Breaking News/State files Brief Today in Young Case.10/20/14

[JusticeFever]

Why didn't the state just tell the truth, that Michelle's hours and paycheck would simply be decreased by 10 hours, instead of making it sound like she was cutting her hours in half or worse and this would be a financial hardship on the family and a motive for her murder?


JMO

 

[LadyL]

where I work, it's 25 hours, crazy as that seems

Many companies consider "full time" as over 30 hours and some specify over 32 hours to be full-time, so it's variable. The point that was trying to be made, that the state's brief can't be trusted because the state was wrong to say Michelle was proposing or planning to go part time, is strange, because 30 hours absolutely can be considered to be part-time, and it's not incorrect to use that verbiage to describe it.

 

[dgfred]

Well, IMO using the correct verbiage makes it impossible to say 'Why didn't the state just tell the truth'

Since it was correct then it is not an un-truth.

 

[tarheellvr]

"Yawn" I see I haven't missed much. Still the same old stabs at the State/Prosecutors Office.........as if all kinds of discussion, accusations, etc will just wipe away his guilt. It won't however.....it really won't.

 

[JusticeFever]

It's not whether someone thinks someone is guilty or innocent, as it is about presenting events in the recent brief the state filed to be fair and factual.

The state's position on Michelle's cutting back work hours in their brief is listed as a possible motive as to why Jason might want her dead.

For 10 hours less at work = 10 hours decrease in pay=murder

The state tried very hard to make this about financial issues the Youngs were having, when it was proven in court that they weren't having any difficulties at all.

 

[MyBelle]

I finally got around to reading the brief the state filed. This reminds me so much of the Cooper case, in the way that things are documented and not always correctly.

For instance, they say that MY was cutting back to part time at work. False. She was working on a plan to keep her full time job status and benefits by working longer hours and also from home , and through emails. Her boss testified to a outline she made at the trial.

Also, in another part they are trying to say Cindy Beaver was confused about what day she saw the car at/near the Young house in the early hours of Nov. 3th. Also, false.

See, its things like this they make me distrust their case. JMO

I don't disagree with you but they've got little else they can throw out there. Thanks for the update, btw. Most large corporations do have flex-time and you are correct, it is not the same as becoming part-time. I'm betting Michelle already put in far more than 40 hours a week and that she often responded to emails, voice mails from home already. Employees with that kind of dedication are valued.

Has the extension been granted?

 

[JusticeFever]

I don't disagree with you but they've got little else they can throw out there. Thanks for the update, btw. Most large corporations do have flex-time and you are correct, it is not the same as becoming part-time. I'm betting Michelle already put in far more than 40 hours a week and that she often responded to emails, voice mails from home already. Employees with that kind of dedication are valued.

Has the extension been granted?

Yes, it is now due on around 12/23/14 , if I am reading it correctly.
I could understand if Michelle was planning on quitting her high-paying job altogether, but 10 hours isn't that big of a deal, also, if you consider CY's daycare would also be 3 days instead of 5 too. The state failed to mention that though.

 

[citygirl]

If so, betting MY put in far more than 40 hours a week? That would most likely be attributed to her sister's time as nanny, wouldn't you think? Who else would have taken care of CY? Her dedication was valuable, no doubt, but supported by her only sister. MOO.

 

[JusticeFever]

^^^CY was in daycare, not watched by any nanny since she was a baby, according to testimony.

 

[citygirl]

CY was 2.5 years old when her mother was murdered by her father. She was under the care of her mother and auntie for most of that time. MOO.
p.s. Thankfully she was in daycare at the time. The daycare workers had much to disclose about her behavior.

 

[JusticeFever]

Michelle's mother lived in another state and MF was working , so I am not sure how CY was spending much time with them.
The day care workers testified that CY picked up a female doll to re-enact a spanking and she never said it was Daddy nor did she choose the male doll that was available.

 

[JusticeFever]

Jason Young's response is due tomorrow 12/23/14, if I find it I will post it here.

Here is some other news about the court of appeals that happened today 12/22/14

http://www.wral.com/hunter-heads-back-to-court-of-appeals/14301815/

 

[JusticeFever]

JUST IN: This is Jason Young's attorney's response......http://www.ncappellatecourts.org/show-file.php?document_id=164659

 

[JusticeFever]

Just finished reading. I think we are going to Trial 3...

N.C.G.S. §1-149 provides that no civil pleading
"can be used in a criminal
prosecution against the party as proof of
a fact admitted or alleged in it." The
common law provides additional protection
to criminal defendants by generally
prohibiting the admission of civil judgments in criminal prosecutions.

 

[MyBelle]

Just finished reading. I think we are going to Trial 3...

N.C.G.S. §1-149 provides that no civil pleading
"can be used in a criminal
prosecution against the party as proof of
a fact admitted or alleged in it." The
common law provides additional protection
to criminal defendants by generally
prohibiting the admission of civil judgments in criminal prosecutions.

That is simply stunning. Thanks for sharing. I didn't follow the trial on a daily basis and I didn't realize the defense had impeached Meredith Fisher's testimony at the second trial. I also didn't realize the WCSO had given the Fishers' two civil case attorneys access to their investigative files even though Jason had not been charged. The response pretty much says the cops, prosecutors, Judge, Clerk, the Fishers and their attorneys all colluded to make sure the jury knew the details of the custody and wrongful death civil cases because there was no actual evidence. Wow, incredibly wow.

 

[JusticeFever]

That is simply stunning. Thanks for sharing. I didn't follow the trial on a daily basis and I didn't realize the defense had impeached Meredith Fisher's testimony at the second trial. I also didn't realize the WCSO had given the Fishers' two civil case attorneys access to their investigative files even though Jason had not been charged. The response pretty much says the cops, prosecutors, Judge, Clerk, the Fishers and their attorneys all colluded to make sure the jury knew the details of the custody and wrongful death civil cases because there was no actual evidence. Wow, incredibly wow.

Yes, I found this and a few other things very telling!
For instance, I never knew this:
Page 24
Although Mr. Young suggested they buy
insurance, Ms. Young complained to a
friend that she was having a hard time getting
him to complete the application.
(Vol. 27p. 5019)


The state was unable to get a conviction the first time around, so it would seem the additional information they added in the second trial was needed, such as including the civil suit and custody agreement, which has resulted with Jason's conviction being overturned.

Now, the courts will decide either to revert back to their original decison of granting JY a new trial, or they will hear oral arguments from both sides.

Or, a plea deal is offered. JMO

 

[MyBelle]

Yes, I found this and a few other things very telling!
For instance, I never knew this:
Page 24
Although Mr. Young suggested they buy
insurance, Ms. Young complained to a
friend that she was having a hard time getting
him to complete the application.
(Vol. 27p. 5019)


The state was unable to get a conviction the first time around, so it would seem the additional information they added in the second trial was needed, such as including the civil suit and custody agreement, which has resulted with Jason's conviction being overturned.

Now, the courts will decide either to revert back to their original decison of granting JY a new trial, or they will hear oral arguments from both sides.

Or, a plea deal is offered. JMO

I'm not sure a plea deal is an option at this point. The procedural errors and judicial errors are so numerous and significant. Freeman is the new DA and she's blasted in that response. Everybody is blasted.

 

[JusticeFever]

I'm not sure a plea deal is an option at this point. The procedural errors and judicial errors are so numerous and significant. Freeman is the new DA and she's blasted in that response. Everybody is blasted.

No telling, So far, NC has reconciled the Abaroa and Cooper cases with plea bargaining, so I don't know what is in store for Young. This is a very strong and compelling brief filed by Barbara Blackman, imo. Things such as the theory that JY chartered a plane meant they had little faith in their eye witness's account, as mentioned in the brief that would make her statement meaningless. I always believed this was the case. Had they been confident JY was at that gas station, there would have been an immediate arrest, not one that came 3 years later.

P67-68
an allegation that he returned to Raleigh,
King, and Hillsville was so problematical
that the State sought evidence to establish
that Mr. Young chartered a plane
somewhere and flew back to Raleigh (17T
p. 3410-12), a theory which would have
rendered the testimony of Calhoun
and Tiller meaningless.

 

[JusticeFever]

January 7th, 2015


The state answered by asking for another extension.......now due around Feb 5th, 2015.

http://www.ncappellatecourts.org/show-file.php?document_id=165085

 

[Just the Fax]

Hmmmm, very interesting. In addition to their appellate response, it seems JYL also filed a 27 page 'motion for appellate relief' , claiming he received "ineffective assistance of trial counsel". The Attorney General has asked for an extension to 2/5/15 to respond to this particular motion......Should be entertaining