Jason Young to get new trial

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Madeleine74 said:
I didn't say which witness, if any of the morning witnesses at/near Birchleaf Ln , I "trusted." I might not believe any of them and discard all of them in the end.

Gracie had corroborating facts in that she was able to tell police a light colored large SUV (not unlike a Ford Explorer as an example), pulled into the furthest pump from the office. The time was correct (right before 5:30am) That was unprompted. She further had a cash receipt that showed a $15 purchase of gas, paid with a $20 and she also told and showed a $5 overage in which the person, after cussing her out, left without taking his $5 in change. Her story holds true and the receipt proves there was such a customer.

Like any "eye witness," it comes down to believing their story or not and incorporating or disregarding their testimony. One person's "credible" is another person's "untrustworthy." Good thing eye witness testimony is not the only evidence in this case.
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Actually, when police first questioned her, they never asked anything about the vehicle. They merely showed her a photo of JY and said "Did you see this man?" It was at a later interview that the idea of the light colored SUV came up. It would have been dark, she had 6 customers at the register at that time and she looked outside to see his vehicle? Sorry, not buying it.

I just would like to know how you can possibly find her testimony credible knowing that she couldn't even describe what he looked like? Short and balding. That's all I needed to hear.

Combine the shaky identification with the fact that JY's gas receipts and mileage added up perfectly consistent with his trip and I don't see how the theory holds up at all. He would have run out of gas long before reaching King had he done what they allege.

It's a good thing that NC has changed the requirement for witness identification. As of 2007, they *must* show a witness a photo line-up with at least five filler photos. They slipped by with the Gracie thing. Had it happened after, 07 it wouldn't have been accepted in court. I doubt she would have been able to identify JY from a 6 person line-up especially if there are bald men in the line-up.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_14A.pdf
 
JusticeFever said:
I would have to go back and look, but I am pretty sure it was Jason's mother who hung up on the police. The call was getting heated , something was said like "he is on the way back, and they said "he better be" .
But, it won't be that long before a 3rd trial and we can do this all again!
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whoa, back up the truck a bit...."He better be" is a pretty strong conclusion of guilt comment. Not only were cops focused only on JY, evidently some had already concluded he was guilty. That is just bizarre. I would hang up on them, too. The folks at the Humane Society showed more compassion than that when our dog died.

JMO
 
Tia said:
Who forewarned him? I don't remember that.
Thank you!
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One of his friends phoned him while he was returning to Raleigh and told him that police considered him a suspect and to get a lawyer before speaking with police. I don't remember the name of the friend.
 
Heather testified that Ryan called and said LE was asking disturbing questions about Jason and they needed a lawyer.
 
Instead of calling people JY-Innocent, how about the reasonable doubt crowd?

Heck, maybe he is some incredible evil genius that planned this out and murdered his wife, I don't know. If he was paying cash for gas, he would've had to make multiple stops and not use his credit card. He would have to calculate the amount of gas to pump using cash, exhaust that fuel, and then fill up again using his credit card, that way his gas mileage and credit card receipts would add up. But then, that goes against the evil genius theory because he would risk blowing his cover making multiple stops for gas and paying cash. And a gas can would leave some gas in the trunk. The gas can idea goes against the genius idea too. He would have to pull over off the side of the road and pour it in his gas tank. A cop sees that at 4-5 am, he's going to stop and see if you're ok.

Sent from your mom's smartphone
 
sunshine05 said:
Actually, when police first questioned her, they never asked anything about the vehicle. They merely showed her a photo of JY and said "Did you see this man?" It was at a later interview that the idea of the light colored SUV came up. It would have been dark, she had 6 customers at the register at that time and she looked outside to see his vehicle? Sorry, not buying it.

I just would like to know how you can possibly find her testimony credible knowing that she couldn't even describe what he looked like? Short and balding. That's all I needed to hear.

Combine the shaky identification with the fact that JY's gas receipts and mileage added up perfectly consistent with his trip and I don't see how the theory holds up at all. He would have run out of gas long before reaching King had he done what they allege.

It's a good thing that NC has changed the requirement for witness identification. As of 2007, they *must* show a witness a photo line-up with at least five filler photos. They slipped by with the Gracie thing. Had it happened after, 07 it wouldn't have been accepted in court. I doubt she would have been able to identify JY from a 6 person line-up especially if there are bald men in the line-up.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_14A.pdf
Click to expand...

Yet you believe 16 witnesses 'saw' Nancy Cooper running, even though there was no confirmed sighting of her outside running by anyone who actually knew her.

I found Gracie credible in what she told. She described her 5'11" son as "little taller than me." She described her 6' husband as "little taller than me." She seems to use that term fairly often. So that didn't bother me when I heard her use it to describe others with known heights.

I'm going by her trial testimony. I believe she absolutely had an encounter that morning @ 5:30am. She described what she saw, what was said to her, and why she remembered the encounter. She remembered the details of the cash transaction, there was a receipt that corroborated what she said, she remembered what the guy drove in terms of it being a light SUV, she remembered the guy pushing the button at the pump multiple times and describing how she ignored those; she had what I consider a normal recollection of her encounter.

According to the testimony, this wasn't a person she waved at as he went by--she had to deal with this guy who cussed her out and threw the $20 at her and no one else, other than 1 drunk woman months before, had ever treated her that way. Yes, she is believable to me, especially as there is a cash receipt that also shows a $15 transaction occurred at the same time, with a $20 used to pay and she had an overage of $5. According to testimony she was able to hold down a job, she was trusted to properly do that job, she was able to follow the rules of her job and provide proper service and transactions and continue to do that consistently.

However, even if I completely throw out Gracie's testimony and pretend she doesn't exist and wipe clean that whole encounter, that doesn't change the totality of the evidence in allowing me to determine guilt BARD. Gracie is just a bit of icing on the cake. She's not the cake, IMO.
 
Madeleine74 said:
Yet you believe 16 witnesses 'saw' Nancy Cooper running, even though there was no confirmed sighting of her outside running by anyone who actually knew her.

I found Gracie credible in what she told. She described her 5'11" son as "little taller than me." She described her 6' husband as "little taller than me." She seems to use that term fairly often. So that didn't bother me when I heard her use it to describe others with known heights.

I'm going by her trial testimony. I believe she absolutely had an encounter that morning @ 5:30am. She described what she saw, what was said to her, and why she remembered the encounter. She remembered the details of the cash transaction, there was a receipt that corroborated what she said, she remembered what the guy drove in terms of it being a light SUV, she remembered the guy pushing the button at the pump multiple times and describing how she ignored those; she had what I consider a normal recollection of her encounter.

According to the testimony, this wasn't a person she waved at as he went by--she had to deal with this guy who cussed her out and threw the $20 at her and no one else, other than 1 drunk woman months before, had ever treated her that way. Yes, she is believable to me, especially as there is a cash receipt that also shows a $15 transaction occurred at the same time, with a $20 used to pay and she had an overage of $5. According to testimony she was able to hold down a job, she was trusted to properly do that job, she was able to follow the rules of her job and provide proper service and transactions and continue to do that consistently.
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Let's say this did happen, and it was JY. He would've never made it to that gas station unless he pumped gas elsewhere before, and only pumped a few dollars there. where else did he pump gas and not get caught on camera? Or let's say he took his time, drove conservatively, still in an uncontrollable rage from murdering his wife, and only pumped $15 there. That's not a full tank of gas, so he would've had to stop somewhere else and pay cash again. Where did he stop, avoid contact with anyone and security cameras while paying cash?

Sent from your mom's smartphone
 
Somebody sure was an evil genius of sort. That is an intruder that doesn't leave any evidence or have any motive. Just beat a womans head in for the heck of it... and leave the child and dog ok. Maybe just a woman hater?

If you know the amount of gas it takes to make a trip... I don't really see what you mean about re-filling. You just need enough to cover for the trip there and back. How many fill ups would that be? I also don't think a can would necessarily leave gas in the trunk. If you are going to kill your wife... there are alot of chances you take IMO. Could have just as easily pulled over, put gas in car, throw away stuff, change clothes, etc

He could have wrecked, somebody see him, somebody film him, speeding ticket... alot of chance involved if he did do it.
 
dgfred said:
Somebody sure was an evil genius of sort. That is an intruder that doesn't leave any evidence or have any motive. Just beat a womans head in for the heck of it... and leave the child and dog ok. Maybe just a woman hater?

If you know the amount of gas it takes to make a trip... I don't really see what you mean about re-filling. You just need enough to cover for the trip there and back. How many fill ups would that be? I also don't think a can would necessarily leave gas in the trunk. If you are going to kill your wife... there are alot of chances you take IMO. Could have just as easily pulled over, put gas in car, throw away stuff, change clothes, etc

He could have wrecked, somebody see him, somebody film him, speeding ticket... alot of chance involved if he did do it.
Click to expand...

He would've run out of gas before ever getting to the gas station in King, that's the thing. And if somehow he did make it there, only put $15 in, he would've run out of gas over 100 miles before he got gas at the next confirmed by receipt gas station he went to.

Edit: so where's the other gas station he stopped at and paid cash only? And if he had a gas can, his vehicle got 19.5 mpg. He would've needed a few five gallon gas cans to make the next leg of the trip.

http://youtu.be/--Olb3pkoLw

Sent from your mom's smartphone
 
So 2 five-gallon gas containers.

Now you are being mean to me... if there was another station I knew of I would have reported him long ago ;)
 
dgfred said:
So 2 five-gallon gas containers.

Now you are being mean to me... if there was another station I knew of I would have reported him long ago ;)
Click to expand...

So either he had multiple gas cans, which police found no evidence of, or he made multiple cash only stops for gas. But even if he did make multiple stops, he would have to do the math to make sure he didn't put too much or too little gas in his tank or else the gas mileage between credit card fill ups wouldn't match.

This is the part that doesn't make sense. How did he avoid cameras or witnesses at these cash only fill ups?
So, in a fit of rage, he drove 160 miles, beat his wife to death, cleaned and drugged CY, drove 120 miles to four brothers, still in a fit of rage goes off on Gracie, puts less than a half tank of gas in, goes to the hotel and checks out, stops at another gas station and pays only cash and fills up just the right amount as not to throw off his gas mileage while avoiding witnesses and security cameras.

They checked all the gas stations along his routes and alternative routes.

Sent from your mom's smartphone
 
dgfred said:
Somebody sure was an evil genius of sort. That is an intruder that doesn't leave any evidence or have any motive. Just beat a womans head in for the heck of it... and leave the child and dog ok. Maybe just a woman hater?

If you know the amount of gas it takes to make a trip... I don't really see what you mean about re-filling. You just need enough to cover for the trip there and back. How many fill ups would that be? I also don't think a can would necessarily leave gas in the trunk. If you are going to kill your wife... there are alot of chances you take IMO. Could have just as easily pulled over, put gas in car, throw away stuff, change clothes, etc

He could have wrecked, somebody see him, somebody film him, speeding ticket... alot of chance involved if he did do it.
Click to expand...

BBM. If your comment is about the Young case, you are incorrect. Evidence was submitted at two trials about unknown DNA and bloody shoe prints in a size too small to fit Jason at the crime scene as well as eye witnesses who saw activity at the crime scene at a time it has been proved Jason wasn't in Raleigh.
 
He killed her. There is no doubt. I hope he hears guilty again and soon.
 
jova33 said:
So either he had multiple gas cans, which police found no evidence of, or he made multiple cash only stops for gas. But even if he did make multiple stops, he would have to do the math to make sure he didn't put too much or too little gas in his tank or else the gas mileage between credit card fill ups wouldn't match.

Sent from your mom's smartphone
Click to expand...

Didn't he get convicted without these things? I am just speculating of course and thinking of possibilities.
 
MyBelle said:
BBM. If your comment is about the Young case, you are incorrect. Evidence was submitted at two trials about unknown DNA and bloody shoe prints in a size too small to fit Jason at the crime scene as well as eye witnesses who saw activity at the crime scene at a time it has been proved Jason wasn't in Raleigh.
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Of course I was commenting on the Young case in the Young thread.

Evidence submitted doesn't mean it proved what they wanted it to prove IMO.

Eyewitness testimony didn't seem to be taken over other evidence that he did do it.

If they had proved he wasn't in Raleigh... he would have been found innocent.

There is still zero motive for anyone else IMO.
 
dgfred said:
Didn't he get convicted without these things? I am just speculating of course and thinking of possibilities.
Click to expand...

What do you mean? Well obviously the second jury completely ignored these inconsistencies in the states theory, so yes, he did get a guilty verdict in spite of compelling evidence that he couldn't have possibly made the drive without running out of gas.

http://youtu.be/--Olb3pkoLw

Sent from your mom's smartphone
 
I don't think he was in a rage until the beating started. I think it was well thought out for the most part.
 
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