The Jury Hangs - Justice Delayed

[cody100]

Has anyone considered that the state tried to figure a way to lay out the gas milage issue for the jury, but it never worked out right? You can't make it happen if it won't. You only have the facts you have to work with. In that case, you let the jury try to do it based on all the other evidence. That just didn't happen for some of them apparently.

Prancy, it doesn't compute unless he bought gas elsewhere, which he could have done. However, they had weak eye witness testimony from Gracie (MOO) and in my opinion their scenario requires additional cash purchases of gas somewhere. It fits perfectly with the defense story but not with the prosecution's story unless he bought additional gas somewhere. Indeed he could have done that but there is no proof. I am betting the 8 NG found the defense argument believable. It will be hard to overcome that fact IMO. I don't think JY will take a plea bargain but I could be wrong.

I think the next trial will have the same problems if the prosecution does not address a number of issues, including the gas purchases.

 

[AmarilloByAM]

This is a nightmare really, isn't it?!? To most all of us here we have just known all these years that JY was guilty. It has been so painfully obvious to us. Perhaps the Prosecution and JS thought the same thing and that there was no way a jury would find that you-know-what not guilty. I don't think anyone counted on JY being the performer that he was on the stand. I never even considered anyone or any juror ever could learn the circumstances of this case and think JY was not guilty. It never occurred to me that was even a possibility. It feels so strange to find out so many of us were wrong in thinking that way.

I keep thinking back to Detective Daniels being on the stand in the BC trial and the great job (in my opinion) he did summarizing that BC was the one with the means and motivation to kill NC. I sure wish there had been someone to testify in this trial that left such a lasting impression like Detective Daniels did for me.

 

[otto]

Has anyone considered that the state tried to figure a way to lay out the gas milage issue for the jury, but it never worked out right? You can't make it happen if it won't. You only have the facts you have to work with. In that case, you let the jury try to do it based on all the other evidence. That just didn't happen for some of them apparently.

I'm sure it was an anticipated point since people on forums were discussing the gas/mileage issue without knowing about the gas attendant in King.

 

[otto]

Prancy, it doesn't compute unless he bought gas elsewhere, which he could have done. However, they had weak eye witness testimony from Gracie (MOO) and in my opinion their scenario requires additional cash purchases of gas somewhere. It fits perfectly with the defense story but not with the prosecution's story unless he bought additional gas somewhere. Indeed he could have done that but there is no proof. I am betting the 8 NG found the defense argument believable. It will be hard to overcome that fact IMO. I don't think JY will take a plea bargain but I could be wrong.

I think the next trial will have the same problems if the prosecution does not address a number of issues, including the gas purchases.

I think the case would have been stronger without the witness from King. That witness informed the jury that police had gone to every gas station along the route looking for anyone that could identify Jason. The only person that claimed she could identify Jason was shown a picture of him and asked if she had seen a white SUV ... but the person she identified had thinning hair and was about 5 feet tall. I think that was enough to eliminate the witness testimony. Since the jury knew that police were concerned about the mileage and amount of gas, they were looking for that loose end to be tied up, and it wasn't. Again, another place for the defense to hit a home run.

 

[ncsu95]

I don't really think JLY convinced 8 jurors he was not guilty. I think it's more that the state was not able to convince 8 jurors that he *was* guilty. JMO

I agree with this. Goes with the presumption of innocence until proven guilty.

 

[dgfred]

It's hard to read people when they are under multiple stresses. Jason could be guilty and therefore while testifying he's jumpy and nervous, or Jason could be innocent and fighting to prove his innocence and therefore jumpy and nervous. I thought he was very clear thinking. One point that stood out for me was when the prosecutor asked half a question, and he said 'no, he wasn't there', to which she responded "you were never ..." and he said "sorry, I interrupted, please finish your question". It was something like that ... point being was that he came across as not being defensive or argumentative, and that worked in his favor. Furthermore, he was wide open to having to answer any question that the prosecution wanted to throw at him, and he was prepared to answer them all. The jury could have assumed that he could not possibly have aniticipated and manufactured false answers to all possible questions.

I believe there were many questions the prosecutor could have asked him but didn't... I don't know 'their' reasoning for not doing it. IMO all he could have said was I don't know without lying. That would have shown the jurors that he was not prepared to answer questions truthfully.

I believe they should be able to find out exactly about that 'car accident' that he looked up head traumas and such afterwards.

The rock in the door INSTEAD of a branch... which he likely could not reach was very telling to me personally.

People look different when under stress it is true, but still give 'impressions' of guilt IMO. Reminds me of another case we follow (wink) from watching his testimony. IMO he is lying about being 'broken inside' about the death of his wife... and at other points in his testimony, but that's just me.

 

[dgfred]

I think the case would have been stronger without the witness from King. That witness informed the jury that police had gone to every gas station along the route looking for anyone that could identify Jason. The only person that claimed she could identify Jason was shown a picture of him and asked if she had seen a white SUV ... but the person she identified had thinning hair and was about 5 feet tall. I think that was enough to eliminate the witness testimony. Since the jury knew that police were concerned about the mileage and amount of gas, they were looking for that loose end to be tied up, and it wasn't. Again, another place for the defense to hit a home run.

I didn't agree with you earlier on this, but after watching her testimony on video... she wasn't that good of a witness anyway. I can't believe they didn't have a picture 'lineup' instead of just his picture. No way now that I think she could have misidentified him off by a foot in height. You were right again pal.

 

[Prancy]

There was an article in N&O today that mentioned MY's mom having a poster size photo of her daughter in court. Does anyone have the details on that? What happened?

 

[Just the Fax]

I didn't agree with you earlier on this, but after watching her testimony on video... she wasn't that good of a witness anyway. I can't believe they didn't have a picture 'lineup' instead of just his picture. No way now that I think she could have misidentified him off by a foot in height. You were right again pal.

Please remember she told Spivey early on he was "tall and had blondish hair".
During the supression hearing, 4 1/2 years later, she gave that inaccurate description to the defense under stressful testimony.
Huge, unfortunate blow for the state.

BH: Next time, ask Spivey to read from his notes her description of JLY when it was fresh on her mind.

 

[cody100]

She took the poster size photo over to PY and showed them to her. Py did not say much to her. Clearly, MY's mom was in pain. I would not have expected PY to have hugged her.

 

[Just the Fax]

There was an article in N&O today that mentioned MY's mom having a poster size photo of her daughter in court. Does anyone have the details on that? What happened?

 

[dgfred]

Please remember she told Spivey early on he was "tall and had blondish hair".
During the supression hearing, 4 1/2 years later, she gave that inaccurate description to the defense under stressful testimony.
Huge, unfortunate blow for the state.

BH: Next time, ask Spivey to read from his notes her description of JLY when it was fresh on her mind.

That's really what I mean... it shouldn't have been stressful in any way for her.

It is one piece of evidence I'm not quite sure what happened. He had to get gas to have murdered her, but I'm almost sure he wouldn't have gone anywhere that had cameras at all. Why take that huge chance? Then again, what stores would have been open at that time? Wouldn't most that were open have cameras? How lucky was he that the hotel parking lot didn't have any?

 

[otto]

I believe there were many questions the prosecutor could have asked him but didn't... I don't know 'their' reasoning for not doing it. IMO all he could have said was I don't know without lying. That would have shown the jurors that he was not prepared to answer questions truthfully.

I believe they should be able to find out exactly about that 'car accident' that he looked up head traumas and such afterwards.

The rock in the door INSTEAD of a branch... which he likely could not reach was very telling to me personally.

People look different when under stress it is true, but still give 'impressions' of guilt IMO. Reminds me of another case we follow (wink) from watching his testimony. IMO he is lying about being 'broken inside' about the death of his wife... and at other points in his testimony, but that's just me.

I have believed that Jason was involved in his wife's murder since about 4-6 weeks after the murder, but always left room for the possibility that I am wrong or that there is additional information that I'm simply not aware of. I rely on trial evidence to move me one way or another. At this point, given the 8-4 not guilty jury split, I'm questioning whether I was wrong or whether the prosecution theory is incomplete. Some murders cannot be prosecuted because the evidence is weak or there's a hole or two somewhere in the theory. At this time, I'm inclined to think that there is a hole in the prosecution's theory.

When I first heard of this case, I immediately thought of the case of Christopher Porco (http://www.trutv.com/library/crime/notorious_murders/family/christopher_porco/1_index.html). Jason's murder seems to follow that one, without the extra glitches that led to Porco's conviction.

 

[NCB]

Heartbreaking...

 

[otto]

I didn't agree with you earlier on this, but after watching her testimony on video... she wasn't that good of a witness anyway. I can't believe they didn't have a picture 'lineup' instead of just his picture. No way now that I think she could have misidentified him off by a foot in height. You were right again pal.

I don't think anyone was really open to the possibility that the gas attendant's testimony would be doubted, in part because it was so helpful to the prosecution. However, we saw the response to eyewitness testimony in the Cooper case and how it was ridiculed and discredited not only because it didn't support the preferred outcome, but because eyewitness testimony in general is unreliable. In this case, the eyewitness testimony supported the desired outcome, but that does not make it any more credible. The height issue/error was a serious one, in my opinion. A picture lineup would have made her 100% credible. Police should have tried to correct the mistake by showing her a 6 person photo line up during a followup interview, and even that would have added credibility.

 

[otto]

There was an article in N&O today that mentioned MY's mom having a poster size photo of her daughter in court. Does anyone have the details on that? What happened?

After the hung jury, she took the large photo (about 24 x 30) over to Jason's mother and showed it to her. Pat seemed to look at it and then nothing, so Linda left the courtroom.

 

[happy2binNC]

After the hung jury, she took the large photo (about 24 x 30) over to Jason's mother and showed it to her. Pat seemed to look at it and then nothing, so Linda left the courtroom.

I could have sworn I either read a report or saw a video clip of that where LF said to PY, "Isn't she beautiful?"

 

[Just the Fax]

Please explain the laptop cord that he "left" in the Explorer.

We saw the black computer case on his shoulder. His laptop cord would, logically, have been inside that bag, right?

Another missed point by the state...instead DS pounded on no cigar cutter

 

[fran]

Please explain the laptop cord that he "left" in the Explorer.

We saw the black computer case on his shoulder. His laptop cord would, logically, have been inside that bag, right?

Another missed point by the state...instead DS pounded on no cigar cutter

LOL, JY even had an answer for 'No matches!'


fran

 

[Just the Fax]

The state chose to totally ignore the gas usage and allow the defense to cast reasonable doubt on the time line...using their bogus numbers of a 3 hour drive and 19.5MPG.

Draw up a simple chart like this and explain it to the jury...makes perfect sense to me when you see it spelled out.
======================================================

The $15 only would cover about 7 gallons (+/- $2.20/ gal 2006)
He filled up in Raleigh when he left at 7:30PM and assume he got 20-22 MPG (say 21 MPG highway) which is what the internet says for "real life' MPG Highway.

Full = 22.5 gallons
Drive 170 miles frm Home-> Hillsville
Consume 8.1 gallons
Tank Volume = 14.4 gallons

Drive 170 miles from Hillsville -> Home
Consume 8.1 gallons
Tank Volume = 6.3 gallons

Drive 120 miles from Home to King
Consume = 5.7 gallons
Tank Volume = 0.6 gallons


Need to get tank volume back to 14.4 gallons when gets back to Hillsville

So, he purchased 7 gallons in King (was in big hurry, so didn't the the $20 he paid for) - Had 5 gallons in tank when he arrived back at hotel [used 2 gal from King to hotel) So, somewhere from Hillsville to Clintwood he had to purchase around 9-10 gallons with cash to make up the "lost fuel" and get the gas to match.

Sounds logical and very plausible to me.