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Thread: Appeal filed in jy murder conviction

  1. #26
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    so the judges say they are going to take a brief recess and wral cuts the feed; the live feed; and already is replaying. They were not finished. Geez.
    Dont Be A Sheep

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  3. #27
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    Quote Originally Posted by Cherry View Post
    so the judges say they are going to take a brief recess and wral cuts the feed; the live feed; and already is replaying. They were not finished. Geez.
    They were finished with the Young hearing. The recess was called before the next appeal was to be called

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  5. #28
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    I'm confused
    K.I.S.S.

  6. #29
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    Quote Originally Posted by Boodles View Post
    I just saw that. What took them so long? Poor Mrs. Fisher, Meredith and Cassidy, although they knew this was coming.

    I followed this trial. I can't find the juror instructions, but no way Judge Stephens said the jury could construe his silence as evidence of guilt! To the contrary, asI recall, because it made me cringe to hear his silence could not be used against him. but the defense must have some basis or that issue to be raised. Does anyone know where I can find a copy of the instructions or can you explain?

    We knew the teacher's testimony about the dolls would be one basis for appeal (right to confront accuser grounds).

    Anyway, I love Judge Stephens. I trust his judgment.
    HiYa, Boods - I'm way late on coming into this, and your request above may have already been answered, but anyway, here is the WRAL livestream of Judge Stephens' charge & instructions to the jury:

    http://www.wral.com/specialreports/m.../#/vid10805888

    This whole thing angers me -- the evidence was there and this awful man is guilty, guilty, and guilty.


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  8. #30
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    Quote Originally Posted by Madeleine74 View Post
    The 5th amendment and the right to remain silent means that no person can be compelled to testify against themselves in a criminal proceeding. It doesn't apply to civil cases, and it means nothing in terms of speaking to friends & family as they are not law enforcement. There are some exclusions, such as excited utterances can be used against a person even if/when they've been mirandized (or not).

    The fact that JY declined to ever speak to his friends and wouldn't talk to anyone about the murder, including answering the civil subpoena and custody/visitation lawsuit is not a protected right and a logical inference can be made there's a reason he refused to speak to his family, his friends, the civil lawyers and other non-government parties.

    A jury can't hold it against a defendant who doesn't get on the stand and testify (although JY did in trial #1 and finally locked himself into a BS story that came back to bite him big time), but they sure can wonder why that same defendant defaulted on civil matters and refused to talk to friends and kept little CY from seeing her aunt and grandma for no good reason. Ahhh but wait...there was a good reason.... turns out little CY was talking about what she saw that fateful night/morning and it was right after that she was spirited away.
    bbm

    Excellent comments, Maddie!

    I don't know about the 5th, but as to my bbm, the defendant is advised that he/she has to answer all questions -- as Brad Cooper was in the custody hearing of his daughters.

    Note: IANAL.
    Last edited by borndem; 12-12-2013 at 08:55 PM.


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  10. #31
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    Quote Originally Posted by Just the Fax View Post
    They were finished with the Young hearing. The recess was called before the next appeal was to be called
    RPD so what is the next step? Months from now we will get an answer??
    JUSTICE FOR MICHELLE AND RYLAN


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  12. #32
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    Quote Originally Posted by Landonsmom02 View Post
    RPD so what is the next step? Months from now we will get an answer??
    Yes, it will be 3-5 months before the Judges make their ruling on the appeal.
    I like Howard's take...

    Cummings said he's optimistic about the appellate ruling.

    "I believe that the case against Jason Young was tried free from error, and our office and the Attorney General's office is confident that the Court of Appeals will affirm his conviction," he said.

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  14. #33
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    Maybe I had rose-colored glasses over my ears (yes, ears!), but it seemed to me that the judges were not all that impressed with the points that Young's appeal attorney made. The appeal atty. for Young (cannot recall her name) was an effective speaker, IMO, it's just that her argument, IMO, was weak, and the appeal points that were chosen for the appeal were even weaker.

    And I think the State's attys. (in spite of the man's hesitation and "um's") were argued better, and the female who defended Judge Stephens' inclusion of Cassidy's play at the center was, IMO, a slam dunk.

    Further, Judge Stephens, from what little I can find, does not have many of his decisions overturned. I'm hoping that this continues through this appeal...

    I don't know that Brad Cooper, for an example, would kill another person, but it is my opinion, and I feel it strongly, that Jason Young would indeed kill someone else. (That is not an appeal point; it's only my point.)


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  16. #34
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  18. #35
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    hopefully this wrongful conviction gets overturned.

    This case was entirely circumstantial, the timeline didn't add up, and the jury's reason for a guilty verdict was ridiculous.

  19. #36
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    Quote Originally Posted by jova33 View Post
    hopefully this wrongful conviction gets overturned.

    This case was entirely circumstantial, the timeline didn't add up, and the jury's reason for a guilty verdict was ridiculous.
    Yes, it was circumstantial. What's the problem with that? The timeline added up perfectly.

    Mostly I wonder, and maybe you have insight, why did he never, ever speak to police? Not even to hear the news. Not to ask a single question. He didn't even ask how his own wife was killed. Why would that be? Oh, that's right...Ryan Schaad advised him to get a lawyer (he was willing to speak with Ryan!!). And then the attorney told him not to talk, not even with the attorney present. Why oh why could that be?

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  21. #37
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    Quote Originally Posted by Boodles View Post
    Yes, it was circumstantial. What's the problem with that? The timeline added up perfectly.

    Mostly I wonder, and maybe you have insight, why did he never, ever speak to police? Not even to hear the news. Not to ask a single question. He didn't even ask how his own wife was killed. Why would that be? Oh, that's right...Ryan Schaad advised him to get a lawyer (he was willing to speak with Ryan!!). And then the attorney told him not to talk, not even with the attorney present. Why oh why could that be?
    A lawyer once told me to never talk to police, even if you didn't do anything wrong because you could've done something illegal that you didn't even know was illegal and you would've just confessed to a completely unrelated crime.
    You have the right to remain silent. Anything you say CAN and WILL be used AGAINST you.
    There's people who are falsely accused and falsely convicted just by their own statements and no other evidence.
    Knowing all of this, and knowing the police are building a case against YOU, would you have anything to say to the police?

    edit: he heard the news from his friends there. They told him that the cops were asking alot of questions about him, and to get an attorney.

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  23. #38
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    I don't see a problem with getting a lawyer; I would probably do the same. However I wouldn't necessarily expect people to think I had no involvement as a result of my lawyering-up. And with that said, I wouldn't fail to find out what happened to my loved one and seek as much info as possible. If I did speak with police I would have my lawyer with me.

    Now if I committed a heinous crime like a murder and l was trying to keep myself out of jail, I'd do what JY did. And people would understandably see me as involved in that crime.

    And then if I finally got on the witness stand years later and lied my butt off and the jury concluded I was not credible, I'd be convicted because I was guilty. As much as I'd hate that outcome it would be the right verdict.

    This was the right verdict for a guy who beat his wife to death and planned it.

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  25. #39
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    Quote Originally Posted by Madeleine74 View Post
    I don't see a problem with getting a lawyer; I would probably do the same. However I wouldn't necessarily expect people to think I had no involvement as a result of my lawyering-up. And with that said, I wouldn't fail to find out what happened to my loved one and seek as much info as possible. If I did speak with police I would have my lawyer with me.

    Now if I committed a heinous crime like a murder and l was trying to keep myself out of jail, I'd do what JY did. And people would understandably see me as involved in that crime.

    And then if I finally got on the witness stand years later and lied my butt off and the jury concluded I was not credible, I'd be convicted because I was guilty. As much as I'd hate that outcome it would be the right verdict.

    This was the right verdict for a guy who beat his wife to death and planned it.
    what did he lie about on the stand? the first jury was hung 8-4 for acquittal
    Last edited by jova33; 12-20-2013 at 04:30 PM. Reason: second sentance

  26. #40
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    Quote Originally Posted by jova33 View Post
    what did he lie about on the stand? the first jury was hung 8-4 for acquittal
    Well, in round 2 (the one that counted), it was 12-0 for conviction and that jury saw his entire testimony on video. The difference the second time was the state was able to prove his affable tale was full of lies and inconsistencies.

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  28. #41
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    Quote Originally Posted by Just the Fax View Post
    Well, in round 2 (the one that counted), it was 12-0 for conviction and that jury saw his entire testimony on video. The difference the second time was the state was able to prove his affable tale was full of lies and inconsistencies.
    They nit picked his testimony. He said he was doing work on his computer in the hotel room, but he was actually messing with fantasy football or something not work related.

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  30. #42
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    That's called impeaching the testimony and nailing down the inconsistencies. It's the meat n potatoes of trials. It's the way witness cross examination goes. In jy's case there weren't just a few inconsistencies and the 2nd jury saw his 1st trial testimony and also got to see & hear evidence that conflicted with his version.

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  32. #43
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    Such as?

    Edit: I'd like to know. I've only seen the story on ID, and a few snippets on YouTube.
    I'm not saying you're wrong.

    Sent from your mom's smartphone

  33. #44
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    Quote Originally Posted by jova33 View Post
    Such as?

    Edit: I'd like to know. I've only seen the story on ID, and a few snippets on YouTube.
    I'm not saying you're wrong.

    Sent from your mom's smartphone
    You obvisously need to go back to the beginning and read everything and research this case. Whether it be on here or someone else. It's hard to form a conclusion from ID and just snippets on youtube.
    JUSTICE FOR MICHELLE AND RYLAN


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  35. #45
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    Quote Originally Posted by jova33 View Post
    Such as?

    Edit: I'd like to know. I've only seen the story on ID, and a few snippets on YouTube.
    I'm not saying you're wrong.

    Sent from your mom's smartphone
    1. He said he smoked and propped the door open for that. It was proven with testimony from friends and family that he detested smoking of any kind and was never seen smoking by anyone.

    2. The shirt he was seen wearing on video at the HI at check in has never been found. His family tried to pass off a pic of him wearing a different but similar shirt a year or so later. The differnce here is the one at HI had a stripe but it was a pullover with a zipper at the neck. The one presented to police was a sweater with a stripe but it had a v-neck style.

    3.You have already posted about them validating his lie about working on the computer. He states when he was seen leaving the HI he was going to his car to get a charger for his computer but all activity on his laptop ceased after him leaving HI.

    4. Here is the biggest one for me. He waited almost 5 years after the murder to tell his side of the story. If all this is true and why did he wait?? If he could so easily get on the stand and tell this, why couldn't he with his lawyer by his side, tell this to police? Oh, because he waited until he heard the states case then tweeked his alibi.
    JUSTICE FOR MICHELLE AND RYLAN


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  37. #46
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    Quote Originally Posted by Landonsmom02 View Post
    You obvisously need to go back to the beginning and read everything and research this case. Whether it be on here or someone else. It's hard to form a conclusion from ID and just snippets on youtube.
    BBM and true -- this was such a complex case. The killer's testimony is on archive at the WRAL website, as is footage from both trials.
    Don't take yourself so seriously... nobody else does.

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  39. #47
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    Full Trial Video

    Above is a link to both the first trial which began June, 2011, and the re-trial which began February, 2012. The link is for the re-trial first and then there's a link for the first trial at the very end of the 2nd trial. Each trial is day-by-day, interrupted only by breaks between witnesses and those called by the Court.

    Please note that the 1st, 2nd, 3rd, etc., days of the re-trial begin at the bottom of the article (who knoze why?) -- so go down to the bottom to get to day 1, etc. It's all there.

    It's totally live-streamed and complete. It's not like IS with commercials and interruptive and possibly biased comments. What you will see is the Real Thing!

    Just settle-in and get comfortable, and you will see each of the trials in their entirety!
    Last edited by borndem; 01-02-2014 at 04:24 PM. Reason: omitted extra spacing between paragraphs; duplicate word


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  41. #48
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    He did occasionally smoke cigars and he owned a humidor.
    The only thing he lied about was doing work stuff on the computer.
    He waited because that's what his legal counsel told him to do.
    I've been investigated for a crime I did not commit, not a murder or anything like that. The first thing I did was say I wanted an attorney.
    I set up a consultation with a lawyer, told the lawyer what happened, and asked "should I just go tell the police this to clear my name?"
    The lawyer said under no circumstances could he recommend taking to police. The police will twist your words and use them against you, and if they want to question me further, give them his card. If they bring up charges against me to come back and hire him.

    Sent from your mom's smartphone

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  43. #49
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    Quote Originally Posted by jova33 View Post
    He did occasionally smoke cigars and he owned a humidor. The only thing he lied about was doing work stuff on the computer.
    He waited because that's what his legal counsel told him to do.
    I've been investigated for a crime I did not commit, not a murder or anything like that. The first thing I did was say I wanted an attorney.
    I set up a consultation with a lawyer, told the lawyer what happened, and asked "should I just go tell the police this to clear my name?"
    The lawyer said under no circumstances could he recommend taking to police. The police will twist your words and use them against you, and if they want to question me further, give them his card. If they bring up charges against me to come back and hire him.

    Sent from your mom's smartphone
    BBM

    The only time that was ever said was during the 2nd trial and it was his mommy that stated he supposedly owned the humidor. Even his BFF said they had never seen him smoke. And IIRC, it was set up for CY to not be around any type of smoking when the slayer gave her up to MF.
    JUSTICE FOR MICHELLE AND RYLAN


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  45. #50
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    Any news on the appeal?

    Sent from your mom's smartphone

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