The Jury Hangs - Justice Delayed

[tarheel8600]

Glad to have you aboard. Glad you have jumped in with us -- so just hang on and keep your thoughts coming. Your "mountain" perspective will be a great addition to the bunch!:greetings

Thank you Borndem.

I guess I could possibly have a unique point of view since I live in JY's hometown and know people who know him and his family, and I often hear word on the street. I cannot imagine that he will be openly welcomed if he is granted bond and returns here.

I really wish I could talk to the DA's office about the trial (anonymously of course) because I generally do not automatically side with LE or the prosecution when it comes to those accused of a crime. I tend to be an independent thinker and like to look at the actual evidence before making a decision of innocence or guilt.

In this case, there are many things that point to JY's guilt, and I think the cross examination was not done well at all. I remember when BH said, "That's all I have," my heart dropped because, in my opinion, JY was given a virtual pass.

I cannot understand why more wasn't made of MY's purse being left untouched - especially since it was out in the open. A burglar, it seems to me, would have gone through that purse looking for any cash she may have had on hand. A burglar would be programmed to go to an obvious source of cash. The "burglar" had time to look for $500 in cash hidden in a wallet in a closet, but it never occurred to him to look in MY's purse. It just doesn't add up.

Also, the DA's office needs to address the unknown fingerprint(s) on the plastic cup that was on top of the adult cold medicine bottle - even if this means searching for a second assailant or widening the gathering of fingerprints of people who were known to visit the house - it could turn out to be a totally innocent explanation - especially if the assailant was wearing gloves, which seems to be a given. That could have been one of the things that held up 8 members of the jury.

 

[No Coincidence]

You might include a short, handwritten note along with the "formal" one. Perhaps state that you (we) are behind the DA's office 100% and feel strongly that justice will only be served when JY is convicted....etc.

I like your idea - thanks.

That would be a nice touch, personal, but screams I MEAN BUSINESS. I do not want anyone to think I will name this site, specific people, aliases or anything of that nature. If I decide to write, I'm not sure I'd know how to phrase the opinion as more than just my own, but not anyone else specifically. Maybe something along the lines of a demographically and geographically mixed group of passionate followers (too wordy, any suggestions accepted) I'm not even sure ill write yet, but I find it hard to stay on the boat while it continues to take in water...

 

[Tugela]

Just reading through some of the posts here and I have an observation to make. You guys seem to think that presentation is the key, but that is not why the jury hung. It hung because the evidence was not convincing. Theatrics (or lack thereof) by either the prosecutor or the defence is not going to change the outcome if the evidence is clear, it can only change the outcome if the evidence is not there. By saying things like they should change the order of the witnesses, or suggesting that they play the emotional card more strongly, you are tacitly admitting that the evidence is weak, and if that is the case then the jury is supposed to be aquitting.

 

[Just the Fax]

Do any WSers know whether or not the retired school teacher from Brevard, John Goins, aka Gojo and Jake, was present during the trial? I looked during the trial to see if I could see someone who might be him, but no one stood out to me.

I looked from the viewpoint of watching the trial from home, as I was not present during any testimony.

Not a chance.....he talks a big game on the net, but is really a wuss like Jason.

 

[NCEast]

Just reading through some of the posts here and I have an observation to make. You guys seem to think that presentation is the key, but that is not why the jury hung. It hung because the evidence was not convincing. Theatrics (or lack thereof) by either the prosecutor or the defence is not going to change the outcome if the evidence is clear, it can only change the outcome if the evidence is not there. By saying things like they should change the order of the witnesses, or suggesting that they play the emotional card more strongly, you are tacitly admitting that the evidence is weak, and if that is the case then the jury is supposed to be aquitting.

The presentation and the cross of JY were major hanging points. And there are a few holes in the State's evidence, agreed. However, I feel some of these negatives could have been overcome by a better presentation, with a better approach to connecting the dots, with better filling in the gaps, with better drilling down on the evidence the prosecutor's had. The detective who played such a large role in this case testified with such a lack of passion, coupled with the lack of passion that BH displayed most of the time. I feel that the deficits in the State's case could have been somewhat overcome had the presentation, the passion, the intensity, and the confidence displayed by the primaries in the State's case had been stronger.

 

[Just the Fax]

Just reading through some of the posts here and I have an observation to make. You guys seem to think that presentation is the key, but that is not why the jury hung. It hung because the evidence was not convincing. Theatrics (or lack thereof) by either the prosecutor or the defence is not going to change the outcome if the evidence is clear, it can only change the outcome if the evidence is not there. By saying things like they should change the order of the witnesses, or suggesting that they play the emotional card more strongly, you are tacitly admitting that the evidence is weak, and if that is the case then the jury is supposed to be aquitting.

Presentation?
That was not key, though BH could use some coaching on how to address a witness and a jury.
The evidence is very convincing. It just needs to be presented as such.

For me, JLY is guilty beyond a shadow of a doubt. Maybe not based on what what presented in court, but based on what I know as the totality of the CE (much of which was not presented or not emphasized as to importance).

I hope and pray this prosecution team regroups and gets their heads screwed on right. This is not only a strong case, it has potential to be a slam dunk.

 

[tarheel8600]

Another point that needs to be brought up on retrial is the fact that JY said that the reason he didn't need to use a keycard to enter his hotel room the second and third time he entered after retrieving his computer charger and then returning from outside to smoke a cigar is because his hotel room door did not close and secure properly.

If the hotel room door didn't secure properly, why did he have to use the keycard the first time he entered?

If the hotel room door didn't secure properly, why did the maid have to use her keycard to enter the next morning to clean?

How many people staying in a hotel would opt to stay in a hotel room where the door did not secure properly? Why wouldn't he ask for another room?

Most people (men or women) would want a door that shut properly to ensure their own personal safety and the safety of their valuables that were in the room.

Why would JY assume it was safe to stay in that room when he had no way of knowing what other types of people were also staying in that hotel that night, also? The way JY described it, anyone could have entered that room.

Maybe detectives need to go back to HI to see how many customers complained about the malfunctioning door to that room and requested a room change for their safety. Certainly maintenance would have a record if they had ever had to fix that door.

 

[ncsu95]

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.

Not sure how they could have had a picture lineup. They were going store to store asking if anyone saw this person.

 

[cody100]

I believe the door did close securely, but it did not automatically close tight like some doors do. In addition, he had the night latch. So, when it started closing, it would stop before closing all of the way. That is what I understood when I heard his testimony.

I have stayed in hotels like that. The door does close but you have to shut it or pull it to complete the closing of the door.

 

[gorealtors]

Not sure how they could have had a picture lineup. They were going store to store asking if anyone saw this person.

Right, it was a canvas.

 

[cody100]

Not sure how they could have had a picture lineup. They were going store to store asking if anyone saw this person.

Actually, show them a pic of JY with several other guys in there as well and ask if they had seen any one of them. I admit it might take extra time, but it would have reaped a lot of benefits down the road. IMOO

 

[Madeleine74]

Since Gracie was about 2 ft from the guy she encountered at the gas station, she should be able to be the same distance from JLY in order to make the identification in court. He should stand down so she can see his height and facial features and from the same angle she saw that morning in 2006.

 

[cody100]

Since Gracie was about 2 ft from the guy she encountered at the gas station, she should be able to be the same distance from JLY in order to make the identification in court. He should stand down so she can see his height and facial features and from the same angle she saw that morning in 2006.

I agree, Madeleine. But, in all fairness, she has already been prejudiced by that point as to who he is. So, how do we eliminate the prejudice of seeing just one pic? I asked that not to be argumentative, but simply to be concerned by the appearance of prejudice. I believe he is guilty, don't get me wrong, but I can see how jury and others might find issues with her testimony under the circumstances. Through no fault of her own.

 

[ncsu95]

The presentation and the cross of JY were major hanging points. And there are a few holes in the State's evidence, agreed. However, I feel some of these negatives could have been overcome by a better presentation, with a better approach to connecting the dots, with better filling in the gaps, with better drilling down on the evidence the prosecutor's had. The detective who played such a large role in this case testified with such a lack of passion, coupled with the lack of passion that BH displayed most of the time. I feel that the deficits in the State's case could have been somewhat overcome had the presentation, the passion, the intensity, and the confidence displayed by the primaries in the State's case had been stronger.

I'm really hoping one of the "guilty" jurors speaks to explain what was missing for the "not guilty" jurors.

 

[gorealtors]

I'm really hoping one of the "guilty" jurors speaks to explain what was missing for the "not guilty" jurors.

Another thing that puzzles me is 2 jurors changed their vote from guilty to NG in less than 2 hours. Wonder what swayed them?

 

[cody100]

Another thing that puzzles me is 2 jurors changed their vote from guilty to NG in less than 2 hours. Wonder what swayed them?

I think this is a question everyone wants to know. I am guessing the 6 NG were very persuasive in their belief of NG.

 

[gracielee]

He did it and he is evil.

JMO

In reference to Hennis, that second jury was so proud of themselves for letting him off death row. Slick defense lawyers got him out. He not only raped and murdered poor Kathryn Eastburn, but he slit the throats of two babies. I certainly hope the military system puts him to death, post haste.

 

[borndem]

That would be a nice touch, personal, but screams I MEAN BUSINESS. I do not want anyone to think I will name this site, specific people, aliases or anything of that nature. If I decide to write, I'm not sure I'd know how to phrase the opinion as more than just my own, but not anyone else specifically. Maybe something along the lines of a demographically and geographically mixed group of passionate followers(too wordy, any suggestions accepted) I'm not even sure ill write yet, but I find it hard to stay on the boat while it continues to take in water...

I don't think it's too wordy at all. I would like them to know that we're not from another rather "infamous" group of people who have little knowledge of many of the early details or documentation, or who choose to ignore it.

Maybe something like, "a demographically mixed group of passionate followers, many of whom have followed this case since the announcement of Michelle's murder," to show that we, like they, have been living & breathing this case since its inception.

 

[gracielee]

Not sure how they could have had a picture lineup. They were going store to store asking if anyone saw this person.

Exactly NCSU. They visited every store from HI eastward. Anyplace that sold gas that time of night, looking for anyone who might have seen JLY buying gas. Imagine the confusion, law enforcement bringing in a picturee line-up, asking all the clerks on duty that night, 'did you happen to see any of these men buying gas, and if so, which one out of these six or eight photos was it?" When they are looking for a specific person, they don't take a photo line-up to scores of stops, they take the picture of the person they are looking for. The first time, gracie ID'd the photo, described him as tall and thin, and what car he was driving. He stood out to her because he yelled and swore at her. Memories fade as years go by, but her initial contact was fresh in her mind.

 

[terminatrixator]

No idea if they've ever gotten mail about this case but I have no doubt they would certainly read it if someone took the time to mail a letter. I would opt for something from a word processing program and printed on nice paper, rather than handwritten, which can be difficult to read.

I know in SP trial Prosecutors AND defense had a pulse on all the websites out there including WS, and CTV. A photograph by a member of websites was used to rebut the defense.

Contacting a Judge would cause for a recuse, sending information to the DA's office shouldn't cause a problem. If they were SMART they would pay attention.