State vs Jason Lynn Young 2-15-2012

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  • #441
  • #442
The Adias was in Brevard. There was a blood spot on it with unknown dna. The expert retrieved a complete profile and ran it through the database for criminals. There was no match.
 
  • #443
So you are saying if a juror believes that his refusal to help LE in any form is a sign of guilt, they rule against him, that they have to tell anyone that they thought this and was one of the reasons they voted to convict him. They have to do no such thing. A juror can make up their own mind, regardless of instructions to abide by this or that rule of law. When do they have to say this was ONE of their own personal reasons? Who will know if they do not?

Not directed at me, but I don't think the jury should be required to give a reason as to why they came to a certain verdict.

Essentially the court is going by the honor code and trusting jurors to do their part in providing the defendant with a fair trial by respecting his/her rights and making a decision based on the evidence. The court says that invoking one's rights should not be used as evidence of guilt.

JMO
 
  • #444
It seemed to me they did bring up JY's lack of talking to LE after MY was murdered, up and to the time of his testimony at trial. During closing they even gave the specific # of days from when MY was murdered, and the pros FINALLY heard his whereabouts, story, alibi..............

So, did he open himself up to this being brought into the first trail by testifying? IF so, does that mean they can bring it up here, during the retrial?

TIA
fran

Yes, the prosecution team did bring it up repeatedly. But then Young testified and others also testified that his silence was on the advice of counsel. At the conclusion, the Judge issued an instruction that the jury could only use his silence to determine the credibility of his testimony. They could not use it as evidence of guilt.

JMO
 
  • #445
Well that is your right, myself I would do absolutely anything to help find the killer(s). Just because it is the lawyer's 'advice' doesn't necessarily make it right in all instances IMO.

No but if LE is clearly considering you as suspect you in an investigation you might change your opinion on following your lawyers advice.
 
  • #446
It seemed to me they did bring up JY's lack of talking to LE after MY was murdered, up and to the time of his testimony at trial. During closing they even gave the specific # of days from when MY was murdered, and the pros FINALLY heard his whereabouts, story, alibi..............

So, did he open himself up to this being brought into the first trail by testifying? IF so, does that mean they can bring it up here, during the retrial?

TIA
fran

I know they said that was the first time he told his story and why did he wait so long to tell it and the days and all. that's a fine line but that's not the same as saying he refused to talk to the police so it may have been just that - a clever thing. however, a refusal to talk to the police can come in in certain circumstances.

i apologize for the short answer but gotta run see Les Mis!

here's a nice blog on the very topic though:

http://sogweb.sog.unc.edu/blogs/ncclaw/?p=2757
 
  • #447
  • #448
Bumping for 2sharpe2 anyone know? My brain is foggy on exact times.

Originally Posted by 2sharpe2
Hi I am new to WS been reading alot of catchup, You all sound like you know what you are talking about, so hopefully you don't roll eyes at me haha..My question is when does LE think JY got back to the Hampton Inn that morning, I also read a worker at the HI found the rock holding open the door, what time was that..Thanks for any info..
 
  • #449
I've read the theories that Jason showered in the back yard in the middle of the night in November, but is the prosecution suggesting that the child also did this? For what reason? I think it's quite likely the child played with the hose in warm weather ... but I really don't think tying a child to a hose in the backyard does anything to convict Jaosn of murder.

Wasn't Jayson mowing the lawn and putting up a hammock before starting out on his business trip? If so this could explain why the water hose was leaking. If CY was with her dad helping, which my granddaughter is in the yard with daddy or anyone else working and riding the lawn mower, just being a little helper. when finished, the two walked over to rinse their legs and feet off, which is a must at my house, CY probably wanted to turn the faucet on and off. Not being able to tighten the faucet left it leaking and daddy did not notice. Sometimes the answers can be very simple. MOO
 
  • #450
JY got back to HI around 6:30am. The camera was then pushed up to the ceiling at 6:35am.

The rock was found in the door at 5:50am. At the same time the HI employee also found that the video camera on that exit had been unplugged. It had been unplugged since 11:20pm the night before. This is the exact same camera that would, in about 45 min, be pushed up to the ceiling after being plugged back in and checked.
 
  • #451
The Adias was in Brevard. There was a blood spot on it with unknown dna. The expert retrieved a complete profile and ran it through the database for criminals. There was no match.

I think the Adias shoe is a total nonstarter. The witness testified on redirect that this shoe was collected couple of yrs after the murder. Totally irrelevant IMO.
 
  • #452
Or the rest of the dna is on the missing drawers. So no.

There is no missing DNA. The DNA found does not match any individual they tested against that had been in the house including JY
 
  • #453
I am very frustrated with all this back and forth arguing about what the last jury did... we are in a new trial.

perhaps we will be able to get one of our verified lawyers down here to have a q and a thread....

(will work on that for you all)...

can we please stop the back and forth bickering?

Thanks guys...

Bumpity.
 
  • #454
If JY did take CY outside to wash her feet that could explain the blood on the downstairs door knob. When I carry a child with dirty feet, I hold their back against my chest with their feet sticking out in front. Has the DNA expert testified about that blood?
 
  • #455
JY cannot be excluded as a contributor of the DNA on the jewelry box. That doesn't mean it matches him, only that he cannot be excluded as a source.
 
  • #456
I know they said that was the first time he told his story and why did he wait so long to tell it and the days and all. that's a fine line but that's not the same as saying he refused to talk to the police so it may have been just that - a clever thing. however, a refusal to talk to the police can come in in certain circumstances.

i apologize for the short answer but gotta run see Les Mis!

here's a nice blog on the very topic though:

http://sogweb.sog.unc.edu/blogs/ncclaw/?p=2757

Enjoy Les Mis!

Jason refused to speak before he had received the advice of any counsel. His refusal to cooperate was based on his own devices (possibly his "friends" Ryan and Josh influenced him as well). He was not in custody or Mirandized (sp?) until 3 years later. Anyway....
 
  • #457
Trying to catch up here.

Someone asked about the reliablity of eyewitness testimony. Poor Otto I know I harp on this but it is so very vital especially when the only person that puts in at the gas station has changed or her story has been rehabilitated.

"The most common element in all wrongful convictions later overturned by DNA evidence has been eyewitness misidentification"

http://www.innocenceproject.org/fix/Eyewitness-Identification.php
 
  • #458
I think the Adias shoe is a total nonstarter. The witness testified on redirect that this show was collected couple of yrs after the murder. Totally irrelevant IMO.

Agreed. We know he played basketball in Brevard after the murder. He could have gotten a drop of blood on his shoes from anyone during a game. Irrelevant to the case IMO.
 
  • #459
Me either , maybe there is a link?

and, all expert testimony can do that, lol.

CY and only hers found on the faucet.. Shocked me but help me understand why hose was leaking. You can tell from photo how slow the leak is by how much water on the sidewalk.
 
  • #460
I think the Adias shoe is a total nonstarter. The witness testified on redirect that this show was collected couple of yrs after the murder. Totally irrelevant IMO.

I agree and didn't understand why the DT would bring it up other than to muddy the water.
 
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