Jason Young to get new trial #2

[oenophile]

He wasn't convicted based on circumstantial evidence, which points away from him such as foreign DNA and prints. JY was convicted on direct evidence in the form of witness testimony, including two significant prejudicial civil lawsuits. The Judge called him a slayer! I think next time around his defense has no choice but to question aggressively. It's not a matter of scapegoating, it is a matter of his own life.

JMO

My bolding. I agree that the defense certainly can take this tactic. But theoretically, this forum shouldn't be about representing the defense of JY nor prosecuting JY, but rather seeking justice by "sleuthing" for the killer or killers. Defense attorneys have the responsibility to zealously represent their clients. The prosecution should theoretically seek justice, but more often they are concerned with closing cases and conviction rates. As an independent observer, I am more interested in learning who actually killed MY, without leaving collateral damage along the way in the form of ruined lives and false accusations.

 

[MyBelle]

My bolding. I agree that the defense certainly can take this tactic. But theoretically, this forum shouldn't be about representing the defense of JY nor prosecuting JY, but rather seeking justice by "sleuthing" for the killer or killers. Defense attorneys have the responsibility to zealously represent their clients. The prosecution should theoretically seek justice, but more often they are concerned with closing cases and conviction rates. As an independent observer, I am more interested in learning who actually killed MY, without leaving collateral damage along the way in the form of ruined lives and false accusations.

I think most--if not all of us--are independent observers as well. This forum didn't order the new trial. We're just here discussing it. False accusations may have landed an innocent man or two or three in prison and there will always be a discussion about it. Considering JY and BC are both sitting in prison and their young children without either parent, I think it's a safe bet their lives have been terribly impacted. The children especially.

 

[oenophile]

I think most--if not all of us--are independent observers as well. This forum didn't order the new trial. We're just here discussing it. False accusations may have landed an innocent man or two or three in prison and there will always be a discussion about it. Considering JY and BC are both sitting in prison and their young children without either parent, I think it's a safe bet their lives have been terribly impacted. The children especially.

I agree 100%.

My complaint is that I don't believe people should be going after MF without some hard evidence, simply to provide an alternate suspect to JY.

 

[Grammy Jean]

Nobody can be forced to speak with LE.

Oh come on think about it. What you say is true but, suppose he was the one to discover the body and he calls 911 and the police arrive and start asking questions and he says he is not going to answer anything till he talks to a lawyer..... really????

 

[oenophile]

Oh come on think about it. What you say is true but, suppose he was the one to discover the body and he calls 911 and the police arrive and start asking questions and he says he is not going to answer anything till he talks to a lawyer..... really????

They would need to read him his Miranda rights before questioning him. At that point, anyone should lawyer-up.

Just to recap the evidence, someone called JY and told him that police were asking questions that indicated he was considered a suspect. At that point, it was clear that he shouldn't talk to police.

 

[MyBelle]

Oh come on think about it. What you say is true but, suppose he was the one to discover the body and he calls 911 and the police arrive and start asking questions and he says he is not going to answer anything till he talks to a lawyer..... really????

Nothing to suppose. He didn't discover the body and his attorney advised him not to speak. It is what it is.

 

[SheltieMom1]

They would need to read him his Miranda rights before questioning him. At that point, anyone should lawyer-up.

Just to recap the evidence, someone called JY and told him that police were asking questions that indicated he was considered a suspect. At that point, it was clear that he shouldn't talk to police.

Miranda warnings need only be read to an individual for custodial interrogation. If he was free to leave the premises, no Miranda warnings would have been communicated. While anyone is free to decline to be questioned, whether they've been apprised of their rights or not, it will certainly raise eyebrows, and understandably so, when it is your wife who has been discovered dead, and you refuse to communicate with LE about the situation. :twocents:

 

[otto]

Oh come on think about it. What you say is true but, suppose he was the one to discover the body and he calls 911 and the police arrive and start asking questions and he says he is not going to answer anything till he talks to a lawyer..... really????

That didn't happen. We all know that Jason's friend phoned him to tell him that police suspected him of the murder even though he was away on business. That is a good reason to remain silent.

 

[Cherry]

I just think it is unfair to continuously blame Meredith Fisher when she is a victim and has never been named a POI or a suspect.

I agree but last conviction he and his def team did just that and worse they straight out accused her during the trial.

 

[Cherry]

They would need to read him his Miranda rights before questioning him. At that point, anyone should lawyer-up.

Just to recap the evidence, someone called JY and told him that police were asking questions that indicated he was considered a suspect. At that point, it was clear that he shouldn't talk to police.

I want the so called atty who advised him to take stand this time.

 

[oenophile]

I want the so called atty who advised him to take stand this time.

why would you want that?

 

[sunshine05]

I guess I'm baffled how MF would know about that side trip if JY didn't tell her. I can't figure out why she would call his mom rather than him directly.

Ditto to your OT sentiment!

She did know that he was going to Brevard. I believe he mentioned it on the 12:14 call or he may have told her the evening before.

She called Linda and Colleen then Linda called Pat and then Pat called the house and spoke to Meredith. But in those first early calls, the first person MF should have called was Jason and I just find it odd that she didn't.

 

[otto]

She did know that he was going to Brevard. I believe he mentioned it on the 12:14 call or he may have told her the evening before.

She called Linda and Colleen then Linda called Pat and then Pat called the house and spoke to Meredith. But in those first early calls, the first person MF should have called was Jason and I just find it odd that she didn't.

The explanation that we've heard is that the family did not want Jason to have trouble driving after learning that his wife was deceased, so they waited for him to arrive at his destination before telling him. That could have been a joint decision between Meredith and Jason's family ... but we don't know.

 

[citygirl]

She did know that he was going to Brevard. I believe he mentioned it on the 12:14 call or he may have told her the evening before.

She called Linda and Colleen then Linda called Pat and then Pat called the house and spoke to Meredith. But in those first early calls, the first person MF should have called was Jason and I just find it odd that she didn't.

Has it ever been clarified when he told her? I don't think so. I'm pretty sure it was not the night before. Didn't his mother testify that she found out that morning he was coming home? His step-father told her? She was away feeding her mother at the nursing home? I could be confused because there seems to have been numerous calls that morning between JY and his mother. LF called JY several times but he let it go to voice mail. He didn't want to speak with her. In fact, I think he was talking with his paramour? It was documented that he quickly checked his voice mail.

 

[citygirl]

The explanation that we've heard is that the family did not want Jason to have trouble driving after learning that his wife was deceased, so they waited for him to arrive at his destination before telling him. That could have been a joint decision between Meredith and Jason's family ... but we don't know.

Yes. That's when he fell plumb to his knees.

 

[otto]

Yes. That's when he fell plumb to his knees.

That's what Jason's stepfather said. Should we believe him? He also said that he told Jason to get a lawyer prior to speaking with police.

 

[citygirl]

That's what Jason's stepfather said. Should we believe him? He also said that he told Jason to get a lawyer prior to speaking with police.

That's entirely up to you. Do you have reason to disbelieve him?

 

[MyBelle]

Miranda warnings need only be read to an individual for custodial interrogation. If he was free to leave the premises, no Miranda warnings would have been communicated. While anyone is free to decline to be questioned, whether they've been apprised of their rights or not, it will certainly raise eyebrows, and understandably so, when it is your wife who has been discovered dead, and you refuse to communicate with LE about the situation. :twocents:

Which is why it is important to immediately convey to police that your attorney has advised you not to speak without the attorney being present. I think the Young family conveyed this to police very quickly after police refused to allow them to remove their personal belongings from Jason's vehicle even though a search warrant had not yet been obtained.

JMO

 

[sunshine05]

Has it ever been clarified when he told her? I don't think so. I'm pretty sure it was not the night before. Didn't his mother testify that she found out that morning he was coming home? His step-father told her? She was away feeding her mother at the nursing home? I could be confused because there seems to have been numerous calls that morning between JY and his mother. LF called JY several times but he let it go to voice mail. He didn't want to speak with her. In fact, I think he was talking with his paramour? It was documented that he quickly checked his voice mail.

I am pretty sure it was stated on the 12:14 message that he left for MF but does it matter? Why is this important?

 

[MyBelle]

I am pretty sure it was stated on the 12:14 message that he left for MF but does it matter? Why is this important?

It matters to me because of the early morning activity observed at the house by the eyewitnesses. It appears that the killer(s) knew Jason was out of town on business but wasn't sure when JY would return so they risked being seen by turning on all the lights and loading up the vehicle.

If he is innocent, his decision to go to Brevard also threw in a monkey wrench in regard to CY. Who was supposed to find her alone with the body if it wasn't going to be Jason? Did they know Mr. Fisher was supposed to come visit and expected he find the scene? It just seems to point toward the killer being familiar with the family's plan rather than a random stranger.

JMO