SBI probe into possible juror misconduct

[otto]

Do we have an update on this investigation yet? It seems to be taking a very long time.

Salem

It's pretty shady between the forensic lab that was prevented from testifying about blood spatter evidence because of irregulatities in the lab and a justice system that seems to lack objectivity.

I'm pretty sure it will be decided that the jury was intact and that everyone should be quiet and go away.

 

[Just the Fax]

Do we have an update on this investigation yet? It seems to be taking a very long time.

Salem

it seems the whole thing was a nothing more than some nutcase on facebook desperate for attention.

 

[ohiogirl]

It's pretty shady between the forensic lab that was prevented from testifying about blood spatter evidence because of irregulatities in the lab and a justice system that seems to lack objectivity.

I'm pretty sure it will be decided that the jury was intact and that everyone should be quiet and go away.

I am not sure I am understanding you. Because of improprieties at the forensic lab, they were not permitted to testify. But, because of improprieties at the forensic lab, wouldn't any testimony on their part have been challenged? So, what could they testify to believably?
I am sure if there was blood spatter evidence that would have benefited the defense, the defense would have hired their own expert to bring it in. jmo

 

[Velouria]

It's going to end just like it always does .. like the monkey business between the forensic lab and the prosecutor's office. The inquiry into whether there were irregularities in the jury will be swept under the carpet as a "nothing". That'll be that, and the question of whether one jury member was communicating with the public during deliberations will be made to appear as nothing more than a hair appointment.

Do you think this alleged text about the jury split would have made a difference had JY been acquitted?

The irregularity must be shown to have influenced the vote in order to prove grounds for mistrial. I don't see how this supposed text would even come close to meeting that standard.

 

[Madeleine74]

I don't understand what allegations against the SBI (from the 1990's up to 2000?) have to do with JY's case in 2006 and his subsequent trials in 2011 and 2012, and how any of that has anything to do with the alleged texting by a juror to a hairdresser, giving the jury voting split info.

The SBI stuff seems unrelated to me, and not relevant to this particular case in that no one has questioned the DNA results, Dwayne Deaver did not testify in this case, and the issues with the SBI occurred long before MY's murder.

The only blood spatter "analysis" was the pointing out that a partial print that had JY's DNA was found on the sheet rock near his wife's body, and that particular partial print was not covered in any blood spatter from MY's blood. I didn't see the defense countering what the CCBI agents did and neither did they impeach the results obtained by the SBI with the DNA results.

 

[cody100]

If this was simply a nut case on FB, then this incident would now be over with. IMO
The longer this takes, the more serious I think we can assume this situation might be. Of course, that is my opinion.

Personally, I think any communication with the outside regarding the trial and especially during the verdict count is so outrageous to simply sweep it under the rug. And that doesn't matter what the verdict was. I am glad to see the SBI do a thorough and indepth investigation on this matter, and I hope it is just a bored FB person and not more serious. My guess is no this is not enough for a mistrial under the law.

 

[Madeleine74]

How do we know this investigation isn't over? Does it require confirmation by the media?

 

[fredwomble]

it seems the whole thing was a nothing more than some nutcase on facebook desperate for attention.

Last week when this broke, I found the facebook page for the woman in Burlington who started this (everyone knows, her first name is Jennifer). She had five or six wall posts at the time and they were all about crime stories in the Triad area. This case was Triangle, of course, but as I noted in my lengthy return post Monday, Burlington was a bit character in the trial. It was pretty clear that Ms. Jennifer is out there just a bit. To believe she would have information about the trial is very far-fetched. I applaud the SBI and Judge Stephens for being proactive in this matter, and trust the entire truth will be discovered, and that it will have zero bearing on the outcome of the trial or any future appeals.

 

[gracielee]

I don't understand what allegations against the SBI (from the 1990's up to 2000?) have to do with JY's case in 2006 and his subsequent trials in 2011 and 2012, and how any of that has anything to do with the alleged texting by a juror to a hairdresser, giving the jury voting split info.

The SBI stuff seems unrelated to me, and not relevant to this particular case in that no one has questioned the DNA results, Dwayne Deaver did not testify in this case, and the issues with the SBI occurred long before MY's murder.

The only blood spatter "analysis" was the pointing out that a partial print that had JY's DNA was found on the sheet rock near his wife's body, and that particular partial print was not covered in any blood spatter from MY's blood. I didn't see the defense countering what the CCBI agents did and neither did they impeach the results obtained by the SBI with the DNA results.

The SBI lab is dragged into everything, regardless of timeframe, whether or not they were even involved in the case, etc. IMO, a continual smoke screen to be used at will. :moo:

 

[Madeleine74]

The SBI lab is dragged into everything, regardless of timeframe, whether or not they were even involved in the case, etc. IMO, a continual smoke screen to be used at will. :moo:

You articulated well exactly what I was thinking.

It's along the same lines as there has been the occasional crooked cop in cases, therefore since "it's happened before somewhere, and it could happen again," that means all cops are crooked in all cases, whether or not there's any verifiable evidence of that.

And because of a bad DA in Durham County (Nifong) that means all DA's across the state are crooked too because "it happens."

You know, some people cheat on their taxes. Does that mean everyone cheats on their taxes? How would any of us feel if we were accused of cheating, with the logic, "well it happens all the time."

 

[gritguy]

If I were trying to show the whole system is corrupt, from the sheriffs, to DA's, to the judges, to the jurors, and to the SBI - all at the same time, I probably wouldn't choose JY as the horse to ride toward that windmill. He's a convicted murderer, the status of which he brought on himself by his own actions.

 

[cody100]

I think the police work on this case, including the SBI and FBI, was outstanding. Most people have no idea how many hours are spent at the crime scene, investigatory work, laboratory work, and even the DA's office. Remember that the puzzle they put together for us was in bits and pieces with no image to follow as they put the pieces back together.

As to whether this investigation is over, I have no idea. I would think JS and the court system would want to make public this information once the investigation is complete, especially if the findings are insignificant. MOO

 

[Madeleine74]

Funny you should mention that, Cody. That was something Sgt. Sternberg mentioned the day I chatted with him. He said the number of hours they each put into this case...chasing down leads, following up just about everything they or anyone could think of, and this went on for years! This is how they work all their cases.

When you see them on the witness stand you are getting a tiny fraction of what they've done--and that is just showing the evidence the state is entering. What no one sees is how much work it's taken to get them to the point where a case can be accepted by the DA's office and then taken to trial.

There was nothing shoddy about WCSO's part of this investigation. There are always things that could be done better (CCBI learning to seize vacuum cleaners, for instance), but perfection is elusive and when you have to work with other agencies, you deal with the realities of that.

 

[Madeleine74]

If I were trying to show the whole system is corrupt, from the sheriffs, to DA's, to the judges, to the jurors, and to the SBI - all at the same time, I probably wouldn't choose JY as the horse to ride toward that windmill.

And would you use Brad Cooper as that horse either? Would he be your poster boy for a wrongful conviction? No SBI problem there.

Now Ryan Ferguson of MS. That case is one that will break your heart and that is a wrongfully convicted person, based on the weird and faulty 'dreams' of his friend, who confessed to the murder and then said Ryan was there too.

As for the SBI probe in JY's case, I imagine it does take some time to run down the calls and text messages and interview all 12 jurors and anyone they may have talked to, even innocently. Probes can be...ummm....intrusive (I hear).

 

[gracielee]

Funny you should mention that, Cody. That was something Sgt. Sternberg mentioned the day I chatted with him. He said the number of hours they each put into this case...chasing down leads, following up just about everything they or anyone could think of, and this went on for years! This is how they work all their cases.

When you see them on the witness stand you are getting a tiny fraction of what they've done--and that is just showing the evidence the state is entering. What no one sees is how much work it's taken to get them to the point where a case can be accepted by the DA's office and then taken to trial.

There was nothing shoddy about WCSO's part of this investigation. There are always things that could be done better (CCBI learning to seize vacuum cleaners, for instance), but perfection is elusive and when you have to work with other agencies, you deal with the realities of that.

Hindsight is always 20/20. I recall the Ann Miller Konce case, how the detectives actually went down to Wilmington to stake out her house there. Discover her new job, watch her house, her comings and goings, etc. I learned so much more about Miller and her activities both prior to her husbands murder, and following the murder through Amanda Lamb's book on the case. Also the Stephanie Bennett murder. Same sort of thorough investigation. If there's one thing I've found with Raleigh & Wake Co. they certainly aren't of the 'rush to judgement' mindset IMO. Me? I'd have swarmed down on Anne Miller much sooner. I thought they'd never nail her. But they bided their time and forced a plea from her.

 

[Allusonz]

And would you use Brad Cooper as that horse either? Would he be your poster boy for a wrongful conviction? No SBI problem there.

Now Ryan Ferguson of MS. That case is one that will break your heart and that is a wrongfully convicted person, based on the weird and faulty 'dreams' of his friend, who confessed to the murder and then said Ryan was there too.

As for the SBI probe in JY's case, I imagine it does take some time to run down the calls and text messages and interview all 12 jurors and anyone they may have talked to, even innocently. Probes can be...ummm....intrusive (I hear).

Bouncing off your post specifically due to the Ryan Ferguson case for no other reason.

OT The Ryan Ferguson case is a travesty and I suspect the now Judge Crane may be facing some tough questions. Ryan's hearing has now been set for April 16 2012 for those following. These are issues I see off the top of my head. I know I have not listed everything.

I don't believe that one issue will necessarily be grounds for a mistrial. The juror investigation is only one aspect.

I do believe it could be a combination of a number of issues/rulings along with some LE mistakes, specific to this case, when put together like a puzzle that could result in one. Please note the "could".

The same judge presided over all cases involving JY and some of his rulings I do not believe to be impartial.

Instructing the jury the on a 2nd degree murder charge "in concert" even though the prosecution did not request this.

Allowing Gracie's testimony after a hearing even though she could not describe the individual right down to her stating she that he had a little hair.

Allowing the daycare employees partial testimony.

Was this judge informed of this possible jury misconduct prior to the verdict?

There were blunders by LE which left me hanging and I must ask myself was this the purpose? The biggest one for me was not ensuring that an inventory was done of the contents of the suitcase even though there are specific protocols for doing so. Many say the jury was able to view the contents but since there really is not an inventory of what was originally seized we cannot assume they saw everything. (Yes I have seen the items listed on the search warrant but it does not include the contents of the suitcase ) . This is required by law to ensure that LE remains on the up and up. I have seen too many cases where one bad apple thinks he is helping "move the case in the right direction".
It reminds me of Mark Fuhrman who planted evidence in the OJ trial (which he was subsequently found guilty of felony perjury) yet everyone talks about the glove.

LE not submitting their DNA to rule out them as be potential contributors.
LE requesting his clothing much later not immediately.
No photo lineup by LE with Gracie.
Not having Gracie review 60 days of video specifically to find the regular customer.
LE not having CY taken to a medical facility immediately to be checked.
LE not immediately looking into their financial background and that search warrant was issued just prior to this trial tells me that there really was not a proper investigation done.

ME not performing a rape kit even though requested by LE just because she had clothes on.

No valid reason/explanation as to what happened to CY's pajamas. Supposedly they are clean but blood was found on them. Scratches head over this.

Just some thougths....

 

[dja230]

Oh my lord about says it all, Mark Fuhrman planting the glove, please.

 

[Madeleine74]

I understand the issues you see. It's interesting the defense team didn't see some of these same things as a problem, particularly with regard to the judge. Nor did the defense seem to have a big concern with the lack of a rape kit. The defense conceded early on that no one sexually attacked MY (one reason was they wanted to point their finger at the sister).

As for the rest of the items on the list, I don't think they'll create a winning appeal. This judge in particular is admired in general by all sides and he is the senior and supervising superior court judge. JY is toast, IMO.

 

[cody100]

I think I will wait for the SBI investigation before I make any predictions on mistrial or appeals. Particularly since it is taking so long.

 

[Allusonz]

Oh my lord about says it all, Mark Fuhrman planting the glove, please.

My point exactly. It is not about a glove.

It is about one individual from LE that did something that put the integrity of the investigation in doubt which in turn casts doubt on the other LE that were involed in the investigation.

It happens more often than many think...