calgary123
Member
- Joined
- Jul 16, 2008
- Messages
- 228
- Reaction score
- 0
This is too bad, at a minimum its a waste of resources. Its pretty interesting that the jury started out split 6-6, that's remarkable.
Imagine if JY had given a deposition if he disputed custody? This would have given the prosecution advance notice of everything they needed to rebut in advance and the case would have gone quite differently IMHO.
Some of you think JY giving up custody was a sign of guilt. I'm not so sure about that. I think the other evidence is sign of his guilt. He followed prudent legal advice to shut up and he followed it precisely. BC on the other hand spoke under oath in a custody deposition and that came back to haunt him, a decision he'll regret for, literally, the rest of his life.
I think both BC and JY did it, but look how much harder things are to prove when you don't know the story you're ultimately going to face? BC testifies in a related civil case and gives the prosecution complete notice as to his alibi, does not testify at trial, and is convicted. JY clams up until the last minute and gambles to testify, and is not convicted.
In a retrial the prosecution will have a major advantage in knowing the JY story. I expect the 2nd time around they'll get it right.
I also think the prosecution had a lot more on BC than they did on JY, but a lot of that originates in the information they got from the deposition which made it an easier prosecution in terms of anticipating the defence. This also led to a longer prosecution but ultimately it worked.
I feel sorry for the family of MY, they are going to have to relive this again.
EDIT: For example, second time around, send a detective to every gas station and find out how many had cameras, how they were set, etc., how many staff on duty at the relevant times, ask how many customers per day during the relevant time, ask about how many times people steal gas from them and are never seen on camera (this happens a lot, daily where I live, and shows that its pretty easy for a gas clerk not to notice you, I'm not suggesting he stole gas, just that the clerks miss even thefts often, they aren't going to remember every customer). In short, only finding one gas attendant who sold him $15 in gas is not demonstrative of anything. The clerk only remembered him because he threw a fit.
Imagine if JY had given a deposition if he disputed custody? This would have given the prosecution advance notice of everything they needed to rebut in advance and the case would have gone quite differently IMHO.
Some of you think JY giving up custody was a sign of guilt. I'm not so sure about that. I think the other evidence is sign of his guilt. He followed prudent legal advice to shut up and he followed it precisely. BC on the other hand spoke under oath in a custody deposition and that came back to haunt him, a decision he'll regret for, literally, the rest of his life.
I think both BC and JY did it, but look how much harder things are to prove when you don't know the story you're ultimately going to face? BC testifies in a related civil case and gives the prosecution complete notice as to his alibi, does not testify at trial, and is convicted. JY clams up until the last minute and gambles to testify, and is not convicted.
In a retrial the prosecution will have a major advantage in knowing the JY story. I expect the 2nd time around they'll get it right.
I also think the prosecution had a lot more on BC than they did on JY, but a lot of that originates in the information they got from the deposition which made it an easier prosecution in terms of anticipating the defence. This also led to a longer prosecution but ultimately it worked.
I feel sorry for the family of MY, they are going to have to relive this again.
EDIT: For example, second time around, send a detective to every gas station and find out how many had cameras, how they were set, etc., how many staff on duty at the relevant times, ask how many customers per day during the relevant time, ask about how many times people steal gas from them and are never seen on camera (this happens a lot, daily where I live, and shows that its pretty easy for a gas clerk not to notice you, I'm not suggesting he stole gas, just that the clerks miss even thefts often, they aren't going to remember every customer). In short, only finding one gas attendant who sold him $15 in gas is not demonstrative of anything. The clerk only remembered him because he threw a fit.