspaper deliveries. It was only after he completed those deliveries that he noticed that the camera was black on the monitor. It is something that just bothers me a bit.

Then he was observant enough afterwards to notice the exit door "propped open" by a rock. Makes a person wonder.

What makes me wonder even more is why Jason would pick the Hampton in if he was planning on making a flying trip back to Raleigh. He had stayed at that Inn before, if I remember correctly anf knew that there were cameras. There were/are four or more motels there which have rooms that open to the outside without having to go in front of a camera, or a lobby, or anything. No suspicious camera meddling. His alibia was always the distance anyway.
You know, it is possible that Jason actually slept at the Hampton Innn Hillsville that night!!!!

Glenn

Glenn
 
I watched the Arias trial from start to finish, and I am aware of Mr. Martinez's aggressive
line of questioning, and there were times when it was objected to by the defense...but, that is who he is and that is how he gets to the truth. He is a remarkable prosecutor who is never unprepared or loses his train of thought and he knows how to grill the defendant when they take the stand.
19 days worth, I believe.

There is nothing wrong with a more aggressive line of questioning Gracie Calhoun either, or having a medical expert testify to any limitations she may have with her memory. Her testimony from Trial 1 to Trial 2 changed considerably about certain things, important thngs. The defense will have something to work with.....she is also locked in now, too.

Howard Cummings went after witnesses like Mrs. Young relentlessly. Mrs. Beaver was later attacked so much for coming foward, she almost wish she hadn't. It got to the point she wanted out....

Gracie was not treated like that at all and if there are teams in these cases,
.......#TeamJustice.

JMO

Cummings was not limited in his questioning of witnesses and therefore it was deemed within the rules by the court. It was the defense's choice to put on their witnesses and they know full well how trials go in an adversarial system. The so-called "attack" on their witness, CB, is textbook aggressive witness impeachment. It was within the rules of the court or the judge would not have allowed it.

Imagine if Juan M (who you seem to respect) did the cross-exam. He would have crucified her for hours and every other defense witness. Cummings didn't attack CB, he didn't yell at CB; he questioned her. She had details that were improbable (seeing a wedding ring on the male driving the soccer-mom type vehicle). She, as every other witness, was subject to cross examination and impeachment. If you're angry the defense didn't aggressively question Gracie or someone else for that matter, then be mad at the defense. It was totally their choice and totally within their control.

A courtroom is not for pouting and hurt feelers.
 
Which is why the defense should have GRILLED Gracie.

It's possible they they were not allowed, I don't know if there were any limitations in what they could or not ask her about her past such as her childhood accident, brain injury, or memory problems....

Cindy Beaver was treated horribly.


JMO
 
Saying 'It's possible' is mighty big speculation.

Attack witnesses at your own perile, it sometimes backfires.
 
Saying 'It's possible' is mighty big speculation.

Attack witnesses at your own perile, it sometimes backfires.

A lot of things are pure speculation or perceived differently. GB was a witness the state desperately needed, they told her so, they went to see her many times, telling her that her information was important.
In a pre-trial hearing, the Judge had to jump in and help her when she couldn't describe Jason Young. So, its very possible this witness was treated differently when she was on the
stand.

www.abc11.com/archive/8142246/

JMO
 
A lot of things are pure speculation or perceived differently. GB was a witness the state desperately needed, they told her so, they went to see her many times, telling her that her information was important.
In a pre-trial hearing, the Judge had to jump in and help her when she couldn't describe Jason Young. So, its very possible this witness was treated differently when she was on the
stand.

www.abc11.com/archive/8142246/

JMO

Chief Resident Superior Court Judge Donald Stephens, however, found there was nothing improper about how detectives conducted multiple interviews and that Dahms' story was her honest recollection, not something resulting form investigators' suggestions.
"'This is the man I saw. He got in my face,'" Stephens said, repeating Dahms' testimony. "He made an impression on her.

Read more at http://www.wral.com/specialreports/michelleyoung/story/9624237/#YoEWYilqldJaWVpm.99

I think I will stick with the Chief Resident Superior Court judge Donald Stephens on this one. He's no nonsense, smart, sage. Could not have had a better judge. And all the lawyers seemed to have tremendous respect for him. He was so disgusted after hearing all the evidence. Loved his statement after the guilty verdict. When he said he beat her until he was exhausted gave me the chills. And he looked directly at the defendant when he said it. MOO.
 
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