Jason Young to get new trial

[otto]

His non-testimonial order was several days after the murder. He was seen wearing a long pullover type top in the Hampton Inn video as he was walking towards the door to go outside to read his just-acquired, day old USA Today newspaper, to see the 'current' sports scores in the dark and smoke a cigar (as he claimed), in 32 degrees with strong wind gusts, as it so happened, according to stipulated facts on weather conditions that night in Hillsville. Nevermind his computer activity showed he was on a sports site and he was watching sports in his room before leaving the H.I. (all in testimony by a witness he was on the phone with).

Long sleeves + gloves + the element of surprise + a weapon of some kind (whether that was a club, a bat, a tool, or something else) gave him the absolute upper hand. The intent was strangulation, which did not succeed (but did leave some evidence on MY's body that the perp tried that first). The COD was blunt force trauma, with 30+ blows to the face and head. MY's teeth flew out of her mouth from the force of impact. You see, MY was supposed to die easily and quickly and she didn't just follow the script on that. That raised rage, which the killer extracted mercilessly on her head. There were so many blows and the blows were so forceful that some of the blows ran into each other. The amount of injury and deepness of the wounds indicated someone very strong, full of rage, who wanted MY absolutely dead.

CY was given an adult strength medicine that JY pedaled as part of his pharma sales job, through a dropper. Said dropper and said medicine was found in CY's room on a high shelf. The dropper had CY's DNA on it, which makes sense as it was put in her mouth by the killer. The intent there was to put CY to sleep. Whether the meds did or did not is unknown. The medicine was not in CY's room before; it was a med JY had access to.

There were fingerprints on the medicine eye dropper, and those fingerprints did not match Jason ... it is unknown who left the fingerprints.

 

[otto]

It's all in the trial.

It is all in the trial ... so why omit the fact that the fingerprints on the eye dropper could not be attributed to anyone? Someone at some time used the medicine. That use cannot be connected to the night of the murder or to Jason.

 

[jova33]

Question, was the jury instructed that they could consider that JY did not act alone before deliberations? I believe I read this somewhere, and correct me if I'm wrong.

If that is true, I would like to see evidence that he had an accomplice.

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[JusticeFever]

*BBM*
THAT is a fact I had not heard.
Thank you.

There is also no way of confirming that. Michelle had problems putting Cassidy to sleep that nite, she had company..there was also foreign dna found on the dropper. We don't know what time Cassidy woke up. This was a theory given by the state to explain the child's cleanliness and the amount of hours she was alone.
The state also floated a theory the child was taken from the home, and issued a search warrant for Michelle's Lexus, as it could be a possible match the description of the cars seen that am.
However, they didn't do that until many many months later.

 

[otto]

Question, was the jury instructed that they could consider that JY did not act alone before deliberations? I believe I read this somewhere, and correct me if I'm wrong.

If that is true, I would like to see evidence that he had an accomplice.

Sent from your mom's smartphone

That is true. Although there was no evidence that there was an accomplice, and the prosecution did not present a theory that there was an accomplice, the judge decided to allow the jury to consider that Jason is guilty but he did not act alone ... that is, someone else committed the murder but Jason is behind it.

 

[JusticeFever]

That is true. Although there was no evidence that there was an accomplice, and the prosecution did not present a theory that there was an accomplice, the judge decided to allow the jury to consider that Jason is guilty but he did not act alone ... that is, someone else committed the murder but Jason is behind it.

Thanks,Otto, and one of the last Jurors did say they believed Young had an accomplice .
The state replied as far as they were concerned the investigation was over but if anyone had any information to call them.

 

[JusticeFever]

And, just to keep the facts straight, the only reason Young took 5 days to submit to a non-testimonal order, was because the warrant was not issued until Nov. 7th, 2006 and Young complied within 24 hours on the 8th,
It stated that there were reasonable grounds to suspect that the person named or described in this order committed this offense.
So, from the very beginning, even, as early as the day Michelle's body was found, JY has always been the
suspect and there is the rush to judgement. Even though it took 2-3 years to get an arrest, Young was the focus from Day 1.

 

[otto]

And, just to keep the facts straight, the only reason Young took 5 days to submit to a non-testimonal order, was because the warrant was not issued until Nov. 7th, 2006 and Young complied within 24 hours on the 8th,
It stated that there were reasonable grounds to suspect that the person named or described in this order committed this offense.
So, from the very beginning, even, as early as the day Michelle's body was found, JY has always been the
suspect and there is the rush to judgement. Even though it took 2-3 years to get an arrest, Young was the focus from Day 1.

In reality, Jason was a couple of hundred miles away, there was no camera surveillance evidence, there was no door propping evidence, there was no eye-dropper evidence, there was no injury evidence, there was no blood evidence, there was no cell phone evidence ... there was nothing except a murdered woman that was 16 weeks pregnant (not necessarily visibly pregnant) and a friend that said she was convinced that someone was lurking outside the house on the night of the murder when the husband was miles away. There was a 2 year old child in the home at the time of the murder, just like the case of Christa Worthington.

 

[TreeClimbingGirl]

There were fingerprints on the medicine eye dropper, and those fingerprints did not match Jason ... it is unknown who left the fingerprints.

I just started following this case but I've been reading about and watching the 2012 retrial over the past few days. And from what I've read, the unknown print was on the cap of the medicine bottle, not the dropper. There were no prints on the dropper at all, indicating that whoever used it wore gloves (or wiped them) The unknown print on the cap likely came from someone handling it in the store or involved in the manufacturing/packaging of the medicine.

 

[jova33]

That is true. Although there was no evidence that there was an accomplice, and the prosecution did not present a theory that there was an accomplice, the judge decided to allow the jury to consider that Jason is guilty but he did not act alone ... that is, someone else committed the murder but Jason is behind it.

If that's a deciding factor for guilt, wouldn't there have to be some evidence of that? JY's communications with everyone, including his multiple affairs, is well documented. His financial records are well documented, so there was no payoff.
He didn't want to talk to police because anyone with common sense knows they'll twist your words, and he was suspect number one before he even got back in town.

I don't believe the judge should've given the jury that guidance. It just doesn't make sense.

But the judge was completely fair and impartial?

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[TreeClimbingGirl]

In reality, Jason was a couple of hundred miles away, there was no camera surveillance evidence, there was no door propping evidence, there was no eye-dropper evidence, there was no injury evidence, there was no blood evidence, there was no cell phone evidence ... there was nothing except a murdered woman that was 16 weeks pregnant (not necessarily visibly pregnant) and a friend that said she was convinced that someone was lurking outside the house on the night of the murder when the husband was miles away. There was a 2 year old child in the home at the time of the murder, just like the case of Christa Worthington.

Again, I'm new to this case, but I will say that based on what I've read so far there is a boatload of circumstantial evidence that, when viewed cumulatively, makes a very compelling case for guilt.

Also, minor point perhaps, but according to Meredith Fisher's testimony Michelle was in fact visibly pregnant. I watched her testimony today and she was reviewing a picture of Michelle where she was pregnant with Rylan and comments that she's "showing".

 

[Nymeria]

O/T-

Treeclimbinggirl, is that Walter White in your av?
It looks like him but it is a bit small, hard to be sure.

 

[MyBelle]

That is true. Although there was no evidence that there was an accomplice, and the prosecution did not present a theory that there was an accomplice, the judge decided to allow the jury to consider that Jason is guilty but he did not act alone ... that is, someone else committed the murder but Jason is behind it.

BBM. The only rational explanation for the Judge's decision was because the Judge KNEW the evidence was exceptionally flawed, imo.

 

[jova33]

Again, I'm new to this case, but I will say that based on what I've read so far there is a boatload of circumstantial evidence that, when viewed cumulatively, makes a very compelling case for guilt.

Also, minor point perhaps, but according to Meredith Fisher's testimony Michelle was in fact visibly pregnant. I watched her testimony today and she was reviewing a picture of Michelle where she was pregnant with Rylan and comments that she's "showing".

There's more evidence that points away from JY. The evidence they used against him seems to be a forced fit and most of the time doesn't even fit.

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[lib's mom]

Respectfully snipped by me:

CY was given an adult strength medicine that JY pedaled as part of his pharma sales job, through a dropper. Said dropper and said medicine was found in CY's room on a high shelf. The dropper had CY's DNA on it, which makes sense as it was put in her mouth by the killer. The intent there was to put CY to sleep. Whether the meds did or did not is unknown. The medicine was not in CY's room before; it was a med JY had access to.

The "adult strength" medicine that JY had access to was Pancof PD, IIRC. While it is a med for adults, Pancof PD is also marketed to/prescribed by pediatricians, because it is safe to use in children as young as 2yo.

This also was all in the court testimony, was it not?

If I'm not remembering correctly I'm sure someone will correct me (and I would appreciate!)

 

[Landonsmom02]

Gloves won't leave fingernail marks. If he washed off outside, blood would've been in the grass. Unless it was raining?

And if she fought back, and JY was the attacker, how did he make it out of there without a scratch on him?

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I took the report as it was HER fingernail marks. She was trying to get his hands off her neck. And I don't think the blood would still be in the grass hours later as the hose ran all night. Of course he was covered. He didn't kill her naked.

 

[Landonsmom02]

Link to the DNA being found on the medicine? JY testified that a side effect of the medicine was hyperactivity in children, so it would've been a bad drug to give to a child.

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BBM

Hyperactivity is a side effect in all meds such as Motrin/ibuprofen and tylenol. My oldest son can't take motrin/ibuprofen as it gives him excitibility but he can take Tylenol.

 

[JusticeFever]

A lot of circumstantial evidence until you start breaking it all down piece by piece, then, not so much. IMO

 

[Maznblu1]

Again, I'm new to this case, but I will say that based on what I've read so far there is a boatload of circumstantial evidence that, when viewed cumulatively, makes a very compelling case for guilt.

Couldn't agree more. He's either guilty as heck or the most unlucky man in the world to have all these "coincidences" point at him.

 

[jova33]

Couldn't agree more. He's either guilty as heck or the most unlucky man in the world to have all these "coincidences" point at him.

If you look at the circumstantial evidence, most of it doesn't even fit and can't be attributed to JY. Investigators started their investigation with, how can we prove he's guilty, and worked out from there, trying to shoehorn evidence and witnesses to make it fit.

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