Verdict Watch

[happy2binNC]

Question for the experts: I don't think this will happen, but hypothetically if the jury comes back with a guilty verdict, would JLY's team be able to use this as part of an appeal, that perhaps the 6 NG jurors were coerced?

 

[WolfpackWoman]

I'm really glad I didn't know this over the weekend.

 

[NCEast]

Thought this case would be a slam dunk. Agree Judge should go ahead and declare mistrial. WRAL reported that one of the defense attorney's winked at Pat Young - wonder if he feels confident the tide will turn in JY's favor?

If it's true about the wink, I am even more sick to my stomach.

 

[gritguy]

Given his historic past of violence against a previous woman, on a bed, his internet searches, anatomy of a knock out and head trauma, his ring collecting habits, missing shoes and clothes, hotel cameras being unplugged, moved, doors propped open on the night JY stays at a hotel, buying gas at 0527, his DNA on a rock when he said under oath he used a twig from a shrub he couldn't reach, all these coincidences, I find it hard to believe there are actually six people who can't seem to add.

Agree.

And the crime scene suggesting the target was to kill MY and nothing else (other than minor burglary in the bedroom). As JY said, he couldn't think of anyone with a motive to kill his wife. I agree with that, excluding himself, who very plainly stated his motive to anyone who would listen.

 

[WolfpackWoman]

Question for the experts: I don't think this will happen, but hypothetically if the jury comes back with a guilty verdict, would JLY's team be able to use this as part of an appeal, that perhaps the 6 NG jurors were coerced?

Unless there's actual proof of coercion, then there's little you can do to throw out a jury verdict. The appeal will be based on errors by the judge, not by the jurors.

There was that case out in eastern NC earlier this year, where the juror claimed race based coercion, and ultimately, without proof, nothing can be done to change the verdict, once rendered. If there were actual, testifiable proof of coercion, it would be a mistrial, but would not go towards the appeal. If I'm making any sense!

 

[NCB]

I didn't read that anywhere NCB..what happened with the foreperson?

It was part of the question/explanation of the 6-6 split posed by the jury this morning. JS read it into the record. The foreperson looked up his duties over the weekend.

I actually wondered if any of the attorneys considered that "researching" but I guess it wasn't an issue. I've never heard of such a thing.

 

[cityslick]

I had read the story when he took the stand and most journalists were even questioning the cross examination.

What was the opinion here? Do you think him taking the stand made this not as sure (to the jurors) as before?

 

[happy2binNC]

Unless there's actual proof of coercion, then there's little you can do to throw out a jury verdict. The appeal will be based on errors by the judge, not by the jurors.

There was that case out in eastern NC earlier this year, where the juror claimed race based coercion, and ultimately, without proof, nothing can be done to change the verdict, once rendered. If there were actual, testifiable proof of coercion, it would be a mistrial, but would not go towards the appeal. If I'm making any sense!

Yes, that makes perfect sense. Thanks for the explanation!

 

[Wyn]

If I were the prosecution I'd start looking into jury tampering. Six is a LOT to have "reasonable" doubt in this case. I can't believe that many aren't bright enough to figure it out even if the prosecution didn't do their best. Good news, if they do have to retry him, the prosecution will know Jason's "story" and be ready the next time, I HOPE. Jason's twig story is ridiculous unless he has ten foot arms and RPD's photos (which are BETTER than the one being used in the trial) show that he couldn't have reached the bush.

 

[cody100]

I think his taking the stand helped him. Some have called it a brilliant move by DT. Most of us saw through him but I could see how many wouldn't. Secondly, that was a weak prosecution cross by BH. Then the state couldn't prove a few things. And his DT did a great job with their closing. I am still shocked though.

 

[iucpa]

I thought I heard the word "six" when JY's attorney whispered to his mom and almost posted that. That was 10 minutes before it was announced.

Side note: the two women I saw on the street Friday with juror tags ARE jurors for this case.

 

[johnfear]

I had read the story when he took the stand and most journalists were even questioning the cross examination.

What was the opinion here? Do you think him taking the stand made this not as sure (to the jurors) as before?

I think the weak cross combined with the idea that he DID take the stand may have cemented it.

I know a lot of folks put stock in the talk/don't talk thing. I actually thought it was a mistake not to put the last one on the stand because he had done all these video depos, etc. and had basically testified once.

This one though, I was sure he had done it. Nothing I have seen has swayed me. If they popped and showed me some DNA from a similar crime that matched or something, I'd buy it.

I have been trying to rationalize what the hold might be. But I got nothing. That's six folks. That's a big something I am missing.

 

[gritguy]

IMO, when he took the stand, that should have closed the case. He sounded, to me, like a self-serving fraud. I don't think the ADA did a great cross - she did hit some very good points though.

I didn't think she did wrong by ignoring the night of the murder for the most part, but I think she could have hammered him more on his past violent and selfish acts and constant stream of lies to everyone.

Nevertheless, it's probably down to hey they didn't find blood in the car, he kept the shirt, his friends convinced him to refrain from police contact, and those weren't his cigarette butts.

Here is a guy who never ever wondered how the investigation was going or who tried in any way to see it move forward even not toward himself. He wanted his wife and her murder forgotten. To me, it is obvious why.

 

[iucpa]

JS calling attorneys back into his chambers.

 

[cody100]

Yes, in a second trial, the State will know his story and most likely be on top of their game should he take the stand again.

 

[Boodles]

I think since Jason had never ever spoken, that Holt did not anticipate that Jason would possibly testify. I feel it caught the defense totally off guard when he did testify and she wasn't prepared. Too bad she didn't do a more thorough job IMO

 

[NCEast]

I had read the story when he took the stand and most journalists were even questioning the cross examination.

What was the opinion here? Do you think him taking the stand made this not as sure (to the jurors) as before?

He was slick on the stand, well prepared, and didn't get rattled as easily as I wanted. However, BH did the cross and I felt extremely disappointed when she was finished. There was no passion in her voice, many aspects of evidence were omitted, just a very lacking cross. She had him in a place that most prosecutors never get to and she was ineffective. Just MOO only.

 

[NCB]

I thought that for sure leaned to guilt.

It just gave me a bad feeling when I heard it--can't explain why. I always thought the one at the HI looked lighter in color, but it may be a sticking point if some jurors believe the shirt is still around.

 

[happy2binNC]

I think it's that gas evidence the defense team presented in closing. They introduced doubt about how many miles he had driven.

Another question: assuming we have a hung jury and a retrial, are JLY's statements on the stand in this trial admissible as evidence? Or do they have to essentially treat it as if that trial did not happen?

 

[NCEast]

Yes, in a second trial, the State will know his story and most likely be on top of their game should he take the stand again.

I'm sorry if I continually sound harsh with the Wake County prosecutors. I honestly don't mean to....I just expect more from them. First HC, now BH.
If JY is re-tried, I hope they get new prosecutors, at least one to replace BH. Somebody with fire in their veins and passion in their voice.