Jason Young to get new trial #4

[otto]

Let's think about that. Look at how Gracie has been trashed by the NG's . They needed to put the pieces of the puzzle together. Gracie was interviewed only a few days after the crime. How much evidence had they acquired up until then? Wasn't she initially interviewed on Nov. 5th?

In what way has the brain injured gas attendant been targeted? Has anything been said that is not true?

Gracie is a compromised, forgetful woman that needed help to identify Jason, and then she screwed up with his height ... but she tried hard. I hope she was properly compensated for her time.

No evidence had been "acquired" at the time of the gas attendant's mistaken identification. She identified a short man. Jason is not a short man. Clearly, she was mistaken about his face or his height, but if she argued with him with such a clear memory, then she should have remembered that the man that looked like Jason towered over her ... even though she was standing on a 6" tall false floor. She remembered a man that was her height. Apparently, the very intimidating man at 5:30AM did not tower over her in a threatening posture ... as Jason would have if he was there.

 

[otto]

I wonder if he had any injuries after he attacked Jennifer Cargol? Was that ever mentioned?

Didn't he pin her on the bed and remove her ring? Was it the type of physical fight where each person would attack the other, or was it more of a drunk malfunction, she didn't fight back, and she tried to repair the relationship prior to returning home ... perhaps because she felt bad about giving him a hard time for drinking with his buddies at a buddies drinking function. ... or was that the other girlfriend. Is Cargol the realtor weekend, or is that the woman that he contacted after coming across the car accident?

 

[SStarr33]

Otto, when did you switch over from guilty to not guilty? I may have read it here before, but now I can't remember what you said about it.

 

[SStarr33]

That's just it, we don't know. Wouldn't it have been better for CY to have been taken to an emergency room and checked out, and then have her clothing photographed and taken into evidence. I know she was checked at the scene, but there was no way to know if she had any internal injuries , etc.. That would have been the best thing to do, than have them go shopping at Target for new clothes.
I think the pjs were handed over to LE at that time and MF only took the tee shirt home to wash.

That is a good point. Does anyone know if other children have been taken to the hospital when they have been left with a dead parent? I'm happy to research this if someone can give me the names of other cases.

 

[SStarr33]

One would certainly hope that the dog, Mr G, found hs way to the child. Dogs are instinctive. It's very unusual that the dog, when panicked, did not go to a family member. It does not make sense that the dog was panicked and therefore avoided a family member; the child.

Children also seek out the family dog when they are upset.

I have also questioned whether the bloody socks were collected from the crime scene during the 10 days that the house was secured by investigators. I believe that bloody sheets or towels were also left behind. We know that body matter was left behind.

The prosecution time line does not add up. It does not fit in the timeline that the child, and her pajamas, were cleaned or exchanged for other clothing. It does not fit that the dog avoided a family member in duress or under threat. Even if the murderer is a family member, it does not fit that the dog and child at no time sought each other.

Yes, the bloody sheets were left behind and were not tested until they were collected by JYs family investigator.

 

[SStarr33]

I was reading some old threads and saw they gave the option for 2nd degree murder. Is that right??? How in the world could it ever be 2nd degree?

 

[PrimeSuspect]

Were any fibers from his home or the Hampton Inn in Hillsville found in his SUV???

Thanks,
Glenn

Hmmmm, it should have otherwise his vehicle's been cleaned out, is that what you're implying?

Edit: but there would be fibers from his home too.

It's the blood evidence which was crucial.

 

[SStarr33]

Here are a couple of interesting videos with interviews of the PT from after the verdict that I hadn't seen:

Starts at 1:32

http://www.youtube.com/watch?feature=player_embedded&v=BUup3JRwfkQ

start at beginning

Prosecutors discuss Jason Young murder trial - YouTube

 

[sunshine05]

I assume this is correct:

http://caselaw.findlaw.com/nc-court-of-appeals/1662955.html

Ms. Calhoun was shown a photograph of Defendant's white Ford Explorer on 5 November 2006 and asked if she saw the car on 3 November 2006. When Ms. Calhoun was shown Defendant's photograph, she identified him as the vehicle's driver. Ms. Calhoun was not asked to provide a physical description prior to seeing Defendant's photo, and stated that the Defendant was “just a little bit taller than me,” although Ms. Calhoun is five feet tall and Defendant is six-foot-one.

You are correct. I was thinking about Ickerd's testimony. He asked Gracie to identify the person in the photo first and then he asked her about the vehicle.
@ approx. 24 minutes
http://www.wral.com/specialreports/michelleyoung/video/9714913/

Also, listening to Gracie's testimony again, the register rang up several sales around the time that the person allegedly came into the store yelling at her to turn on the pumps.

@47:00
http://www.wral.com/specialreports/michelleyoung/video/9714910/

Transactions:
2 @ 5:19
1 @ 5:26
1 @ 5:27 (customer who yelled at her, allegedly JY)
2 @ 5:28
2 @ 5:31
1 @ 5:34
1@ 5:35

Yet we're to believe that it's dark, she's behind the counter ringing up all these sales but she stopped to look outside to see a white Explorer?

She also testified that there was only one other customer in the store at the time. Clearly that isn't correct.

 

[SteelerGirl43]

Yes, the bloody sheets were left behind and were not tested until they were collected by JYs family investigator.

I cant believe they did NOT collect the sheets... Why??? Hmmmmm!!! Then a tooth was found.... Really?? What kind CSI do they have??

 

[PrimeSuspect]

In his first trial I could Hv sworn he testified that they both wore each other's shoes..esp tennis shoes. Raffa naval wears shoes two sizes too small if raffia can anyone can. Esp someone staging a scene of death. Lots of athletes do it.

Q: Rafa, is it true that you wear your shoes two sizes too small when you play? If so, how do you manage, I would be in agony!
RN: No, this is not true. I am normally a 10 1/2 and I wear a taylor made one to play that is a 10. But as I say it is taylor made so not a real number...

http://www.telegraph.co.uk/sport/tennis/rafaelnadal/8549505/Rafael-Nadals-exclusive-blog-world-No-1-answers-your-questions-throughout-the-French-Open-May-31.html


Straight from the horses mouth. Not true.

 

[SStarr33]

I cant believe they did NOT collect the sheets... Why??? Hmmmmm!!! Then a tooth was found.... Really?? What kind CSI do they have??

Not sure. There were semen stains on the sheets that turned out to be JYs, but they sure would not have known that at the time. Not to mention all of the blood that should have been tested for DNA other than MYs.

The crime scene was FUBAR just like most of the rest of the case.

 

[sunshine05]

I was reading some old threads and saw they gave the option for 2nd degree murder. Is that right??? How in the world could it ever be 2nd degree?

The judge including an "acting in concert" clause allowing the jury to convict even if they don't believe JY did the actual crime. I thought this was pretty unfair since the State never made that claim. In fact, in some of the post trial interviews, jurors discuss how they believe he "had help". Though I don't know if "acting in concert" qualifies as 1st degree or 2nd. It's probably still 1st though I don't understand how 2nd degree could be found as that would not be premeditated murder.

They included 2nd degree in the Cooper case too, even though the entire case hinged on the Google map search (clearly would indicate premeditation). I guess they do it to ensure a conviction for jurors who are on the fence. It shouldn't be there, imo.

Jury instructions:
https://justiceforjasonyoung.files.wordpress.com/2014/06/juryinstructions.pdf

 

[sunshine05]

Meredith was holding the child when she was observed by the officer. She then washed the pajamas. After that, the pajamas were submitted for evidence. I don't think anything can be said about the pajamas that will not come into question.

A stranger would not stop to care for the child. I think we can accept that as a premise. If the child was cleaned and changed, Jason did not do it simply because he did not have enough time to do it. There we have a problem. Was she cleaned?

To be clear, MF gave the pajamas directly to the police that very day. She only washed the undershirt and had to give it to police 2 weeks later when they asked for it. Why she didn't give them ALL of CY's clothing that day remains unknown.

 

[citygirl]

I have consistently read on this forum that the treadmill was turned on when the body was discovered. There was nothing more that could be concluded ... it was turned on ... no idea if anyone was using it and fled, or used it and forgot to turn it off. I don't know how "turned on" was translated into: "she was on the treadmill when the murderer entered her home".

What doesn't make sense is the strange interpretation of "the treadmill was turned on when the murder was discovered".

Please refer to post #520. This will clear it up for you.

 

[citygirl]

In what way has the brain injured gas attendant been targeted? Has anything been said that is not true?

Gracie is a compromised, forgetful woman that needed help to identify Jason, and then she screwed up with his height ... but she tried hard. I hope she was properly compensated for her time.

No evidence had been "acquired" at the time of the gas attendant's mistaken identification. She identified a short man. Jason is not a short man. Clearly, she was mistaken about his face or his height, but if she argued with him with such a clear memory, then she should have remembered that the man that looked like Jason towered over her ... even though she was standing on a 6" tall false floor. She remembered a man that was her height. Apparently, the very intimidating man at 5:30AM did not tower over her in a threatening posture ... as Jason would have if he was there.

IMO, I think he was there and I think she identified him. A poster posed the question....why didn't they arrest him after Gracie ID'd him?..... My response was that they hadn't acquired other evidence. It was only 2 days after the murder.

How would Gracie be properly compensated for her time? What are you implying?

 

[PrimeSuspect]

IMO, I think he was there and I think she identified him. A poster posed the question....why didn't they arrest him after Gracie ID'd him?..... My response was that they hadn't acquired other evidence. It was only 2 days after the murder.

How would Gracie be properly compensated for her time? What are you implying?

Lieutenant Ickerd did not ask Gracie what the man looked like, not his facial features, facial hair or not, hair style or hair colour, not his clothes pants/shirt or colour of clothes? Not one identifying feature of this man, not great investigation. :facepalm:

 

[citygirl]

Didn't he pin her on the bed and remove her ring? Was it the type of physical fight where each person would attack the other, or was it more of a drunk malfunction, she didn't fight back, and she tried to repair the relationship prior to returning home ... perhaps because she felt bad about giving him a hard time for drinking with his buddies at a buddies drinking function. ... or was that the other girlfriend. Is Cargol the realtor weekend, or is that the woman that he contacted after coming across the car accident?

Her testimony is pretty chilling. The struggle lasted for 20 minutes and she did fight back. He had been drinking but slept for an hour before the altercation began. She describes her own state of mind when she asked for the ring back. Several weeks later she ended the engagement.
http://www.wral.com/specialreports/michelleyoung/video/10739977/

 

[citygirl]

Lieutenant Ickerd did not ask Gracie what the man looked like, not his facial features, facial hair or not, hair style or hair colour, not his clothes pants/shirt or colour of clothes? Not one identifying feature of this man, not great investigation. :facepalm:

He showed her a picture and she said it was him.

 

[JusticeFever]

http://www.telegraph.co.uk/sport/tennis/rafaelnadal/8549505/Rafael-Nadals-exclusive-blog-world-No-1-answers-your-questions-throughout-the-French-Open-May-31.html


Straight from the horses mouth. Not true.

Thanks for this, PS.......I still want to know what it means that they wore each other's shoes????