Trial Delayed until at least January

[tarheel8600]

most likely CY walked into the bedroom just as JY had finished his attack on Michelle. He picked her up and took her into the bathroom, maybe locked her in or told her to stay.

He then pushed Michelle's body out of the way so that he could get into his closet, rifiled through the jewelry box removing drawers in an attempt to make it look like burglary.

He would have cleaned himself up, removing his outer layer and putting this and the gloves, murder weapon in a trash bag (garbage bag?), then went back to the bathroom and picked CY up again - maybe took her to her room and used baby wipes to clean her feet.

imo, of course.

I think CY walked into her mom and dad's bedroom either at the tail end of the attack or right after the attack. When JY saw her, I believe he put her in the bathroom and possibly locked her in there until he could finish staging the robbery and get a change of clothes for himself out of his closet.

I believe he cleaned her up before he cleaned himself up to avoid getting any of Michelle's blood on his change of clothes. After cleaning her up, I believe he had her go to her bedroom, and he probably locked her in there so that she wouldn't go back into her mother's room and get blood on her again. This would have given him time to clean himself up outside and change his clothes. He then went back upstairs, gave Cassidy medicine to make her sleepy, and then placed her in his bed.

This is just my opinion on how things could have happened with regards to Cassidy that night and why Cassidy said on the 911 recording that "Daddy did it."

I am open to hearing what others think happened between JY and Cassidy that night.

 

[MyBelle]

This one works:

http://www.wral.com/specialreports/michelleyoung/video/9753208/#/vid9753208

Camera goes black at 11:20 PM, comes back on at 5:50 AM goes back off at 6:35 AM.

Starting at about 24 minutes, he talks about the camera.

The question is, though, although Jason checked in at 10:54, he is presumably up in his room on his computer or something until shortly before midnight. Then he goes down the hall towards the camera. He is not seen heading towards the camera or anywhere near the camera at 11:20 PM. How does the prosecution explain this? Also, if the camera went black at 11:20, why did the night audit guy not notice that it was black until 3:30 or 4 in the morning even though he was in the same room as the security camera feed? The time lines aren't adding up ... and there is that small problem of "false or misleading" evidence associated with NC justice. I'm inclined to believe the night audit guy over an officer that publicly claimed a man guilty before he had a trial.

BBM Absolutely! Good questions! Why didn't they show the jury the video to support Spivey's claim that the video went black at 11:20 PM and came back on at 6:35 AM? My guess is that it is exculpatory and the defense never got to see all of it. Spivey joined the case in April, 2007 and the video was still around if he saw it. Why didn't the jury get to see the proof about the security camera? The prosecution wants them to believe it was unplugged. Prove it!!

This was 40 minutes prior to Jason being seen at the front desk and is a total contradiction to their own theory that he is the one who unplugged the camera and placed the rock in the door as he left the hotel. The rock was removed between 3:30 and 4 AM, according to Hicks. Entry to the hotel after that had to be thru the hallway entrance doors that were locked 24/7 or the front entrance and all had working security video cameras.

JMO

 

[Just the Fax]

just so you know mybelle, the defense had a copy of the same video tape used at the hotel. If there was anything exculpatory, rest assured they would have used it.

 

[Just the Fax]

I think CY walked into her mom and dad's bedroom either at the tail end of the attack or right after the attack. When JY saw her, I believe he put her in the bathroom and possibly locked her in there until he could finish staging the robbery and get a change of clothes for himself out of his closet.

I believe he cleaned her up before he cleaned himself up to avoid getting any of Michelle's blood on his change of clothes. After cleaning her up, I believe he had her go to her bedroom, and he probably locked her in there so that she wouldn't go back into her mother's room and get blood on her again. This would have given him time to clean himself up outside and change his clothes. He then went back upstairs, gave Cassidy medicine to make her sleepy, and then placed her in his bed.

This is just my opinion on how things could have happened with regards to Cassidy that night and why Cassidy said on the 911 recording that "Daddy did it."

I am open to hearing what others think happened between JY and Cassidy that night.

The only difference for me is I think CY walked in while JLY was cleaning himself up...hence the tiny prints in the closet and her doll beside her mom.
When he came back up, he discovered her. He then carried her to the bathroom and closed the door, again while he tended himself. He may have bloodied himself again and needed to change a second time?

 

[MyBelle]

just so you know mybelle, the defense had a copy of the same video tape used at the hotel. If there was anything exculpatory, rest assured they would have used it.

Until I see real proof that the defense has copies of all the security video examined by Spivey, I'll continue to hold the opinion that the defense didn't get it.

iirc, there was just a hearing last month where the defense made it clear to the Judge they are looking for exculpatory material they believe is in the possession of the WDS lawyers. Spivey testified in that case as well.

JMO

 

[MyBelle]

Tell you what, instead of reading news accounts of the trial form a reporter, you may want to watch the actual testimony.

The postal clerk did not say "mini-van" with 2 people. She specifically called it a 'soccer mom' car.

fyi: soccer moms do drive mini-vans.

 

[Just the Fax]

Until I see real proof that the defense has copies of all the security video examined by Spivey, I'll continue to hold the opinion that the defense didn't get it.

iirc, there was just a hearing last month where the defense made it clear to the Judge they are looking for exculpatory material they believe is in the possession of the WDS lawyers. Spivey testified in that case as well.

JMO

Keep dreaming Belle.
If that were the case, Collins and Klink would have made a federal case out of not getting full discovery.

WD evidence was NOT part of the criminal trial. They had no obligation to share anything. Shows they are desperate now and on a fishing expedition.

 

[Just the Fax]

fyi: soccer moms do drive mini-vans.

Again, go back and watch the testimony. She said it was not a mini-van.

 

[MyBelle]

It may be that he assumed Jason was unable to come up with $900,000.

That's not an assumption a Judge would make. He wasn't required to allow any bail at all. Judges quite often don't allow bail for those charged with murder. Jason sat in jail for more than a year prior to the first trial.

JMO

 

[Just the Fax]

That's not an assumption a Judge would make. He wasn't required to allow any bail at all. Judges quite often don't allow bail for those charged with murder. Jason sat in jail for more than a year prior to the first trial.

JMO

Judge Stephens has allowed bail for every high profile murder case I can recall. The only exception are DP cases.

 

[gracielee]

That's not an assumption a Judge would make. He wasn't required to allow any bail at all. Judges quite often don't allow bail for those charged with murder. Jason sat in jail for more than a year prior to the first trial.

JMO

He could also just as easily set bail and half a million or quarter mil., but he didn't.

:great:

 

[MyBelle]

Again, go back and watch the testimony. She said it was not a mini-van.

I saw her testimony and so did the news media and 8 jurors who voted not guilty.

You can twist her testimony all you like but the fact is the majority found her credible and her testimony won't change at the next trial.

JMO

 

[MyBelle]

He could also just as easily set bail and half a million or quarter mil., but he didn't.

:great:

The amount is irrelevant as well as moot. Jason could have met a lower bail and he's shown up for trial.

JMO

 

[MyBelle]

Judge Stephens has allowed bail for every high profile murder case I can recall. The only exception are DP cases.

Jason sat in jail for more than a year prior to the first trial and this isn't a DP case.

JMO

 

[MyBelle]

Keep dreaming Belle.
If that were the case, Collins and Klink would have made a federal case out of not getting full discovery.

WD evidence was NOT part of the criminal trial. They had no obligation to share anything. Shows they are desperate now and on a fishing expedition.

BBM. Spivey did testify at the wrongful death trial and testified at the first criminal trial. His testimony is evidence.

I have no problem believing they are going to make this a federal case.

JMO

 

[Just the Fax]

Jason sat in jail for more than a year prior to the first trial and this isn't a DP case.

JMO

He never asked for a bail hearing.
You knew that, right?

 

[Just the Fax]

BBM. Spivey did testify at the wrongful death trial and testified at the first criminal trial. His testimony is evidence.

I have no problem believing they are going to make this a federal case.

JMO

Again, you missed the point.
Carry on.

 

[Just the Fax]

I saw her testimony and so did the news media and 8 jurors who voted not guilty.

You can twist her testimony all you like but the fact is the majority found her credible and her testimony won't change at the next trial.

JMO

I'm not twisting anything, just correcting you when you state something as fact and it's not.

We will see how she holds up in the next trial.
I have the feeling the state has dug up a few things about her credibility....we'll see.

 

[NCEast]

JTFax, am I recalling correctly that you personally knew J & M Y? If so, I can't imagine how having to go through the trial a second time is tearing you apart and I'm so sorry.
I feel really bad for her mom and sister too, especially since we all thought the first trial was solid.

 

[gracielee]

The amount is irrelevant as well as moot. Jason could have met a lower bail and he's shown up for trial.

JMO

And yet he hasn't paid a penny of the money he owes in the wrongful death decision. Shades of O.J. :waitasec: