Upcoming Trial - 2012

[MyBelle]

Thank you! What interests me more is whether Jason's testimony could be entered.

No. Jason's testimony from the first trial can not be used in the second trial unless he again testifies and it is inconsistent with his testimony in the first trial.

JMO

 

[MyBelle]

It seems to me that when discussing the validity of a witness in a trial, it's important to recognize all factors that may compromise the integrity of the testimony. In the case of the gas attendant, there are relevant factors that were raised in court during trial. They are still relevant today.

ITA. I do wonder if she'll testify again. I didn't find her credible.

JMO

 

[MyBelle]

At about 12 minutes into the video, the gas attendant demonstrates that she was face to face, close enough to touch him, when she was talking to the customer that swore at her.

http://www.wral.com/specialreports/michelleyoung/video/9714910/#/vid9714910

She also states that there were video cameras at the gas station, but they weren`t hooked up. Jason couldn`t have known that.

At one point she testified she also did not know the cameras were not working.

JMO

 

[otto]

ITA. I do wonder if she'll testify again. I didn't find her credible.

JMO

I just listened to her testimony again and I don`t see how the prosecution can have her say something different than what she already said. My understanding is that she saw a 5`3 something guy with a little bit of hair that wasn`t wearing a coat. Other than that, she seems unsure about how to describe the customer she saw that morning.

 

[otto]

At one point she testified she also did not know the cameras were not working.

JMO

I find that detail interesting. Ì had thought that Jason lucked upon a gas station without video surveillance, but there were cameras there ... just not working cameras. If Jason was sneaking from the hotel, home and back to the hotel, how did he expect to not be identified at a gas station with video surveillance.

 

[MyBelle]

I just listened to her testimony again and I don`t see how the prosecution can have her say something different than what she already said. My understanding is that she saw a 5`3 something guy with a little bit of hair that wasn`t wearing a coat. Other than that, she seems unsure about how to describe the customer she saw that morning.

If she even tries to change her testimony from what she previously stated, the defense can use it to impeach her. To avoid this, usually a witness will have their memory refreshed and then will say the previous testimony is their best recollection.

Gracie's many interviews with the cops are useless at this point because she wasn't under oath. Her many differing comments don't help the prosecution.

JMO

 

[MyBelle]

I find that detail interesting. Ì had thought that Jason lucked upon a gas station without video surveillance, but there were cameras there ... just not working cameras. If Jason was sneaking from the hotel, home and back to the hotel, how did he expect to not be identified at a gas station with video surveillance.

Exactly. He didn't avoid the cameras in the hotel, either. There is no way Jason or anybody could know if cameras, door looks or other things they could not control were in working order or not.

JMO

 

[otto]

Exactly. He didn't avoid the cameras in the hotel, either. There is no way Jason or anybody could know if cameras, door looks or other things they could not control were in working order or not.

JMO

It quite something that police allege that Jason was at a gas station where cameras were not working, that they allege he entered a hotel door that was normally locked but on that particular day that lock was broken so ... the door was left unlocked all night, or it wasn`t ... investigators would prefer people to believe that it was locked all night but someone unlocked it at 6 AM. It sure helps the police with their theory when they have broken locks and broken cameras to make their theory fit. If the cameras were working and the lock wasn`t broken, I wonder how the prosecution`s theory would change. It starting to sound like the 3 allele DNA match.

 

[Elisaa444]

Thank you, Borndem. I appreciate that.

This case seems so staight forward to me. I cannot see JY as anything but guilty.

It is true that not all adulterers commit murder; however, most men who murder their wives have also committed adultery.

It has been said that the security camera didn't show JY unplugging it or shoving it up; however, the security camera didn't show anyone unplugging it or shoving it up. That leaves the question, who was staying in the HI on Nov. 2, 2006 who needed the security camera unplugged at 11:20 pm and shoved up towards the ceiling at 6:35am the next morning?

Why was JY's shirt that he was seen wearing on the security camera at the front desk at midnight not in his luggage or in his vehicle the next evening? Clothing does not just disappear without a reason, and I cannot think of a logical reason for the shirt to be missing other than he threw it away.

How did a pair of Hush Puppy shoes with a unique sole just happen to be found in blood at the crime scene? A pair of HP with a unique sole that JY just happened to have owned.

Why would a man staying at the HI on the 4th floor leave his valuables unsecured twice to go downstairs because he worried about disturbing his neighbors by shutting his room door?

Why would a man go downstairs twice and prop open an exit door because that was more convenient than carrying his keycard with him?

Why was there no forced entry into the home?

Why was a pregnant woman beaten 30 times to her and her unborn son's death, yet her 2 1/2 year old daughter was cleaned up, cared for, and left alive?

Why was Michelle's purse that was sitting out in the open not stolen, but a wallet with $500 in it that was hidden in JY's closet was stolen?

Why was JY's closet gone through, but Michelle's was left untouched?

Why was the house not ransacked?

Why didn't the dog that stayed in the house go after the "stranger" who murdered Michelle?

Why does the timeline of JY stopping at Four Brothers in King fit perfectly?

Why did no cameras record JY going towards the breakfast area on Friday morning?

Why was the last person JY talked to before the murder and the first person he talked to after the murder MM?

Why did JY print off the MapQuest directions and the Coach purse from Ebay at around the same time and remembered to get one but forgot the other?

Why was JY so persistent about getting MF over to his house to pick up the Coach purse printout? He called twice and left messages, and he had his mom call once and leave a message.

Why didn't JY answer his MIL's 4 phone calls within the space of an hour when cell phone records show that he retrieved the two messages she left him? Why didn't he return those calls?

When JY arrived at his mother's home and his stepfather gave him the news about Michelle's death, why did JY fall "plumb to his knees?" No surprise, no denial, no insisting that they must have gotten the news wrong. Just immediate acceptance.

Why didn't JY help LE at all even with his lawyer present?

Why didn't JY take a polygraph exam to clear himself with LE? MF did.

Why didn't JY show up for the WDS?

Why didn't JY keep custody of his daughter and allow MF and LF visitation?

Why didn't JY ever offer an award leading to the arrest of conviction of Michelle's killer(s)? Her place of employment did 9 months later; I guess they figured JY wasn't ever going to.

This is an open and shut case for me. JY has done everything in his power to make himself look guilty.

Thank you for this post! Ill consider changing my mind on jy's guilt when these questions are answered. MOO

 

[Just the Fax]

JY was only willing to answer questions AFTER he knew what the prosecution had against him.
He was only willing to answer questions AFTER he was able to tailor his answers to the evidence.
That in no way makes JY a hero for stepping up to the plate and opening himself up to scrutiny.

If he had talked to LE after repeated requests during the hours, days, weeks, or months after his wife's murder, I might feel differently.
If he had done this during the WDS, I might feel differently.
If he had done this instead of voluntarily giving up his daughter, I might feel differently.
But he didn't, so I don't.

I did like this from Holt in closing:

For “1,693 days,” she said, “he didn’t tell anybody he was at the hotel sleeping. He didn’t tell his family. He didn’t tell his friends. But now he expects you to believe that.”

On the 1,694th day, he took the stand and insisted he is innocent.

It is up to the jury now to decide if he is telling the truth."

 

[Just the Fax]

BBM

You are very correct Otto. Most lawyers in these situations ask for a retainer up front usually in the hundreds of thousand dollars.

One case that currently comes to mind is the Horman case.

A $40,000 dollar 401k would not even cover the Examination for Discovery and disbursements

Hundreds of thousands retainer for a simple child custody case?
:laughcry:

 

[Just the Fax]

I`m just listening to the gas attendant`s testimony again: http://www.wral.com/specialreports/michelleyoung/video/9714910/#/vid9714910

She said that the white vehicle was there at about 5 ... 5:30. It`s been mentioned a few times that it`s an hour drive from the gas station to the hotel. If the white vehicle was there at 5 AM, and the camera was tilted at 6:35, that no longer works with the timeline.

Watch some more, otto, before you jump to this conclusion.
LE verified his cash purchase with register records...5:27AM

 

[Just the Fax]

Just the Facts discusses the aspects of this witness that you object to here:

http://www.websleuths.com/forums/archive/index.php/t-139667.html

What is the point of this link?
I was commenting on the testimony live and did not disparage the witness, as you did earlier.
BH had the opportunity to redirect her to the more credible ID 4 years earlier. Unfortunately she was asleep at the wheel and allowed Gracie to crash and burn. Betcha that does not happen next time.

 

[gracielee]

Hundreds of thousands retainer for a simple child custody case?
:laughcry:

I know, I about split a gut last night. :floorlaugh:

 

[gracielee]

What is the point of this link?
I was commenting on the testimony live and did not disparage the witness, as you did earlier.
BH had the opportunity to redirect her to the more credible ID 4 years earlier. Unfortunately she was asleep at the wheel and allowed Gracie to crash and burn. Betcha that does not happen next time.

Yeah, I didn't see anything of value there either. But for some reason I began humming 'one eyed one horned flying purple people eater'......:great:

 

[Bottle Cap]

A quick google search has child custody retainers at between $2,000 and $5,000. There are all sorts of family advocacy groups out there that can assist with costs and/or finding less expensive representation...after all, non-wealthy people have to deal with these issues all the time...it's certainly not a hardship specific to JY. If one were desperate to keep and raise their only child, one might certainly pursue those options.

 

[gracielee]

A quick google search has child custody retainers at between $2,000 and $5,000. There are all sorts of family advocacy groups out there that can assist with costs and/or finding less expensive representation...after all, non-wealthy people have to deal with these issues all the time...it's certainly not a hardship specific to JY. If one were desperate to keep and raise their only child, one might certainly pursue those options.

And as JTF stated, all that was originally wanted was visitation for the Fisher family. :crazy:

 

[Madeleine74]

Hi BottleCap! So nice to see you again (or read you, as it were). Always appreciate your commonsense approach.

JY didn't even have to fight for custody. The Fishers only requested regular visitation. It doesn't get cheaper than that. But he handed little CY over altogether. It's gotta make you wonder why.

 

[MyBelle]

Hi BottleCap! So nice to see you again (or read you, as it were). Always appreciate your commonsense approach.

JY didn't even have to fight for custody. The Fishers only requested regular visitation. It doesn't get cheaper than that. But he handed little CY over altogether. It's gotta make you wonder why.

WRONG. The Fishers asked for custody and also requested the court order a psych evaluation of Jason Young.

http://www.wral.com/asset/news/loca...her_custody_complaint_against_Jason_Young.pdf

 

[Madeleine74]

WRONG. The Fishers asked for custody and also requested the court order a psych evaluation of Jason Young.

http://www.wral.com/asset/news/loca...her_custody_complaint_against_Jason_Young.pdf

Had JY allowed the Fishers to have regular and normal contact with CY it likely never would have come to that. He and his family cut them out of CY's life, not even giving her presents from them. And that was revenge for not publicly making statements to support JY.

WHO DOES THAT? What innocent spouse thinks a child no longer needs any contact with people who so clearly love and adore her? They made it allll about Jason, and not about CY's needs. Scum.

A murder case is owned by the state, not the decedent's family. While a family has a vested interest, they do not control the state, the DA, the police, or 'the people' the state represents. Doesn't matter what the Fishers think or feel...it's not their case...it belongs to NC.

Bottomline: JY's actions and his family's actions caused unnecessary hurt to CY and also to the Fisher family. There was no reason to keep CY from her maternal relatives.