Jason Young to get new trial #3

[citygirl]

I just read the court of appeals opinion and I was under the wrong impression as to the grounds for overturning the verdict.

The only grounds were the admission of the civil judgments. The appeals court ruled that mentioning Jason's long silence to friends And relatives was not error. And not even error to mention that he did not talk or cooperate with police because he later waived his 5th Amendment right to remain silent when he chose to testify at trial.

The appeals court also ruled that the hearsay evidence from re daycare workers is admissible as a hearsay exception (excited utterance)

Now that I know that, I think the State will get its conviction if the only thing they have to do differently is to stay away from the custody order and default judgment. -- unless the defense finds the "real" killer or comes up with some compelling exculpatory evidence.

Thanks for clarifying this.

 

[tarheellvr]

Jason Young did not kill Michelle Young.

IMO

JY DID slaughter Michelle......

Blunt force injury to the head.
Multiple lacerations.
Extensive abrasions and contusions.
Multiple fractures of the mandible.
Avulsion of multiple teeth.
Fracture of the left temporal bone.
Linear fracture of the base of the skull.
Subarachnoid hemorrhage of the brain.
Blunt force injury to the neck consistent with manual strangulation.
Scratches on the left side of the neck consistent with fingernail marks.
Hgmorrhage of the strap muscles of the left side of the neck.
Blunt force injury to the laft deltoid region.
Abrasion.
Multiple contusions.
Blunt force injury to the extremities.
Laceration of the left thumb.
Abrasion of the right wrist.
Multiple confluent contusions of both hands.
Intrauterine pregnancy.

BLUNT FORCE INJURY #1:
Blunt force injury #1 consist 'of a 1" crescentic abrasion of the left deltoid region. It is
surrounded by poorly defined bruising, but may represent as many as three to four
discrete blows. There is no underlying significant tissue damage.

BLUNT FORCE INJURY #2:
Blunt force lnjuiy #2 consists of a 1 1/4'1 laceration over the left mandible. There is an
underlying, complex mandibular fracture. This injury has some sharp force
characteristics, most likely inflicted by the underlying bone fracture. This area is also
surrounded by bruising.

BLUNT FORCE INJURY #3:
Blunt force injury #3 consists of a group of at least eight lacerations to the left side of the
head, as indicated on the attached diagram. The lnluries range from approximately 1" to
3 3/411. The scalp is reflected to show a branching linear fracture of the left temporal
bone. This branching fracture is illustrated on an accompanying diagram.

BLUNT FORCE INJURY #4:
Blunt force ihjury #4 consists of a set of scratches on the left side of the neck, as
indicated in the attached diagram. These scratches are consistent with fingernail marks.
Internal' examination of this area shows a small amount of hemorrhage in the strap
muscles of the left side of the neck. This hemorrhage is photographed.

BLUNT FORCE INJURY #5:
Blunt force injury #5 consists of bruising, swelling and two lacerations to the lips. There
is a laceration of both the upper lip and lower lip, both surrounded by extensive bruising.
There are multiple underlying complex mandibular fractures. There are multiple avulsed
teeth as well. .

BLUNT FORCE INJURY #6;
Blunt force illjury #6 consists of a 1/2" abrasion on the posterior right wrist, surrounded
by confluent bruising occupying much of the posterior right hand, right thumb, and wrist.

BLUNT FORCE INJURY #7:
Blunt force injury #7 consists of a 1/4" laceration of the left thumb, surrounded by
confluent bruising occupying much of the posterior surface of the left hand, the left
fingers, and a small amount of the left forearm, as indicated on the attached diagram.

BLUNT FORCE INJURY #8:
Blunt force injury #8 consists of a group of at least thirteen lacerations on the back of the
head, as indicated on the attached diagram. The lacerations range from 1/2" to 4 1/2"
in length. There is extensive bruising connecting these lacerations. There are no directly
underlying skull fractures.

BLUNT FORCE INJURY #9:
Blunt force injury #9 consists of a 1 1/4" abrasion on the left side of the back of the neck.

BLUNT FORCE INJURY #10:
Blunt force injury #10 consists of a 1II X 111 abrasion in the middle of the back of the neck.

Yes, other women have been murdered, but Michelle's injuries are those of a slaughter. Michelle was OVER-KILLED......OVER-KILLED. JY would have driven 1000 miles with his rage and hatred growing with each and every mile. He hated Michelle. He humiliated Michelle. He demeaned Michelle.
Forget the cheating, forget his drunken displays of childish behavior....focus only on Michelle for just ONE moment. His behavior and words pointed to one thin and one thing only....he absolutely hated Michelle and her slaughter was the result of this hatred.

As Sheriff Donnie Harrison said "This is perhaps the worse beating I've ever witnessed." I'm sorry for these other women, I have complete empathy for their families, and I do recognize their injuries. BUT, their injuries are NOT what Michelle suffered, they simply are NOT.

JY and JY alone SLAUGHTERED his wife and son...........

 

[tarheellvr]

It's been said here we all know of Michelle's injuries.......it's almost as if some want her injuries downplayed, but they CANNOT be.

The HORRIIFIC, HORRENDOUS injuries coupled with all the CE are what makes this case.

We will NEVER forget what JY did to Michelle........he strangled, beat, beat, beat, beat her to death. JY SLAUGHTERED MICHELLE........

 

[sunshine05]

As a matter of public policy, I find this incredibly disturbing. Basically, a DA can force a criminal suspect to either give up their fifth amendment rights or be found responsible for a killing by default through a civil action, with no recourse. This seems to be a Constitutional issue that needs to be addressed by the SCOTUS.

I believe he will have a right to have the custody revisited when he is acquitted/released. He is still her father. The custody stuff is part of an ongoing appeal.

 

[sunshine05]

JY DID slaughter Michelle......

(snipped)
Yes, other women have been murdered, but Michelle's injuries are those of a slaughter. Michelle was OVER-KILLED......OVER-KILLED. JY would have driven 1000 miles with his rage and hatred growing with each and every mile. He hated Michelle. He humiliated Michelle. He demeaned Michelle.
Forget the cheating, forget his drunken displays of childish behavior....focus only on Michelle for just ONE moment. His behavior and words pointed to one thin and one thing only....he absolutely hated Michelle and her slaughter was the result of this hatred.

As Sheriff Donnie Harrison said "This is perhaps the worse beating I've ever witnessed." I'm sorry for these other women, I have complete empathy for their families, and I do recognize their injuries. BUT, their injuries are NOT what Michelle suffered, they simply are NOT.

JY and JY alone SLAUGHTERED his wife and son...........

You argument of "overkill" = spousal guilt is not evidence. The fact that he was immature is not evidence of murder. There is no evidence that he hated MY, none whatsoever. There is nothing definitive that indicates that "overkill" is related to spousal murder.

Their marriage wasn't perfect. They argued. Many people have strained marriages. It does not mean there was hate. Everyone testified that he was looking forward to having a son.

 

[tarheellvr]

You argument of "overkill" = spousal guilt is not evidence. The fact that he was immature is not evidence of murder. There is no evidence that he hated MY, none whatsoever. There is nothing definitive that indicates that "overkill" is related to spousal murder.

Their marriage wasn't perfect. They argued. Many people have strained marriages. It does not mean there was hate. Everyone testified that he was looking forward to having a son.

Again, slice it/dice it....explain/excuse it.........Michelle's OVERKILL coupled with ALL the CE points to one suspect, JLY.You nor anyone else can soften this or explain this away!!

JY SLAUGHTERED HIS WIFE AND UNBORN SON

 

[tarheellvr]

No, if Jason is acquitted of the murder charges, the civil judgment remains in place. No review, no reversal. It's a final order and judgment and there is no way to undo it.

And as far as custody matters go, it does not matter much of Jason is acquitted or convicted - he cannot undo the custody order unless there is a significant change in circumstances that affects Cassidy. E.g., MF becomes a drug addict and neglects Cassidy or something along those lines where MF is doing something harmful to Cassidy.

Thank you for this explanation of fact.........

 

[tarheellvr]

I find the court of appeals opinion as to the grounds for overturning the verdict were the admission of the civil judgements very, very telling...........

As Minor stated,
the State will get its conviction if the only thing they have to do differently is to stay away from the custody order and default judgment. I also believe the states case gets stronger each time because Jason is now locked into testimony and the DA's office will have their guns loaded and ready this time.......

I also beieve "The third time's the charm"

 

[tarheellvr]

I believe he will have a right to have the custody revisited when he is acquitted/released. He is still her father. The custody stuff is part of an ongoing appeal.

No, he will not. This custody agreement cannot be revisited as it is locked into place. The ONLY reason, as Minor stated, it could ever be looked at is if Meredith became a drug addict or unfit parent. This will never, ever happen.

 

[Boodles]

I believe he will have a right to have the custody revisited when he is acquitted/released. He is still her father. The custody stuff is part of an ongoing appeal.

More fiction...

No, it's not.

 

[oenophile]

JY DID slaughter Michelle......

Blunt force injury to the head.
Multiple lacerations.
Extensive abrasions and contusions.
Multiple fractures of the mandible.
Avulsion of multiple teeth.
Fracture of the left temporal bone.
Linear fracture of the base of the skull.
Subarachnoid hemorrhage of the brain.
Blunt force injury to the neck consistent with manual strangulation.
Scratches on the left side of the neck consistent with fingernail marks.
Hgmorrhage of the strap muscles of the left side of the neck.
Blunt force injury to the laft deltoid region.
Abrasion.
Multiple contusions.
Blunt force injury to the extremities.
Laceration of the left thumb.
Abrasion of the right wrist.
Multiple confluent contusions of both hands.
Intrauterine pregnancy.

BLUNT FORCE INJURY #1:
Blunt force injury #1 consist 'of a 1" crescentic abrasion of the left deltoid region. It is
surrounded by poorly defined bruising, but may represent as many as three to four
discrete blows. There is no underlying significant tissue damage.

BLUNT FORCE INJURY #2:
Blunt force lnjuiy #2 consists of a 1 1/4'1 laceration over the left mandible. There is an
underlying, complex mandibular fracture. This injury has some sharp force
characteristics, most likely inflicted by the underlying bone fracture. This area is also
surrounded by bruising.

BLUNT FORCE INJURY #3:
Blunt force injury #3 consists of a group of at least eight lacerations to the left side of the
head, as indicated on the attached diagram. The lnluries range from approximately 1" to
3 3/411. The scalp is reflected to show a branching linear fracture of the left temporal
bone. This branching fracture is illustrated on an accompanying diagram.

BLUNT FORCE INJURY #4:
Blunt force ihjury #4 consists of a set of scratches on the left side of the neck, as
indicated in the attached diagram. These scratches are consistent with fingernail marks.
Internal' examination of this area shows a small amount of hemorrhage in the strap
muscles of the left side of the neck. This hemorrhage is photographed.

BLUNT FORCE INJURY #5:
Blunt force injury #5 consists of bruising, swelling and two lacerations to the lips. There
is a laceration of both the upper lip and lower lip, both surrounded by extensive bruising.
There are multiple underlying complex mandibular fractures. There are multiple avulsed
teeth as well. .

BLUNT FORCE INJURY #6;
Blunt force illjury #6 consists of a 1/2" abrasion on the posterior right wrist, surrounded
by confluent bruising occupying much of the posterior right hand, right thumb, and wrist.

BLUNT FORCE INJURY #7:
Blunt force injury #7 consists of a 1/4" laceration of the left thumb, surrounded by
confluent bruising occupying much of the posterior surface of the left hand, the left
fingers, and a small amount of the left forearm, as indicated on the attached diagram.

BLUNT FORCE INJURY #8:
Blunt force injury #8 consists of a group of at least thirteen lacerations on the back of the
head, as indicated on the attached diagram. The lacerations range from 1/2" to 4 1/2"
in length. There is extensive bruising connecting these lacerations. There are no directly
underlying skull fractures.

BLUNT FORCE INJURY #9:
Blunt force injury #9 consists of a 1 1/4" abrasion on the left side of the back of the neck.

BLUNT FORCE INJURY #10:
Blunt force injury #10 consists of a 1II X 111 abrasion in the middle of the back of the neck.

Yes, other women have been murdered, but Michelle's injuries are those of a slaughter. Michelle was OVER-KILLED......OVER-KILLED. JY would have driven 1000 miles with his rage and hatred growing with each and every mile. He hated Michelle. He humiliated Michelle. He demeaned Michelle.
Forget the cheating, forget his drunken displays of childish behavior....focus only on Michelle for just ONE moment. His behavior and words pointed to one thin and one thing only....he absolutely hated Michelle and her slaughter was the result of this hatred.

As Sheriff Donnie Harrison said "This is perhaps the worse beating I've ever witnessed." I'm sorry for these other women, I have complete empathy for their families, and I do recognize their injuries. BUT, their injuries are NOT what Michelle suffered, they simply are NOT.

JY and JY alone SLAUGHTERED his wife and son...........

And you know this how?

This post is exactly what I mean when I say people are deciding this case purely on emotion and not on facts. You've described how she was killed. That's it. Nothing else.

This is also why JY lost his job, couldn't speak to friends, etc, because of the vitriol from people in the public realm intent on defaming him.

 

[oenophile]

I believe he will have a right to have the custody revisited when he is acquitted/released. He is still her father. The custody stuff is part of an ongoing appeal.

I'm not speaking of the custody stuff, I'm speaking of him being labeled a "slayer".

 

[nursebeeme]

Folks if you post a case fact you must link it. (Upstream it looks like the autopsy report? If so it needs a link. Same with the custody stuff.)

Also, do not attack other members. Last warning on that one :nurse:

 

[Nymeria]

If someone is deemed a slayer and guilty of wrongful death, and then found not guilty of the murder, are they excused from wrongful death responsibilities/consequences/debt, or can someone be found responsible for wrongful death, found not guilty for murder, and still be responsible ... or does the wrongful death case have to be heard again (drunk driving wrongful death versus and not guilty wrongful death verdict)? I know with the OJ Simpson trial, first he was found not guilty, and then there was the wrongful death suit, so that is different ... and it was in another State. If Jason was found not guilty, wouldn't the wrongful death conviction prior to the trial have to be overturned, or at least reviewed?

Where are the vocal commenters that were so eager to convict Jason eight years ago?

*BBM*
Not bothering to comment since there is no trial set as of yet.
Some see no point in arguing this. (Seen some comments on other threads).

Me, I did not follow this case in the beginning.
Came in fresh. I try really hard to take in what the "Pro" group says, but I am going to admit it sometimes gets hard to engage. It feels like sometimes anything offered up as logical reasoning gets shot down with an excuse before the responder even really thinks about what is offered.
(This can go both ways).
Anyway, I shall carry on. I really would like to read all the back threads on JY but there is such an immense amount I keep putting it off. I want to see every bit of it but I am afraid once I start I may look up and summer will be over :facepalm:

 

[Nymeria]

I don't know that CY's relationship with her aunt and grandmother were loving or particularly close. The lawsuit never got that far. But I totally respect a parent's right to decide what is in their child's best interest.

I have to say from what I have read here alone it would not take a genius to come to the conclusion CY would be pretty close to MF, and likely the grandmother. MF was practically her second mother (moved there to help when she was born, lived with them for a bit, babysat, was at the house OFTEN, IIRC).
Looking in from the outside, I myself find the inlaws involvement a tad smothering, but if MY wanted her family close for herself and her baby, I am not going to judge (but I will admit even a decent man would probably go a little nuts with the inlaws constantly around!)

Back to my point, logic tells me CY had to have been close to MY's sister and mother (especially MF).

 

[sunshine05]

No, he will not. This custody agreement cannot be revisited as it is locked into place. The ONLY reason, as Minor stated, it could ever be looked at is if Meredith became a drug addict or unfit parent. This will never, ever happen.

This isn't true.

"The fact that there is a custody order does not end the matter forever. As already mentioned, an order awarding child custody in North Carolina may, subject to the court’s having proper subject matter jurisdiction, be modified or vacated at any time upon one party’s motion and a showing of changed circumstances by the interested party. “Changed circumstances” are changes affecting the child’s welfare both positively and adversely. The changes must, moreover, be substantial for the prior order to be modified."

"Changed circumstances" can certainly be --- the father was acquitted and is now available to have sole custody returned.

http://www.rosen.com/childcustody/carticles/child-custody/

Regarding what I mentioned about the appeal --- I was referring to MF's petition to adopt CY. That is still in the courts and there are documents on the court of appeals website.

 

[JusticeFever]

The official custody agreement can be found here, just click on custody documents.

http://abc11.com/archive/6645812/

 

[tarheellvr]

And you know this how?

This post is exactly what I mean when I say people are deciding this case purely on emotion and not on facts. You've described how she was killed. That's it. Nothing else.

This is also why JY lost his job, couldn't speak to friends, etc, because of the vitriol from people in the public realm intent on defaming him.

Sorry....here is the like to Michelle's autopsy......

http://www.wral.com/asset/news/local/2007/01/22/1175523/1307321296-scan0001.pdf

The facts in the autopsy speak for themselves. Michelle was slaughtered and I can find no better word description.

Nobody defamed JLY.........Any negativity regarding JY was brought about all by himself, especially his character.

 

[JusticeFever]

Michelle Young and Kathy Taft had very similar injuries and their cause of death was identical:


Blunt Force Head Trauma

Kathy Taft suffered:

Skull fractures,

Cerebral contusions

Subarachnoid and subdoral hemorrhage

S/p left craniotomy

By a stranger.

http://abc11.com/archive/7413663/

I will also post a link to the autopsy report.

 

[sunshine05]

Michelle Young and Kathy Taft had very similar injuries and their cause of death was identical:


Blunt Force Head Trauma

Kathy Taft suffered:

Skull fractures,

Cerebral contusions

Subarachnoid and subdoral hemorrhage

S/p left craniotomy

By a stranger.

http://abc11.com/archive/7413663/

I will also post a link to the autopsy report.

Here's the Taft autopsy report:
http://www.autopsyfiles.org/reports/Other/taft, kathy ann_report.pdf