Jason Young to get new trial #3

[oenophile]

3. At the Hillsville hotel, the same camera was unplugged. Again, no connection to Jason. There were 14 cameras in the hotel and Jason was on the fourth floor. Why was only one camera tampered with at 6:35AM if Jason had to pass several cameras to return to his room in the morning.

Can you explain this? Are you saying that it was unavoidable for Jason to pass by other cameras (apart from the unplugged one) when returning to his room?

 

[sunshine05]

Judge Stephens is wicked smart and I was impressed when I saw him in person at a different hearing. He's quiet, but no nonsense. He appears to garner respect from both sides of the aisle and his rulings in the hearing I saw did not favor one side over the other. Both sides won some and lost some. He's the most senior superior court judge. I've heard he's going to retire "soon," but I've not seen a specific timeframe for that.

I hope this is true. Good riddance.

I think it was a huge conflict of interest for him to preside over the civil case AND the criminal case. So the jury heard that HE personally declared JY as the slayer but the jury's not supposed to take that into account when deliberating. It makes me so mad that this could happen. So unfair.

 

[MyBelle]

BBM

Police were always well aware of Jason's alibi. They had hotel receipts from the car. They knew every detail about his alibi, and then they attempted to demonstrate that it was a false alibi. He must have talked with the Fishers as he went to Meredith's house after the crime scene was isolated, and there were arrangements for visitation from the time of the murder until the arrest.

ITA. Police had confirmation of Jason's alibi the night of the murder when they seized his car. Blaming Jason because he took his lawyer's advice and didn't verbally engage in a discussion about it with police is ridiculous at this point.

JMO

 

[sunshine05]

First of all, Cassidy is going to be long-term emotionally impacted no matter what. Her mother was murdered (possibly in her presence), and her father has been incarcerated.

You say it's "cruel" to separate a child from her parent - but who put Cassidy in that position to lose both her parents so cruelly?Not Michelle;; she's dead. Not the Fishers; they agreed to joint custody with Jason.

Not the police or prosecutors; they had probable cause to arrest Jason, and he was duly indicted, bound over for trial, and detained.

Who's left? Jason, the murder suspect and defendant who remains incarcerated.

If Jason murdered Michelle, I think we can all agree that Jason inflicted terrible cruelty on his daughter by depriving her of both parents. Or can your mind not allow Jason to be responsible or accountable even if he murdered Michelle?

He had three years in which to help the police verify his alibi and his story; he had an opportunity to talk to the Fishers and the attorneys and courts and counsellors about the details of his activities on Nov 2 and 3. Of course he is not legally required to clear his name or help police or talk to the Fishers - but his failure to do so creates a reasonable inference that he murdered Michelle -- whether that's true or not.


Since you are so passionate in your conviction that it's cruel to take a child away from a parent - then you should be angry and outraged at Jason Young because he inflicted this cruelty on Cassidy. She loves her dad! How could Jason be so heartless to put Cassidy through these ongoing traumatic upheavals?

Police verified his alibi on 11/4 so I'm not sure what you thought he was going to offer to help. They should be able to investigate the crime scene and follow any leads from that.

 

[Madeleine74]

JY was sued for wrongful death under the "Slayer Statute" in NC. He defaulted and was declared responsible as a result. The term "slayer" comes from that statute. Legally in civil court, he is the "slayer" of Michelle Fisher.

http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0031A

 

[sunshine05]

BBM. ITA. I was flabbergasted when the Judge proclaimed it a case of domestic violence. The therapist testified Michelle told her Jason was never violent. There was not one witness who related an act of violence. The best they could muster was an old girlfriend who tussled over a ring and stayed in the relationship. But then, it was the same Judge who wanted the Jury to know he had previously proclaimed Jason to be a "slayer."

JMO

This is appeal material too. It was really out of line. There were so many things but Blackman went for the main item - the admittance of the civil cases.

 

[MyBelle]

I hope this is true. Good riddance.

I think it was a huge conflict of interest for him to preside over the civil case AND the criminal case. So the jury heard that HE personally declared JY as the slayer but the jury's not supposed to take that into account when deliberating. It makes me so mad that this could happen. So unfair.

I'm still shocked by it. I don't believe it was a conflict for him to preside over both cases but it was very, very wrong to allow his decision to be entered into evidence in the criminal case. How could a jury possibly ignore that? Obviously, the didn't.

JMO

 

[sunshine05]

Can you explain this? Are you saying that it was unavoidable for Jason to pass by other cameras (apart from the unplugged one) when returning to his room?

That is true. There were cameras near the elevators on each floor and at the exit doors at the end of each hallway so he definitely should have unplugged all of them to be safe.

 

[sunshine05]

You're right that it was prejudicial to read the custody petition and it's unproven accusations to the jury. And yes that is why Jason was granted a new trial.

Shame on the judge and prosecutors for failing to take better care of the record.

However, the Fishers were well within their rights to pursue the civil case and the custody case. I do not believe the custody case was merely a strategic maneuver - it was justified, and Jason is the one who backed his own self into that comer.

The wrongful death suit - probably strategic, but not for purposes of the criminal case. Getting a favorable judgment in the wrongful death case would fortify and legitimize the Fishers' pursuit of custody of Cassidy.

They knew Jason wouldn't talk or participate. But it wasn't the Fishers who backed Jason into that corner. It was Jason and his mother. At all times Jason had complete control over whether to participate and tell what happened - he elected to avoid the whole process because he did not want the prosecutors to be able to prepare their case with the benefit of his "version." That us a strategic decision that only Jason could make.

AND earn their attorney $1 million and LF $250K.

 

[MyBelle]

This is appeal material too. It was really out of line. There were so many things but Blackman went for the main item - the admittance of the civil cases.

I'm really glad the appellate court decided that the daycare worker's testimony stayed in. If comments CY made a week after the murder are okay, it opens the door for comments made to others immediately after the murder. I look forward to the testimony from the psychologist MF said was at her house that night. And of course comments CY made to other family and friends afterward.

JMO

 

[Madeleine74]

JY's alibi could not be confirmed because the very camera that would have shown him going back inside, up the stairs, to his room was unplugged after JY checked in and before he went outside. Then the next morning the same camera had been moved to point elsewhere exactly at the time he (allegedly) came back into the hotel, through the then unlocked glass door.

No video camera ever captured him again. He claimed he got breakfast from the breakfast area, but the video camera pointed in that area did not capture him.

Further, JY said he did not close his hotel room door all the way, twice, and didn't have his key card. Had he closed his door and then swiped to go back inside that would have proved his assertions. There was only 1 key card swipe his entire visit, and that was when he first checked in.

 

[MyBelle]

AND earn their attorney $1 million and LF $250K.

Was that from the life insurance? I can't remember what the insurance total came to that was the alleged motive in this case. I know it was at least $1 million but if that much went to the attorney it must have been more. And to think that much went to an attorney rather than all of it going to CY. Wow.

JMO

 

[sunshine05]

AFAIK only one has said that there is nothing that could change their opinion that JY is guilty.

For those who are convinced he's innocent, is there anything that would change your mind that he is innocent (short of a video tape of him committing the murder and another video of him yelling at Gracie at 5:30 a.m.)?

Show of hands - whose minds are really still open?

I believe it's unanimous that all of us would believe him to be guilty with proof. No, I don't need a video of him committing the murder, but there is actually more CE pointing toward innocence than guilt in this case and I can't ignore that.

There isn't a shred of proof offered by the state. How can we convict a person when there is NO proof of his involvement in a crime? I take a strong interest in this case to make things better for all of us because it's clear that anyone can be convicted of anything and the state doesn't even need proof.

 

[sunshine05]

Was that from the life insurance? I can't remember what the insurance total came to that was the alleged motive in this case. I know it was at least $1 million but if that much went to the attorney it must have been more. And to think that much went to an attorney rather than all of it going to CY. Wow.

JMO

$4 million policy. They took 25% off the top.

 

[sunshine05]

JY's alibi could not be confirmed because the very camera that would have shown him going back inside, up the stairs, to his room was unplugged after JY checked in and before he went outside. Then the next morning the same camera had been moved to point elsewhere exactly at the time he (allegedly) came back into the hotel, through the then unlocked glass door.

No video camera ever captured him again. He claimed he got breakfast from the breakfast area, but the video camera pointed in that area did not capture him.

Further, JY said he did not close his hotel room door all the way, twice, and didn't have his key card. Had he closed his door and then swiped to go back inside that would have proved his assertions. There was only 1 key card swipe his entire visit, and that was when he first checked in.

But with an alibi, we're supposed to give people the benefit of the doubt. Unless there is proof that he left the hotel that night, it's safe to assume he spent the entire night there. I'm not buying that his door remained ajar all night. That is just ridiculous. You saw the video of how easily it shut with such a small amount of pressure. Placing the newspaper bag on it surely would have closed it. I need proof that he didn't stay there.

The State is required to prove guilt. The accused is not required or expected to prove innocence.

 

[MyBelle]

$4 million policy. They took 25% off the top.

You're right. And the financial planner who testified gave some strange testimony that she was worried that Michelle planned to cut back on her work hours after the baby was born because she didn't think the marriage was that strong. Wasn't Michelle smart enough to know how strong her marriage was? And wasn't Michelle, an MBA, capable of returning to a full-time career if her marriage did result in divorce?

This is a very unprofessional and unkind comment to make about Michelle, imo.

Childs also testified that she worried about Michelle Young's plans to cut back on her work hours at Progress Energy after the birth of her second child.

"It was very apparent to me that her marriage was not good and it was not working out, and from what I could see, was headed into the direction of separation or divorce," Childs said.


Read more at http://www.wral.com/specialreports/michelleyoung/story/10771883/#QJj75Op18cuMJFdQ.99

 

[MyBelle]

But with an alibi, we're supposed to give people the benefit of the doubt. Unless there is proof that he left the hotel that night, it's safe to assume he spent the entire night there. I'm not buying that his door remained ajar all night. That is just ridiculous. You saw the video of how easily it shut with such a small amount of pressure. Placing the newspaper bag on it surely would have closed it. I need proof that he didn't stay there.

The State is required to prove guilt. The accused is not required or expected to prove innocence.

You're right, Jason's alibi was that he was at a hotel in another state.

What LE failed to confirm was that Jason left the hotel and returned to Raleigh.

They also failed to confirm the time of death to a reasonable degree, which may have been intentional.

JMO

 

[JusticeFever]

JY's conviction was overturned and thrown out. He was granted a new trial, isn't that why we are here discussing the previous trials and gearing up for a third?

 

[oenophile]

That is true. There were cameras near the elevators on each floor and at the exit doors at the end of each hallway so he definitely should have unplugged all of them to be safe.

Wow, okay, so let's recheck the facts:

1. JY would have had to walk by several cameras both leaving and entering the hotel.
2. One camera was unplugged, but no other cameras were touched.
3. JY had no way of knowing whether or not the cameras were actually taking and recording uninterrupted video. (this is an assumption, it is possible but highly improbable that he knew the details of that particular camera system at that particular hotel)
4. Had the cameras been recording uninterrupted video, then JY's actions would have been recorded that night.

Thus, IF JY was attempting to hide his actions that night, he would have to take out all cameras that could have tracked his route both going out the hotel and coming back. He also would have to ensure that the same route would be free and clear without obstacles on his return, including the exterior door.

For those that are 100% convinced of his guilt, how do you get around this? How was JY expected to get past the other cameras without being recorded? It doesn't sound like a very good plan.

 

[otto]

BBM. ITA. I was flabbergasted when the Judge proclaimed it a case of domestic violence. The therapist testified Michelle told her Jason was never violent. There was not one witness who related an act of violence. The best they could muster was an old girlfriend who tussled over a ring and stayed in the relationship. But then, it was the same Judge who wanted the Jury to know he had previously proclaimed Jason to be a "slayer."

JMO

It's good to know that I wasn't the only person that was shocked by the Judge's remarks. Even though I believed in Jason's guilt at the time, I was a bit stunned when I heard the opinion of the judge about domestic violence. His opinion about the case clearly went well beyond what was argued during the trial.