State vs. Jason Lynn Young 2-23-2012

[Boodles]

oh I get it. She would post his $900K bond, but would not front him $ for a custody trial? I guess that's their point?

 

[gritguy]

I think that's some fancy lawyering, but I'll buy into it. I didn't see the ruling either, but that makes sense.

Stopping work to watch. :innocent:

This is a sporty line that I assume is for a very limited purpose. Want to see what the deal is here.

 

[Madeleine74]

CLERK of the court is testifying (Laura someone).

The judge has issued instructions to the jury on how a civil lawsuit works and that someone does not have to respond to it and that guilt is not the decision like it is in criminal courts but that the respondent has 30 days in which they need to respond and that's what the paperwork instructs them to do.

The jury has so far learned that Pat Young, JY's mother put up 5 pieces of property for his bond worth over $1.1M. She had no liens on the property and owns the property outright.

They are now learning about the civil case being filed and what the Clerk of the court does, what documents are submitted, how they are distributed, etc. They are learning the terms, hearing about "summons" used, have been informed that Linda Fisher as the executrix filed the case.

 

[cityslick]

What stops the defense from putting JY on the stand and asking him why he didn't respond to the lawsuit and he comes up with something like 'I believe her family deserved the money'?

 

[gritguy]

oh I get it. She would post his $900K bond, but would not front him $ for a custody trial? I guess that's their point?

If that's case, I would think the defense side that PY is not on trial, and her motives on what to pay or not pay or not relevant. I think if the idea is JY could have fought the custody suit, it should be based on what he had, not his family.

Dicey, if this is the reason.

 

[gritguy]

What stops the defense from putting JY on the stand and asking him why he didn't respond to the lawsuit and he comes up with something like 'I believe her family deserved the money'?

They certainly can.

 

[dmaxphil]

This does not prove that Jason young has money. This only proves that Jason's mother owns property worth $1 million +. Not sure I see how this is "proof" that he lied about having money.

So it is assumed that she should be willing to sell her property or take a loan out to fight Jason's battles?

 

[otto]

It doesn't prove he committed murder, but it does point towards him being a liar. You add in he denied having anything to do with his wife's murder, well, you get the point.

JMHO
fran

Lying about the reason for not pursuing custody, given the various things going on in his life at the time, doesn't seem relevant to me. I think most people would understand that he was not doing well at the time and perhaps gave up. That is, he was out of work, lost friends and family, nothing was going well for him ... then his in laws made a move for custody ... some people would just give up. When asked why they gave up, they may say they didn't have the funds to fight, but that could be only half the story. I understand that Jason's claim that he didn't have funds opened the door for this testimony, but I'm sceptical that this is helping the prosecution.

 

[fran]

Listening now. Wish I'd heard how this line of testimony (civil suit and complaint etc.) got started. This is a very sporty area to be in! It would not normally be admissible, IMO. There must be a special purpose.

Most of this mornings testimony was about $$$$. I think this points towards discrediting JY's video testimony where he said he didn't have enough money to fight for custody. He also said, or it was brought out MY had a $50K, double indemnity life insurance.

But there was a $1M policy that JY increased himself in 9/06 for MY to $2M, double indemnity and he had $$ in the bank and he had access to his mom's $900K property line of credit, as evidenced by him being out on bail.

That's what I"m getting out of all this.

In other words, they're showing JY is a liar. Even under oath!

JMHO
fran

 

[Whimsigal]

I am tripping out. I went to elementary, junior, and high school with this witness. I believe she is running for some kind of office right now, too.

 

[Wolfpack]

What stops the defense from putting JY on the stand and asking him why he didn't respond to the lawsuit and he comes up with something like 'I believe her family deserved the money'?

I think, for once, he should try the truth. If I were a juror, and the defendant said "I didn't respond to the lawsuit, because I knew it would damage my chances at the criminal trial, and I was advised as such by my attorneys," then I would believe him, and respect that. Spewing other lies doesn't help him.

 

[cityslick]

I don't agree. It actually, to me, shows he cared too much about money. Or, he's guilty and didn't want to answer questions about MY's murder in front of a court of law.

JMHO
fran

BBM

Only problem with that is the DT will say he had no problem getting up on the stand in the first trial to answer questions about MY's murder. It's not his fault that BH didn't question him properly.

 

[octobermoon]

Thanks Gritguy.

 

[Turnadot]

I'm not a lawyer, nor do I play one on TV, but I would think this is a risky move on the judge's part.

 

[Madeleine74]

We know from yesterday's testimony that JY had approximately $60K in an account available to him. He gave $6K each to his mother and sister from that account.

He HAD money in which to retain counsel on a custody issue. He says he didn't and that's why he handed custody over even though the Fishers didn't ask for custody. That is a lie.

That $60K has nothing to do with his mom and her properties. That was JY's money.

 

[gritguy]

This is where I thought they were going last night. (To force the defense to present something) Wasn't sure how to frame my questions on it and thought for sure it wasn't admissible.

I was just coming home last night but I did run some quick research, and IMO it normally would not be. Watching to see what the permissible line would be. NC courts, from what I was reading last night, have been more conservative than other states regarding prior judgments and even collateral estoppel and res judicata (using prior litigation the topic to either bar subsequent proceeding or as proof of facts necessary to the prior proceeding as established in the current case).

:waitasec:

I can't imagine this coming in unless their was a ruling that JY opened the door in his testimony. May learn something today! Dicey!

 

[octobermoon]

Slayer statute?

 

[otto]

I am tripping out. I went to elementary, junior, and high school with this witness. I believe she is running for some kind of office right now, too.

Has she been doing that little smile thing after everything she says all her life?

 

[Madeleine74]

SLAYER STATUTE!

This is how JY got that "Slayer" title, btw.

It was through the default of this legal action and the judgement entered by the court.

Cannot recover any life insurance proceeds.

Is liable for damages/claims.

Paragraph 6 of civil complaint: says "JY brutally murdered MY at their residence." That is in the civil complaint.

No pleadings or response was file by the defendant or on behalf of defendant. No motion for extension of time was filed.

 

[Talina]

I was just coming home last night but I did run some quick research, and IMO it normally would not be. Watching to see what the permissible line would be. NC courts, from what I was reading last night, have been more conservative than other states regarding prior judgments and even collateral estoppel and res judicata (using prior litigation the topic to either bar subsequent proceeding or as proof of facts necessary to the prior proceeding as established in the current case).

:waitasec:

I can't imagine this coming in unless their was a ruling that JY opened the door in his testimony. May learn something today! Dicey!

It was quick but I sure thought I heard the judge allude to the DT questioning of MF on cross had somehow opened the door to this testimony.

IMO