Jason Young to get new trial

[MyBelle]

*Respectfully Snipped*

I think you may be in the minority on this one.
Well made shoes can last a very long time.
I do not know many people who toss their shoes yearly!

Not picking at you if YOU do, but to think this is the norm is a bit off, IMO.

It was a well-known brand but that doesn't mean it was "well made" especially considering it was made in China. Ya get whatcha pay for, imo.

 

[JusticeFever]

Yes, but claiming "Daddydidit" wasn't.........

If it was on the phonecall, it would come in. The state or the defense doesn't get to pick and choose
which parts to leave in or take out.

 

[jova33]

1) LE has access to the most advanced technical enhancement equipment possible, why would they need assistance from anyone on how to do their job.
2) If CY said those words, I doubt LE would have handed her back over to her father.
3) Her words could have been enough for an arrest or probable cause.
4) That reminds me, after reading some old posts, why wasn't Gracie Bailey's eyewitness account, enough for an immediate arrest either?

Her positive ID couldn't be considered because it was tainted. Just my guess. She shouldn't have even been considered as a witness, but she ties in with the prosecution's timeline of events.

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[JusticeFever]

Her positive ID couldn't be considered because it was tainted. Just my guess. She shouldn't have even been considered as a witness, but she ties in with the prosecution's timeline of events.

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It's just that I never thought about it that way, if LE really had faith in Gracie Bailey, he would have been hauled off to jail immediately. So, why the heck not?

 

[MyBelle]

CY was two years old. As her mother lay there bloody, beaten and dead, CY jabbered on about boo boos and wash cloths and whatever else she was saying. She did not understand the situation. She was two!

However, when asked by MF "do you know what happened to Mommy?," the first word out of CY's mouth was "Daddy." It's as clear as can be. What were the words that followed "daddy"? "Did it"? "Do it"? Regardless, although CY could not testify in court, it is fact, captured on audio, of her response to the question about what happened to mommy. It's yet another piece of evidence along with so many others.

An "excited utterance" by a 2-year-old IS allowed as evidence. MF could have testified she said it and did not.

JMO

 

[MyBelle]

She could've just been mixing up her consonants. She said something like "dadda doo doo Mommy has boo boos all over"
If it wasn't admissible at court, it's really a moot point.

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I've wondered how she saw any boo boos at all if MF found Michelle face down on the floor.

 

[jova33]

I've wondered how she saw any boo boos at all if MF found Michelle face down on the floor.

She was there for the attack. Someone, possibly JY(according to the prosecution), cleaned her and kept her calm for ten hours...

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[JusticeFever]

Jova, I just can't believe no one has ever pointed this out before about Gracie's i d of Jason.Wouldn't an eyewitness seeing him in another place be enough for a arrest? How did the state explain this when they called her to testify. This is outrageous.

 

[MyBelle]

She was there for the attack. Someone, possibly JY(according to the prosecution), cleaned her and kept her calm for ten hours...

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I think if she actually witnessed the blood gushing wounds being inflicted, she would have been traumatized by her mother's failure to respond to her for hours on end. On the 911 call, she did not sound traumatized. Either CY wasn't there or somebody was there and kept her out of the room.

 

[MyBelle]

Jova, I just can't believe no one has ever pointed this out before about Gracie's i d of Jason.Wouldn't an eyewitness seeing him in another place be enough for a arrest? How did the state explain this when they called her to testify. This is outrageous.

I think the defense did point out it was a tainted ID because proper photo line-up procedure was not followed. The Judge blew it off just as he seemed to blow off everything else, imo.

 

[jova33]

I think if she actually witnessed the blood gushing wounds being inflicted, she would have been traumatized by her mother's failure to respond to her for hours on end. On the 911 call, she did not sound traumatized. Either CY wasn't there or somebody was there and kept her out of the room.

Kids that young can't comprehend things like death. My son's were five and six when their baby brother died, and they couldn't even comprehend it.

I think it's possible CY saw the attack. Takes me back to another reason I don't believe JY did it. He cared about his daughter and wouldn't have done that in front of her.

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[shygrl]

If there is a new trial will evidence automatically come back in or does the new judge have to go over everything again?

Example-The judge let in the daycare workers testimony and the appeals court didn't rule it was wrong for that to come in so does that mean that testimony and everything else not ruled on automatically comes back in, or does a new judge make separate rulings like in a normal trial? Sorry I haven't seen many retrials.

 

[borndem]

If there is a new trial will evidence automatically come back in or does the new judge have to go over everything again?

Example-The judge let in the daycare workers testimony and the appeals court didn't rule it was wrong for that to come in so does that mean that testimony and everything else not ruled on automatically comes back in, or does a new judge make separate rulings like in a normal trial? Sorry I haven't seen many retrials.

It will be a brand new trial -- as if there were no other trials before it. Proper chain of evidence must be established from the time it was found, until it reaches the courtroom. There could be new ADAs (though not likely), new def attys, and a new judge.

No worries, shygrl. :seeya: Being able to watch live-streamed trials are still a new concept to most folks. Just jump on in and see what happens with all of us. We're glad to have you on this one!

 

[jova33]

I read somewhere that the new trial won't even be until 2015. Is that correct?

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[JusticeFever]

I think the defense did point out it was a tainted ID because proper photo line-up procedure was not followed. The Judge blew it off just as he seemed to blow off everything else, imo.

I know, but I just realized that this meant the state more or less said we didn't believe in her or we would have made an arrest, but we want you Jurors to believe her anyway...

 

[Madeleine74]

One eyewitness account is not enough (anymore) to arrest and get a conviction. Besides, at the time they interviewed Gracie, they still didn't have the forensics back, the case was still in its infancy. Arresting before a case is investigated and evidence is collected and analyzed would be foolish. I love how people claim a "rush to judgement." It took the state over 3 years to make an arrest. If that's a "rush" then what is considered "slow?"

 

[MyBelle]

Kids that young can't comprehend things like death. My son's were five and six when their baby brother died, and they couldn't even comprehend it.

I think it's possible CY saw the attack. Takes me back to another reason I don't believe JY did it. He cared about his daughter and wouldn't have done that in front of her.

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I am so sorry about your son. I know kids that young can't comprehend death but the degree of violence inflicted upon Michelle produced a lot of blood and the blood would have left an impression on Cassidy if she had witnessed it, imo. I think she was sound asleep when the attack happened and Michelle was dead by the time CY saw her. Which then begs the question as to where CY was in all those hours that she remained clean.

 

[MyBelle]

I know, but I just realized that this meant the state more or less said we didn't believe in her or we would have made an arrest, but we want you Jurors to believe her anyway...

How anyone believed her is way beyond my ability to grasp.

 

[SapphireSteel]

I hadn't heard of this case but I have just watched the Dateline show on it.

It amazes me that he was convicted. From what they presented on the show, there just wasn't enough evidence to say his guilt was beyond reasonable doubt.

The fingerprint on the light outside the hotel needs to be explained. The entire theory hinges on him escaping unseen, yet someone elses fingerprints were on that light.

:twocents:

 

[jova33]

I hadn't heard of this case but I have just watched the Dateline show on it.

It amazes me that he was convicted. From what they presented on the show, there just wasn't enough evidence to say his guilt was beyond reasonable doubt.

The fingerprint on the light outside the hotel needs to be explained. The entire theory hinges on him escaping unseen, yet someone elses fingerprints were on that light.

:twocents:

Security camera I think you mean

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