State vs Jason Young 2-17-2012

[octobermoon]

Do we know for sure she wasn't potty trained?

MF said almost. She (CY) still wore a diaper to bed. IIRC

 

[Wolfpack]

Are we coming back for more testimony this afternoon? Or are we taking the usual Friday half day?

Also, when is CY's birthday? I know she was 2 years old, but I don't know if that's a 2 year old being 24 months, or a 2 year old being almost 3.

 

[Grammy Jean]

I don't... but there has been questions about her diapers.

MF testified CY wore big girl underpants during the day and a diaper to bed at night.

 

[CarolinaMoon]

According to Vinnie, they will be back after lunch.

 

[gracielee]

She did go potty on the potty during the daytime. Shelly Schaad testified that CY 'used the potty while she was there and did fine at it.'

Sorry, I so accustomed to 'kiddy speak'. I should have used the word *toilet* for potty. Shelly Schaad testified CY used the toilet to go potty, did it by herself.

 

[Madeleine74]

Testimony is all day today.

 

[Grammy Jean]

Also Cy's teacher claimed CY said first Mommy was on the bed with red stuff all over her, then she was on the floor. I shudder at what this poor little girl saw.

 

[thumbtack]

I agree, that is how I understood it.

Also, and this could be wrong, but I thot the Judge said it would take an hour to decide. Anyone else? There was something about an hour, maybe it was lunch lol

The judge said he didn't want to hear from CY today & needed time to think about the situation. I think he meant over the wknd.

 

[gracielee]

Also Cy's teacher claimed CY said first Mommy was on the bed with red stuff all over her, then she was on the floor. I shudder at what this poor little girl saw.

Yes, Grammy. Now we know CY did witness her mother's murder. She saw and related the sequence of events. Some on the bed, some on the floor, red stuff/blood all over. No wonder CY was 'kept from' Michelle's family for two years afterwards. Even followed into the bathroom, so CY could never say anything about what she saw that night. And IMO, the young clan knew what happened that night. This baby surely would have *told* them. :maddening:

 

[cityslick]

It's certainly a fine line if he allows it in. I'm wondering if there is precedent where a judge allowed 'testimony' from a toddler via a teacher, such as a case like this. I thought hearsay was usually only waived if a witness heard it from someone who is deceased (like a victim).

 

[luckyme]

What the heck did i miss??? :what:

 

[Wolfpack]

It's certainly a fine line if he allows it in. I'm wondering if there is precedent where a judge allowed 'testimony' from a toddler via a teacher, such as a case like this. I thought hearsay was usually only waived if a witness heard it from someone who is deceased (like a victim).

Not to dredge up the BC trial for a discussion on his guilt or innocence, but how is allowing the testimony in of this child through her teacher (a 2 year old) different from allowing B. Cooper's statement (a 4 year old) in through her friend and neighbor?

Why is this more reliable? In your opinions only, of course, since we do not know what the judge will rule.

 

[cityslick]

Not to dredge up the BC trial for a discussion on his guilt or innocence, but how is allowing the testimony in of this child through her teacher (a 2 year old) different from allowing B. Cooper's statement (a 4 year old) in through her friend and neighbor?

Why is this more reliable? In your opinions only, of course, since we do not know what the judge will rule.

Yea I was just going to go there. Would it be because she was 'acting' it out, via dolls? And then on top of that, if he allows it in, doesn't he have to allow the 'daddy did it'?

If it was the other way around, and she was acting out something that pointed away from JY, I'm sure the state would fight tooth and nail to not have it admitted (on the same grounds the DT is fighting now).

 

[Mama-cita]

Are we coming back for more testimony this afternoon? Or are we taking the usual Friday half day?

Also, when is CY's birthday? I know she was 2 years old, but I don't know if that's a 2 year old being 24 months, or a 2 year old being almost 3.

Her birthday is toward the end of March so she would have been two years and nearly 7 and a half months

 

[Madeleine74]

If the teacher is allowed it will be to share what she observed (actions, not words). Because it shows CY was likely a witness to the murder itself it is another piece of C.E. that it was a killer who KNEW she witnessed the murder and yet didn't harm her.

In the BC case the oldest daughter (4 at the time) was not a witness to the murder. Further, BC said both his daughters were asleep when NC left the house. Daughter's statements could not come in through someone else, per judge's order.

 

[fifteen89]

More than one person???? Did I hear that right?:waitasec:

'More than one person' what?

 

[cityslick]

If the teacher is allowed it will be to share what she observed (actions, not words). Because it shows CY was likely a witness to the murder itself it is another piece of C.E. that it was a killer who KNEW she witnessed the murder and yet didn't harm her.

In the BC case the oldest daughter (4 at the time) was not a witness to the murder. Further, BC said both his daughters were asleep when NC left the house. Daughter's statements could not come in through someone else, per judge's order.

BC's daughter said she saw her mother that morning, therefore she was a potential eyewitness to her mother being alive (a crime not being committed in the home). It's the same thing, just reverse.

 

[Madeleine74]

Well these things are judgement calls I guess. The jury still would have weighed what the daughter was alleged to have said against what BC said (they were asleep). No judge is going to put a 4 yr old on a witness stand at a murder trial.

Further thought: wonder if it's because in this case CY is part of the evidence. As a witness to the murder, and left alive. Not as a witness whose statements are coming in.

 

[CarolinaMoon]

FWIW, a two year old+ child can remember traumatic events. I was the same age when my mother called me to the bedroom. There was red stuff all over the floor and my mother was wearing a bathrobe I can still describe to this day. She sent me to get the neighbor who called for an ambulance. There was a bit of difficulty finding $75 cash for them to take her to the hospital.

Mom and I never discussed this and I've discussed it with nobody else. (She had a late-term miscarriage). I did not know this until I was an adult.

BTW, this was 62 years ago and there was no 911 and ambulances were pay as you go.

It's very possible CY remembers it all, I'm sorry to say.

 

[cityslick]

Well these things are judgement calls I guess. The jury still would have weighed what the daughter was alleged to have said against what BC said (they were asleep). No judge is going to put a 4 yr old on a witness stand at a murder trial.

I agree. I'm not sure what the correct ruling here is either, since to me this is putting a 2 year old on the witness stand, via a teacher. That's why I wonder if it's a difference that she acted it out, vs. saying it. (it would be somewhat ironic that it would be admitted by her playing with dolls, but not if she actually told the teacher 'daddy killed mommy')