Jason Young to get new trial

[otto]

How likely is it that the Supreme Court will over rule this decision? The decision is based on law that prevents prior bad acts, such as prior arrests and convictions, from being considered during an unrelated matter. The Appeal Court viewed the civil ruling of "slayer", and the custody arrangement, as default decisions where Jason did not participate. Furthermore, the "slayer" label was imposed based on Linda Fisher's position and not the State's position (per: http://www.wral.com/asset/news/local/2014/04/01/13529333/April_1_2014_Appeals_Court_Opinion.pdf ).

"A three-judge panel with the state Court of Appeals on Tuesday vacated Jason Young's March 5, 2012, conviction after finding that a judge should not have allowed jurors in Young's trial to hear about two civil lawsuits against him – a wrongful death lawsuit and petition for child custody, both filed by his late wife's family.

...
The Appeals Court ruled that the Young's presumption of innocence was "irreparably diminished" by prosecutors' evidence about the lawsuits as well as subsequent default judgment that Young was liable for Michelle Young's death because he refused to respond in the wrongful death case."

http://www.wral.com/state-to-ask-nc-supreme-court-to-review-jason-young-case/13533252/

 

[Landonsmom02]

I would hope that child/parent visitation arrangements can be made without the interference/assistance from the courts.

I was just reading the documents: http://www.wral.com/asset/news/local/2014/04/01/13529333/April_1_2014_Appeals_Court_Opinion.pdf

On page 9, Ms Shaad describes her belief that she and Michelle were being watched on the night of the murder. What strikes me as odd is that she claims she was so afraid that she asked Michelle to walk her to her car. What about Michelle? Didn't she think that someone should walk Michelle back to her house? It seems like an odd situation where Ms Shaad wants Michelle to look out for her while she leaves the scary situation, but doesn't have any concern about leaving Michelle alone in the scary situation.

Was Ms Shaad looked at as a suspect? She was the last person to admit being with Michelle.

Really????

 

[Landonsmom02]

The custody dispute was only part of the appeal because the decision was used against him when it shouldn't have been.

I still think that the Alford Plea would be the best of all possibilities for Young at this time. The murder was in 2006. He's been in prison off and on for the last 8 years. If he can be permanently released from prison after a couple of more years, he can at least have something of a life afterward.

Given how the last two trials have gone, I think that a conviction is still likely.

BBM


Wrong. He has only been in and out of prison since December 2009.

 

[Landonsmom02]

We'll have to see what Young decides to do. His attorneys might not agree with you. I think Brad Cooper is going to go for another trial rather than plea and JY might feel the same way. I sure haven't concluded he is guilty. Too many holes...

He's a narcissist He will go for a trial. If that is what mommy says.

 

[Landonsmom02]

The whole daycare testimony doesn't prove anything except CY possibly saw her mother murdered. She never once said that the attacker was daddy.

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Did you watch the trial. When MF was testifying about them sitting in the firetruck and going to target and getting clothes, MF said CY kept trying to tell her someone was there and she kept referring to her father. Do you also know that the Young's kept CY away from the Fisher's and even returned christmas gifts? The Fisher's have never acted out in that way. After MF got custody of CY, she let them visit her. The Fisher's have shown more class throughout the entire 8 years than the Young's have in their pinky toe. Oh and good old Kim Young, Jason's sister got on the old IS boards and trashed MF and LF.

 

[Landonsmom02]

It's pure speculation that the child would not identify the doll that was spanking the other doll because of fear. There's no evidence of that, so is it something that we should consider? I'm more curious about how untrained daycare workers objectively question a child about play that they believe is related to murder.

It's your speculation that they interpreted her play. She was asked what she was doing and she said mommy is getting a spanking for biting. She was also withdrawn that week after the murder and kept to herself. Noone pyschoanalyzed her. They just reported their observations.

 

[Landonsmom02]

Just looked that up and yes, there was a male doll. And, she did not choose that one.

My mistake. Yes, a male doll dressed like a doctor with black hair? Yet she chose a doll with short blonde hair. By this time, she had been with the Youngs since the murder. I'm going to use my common sense and say, IMO, she was told otherwise about what she wittness and it wasn't daddy there. Why else would her family bad mouth the Fisher's and keep them away from her for so long?

 

[Landonsmom02]

Didn't she choose an older female doll with white (perhaps light blond) hair that wore glasses? Were there any older women that worked at the daycare that punished children for biting? I'm curious where the child learned about biting. Was that an issue at the daycare?

Geez she was 2 years old at the time. Do you have kids? At that age, biting is common. Every parent knows this. If someone bites you, you are told that is wrong and vice versa if you bite someone. Again, common sense. If what you are implying is true, then the daycare workers would have testified to it. They had no hidden agenda. After what they wittness happened, she was taken out of the daycare by daddy. Hmmmmm.......

 

[Landonsmom02]

I saw it on ID and they presented the case as if he was guilty, and even then it didn't make sense. The daughter was found cleaned up, no diaper, and no blood in the drains. All the stuff from the hotel could've been anyone. Who cleaned CY and washed her pajamas??? And if the pajamas weren't washed or were washed, why was that never mentioned?

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BBM


Care to take a shot at why the waterhose was found turned on when the cops arrived? And the stuff at the HI happened the night he was there and hadn't happened since the time of the trial. It only happened once when teenagers snuck in and they were caught. JY is either the unluckiest guy or he is a cold blooded killer. That trip he could have made the morning before. His appt was at 10 am. He could have easily gotten up early and drove to VA and had plenty of time to make it to his appt. I have never heard of anyone traveling the night before when the appt was 2 hours away.

 

[Landonsmom02]

No bloody foot prints on the carpet. It's believed she was carried to and from the bathroom. No dirty diaper found and the trash can was emptied.

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wrong there was blood at the top of the stairs and her footprints were all around her mother's body. You can see some of the blood in the crime scence photos on wral.

 

[otto]

It's your speculation that they interpreted her play. She was asked what she was doing and she said mommy is getting a spanking for biting. She was also withdrawn that week after the murder and kept to herself. Noone pyschoanalyzed her. They just reported their observations.

The child was in the daycare for a half day after the murder. The day after the daycare workers interpreted the biting/spanking child's play of a two year old as a re-enactment of a murder, the child was withdrawn from the daycare.

 

[MyBelle]

He's a narcissist He will go for a trial. If that is what mommy says.

Excuse me? I don't believe he's a narcissist. No evidence in court of it. His mother has nothing to do with the appellate decision.

 

[otto]

My mistake. Yes, a male doll dressed like a doctor with black hair? Yet she chose a doll with short blonde hair. By this time, she had been with the Youngs since the murder. I'm going to use my common sense and say, IMO, she was told otherwise about what she wittness and it wasn't daddy there. Why else would her family bad mouth the Fisher's and keep them away from her for so long?

If Jason and his mother were not being badmouthed, why is the story about the Fisher's complaints about visiting the child at her daycare so widely known?

 

[Landonsmom02]

The child was in the daycare for a half day after the murder. The day after the daycare workers interpreted the biting/spanking child's play of a two year old as a re-enactment of a murder, the child was withdrawn from the daycare.

The withdrawn am I speaking to here, I meant, keeping to herself, not talking to anyone,playing with kids.

 

[otto]

Geez she was 2 years old at the time. Do you have kids? At that age, biting is common. Every parent knows this. If someone bites you, you are told that is wrong and vice versa if you bite someone. Again, common sense. If what you are implying is true, then the daycare workers would have testified to it. They had no hidden agenda. After what they wittness happened, she was taken out of the daycare by daddy. Hmmmmm.......

Biting is not common amongst young children. I was not bitten as a child, I did not bite other children as a child, and my children did not bite each other or other children.

We don't know what the daycare employees said, and how they were instructed to testify. What we do know is that the daycare employees were well aware of the fact that Michelle was murdered, and that they may have been predisposed to interpret any type of child's play as related to the murder. For example, if the child had banged a stick on the ground, would the employees have asked her: "is that what happened to your mommy?" Did they specifically ask about "mommy" and that's why the child included "mommy" in her biting/spanking story? We'll never know the answer to that because even if it did happen, the daycare employees cannot admit that and still participate in the murder trial.

 

[otto]

The withdrawn am I speaking to here, I meant, keeping to herself, not talking to anyone,playing with kids.

She was only in the daycare for a half day after the murder, so who described her as withdrawn? Why is it significant? Her mother was gone ... naturally a child would be trying to process that information one way or another.

 

[MyBelle]

Did you watch the trial. When MF was testifying about them sitting in the firetruck and going to target and getting clothes, MF said CY kept trying to tell her someone was there and she kept referring to her father. Do you also know that the Young's kept CY away from the Fisher's and even returned christmas gifts? The Fisher's have never acted out in that way. After MF got custody of CY, she let them visit her. The Fisher's have shown more class throughout the entire 8 years than the Young's have in their pinky toe. Oh and good old Kim Young, Jason's sister got on the old IS boards and trashed MF and LF.

how does "kept trying to tell her someone was there" leap to evidence that she was referring to her father? I don't know any 2-year-old who would call her father as "someone." And evidently CY didn't do that if she also referenced her father to Meredith and Meredith knew she meant her father.

I'm not going to engage in the bashing or rumor mongering of either family.

 

[Landonsmom02]

Excuse me? I don't believe he's a narcissist. No evidence in court of it. His mother has nothing to do with the appellate decision.

Yes he is. That's my opinion. I know that appellate decision is not because of his mom. I was replying the the quote about him taking a plea. He won't, imo. His ego is too big and his mom thinks he is perfect and would never let him take a plea, imo.

 

[Nymeria]

Biting is not common amongst young children. I was not bitten as a child, I did not bite other children as a child, and my children did not bite each other or other children.

*Respectfully snipped & BBM*

Otto, have to disagree with you there.
A lot of kids "bite".
Just google "biting toddlers" and see how many hits you get!
Here is a bit from WebMD-

"Biting is a normal part of childhood development. Young children bite for many different reasons, from teething to seeing what reaction it will provoke. Many children between the ages of 1 and 3 go through a biting phase which they eventually outgrow."

http://www.webmd.com/parenting/guide/stop-children-from-biting

There is always one or two in daycare who are known biters.
Just speaking from personal experience.

 

[MyBelle]

It's your speculation that they interpreted her play. She was asked what she was doing and she said mommy is getting a spanking for biting. She was also withdrawn that week after the murder and kept to herself. Noone pyschoanalyzed her. They just reported their observations.

Where is the evidence that mommy had ever bitten daddy? The child's comments make absolutely no sense other than show she may have observed the assault on her mother (which was what the court said) and that the child's interpretation was her way to try to understand why Mommy was being "spanked."