Jason Young to get new trial

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JusticeFever said:
In the 2nd trial, the rumors about the 911 call were finally put to rest regarding whether Cassidy Y. had said those words. The call was submitted in its entirety, no omissions, nothing was left out and nothing was coverered up.
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Do you recall if police were asked why they focused on JY immediately?
 
MyBelle said:
Do you recall if police were asked why they focused on JY immediately?
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Other than that they were told he was out of town , not sure exactly what Meredith Fisher told them. She may have said they argued a lot, I would have to look that up to be sure though.
 
Mama Fisher didn't like JY, and JY didn't like her because she was very opinionated. My guess is she pushed for them to investigate JY and blew everything he did in the past out of proportion

Sent from your mom's smartphone
 
MyBelle said:
I don't know that he "willingly" handed over his child. I think he just followed his attorney's advice. If the guy is found innocent at trial, he's going to get his child back. Same goes for Brad Cooper.
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Jason didn't just hand over his child. Linda Fisher and Meredith Fisher filed for custody of Cassidy in Dec. 2008. In Feb 2009, the agreement was drawn up, giving Meredith primary care but Jason still having all his parental rights intact.
 
jova33 said:
Mama Fisher didn't like JY, and JY didn't like her because she was very opinionated. My guess is she pushed for them to investigate JY and blew everything he did in the past out of proportion

Sent from your mom's smartphone
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That's what I get from reading the appellate decision. She wanted to stay with them for extended periods of time and Jason didn't want it. I think most spouses would react the same way or at least I would.
 
JusticeFever said:
Jason didn't just hand over his child. Linda Fisher and Meredith Fisher filed for custody of Cassidy in Dec. 2008. In Feb 2009, the agreement was drawn up, giving Meredith primary care but Jason still having all his parental rights intact.
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Thanks. I do wonder if he'll be granted bail and how that works out as to custody.
 
I think they focused on JY from the beginning because he's the husband. And when there are affairs, that's even more reason they will build a case against a spouse.

From the very beginning they were visiting all of the gas stations along his route, trying to find evidence that he'd stopped somewhere.

I believe there was confirmation bias in this case. For example, they only called the witness who saw an SUV at 3:30-4 and excluded the two who saw the SUV later that morning because that didn't work with their timeline. The truth is that the newspaper carrier initially told them that she saw the SUV between 4-5. That is closer to Cindy Beaver's sighting. I believe the SUV is important and it wasn't Jason. The timeline just doesn't work.
 
sunshine05 said:
I think they focused on JY from the beginning because he's the husband. And when there are affairs, that's even more reason they will build a case against a spouse.

From the very beginning they were visiting all of the gas stations along his route, trying to find evidence that he'd stopped somewhere.

I believe there was confirmation bias in this case. For example, they only called the witness who saw an SUV at 3:30-4 and excluded the two who saw the SUV later that morning because that didn't work with their timeline. The truth is that the newspaper carrier initially told them that she saw the SUV between 4-5. That is closer to Cindy Beaver's sighting. I believe the SUV is important and it wasn't Jason. The timeline just doesn't work.
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Terry Tiller, the New York Times delivery person, was called by the defense in the first trial on June 21, 2011. In the 2nd trial , she was called by the state on Feb 9th, 2012. But, hand written on the top of a search warrant,her timeline originally stated 4-5am,
Maybe the state first thought she hurt their case but after she testified for the defense, they made her their own witness.
Whether you think Jason is guilty or innocent or undecided, there sure were a lot of cars coming and going at their home that am.Not all those people can be wrong. Tiller delivered papers to Enchanted Oaks since 2002, and Beaver lived there and passed the house daily when she went to work.

Tiller Testimony Trial 1.. www.wral.com/specialreports/michelleyoung/video/9758853/ 10 minutes 57 seconds

Tiller Testimony Trial 2 www.wral.com/specialreports/michelleyoung/video/10710804/ 21 minutes 2 seconds
 
jova33 said:
Mama Fisher didn't like JY, and JY didn't like her because she was very opinionated. My guess is she pushed for them to investigate JY and blew everything he did in the past out of proportion

Sent from your mom's smartphone
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I and many others take offense at your statement. To insinuate Linda Fisher blew everything out of proportion is absurd. She certainly didn't have to....JY did it all himself. By the way....this WAS substantiated by various witnesses who knew and were around the couple frequently!

I would be opinionated too if my daughter were being treated the way Michelle was............

RIP Michelle and baby Rylan
 
jova33 said:
Do you know what a default judgement is? When the other party doesn't respond, you automatically win whatever you want. They could've initially been asking for visitation, but if JY did not respond, they win whatever conditions they wanted, including full custody.

He didn't respond because he would be compelled to testify, and his testimony would be used against him in criminal court, and it would've cost him more than his equity loans he could've gotten.
The judge already had it out for him. The judge could've ordered a stay on the civil suits, but he didn't.

Sent from your mom's smartphone
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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!!
 
Every crime case I've ever followed or otherwise became aware of through various news magazine type shows (like Dateline or 48 Hours) in which the victim was murdered at or near their home, generally starts with looking at the spouse or intimate partner of the victim and ripples out from there. Every single one, every single time. That is homicide investigation 101. The investigations start at the center of the victim's life and work outwards, excluding people as they go (or not, if someone can't be excluded).

Someone who is known to be in an ongoing conflict with the victim is going to be looked at. Relationships in trouble and/or heading for divorce are one such possible red flag to examine. That's just common sense.

If there's a better way to approach investigating a homicide I've not seen anyone bring that forth. Even the FBI uses that same pattern to investigate.
 
tarheellvr said:
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.
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Actually the default judgement was the wrongful death suit. That is completely separate and different from the custody/visitation suit that was brought later. In the custody suit JY eventually proposed increased visitation leading to primary physical custody of CY to MF within a few months time. That was not expected by the Fisher family. (this is in testimony available on WRAL, from LF, MF, and their attorney, so no need to take my word for this). A judge did not have to decide this, as it was agreed upon by each party, in a written agreement.
 
tarheellvr said:
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!!
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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
 
RALEIGH -- The mother and sister of murder victim Michelle Young are fighting for temporary custody of Young's daughter, four-year-old Cassidy Young who currently lives with her father, Jason Young in western North Carolina.
Michelle's body was found strangled and beaten to death two years ago in the couple's Wake County home. Jason Young has been the focus of the investigation.
[modsnip]

http://triadnc.twcnews.com/content/headlines/602689/victim-s-family-fights-for-custody/
 
Here's the general case timeline:

http://www.wral.com/michelle-young-murder-case-timeline-of-events/9662412/


The wrongful death suit was brought in Oct 2008, before the expiration of 2 yrs of the murder, which is the statute of limitations. He had 30 days to respond. The default judgement was entered after his failure to respond, in Dec 2008.

The criminal case didn't get litigated until May/June 2011.

No reason for the judge to put a halt to a civil suit when there is no pending criminal litigation and the defending party to the civil suit didn't respond in the deadline is given to respond, which is an automatic default judgement.
 
The reason we are having a possible Trial 3, is because the wrongful death suit evidence should not have been entered into the criminal trial.

"In the civil case (Judge) Stephens ruled that because Jason Young failed to respond to the complaint by his late wife's mother, he conceded a civil judgement that held him liable in Michelle Young's death."

This plus testimony from the custody suit , impacted Jason Young's ability to receive a fair trial.
 
jova33 said:
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
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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.
 
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