Jason Young to get new trial

[borndem]

CY never said "Daddy did it"

Sent from your mom's smartphone

I heard it 3 times on the original 911 call, and I feel sure LE heard it as well. It may not be possible to find that call "out there" now, but it was there, plain as day. It is not on subsequent edited versions that the jury heard, for obvious reasons -- hearsay being the main one. And I'm not the only one who heard it. You may not have heard the original. JMHO.

 

[borndem]

I never could hear it but I remember some posters insisted they could hear her say it. Whether she did or didn't, I do believe MF told cops that she had said it and that is why they immediately focused on Jason.

We don't necessarily know that LE immediately focused on JY alone. Certainly MF would be a suspect as well since she was family and she lived in the area and was familiar with the house, etc.

LE always starts investigating a murder with the spouse/roommate and family members because they know the victim best -- habits, when last seen/spoken, etc., etc. Then, if nothing looks suspicious, they cross each one off the list and move on. They weren't able to get beyond JY since he didn't help them rule himself out -- wouldn't speak to them, wouldn't go through the house with them to see what may have been upset or missing, and the house didn't appear to have been broken-into. A spouse or roommate is a very valuable source of info, especially at the beginning. He never even re-entered the house, IIRC. There was no way they could rule him out based on what they found/didn't find. :twocents:

 

[MyBelle]

Yes, we fully understand a default judgement. The JUDGE granted primary custody to the Fishers. The JUDGE based this decision on evidence presented in the civil suit. Now we are saying the Judge had it out for JY??????? Whew!!! the mindset of some of you literally blows me away!!

Explain it any way you will, defend it any way you will.........it all boils down to ONE and ONLY one thing......JY didn't want to be subjected to psych exam nor did he want to answer any questions. This wasn't about money, this wasn't about attorneys, etc.

JY handed over Cassidy, the child he so fervently attempted to keep from the Fishers. JY did this out of fear because he knew full well what questions and a psych exam would do to him.....he KNEW.....just like he knows now......and just like many, many of us know too!!

With all due respect, the child custody and the wrongful death lawsuit were two separate proceedings. The Judge only approved a settlement agreement between the two parties he did NOT "award" custody. At the time of both proceedings, Jason was represented by legal counsel and took their advice. Which was excellent advice because he is getting a new trial.

The man did not receive a fair trial because of the Judge's mistakes such as allowing the custody issue be introduced.

 

[JusticeFever]

I heard it 3 times on the original 911 call, and I feel sure LE heard it as well. It may not be possible to find that call "out there" now, but it was there, plain as day. It is not on subsequent edited versions that the jury heard, for obvious reasons -- hearsay being the main one. And I'm not the only one who heard it. You may not have heard the original. JMHO.

When the 911 call was played in the last trial , it was offered to be in its entirety, no omissions of any kind.

 

[MyBelle]

The judge could've ordered a stay or whatever it's called on the civil suit until the criminal court had ended. That is the way a majority of civil suits like this are handled, but this judge opted to proceed with the civil suit anyway. That leads me to believe he is bias against JY

Sent from your mom's smartphone

I think he was incredibly biased. Delaying a civil suit was done in both the Scott Peterson and OJ Simpson trials.

 

[MyBelle]

Jova, I don't know if the Judge could have done that. The statutes of limitation were about to run out, so the WDS had to be filed and heard.
Usually an arrest will proceed a civil case, but in this case the civil case and the custody case came first before Jason Young was arrested,
In the Cooper case, an emergency custody hearing for Bella &Katie was granted immediately.

The difference is that Cooper sat for a deposition and the Judge decided in the best interest of the kids.

 

[MyBelle]

I heard it 3 times on the original 911 call, and I feel sure LE heard it as well. It may not be possible to find that call "out there" now, but it was there, plain as day. It is not on subsequent edited versions that the jury heard, for obvious reasons -- hearsay being the main one. And I'm not the only one who heard it. You may not have heard the original. JMHO.

I don't believe the jury heard edited versions of the 911 call. An excited utterance is an exception to the hearsay rule. I believe Meredith TOLD LE that CY said it and that is why they focused on JY immediately.

While I agree the spouse is usually investigated, JY was out of state at the time the body was found. For that reason, it is surprising to me that his friends who were quickly interviewed by cops would be concerned that the focus was on JY rather than on, say, an unknown intruder.

 

[MyBelle]

When the 911 call was played in the last trial , it was offered to be in its entirety, no omissions of any kind.

ITA. It would be extremely unfair to the defendant to offer the jury an edited version of a call that is a matter of public record.

 

[JusticeFever]

http://www.wral.com/attorney-general-petitions-nc-supreme-court-to-review-young-appeal/13572542/

Well, it's official. Wed, April 16, 2014
Attorney General Petitions NC Supreme Court to Review Young Appeal

 

[Boodles]

I heard it 3 times on the original 911 call, and I feel sure LE heard it as well. It may not be possible to find that call "out there" now, but it was there, plain as day. It is not on subsequent edited versions that the jury heard, for obvious reasons -- hearsay being the main one. And I'm not the only one who heard it. You may not have heard the original. JMHO.

borndem, you are right. Little C said it during the 911 call. I was shocked because I wasn't expecting it, and I was surprised it wasn't called out as an explicit witness statement for the jurors. I can only assume there was some legal technicality for not pointing it out to the jurors. But it was there, no question.

 

[Madeleine74]

The part where CY said that was obscured purposely during the 1st trial because of a ruling I think. However, I think it was intact during the 2nd trial. I heard the utterance too. No idea if the jurors caught it or not, it was not pointed out to them and I don't think it will be if there's a 3rd trial.

 

[Boodles]

Yes, we fully understand a default judgement. The JUDGE granted primary custody to the Fishers. The JUDGE based this decision on evidence presented in the civil suit. Now we are saying the Judge had it out for JY??????? Whew!!! the mindset of some of you literally blows me away!!

Explain it any way you will, defend it any way you will.........it all boils down to ONE and ONLY one thing......JY didn't want to be subjected to psych exam nor did he want to answer any questions. This wasn't about money, this wasn't about attorneys, etc.

JY handed over Cassidy, the child he so fervently attempted to keep from the Fishers. JY did this out of fear because he knew full well what questions and a psych exam would do to him.....he KNEW.....just like he knows now......and just like many, many of us know too!!

Yes, he who had everything to hide relinquished his child to keep his own sorry azz covered. He maintained total silence, just like he did with the cops. He avoided any iota of communication with them, and never even asked LE about any circumstances about Michelle's death. But then, he already knew those circumstances! He hid like the guilty coward that he is. He had, and still has, so much to hide. He's a self-centered coward, hiding behind his mama's skirt.

He thought he would keep silent even though it "looked bad," until he got away with murder. And he told his sister that his involvement (including stigma surrounding his failure to cooperate or speak) would just blow over.

Wrong. It will never blow over. <modsnip> But the vast majority of us will forever regard him as a wife-and-unborn-child-killer who let his 2 year old daughter stay alone in a house with her dead mother, and who set up the victim's own sister to find Michelle's bludgeoned body.

 

[jova33]

The part where CY said that was obscured purposely during the 1st trial because of a ruling I think. However, I think it was intact during the 2nd trial. I heard the utterance too. No idea if the jurors caught it or not, it was not pointed out to them and I don't think it will be if there's a 3rd trial.

Link to the 911 call, and time this utterance was heard.

Sent from your mom's smartphone

 

[MyBelle]

borndem, you are right. Little C said it during the 911 call. I was shocked because I wasn't expecting it, and I was surprised it wasn't called out as an explicit witness statement for the jurors. I can only assume there was some legal technicality for not pointing it out to the jurors. But it was there, no question.

If it was on the call, the news media would have called it out to the public.

There are no legal technicalities preventing the news media from reporting what takes place in a public courtroom.

 

[MyBelle]

The part where CY said that was obscured purposely during the 1st trial because of a ruling I think. However, I think it was intact during the 2nd trial. I heard the utterance too. No idea if the jurors caught it or not, it was not pointed out to them and I don't think it will be if there's a 3rd trial.

Obscured purposely by whom? The jurors heard what they heard and I've yet seen anything that indicates the jury or the news media attending the trial heard it.

I'll continue to believe MF told cops and others that CY said it but whether CY actually said it seems to be in dispute.

JMO

 

[newMom]

Link to the 911 call, and time this utterance was heard.

A "please" might work nicely here.

 

[Nymeria]

Link to the 911 call, and time this utterance was heard.

A "please" might work nicely here.

No pleases issued, but I found this on YT-

(Around 2:19 I DO hear CY say something that sounds like "Daddy did It", I will have to get out the earbuds and really listen though. I also stopped at that point, not listened to the rest).

[video=youtube;as3Q6TQTRiE]http://www.youtube.com/watch?v=as3Q6TQTRiE[/video]

I should add that this looks like video posted by someone pro JY, at least from the text I have seen inserted so far, FWIW.

 

[borndem]

I hear it at 2:13, right after Meredith asks C, "...Did she fall?" And C says "Daddy did it," and then talks about "boo-boos."

 

[borndem]

I hear it at 2:13, right after Meredith asks C, "...Did she fall?" And C says "Daddy did it," and then says "she got boo-boos eveywhere."

ETA: There is more of the call, but this link does not include it. CY says it again, but it's during the conversation with LE. I'll try to find the full 911 call... Wish me luck -- it's hard to find...

ETA2: No luck yet... :-/

 

[Nymeria]

Don't know if this will help, but this is trial 1, day 1, part 3 of MF on the stand.
Audio is played of the 911, I believe someone said it was unedited when played during first trial?

http://www.wral.com/specialreports/michelleyoung/video/9703226/