Jason Young to get new trial #3

[citygirl]

OMG, how morbid. I couldn't imagine wanting to go to the area where your loved one was killed. Horrible.

I would be averse to doing it too. But I would do it for my little one. I would need to know what she witnessed. You couldn't keep me away. MOO.

 

[citygirl]

I have no words for anyone who would talk badly about JY in front of his daughter. Or who would threaten to kidnap her.

And you know this how?

 

[citygirl]

I sure will. I would also like to know if her wallet was fingerprinted. I hate not knowing these kind of details.

Why would they do that? Her purse was undisturbed.

 

[citygirl]

Same difference.

You were wrong about the door. See otto's posting above

Not interested. Tarheel has been in those houses. I prefer to go with her analysis.

 

[citygirl]

That's not really accurate. The Court of Appeals decision was unanimous --- all three judges concurred that a new trial must be ordered. Because it was unanimous, the State's only recourse is to petition the Supreme Court for discretionary review and it is not automatic that they will even look at it. In fact, in over 90% of cases where there is a unanimous decision with the CoA, the SC declines to review it. He is technically in limbo right now and it's not accurate to say that he's still serving a life sentence. The conviction is gone. He will be eligible to be released on bond if the SC declines. That is the most likely scenario here.

What are the stats for a convict with a life sentence getting out on appeal?

 

[otto]

Then why did he fool around? Why did he describe his sex life or lack of it to total strangers? Even to his own mother? Eeeew. Or work acquaintances who squirmed hearing the details? IMO, he had NO respect for his wife. None whatsoever. He cared only for himself.

The question was whether a discussion about options for an unplanned pregnancy are relevant given that the decision was to get married and start a family. As mentioned, I'm more interested in the decision than the discussion.

 

[Nymeria]

Not at the time we were talking about. At that time he had Roger Smith.

THE Roger Smith?!

No wonder his case was all bungled...I would not let him represent me! :giggle:

PS- You have to be an "American Dad" fan to appreciate this....

 

[Nymeria]

Here is a gotcha moment for the defense!!

The pdf says that if Jason killed Michelle leaving CY behind, he would not want anyone else finding CY risking having her say she saw him..........Page 48

Brillant and this is why they got paid the big bucks. Never thought of this.

But if he did this, don't you think he would have counted on CY being asleep?
IF he did it, possibly she was but the inability to quietly strangle MY which lead to the beating may have woken her.
Just a possibility....

 

[Grammy Jean]

I need to see a link for the claim that Jason allowed his unnamed "BFF" to be a tourist at the crime scene. That simply did not happen.

http://www.wral.com/specialreports/michelleyoung/asset_gallery/9740459/

This should help. It starts at the 10:35 mark. Jason Fitzgerald testified that he, Josh Dalton, Gary( Jy's brother- in law and JY's sister Kim spent several hours in the Birchleaf house after it was released. This is when Kim found the tooth. The main reason they were there was to change locks and fix the garage door.

 

[Nymeria]

I finished reading, the only other few points I will reference is something we talked about, no time of death.
That it was never established, and that the ME was not even asked if MY died on Nov 2 or Nov 3,
That a treadmill was on and a bottle of water found
And, that the garage door and kitchen door were left unlocked.
The assistant appellate defender was Barbara. S, Blackman and asked the court to vacate his conviction or
reverse and remand for a new trial.
Jason Young won his appeal.

*BBM*
That is interesting.
Like the track was actually moving?
Or the power was just "ON"?

 

[JusticeFever]

Hi JF I have been reading a lot of posts as I was not keeping up for a day or so. I did see the post where I learned you are female and like the other poster I thought you were a male. I think this is because your posts and replies are always so logical and you do not get into a lot of emotional responses.
I was also surprised to find at one point in time you were on the JY is guilty side of the fence. I though you did a great job of summarizing the flaws in the testimony that convinced you of reasonable doubt. I would really like to hear your theory of this crime. IS your switching your opinion based on the fact that you did not believe the state proved their case or do you have a theory?

It's funny how we can be perceived in our posting styles, I guess.
Basically, I wanted the state to prove their case to me, but every time the defense was able to counter and there are still too many unanswered questions, like the timeline for example.
The state spent so much time telling us how horrible Jason was more than anything else.
The first signs it was a weak case was by not asking for the DP and for waiting so long to make an arrest.

 

[Nymeria]

I would be averse to doing it too. But I would do it for my little one. I would need to know what she witnessed. You couldn't keep me away. MOO.

It is not about being morbid or wanting to see the scene even (although I can see some people might want to do that, to grasp what has happened to their loved one).
Just going through and looking around the house to be able to tell LE what was out of place, missing, or just not right seems like a smart thing to me.
He could have done that and skipped the bedroom, I should think.
And again, he could ask his lawyers to accompany him.

 

[otto]

http://www.wral.com/specialreports/michelleyoung/asset_gallery/9740459/

This should help. It starts at the 10:35 mark. Jason Fitzgerald testified that he, Josh Dalton, Gary( Jy's brother- in law and JY's sister Kim spent several hours in the Birchleaf house after it was released. This is when Kim found the tooth. The main reason they were there was to change locks and fix the garage door.

Thanks ... so they were there to do repairs and clean up, not because they were crime scene tourists.

 

[citygirl]

Some people might think that discussions about an unplanned pregnancy are more important than actions that follow that discussion, but I'm of the opinion that the actions speak much louder than words. They did get married, they did plan a family.

Then how do you feel about his actions as a husband and father? Ya know, all the stuff about him being a terrible husband that's been spoken about and written about. His lies, his womanizing etc. Do his actions speak louder than his verbal admissions on the witness stand. You know, when he choked up when she called him bootiful?

 

[citygirl]

That's not really accurate. The Court of Appeals decision was unanimous --- all three judges concurred that a new trial must be ordered. Because it was unanimous, the State's only recourse is to petition the Supreme Court for discretionary review and it is not automatic that they will even look at it. In fact, in over 90% of cases where there is a unanimous decision with the CoA, the SC declines to review it. He is technically in limbo right now and it's not accurate to say that he's still serving a life sentence. The conviction is gone. He will be eligible to be released on bond if the SC declines. That is the most likely scenario here.

Technically in limbo but behind bars. I wonder if he feels a difference?

 

[citygirl]

The question was whether a discussion about options for an unplanned pregnancy are relevant given that the decision was to get married and start a family. As mentioned, I'm more interested in the decision than the discussion.

I'm sure you are. The discussion leaves a lot of questions about his dedication and loyalty and fidelity.

 

[citygirl]

THE Roger Smith?!

No wonder his case was all bungled...I would not let him represent me! :giggle:

PS- You have to be an "American Dad" fan to appreciate this....

:floorlaugh: He did get a hung jury. How come he wasn't on board the second time around?

 

[sunshine05]

Technically in limbo but behind bars. I wonder if he feels a difference?

I certainly think so, yes! Winning the appeal was a really big deal. Being able to have renewed optimism about regaining freedom would certainly feel different.

I think I read that the CoA only overturns convictions in about 1-3% of all cases appealed.

 

[sunshine05]

*BBM*
That is interesting.
Like the track was actually moving?
Or the power was just "ON"?

No, the power switch was on but it wasn't moving.

 

[citygirl]

Here is a gotcha moment for the defense!!

The pdf says that if Jason killed Michelle leaving CY behind, he would not want anyone else finding CY risking having her say she saw him..........Page 48

Brillant and this is why they got paid the big bucks. Never thought of this.

Sorry. Not seeing this as a gotcha moment. Hardly brilliant. Run of the mill rebuttal, IMO.