Upcoming Trial - 2012

[Cammy]

Hello Cammy I am kind of new here, but I am here for this trial too! I really can't wait! :seeya:

:seeya: Lynx

Been reading here most of the afternoon + catching up at WRAL.
I just don't know what to think, several things just bother me.

 

[Lynx]

:seeya: Lynx

Been reading here most of the afternoon + catching up at WRAL.
I just don't know what to think, several things just bother me.

Gosh Camy, I know what you mean. I just logged in and am still playing catch-up as I have been out of reading at WRAL for a couple of days. Imagine my surprise.

How many backstrikes did the defense use if you know.

BTW/ How did you get your name red? I want mine Royal Purple..lol

 

[Cammy]

I have been reading some of the search warrants... very interesting case.
I am puzzled as to how the last Jury could not reach a verdict, but I do see
some areas that could have caused problems, like the lady at the gas station,
for instance.

IMO

 

[NCEast]

:seeya:

New to the board but ready for the trial!!

Welcome! Hope you won't be shy.

 

[NCEast]

Hello Cammy I am kind of new here, but I am here for this trial too! I really can't wait! :seeya:

Glad to have both you and Cammy join us!

 

[Just the Fax]

I remember a banned poster from another board that had a problem with the lady at the gas station :laugh:

Personally, I think Gracie was extremely credible.

 

[Cammy]

Glad to have both you and Cammy join us!

Long way to go to catch up with you guys, but we will try !!

Thank you for the welcome.....

 

[Lynx]

I have been reading some of the search warrants... very interesting case.
I am puzzled as to how the last Jury could not reach a verdict, but I do see
some areas that could have caused problems, like the lady at the gas station,
for instance.

IMO

The clerk seemed somewhat confused. IIRC, some of those purchases made by other customers around the same time that Jason Young allegedly purchased his gas. Some of these if my memory servers me correctly were purchased with bank/credit cards, why were these witnesses never sought out? Or were they?

 

[otto]

You realize the Fisher's only asked for visitation, right?
Why would he fight that request?
Actually, that could have been done for far less than $5000.

Yep, as a total shock to the Fisher's, Jay offered up primary custody to Meredith.

Why?

Nothing to do with money, as he said on the stand.
It was because he could not open his mouth in a deposition and incriminate himself.
The easy way for all that to go away was to give up his daughter.

I don't think we'll ever know what was discussed behind closed doors regarding the custody of the child. If it was only straight forward visitation, the affidavits would not have needed to specify all of Jason's bad behavior at drunken parties. The paperwork should have been a straight forward application for visitation based on it being in the best interests of the child to maintain a relationship with her mother's relatives. The affidavits seemed aimed at painting Jason as an unfit parent. Regardless of what actually happened during those closed door legal discussions, Jason made a decision to have his daughter raised by her mother's sister. It is also possible that Jason actually thought this may be best for his daughter. It seems to me that Jason's comments regarding his sister in law were always positive.

Regarding legal costs ... lawyers are about $500/hr. After 10 hours, $5000 is gone. I have never heard of a contested child custody dispute being solved for $5000, but maybe that's how it works in NC.

 

[Cammy]

The clerk seemed somewhat confused. IIRC, some of those purchases made by other customers around the same time that Jason Young allegedly purchased his gas. Some of these if my memory servers me correctly were purchased with bank/credit cards, why were these witnesses never sought out? Or were they?

Good question..
Yes, she seemed very confused but having to testify is not the easiest thing in the world.
I am willing to see how she does this time around and if the state can do a better job with her.
IMO

 

[otto]

I remember a banned poster from another board that had a problem with the lady at the gas station :laugh:

Personally, I think Gracie was extremely credible.

There are an awful lot of people that have problems with the gas attendant testifying that the person she thought was Jason was only 5' tall.

 

[borndem]

You realize the Fisher's only asked for visitation, right?
Why would he fight that request?
Actually, that could have been done for far less than $5000.

Yep, as a total shock to the Fisher's, Jay offered up primary custody to Meredith.

Why?

Nothing to do with money, as he said on the stand.
It was because he could not open his mouth in a deposition and incriminate himself.
The easy way for all that to go away was to give up his daughter.

Yep, JTF, pure & simple.

Further, re giving the deposition, IIMN, the deponent is sworn to tell the truth and is not allowed to refuse to answer a question or plead the 5th :nevermind:amendment. Tuff place to be :hot: if you don't want to, or simply cannot, tell the truth. :liar: It's all there on the record -:bricks:- signed, sworn and can be used as evidence in a courtroom. :gasp: Again, a tight spot for someone whose pants are already on fire. In this case, the truth will make him a not-so-free man.:behindbar


:justice:

 

[otto]

I would like to know if any testimony from the first trial can be re-entered in the second trial. For example, can Jason's testimony be entered? If the gas attendant were to change her testimony, can her testimony from the first trial be entered into evidence?

 

[Cammy]

There are an awful lot of people that have problems with the gas attendant testifying that the person she thought was Jason was only 5' tall.

That IS quite a discrepancy , Otto.
IMO

 

[Lynx]

Good question..
Yes, she seemed very confused but having to testify is not the easiest thing in the world.
I am willing to see how she does this time around and if the state can do a better job with her.
IMO

I am willing to listen with a open mind. But that still puts a problem in the timeline IMO.

I do hope she got to view some of the video footage that the SBI videotaped.

 

[Cammy]

I would like to know if any testimony from the first trial can be re-entered in the second trial. For example, can Jason's testimony be entered? If the gas attendant were to change her testimony, can her testimony from the first trial be entered into evidence?

I think it would be exactly the same if they differ from their original statements to LE.
IMO

 

[otto]

That IS quite a discrepancy , Otto.
IMO

Apparently investigators stopped at gas stations along the supposed route and asked if anyone recognized Jason. One woman with some questionable background claimed she recognized him. When asked to describe him, she said that he was the same height as she. She is 5' tall. Many people watching the trial feed assumed that she must have been standing on something to make that statement, but she was standing on the same floor that Jason was standing on. She should have been able to state that he was head and shoulders taller. What she recalled was that she had an altercation with someone and that he then tipped her $5. It couldn't have been Jason if that person was 5' tall ... simply impossible.

For police to try to slide that one by the jury is like them trying to slide the 3 allele DNA match by the jury. They're presenting information, but it isn't evidence of guilt.

Now that they've said the trial will last 5-6 weeks instead of 11 days, we can only imagine what other information they're hoping to slide by the jury.

 

[Just the Fax]

I don't think we'll ever know what was discussed behind closed doors regarding the custody of the child. If it was only straight forward visitation, the affidavits would not have needed to specify all of Jason's bad behavior at drunken parties. The paperwork should have been a straight forward application for visitation based on it being in the best interests of the child to maintain a relationship with her mother's relatives. The affidavits seemed aimed at painting Jason as an unfit parent. Regardless of what actually happened during those closed door legal discussions, Jason made a decision to have his daughter raised by her mother's sister. It is also possible that Jason actually thought this may be best for his daughter. It seems to me that Jason's comments regarding his sister in law were always positive.

Regarding legal costs ... lawyers are about $500/hr. After 10 hours, $5000 is gone. I have never heard of a contested child custody dispute being solved for $5000, but maybe that's how it works in NC.

Missed the sworn testimony?
The Fishers said they only asked for visitaion.
Jay shocked them with primary custody.

BTW, domestic lawyers at $500/hr is, well :floorlaugh:

You know how much Klinkosum is making? $85/hr.

 

[Lynx]

I would like to know if any testimony from the first trial can be re-entered in the second trial. For example, can Jason's testimony be entered? If the gas attendant were to change her testimony, can her testimony from the first trial be entered into evidence?

The way that I understand and could be totally wrong is:

If a witness who testified in the first trial testifies to something completely different in the second trial testimony from first trial can be read into evidence and the witness can be impeached. Where upon may raise issues to the witnesses credibility. JMO

 

[Just the Fax]

Apparently investigators stopped at gas stations along the supposed route and asked if anyone recognized Jason. One woman with some questionable background claimed she recognized him. When asked to describe him, she said that he was the same height as she. She is 5' tall. Many people watching the trial feed assumed that she must have been standing on something to make that statement, but she was standing on the same floor that Jason was standing on. She should have been able to state that he was head and shoulders taller. What she recalled was that she had an altercation with someone and that he then tipped her $5. It couldn't have been Jason if that person was 5' tall ... simply impossible.

For police to try to slide that one by the jury is like them trying to slide the 3 allele DNA match by the jury. They're presenting information, but it isn't evidence of guilt.

Otto....the facts are.

4 years earlier, Gracie told Spivey she positively recognized JY and his white SUV. At that time, she told him he was tall, had blondish hair and wore bluejeans.

She pointed him out in court 4 years later