Jason Young to get new trial #3

[otto]

Exactly, and how in the world was JY supposed to continue CY's visits with MY's family when clearly they thought he killed MY and were telling police that. The motives in the search warrant had to come from family or close friends.

I seem to recall that the child was in the care of a psychologist. That professional would have recommended that the child not be exposed to negativity, or reminders about the murder. If a child in a custody dispute was at daycare, and suddenly the party that did not have custody arrived with all sorts of gifts for only that child, that would be very inappropriate for both the child and the other children.

 

[citygirl]

My impression at the time was the people were shocked that Jason walked away from custody in order to avoid being forced to testify about the murder. Did Spivey testify at the custody hearing?

Don't remember.

 

[otto]

Did he not continue the visitation that he was allowed?

He did. Jason and Meredith met halfway between their respective houses to switch care giving.

 

[minor4th]

The Youngs left the door that led from the garage into the kitchen unlocked. MF testified to this. In fact, when she came over that day to the home, she did not even have the keys to Michelle's and Jason's home, because she knew she could enter the home through the garage. MF had her car keys with her, but not keys to MY's house.

Thanks.

What about the garage door? How did she get in the garage - was there a code or did she say it was open when she arrived or what?

Sorry for the elementary questions.

 

[JusticeFever]

Thanks.

What about the garage door? How did she get in the garage - was there a code or did she say it was open when she arrived or what?

Sorry for the elementary questions.

The garage door opener was broke, so, I guess the garage door could be opened manually.
I would have to go back and listen to MF's testimony, but I remember she said she left MY's keys home in her kitchen. Not sure why she did not have them on her key ring, unless like I said, she knew there was easy acess to the home, even if the front door was locked.
And, I can't speak for anyone else, but I don't mind answering any questions, because you are polite about it.

 

[minor4th]

The garage door opener was broke, so, I guess the garage door could be opened manually.
I would have to go back and listen to MF's testimony, but I remember she said she left MY's keys home in her kitchen. Not sure why she did not have them on her key ring, unless like I said, she knew there was easy acess to the home, even if the front door was locked.
And, I can't speak for anyone else, but I don't mind answering any questions, because you are polite about it.

Als

Well I appreciate your answers. And I certainly enjoy and appreciate polite discussion - irrespective of one's point of view.

 

[JusticeFever]

Did he not continue the visitation that he was allowed?

Yes, absolutely. In fact, the custody agreement is online and still can be pulled up.
File No,8 CVD 22018, dated 2/6/09- 8 pages .Assigned Judge Sasser
Child Custody Consent Order

 

[minor4th]

Yes, absolutely. In fact, the custody agreement is online and still can be pulled up.

Ok I think I misunderstood your earlier post when you said "how could he continue visitations ..."

Thought you were saying he quit visiting, but I guess you were talking about him severing contact between Cassidy and Michelles side of the family.

 

[JusticeFever]

Ok I think I misunderstood your earlier post when you said "how could he continue visitations ..."

Thought you were saying he quit visiting, but I guess you were talking about him severing contact between Cassidy and Michelles side of the family.

Oh, ok!! What happened is and I am just guessing, things got very bad between the Youngs and the Fishers, as to be expected and CY was caught in the middle. I know JY took CY to see Michelle's Dad in NY or NJ, so he did not try and keep her away from him, but things with JY and LF were never that great to begin with.
There were some visits, but if you listen to testimony, they were supervised. Then I guess all visits stopped, so thats when LF and MF filed for visitation rights with some stipulations that JY would undergo a psych exam, etc. I would have to look it up if they wanted anything more. JY and his lawyer then countered with shared custody and everyone agreed. CY would reside in Raleigh with MF and JY would pick her up on weekends, etc, and they shared holidays and summer vacations. The whole thing reads more like a divorce agreement.

 

[JusticeFever]

My impression at the time was the people were shocked that Jason walked away from custody in order to avoid being forced to testify about the murder. Did Spivey testify at the custody hearing?

I don't think Det. Spivey testified at the custody hearing, because the agreement was reached amicably.

But, he did testify at the civil suit.

 

[JusticeFever]

Yes, of course. The police are going to use any strategy they can to get information - and they're going to use it against him.

Being under indictment for murder, Jason had little choice but to give MF what she wanted. No attorney would advise JY to give a deposition in a civil suit while criminal charges were pending. If he's innocent, doing so could have possibly been worse for Cassidy in his mind. He might have thought giving a deposition would increase the chances of him being wrongly convicted (if he's innocent.). If innocent, his best strategy would be allow Cassidy to be well cared forby relatives and get as much visitation as possible, the get acquitted of the charges and reunify with Cassidy on the other side of the criminal trial.

If he's guilty, it's obvious why he wouldn't speak to police or submit to a deposition.

Bottom line - the fact that he didn't challenge the custody suit does not really say anything about his love for Cassidy or his guilt or innocence IMO.

This is where you are a little confused. JY was not under indictment when the child custody agreement was reached. I am not sure if you are aware of the fact, that it took 3 years to arrest JY.
They had Gracie's ID,the same suspicions and motives from Day 1, and they found out about Michelle Money early in their investigation , and yet it all took 3 years to make an arrest.
Then after all that, the first trial ends in a hung jury, the second trial a conviction, and now with JY winning his appeal, we are waiting for news on trial three.

 

[otto]

This is where you are a little confused. JY was not under indictment when the child custody agreement was reached. I am not sure if you are aware of the fact, that it took 3 years to arrest JY.
They had Gracie's ID,the same suspicions and motives from Day 1, and they found out about Michelle Money early in their investigation , and yet it all took 3 years to make an arrest.
Then after all that, the first trial ends in a hung jury, the second trial a conviction, and now with JY winning his appeal, we are waiting for news on trial three.

And ... we're closing in on eight years since the murder occurred.

 

[minor4th]

This is where you are a little confused. JY was not under indictment when the child custody agreement was reached. I am not sure if you are aware of the fact, that it took 3 years to arrest JY.
They had Gracie's ID,the same suspicions and motives from Day 1, and they found out about Michelle Money early in their investigation , and yet it all took 3 years to make an arrest.
Then after all that, the first trial ends in a hung jury, the second trial a conviction, and now with JY winning his appeal, we are waiting for news on trial three.

Ok, you're right - he wasn't under indictment yet but he was a person of interest and had lawyered up.

Same analysis goes though - whether he's innocent or guilty, his lawyer is going to instruct him not to participate in a civil suit (including a custody suit) where he can be served discovery or be subpoenaed for a deposition.

Knowing the police were looking at him as a suspect, he's between a rock and a hard place on the custody issue and civil suit. His actions in those regards do not indicate guilt IMO. (Nor do they indicate innocence).

 

[minor4th]

Yes, absolutely. In fact, the custody agreement is online and still can be pulled up.
File No,8 CVD 22018, dated 2/6/09- 8 pages .Assigned Judge Sasser
Child Custody Consent Order

I read it. It's pretty much a standard possession order for joint custody.


I also read the original petition, and MY and LF were in fact seeking exclusive custody of Cassidy and not just visitation.

 

[MyBelle]

Yes, of course. The police are going to use any strategy they can to get information - and they're going to use it against him.

Being under indictment for murder, Jason had little choice but to give MF what she wanted. No attorney would advise JY to give a deposition in a civil suit while criminal charges were pending. If he's innocent, doing so could have possibly been worse for Cassidy in his mind. He might have thought giving a deposition would increase the chances of him being wrongly convicted (if he's innocent.). If innocent, his best strategy would be allow Cassidy to be well cared forby relatives and get as much visitation as possible, the get acquitted of the charges and reunify with Cassidy on the other side of the criminal trial.

If he's guilty, it's obvious why he wouldn't speak to police or submit to a deposition.

Bottom line - the fact that he didn't challenge the custody suit does not really say anything about his love for Cassidy or his guilt or innocence IMO.

BBM. With all due respect, Jason was NOT under indictment at the time of the child custody suit. He had been living with his child for nearly three years since the death of her mother. His attorney correctly recognized that the purpose of the lawsuit was to force Jason into giving a deposition and refused to do so.

I don't believe it is ever in any child's best interest to have family members publicly trash her biological parent. Especially when no criminal charges have been filed. The "piling on" by a WCSO deputy was totally inappropriate, imo.

JMO

Michelle Young's mother, Linda Fisher, of Sayville, N.Y., filed for custody in December, saying her son-in-law has not provided a stable living environment for his now-4-year-old daughter since his wife's death and that he relies primarily on family members to care for her.


Read more at http://www.wral.com/news/local/story/4487661/#U0X0Ekm53tLPrOp8.99

 

[MyBelle]

Ok, you're right - he wasn't under indictment yet but he was a person of interest and had lawyered up.

Same analysis goes though - whether he's innocent or guilty, his lawyer is going to instruct him not to participate in a civil suit (including a custody suit) where he can be served discovery or be subpoenaed for a deposition.

Knowing the police were looking at him as a suspect, he's between a rock and a hard place on the custody issue and civil suit. His actions in those regards do not indicate guilt IMO. (Nor do they indicate innocence).

He had not been named a person of interest. He knew he was a person of interest on the night of Michelle's death. It is a sad day when defendants are judged by the fact they took their lawyer's advice. I agree, taking such advice is not an indication of guilt or innocence yet the jury was allowed to use it against him.

JMO

 

[MyBelle]

My impression at the time was the people were shocked that Jason walked away from custody in order to avoid being forced to testify about the murder. Did Spivey testify at the custody hearing?

Authorities have not made an arrest in the case, but Detective Richard Spivey, the lead investigator on the case, recently stated in an affidavit that he believes Jason Young killed his wife.

Read more at http://www.wral.com/news/local/story/4487661/#U0X0Ekm53tLPrOp8.99

 

[otto]

I read it. It's pretty much a standard possession order for joint custody.


I also read the original petition, and MY and LF were in fact seeking exclusive custody of Cassidy and not just visitation.

Then you know that there was nothing nice about it. It was a character assassination.

 

[minor4th]

He had not been named a person of interest. He knew he was a person of interest on the night of Michelle's death. It is a sad day when defendants are judged by the fact they took their lawyer's advice. I agree, taking such advice is not an indication of guilt or innocence yet the jury was allowed to use it against him.



JMO

ETA: I have scrubbed my prior response to you since I have now read the complete opinion from re court of appeals.

Yes the prosecution can and will use Jason's three year silence against him because he has no 5th amendment right to silence when it comes to talking to fAmily and friends, and even saying nothing to police for 3 years can be used against him to impeach his earlier trial testimony.

 

[minor4th]

Then you know that there was nothing nice about it. It was a character assassination.

It was a pretty typical custody petition. Custody fights are all about revealing the worst about the opposing party.

It's just a petition with allegations. I don't find anything at all unusual about it. Of course it's not going to be "nice" when their position Is that Jason is an unfit parent