Jason Young to get new trial #4

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:goodpost: The reason we are here in JY's case is because of a judicial error, nothing more, nothing less. But, you make a great point, NC has a history of cases that need to be reviewed or looked at it , again..

NC has a stunning history of cases that have already been looked at again. The sheer number is pretty shocking. If I were a taxpayer, I'd sure be upset but it does bother me when justice isn't served anywhere. Especially when children are involved. Young and Cooper have small children who have had their lives turned upside down by taxpayer employees who have failed to do their job professionally.

JMO
 
I hope they do call her as a witness because she's the only witness the State produced and she obviously was confused. I think the jury needs to know the LE tactics that helped her identify Jason.

JMO

Well, now the big question is if the defense did not learn of Gracie's substantial brain injury and memory problems until after the first trial, now what? She was already permitted to take the stand after the Judge held a pre-trial hearing in which he ruled her testimony was allowed. But, according to the appeal, the defense did not have this information until a later date. So, now, I want to know , who held it back? Or, was everyone, including the state and the Judge, just as surprised when she admitted this on the stand?

It reminds me of so many other things in this case, just wrong.

JMO
 
Is it really necessary to call Jason's Mother Mommy? Her name is Mrs. Young or Pat Young, and yes she is Jason's mother, but I find this disrespectful. She is also not on trial.

JMO

I thought FAMILY members were to be left out.. Guess not to some.... I find it to be very disrespectful also..
 
I hope they do call her as a witness because she's the only witness the State produced and she obviously was confused. I think the jury needs to know the LE tactics that helped her identify Jason.

JMO

I hope they call her to the stand also.... Show everyone how she thought JY was about her height & how he was bald.. Hmmmmmm!!!!
 
Isn't it crazy how much people are obsessed with GB? And now there are accusations of LE "losing" items because it doesn't fit their evidence? It seems to me that some people think that all LEO/DA/Judges are crooked. Not only in this case but others as well. Just because a loved one is incarcarated doesn't mean they are innocent and that the big bad LE framed them. It's true their are some innocent people locked up and that is horrible, but that's not the case in all.........especially here! IMO

I also doubt JY will take a plea......if one is offered to him. Mommy will not let that happen. As a tax payer of NC I'm glad to pay for a new trial for him and MP. Doesn't bother me one bit. They are both guilty and belong behind bars where they can't hurt anyone else. IMO

I don't think it's crazy at all. This is the only witness who can place Jason Young somewhere he shouldn't be and it would seem very logical , imo, that people are curious. We have nothing else to go on, there were no cameras, no videos, no witness who was in the store, there isn't anyone else she related this encounter to, nothing. There isn't even anything on the record at the store showing there was a $5.00 overpayment for gasoline, and so , therefore, this testimony may be held to a even higher level, because she is an eye witness.
Testimony from an eye witness has to be strong, it has to be looked at from every angle and direction and it has to stand up on its own. It is also up to the courts to prove that it meets that standard.

JMO
 
Originally Posted by Glenn101 said:
I will have to go back and check the search warrants. I think that LE obtained that video. I would like to see the videos of the hallway around the 11:19 mark and around the time the camera was bumped up toward the ceiling. I am also wondering how tight that camera was on its mount and if Elmer Goad actually made it looser while plugging the lens back in. Those cameras are heavier at the back end the way they are mounted and once loosened vibration from things such as doors closing could have made it move upward on its own.

Very interesting. I look forward to finding out what those search warrants do say because the testimony from the hotel employee was that the video was functioning except as they noted.

JMO

The search warrant was for the storage unit in Etowah, 120 Oakland Hills Drive.
It can be found at http://www.wral.com/specialreports/michelleyoung/asset_gallery/3401559/

I will quote the pertinent portion:
From the search warrant said:
"On November 4th, 2006 investigators from the Wake County Sheriffs Office traveled to the Hampton
Inn in Hillsville, Virginia. The investigators were able to obtain computer records of Jason Young checking in
to the Hampton Inn on the night of November 2nd, 2006. In addition they were able to view a security video that
showed Jason Young at the front desk and in the lobby area of the Hampton Inn from 10:49 of to 10:51 pm
(SEE ATTACHMENT # ).

The security video was seized and taken into evidence by the Wake County investigators for use in the
continuing investigation and so that further analysis could be preformed. As part of the continuing analysis, the
video was transfer into a digital format that was placed on DVD's. This transfer made it simpler to review
images that had been recorded on the fourteen security cameras at the Hillsville, Virginia Hampton Inn The
video transfer was preformed by an analyst with the North Carolina State Bureau of Investigation and the
images were analyzed by an investigator in the Intelligence Unit of the Wake County Sheriff s Office."

The LE does have the tape, of all of the cameras in the HI. I wonder if either defense requested copies and actually reviewed them in depth. I have not read or heard anyone post a plausible explanation of how Jason actually got to that camera undetected. I can see how he could have unplugged the camera fairly easily once he got under it, but for now, I can see no way that he could have gotten there from his room undetected. As usual, I am open to evidence that would prove otherwise.

Glenn
 
I don't think it's crazy at all. This is the only witness who can place Jason Young somewhere he shouldn't be and it would seem very logical , imo, that people are curious. We have nothing else to go on, there were no cameras, no videos, no witness who was in the store, there isn't anyone else she related this encounter to, nothing. There isn't even anything on the record at the store showing there was a $5.00 overpayment for gasoline, and so , therefore, this testimony may be held to a even higher level, because she is an eye witness.
Testimony from an eye witness has to be strong, it has to be looked at from every angle and direction and it has to stand up on its own. It is also up to the courts to prove that it meets that standard.

JMO

Of course it isn't crazy. I try to scroll and roll past accusations that don't seem to serve any purpose and I admire your patience. I agree with you that nobody here is obsessed with GB. The discussion isn't about her personally, it is about the process and the credibility of her testimony as a witness. And I've never seen a single poster on Websleuths ever proclaim "ALL LEO/DA/Judges are crooked" in any case, including this one.

JMO
 
It has nothing to do with whether I like what she says or doesn't say. It has to do with giving an accurate description of Jason, something she has never been able to do.

But that is a matter of fact for the jury to determine, not the judge. Judges decide law, juries determine fact.
 
The search warrant was for the storage unit in Etowah, 120 Oakland Hills Drive.
It can be found at http://www.wral.com/specialreports/michelleyoung/asset_gallery/3401559/

I will quote the pertinent portion:


The LE does have the tape, of all of the cameras in the HI. I wonder if either defense requested copies and actually reviewed them in depth. I have not read or heard anyone post a plausible explanation of how Jason actually got to that camera undetected. I can see how he could have unplugged the camera fairly easily once he got under it, but for now, I can see no way that he could have gotten there from his room undetected. As usual, I am open to evidence that would prove otherwise.

Glenn

Thank you! I wonder if the defense even realized that the video should have shown Jason somewhere in approach to that camera that was moved. I think you are the first poster I've seen raise it as a point of evidence.
 
Who are all these crooked LE people in NC? There have been some as well as a bad DA. But All? No. Just no. I've seen some ineptness though. Fortunately the vast majority of people do a good job and are honest, decent folk.

A blanket statement like "LE in NC has proven itself to be crooked" is simply false.

No, it is a true statement. I didn't say every LEO has been crooked, but LE and DA's in general have been in the news nonstop for the past decade due to unfair practices that put innocent people in jail. Is it really necessary to review every one, starting with Nifong and ending with the news just LAST WEEK. Yes, there have been some good DA's and LEO's. However, the evidence of misconduct in North Carolina is growing by the day, and it is ABSOLUTELY within the scope of the examination of this and other trials to evaluate the conduct of LE and the DA without a presumption of honesty and integrity.
 
No, it is a true statement. I didn't say every LEO has been crooked, but LE and DA's in general have been in the news nonstop for the past decade due to unfair practices that put innocent people in jail. Is it really necessary to review every one, starting with Nifong and ending with the news just LAST WEEK. Yes, there have been some good DA's and LEO's. However, the evidence of misconduct in North Carolina is growing by the day, and it is ABSOLUTELY within the scope of the examination of this and other trials to evaluate the conduct of LE and the DA without a presumption of honesty and integrity.

I agree with you. One of the founding principles of our nation is transparency of all functions of government to ensure honesty and integrity. I don't know why anyone would waste their time trying to argue that it is not necessary or who would blindly give such a presumption. Ignorance is not bliss.......at least not in my vicinity.

JMO
 
oenophile, this was in your link and I hope the same thing happens in the Young case. Focus on finding the people who left the unknown DNA at the crime scene:

In overturning Howard’s conviction, Superior Court Judge Orlando Hudson found that prosecutors withheld evidence and that a police officer misled the jury......
...Saifee said she hopes prosecutors will choose not to seek a new trial, and instead focus on prosecuting the alternate suspects implicated by DNA tests.
 
oenophile, this was in your link and I hope the same thing happens in the Young case. Focus on finding the people who left the unknown DNA at the crime scene:

In overturning Howard’s conviction, Superior Court Judge Orlando Hudson found that prosecutors withheld evidence and that a police officer misled the jury......
...Saifee said she hopes prosecutors will choose not to seek a new trial, and instead focus on prosecuting the alternate suspects implicated by DNA tests.

What is scary is the paragraph immediately prior:

Current prosecutors have indicated they will retry Howard, and asked Friday that he be held in jail rather than released on bail until his new trial. They cited his criminal record before the arrests, which included convictions for armed robbery and breaking and entering.

Why exactly would they plan to retry Howard when the evidence that was hidden exonerates him? When they found the guy that sexual assaulted the victim? Could it be because the prosecutor is so invested in a case that they are unwilling to seek justice? THIS is exactly the problem, it is a virus that infects the entire judicial system.
 
GC was employed at 4 Bros, conducted customer transactions, and was on duty and said she saw JY at ~5:30am on the morning in question. You can choose not to believe her. So can jurors. But she exists, is a party to this case as a witness. Just because one may not like what she says does not mean her testimony should be excluded. It is what it is.

So true. Gracie is an easy target just as MF was in the past. I think Gracie will testify again too. I might add that I wouldn't blame any witness for bowing out after all this time. It's been how many years? MOO.
 
Mommy,Mother,Mama,Mom...it's all the same. Sorry you find this disrespectful......but isn't that how he refers to her?

Funny you say PY is not on trial.................hmmmmmmm

Oh.....em.......gee. Thinking back to the old days. We are shocked, shocked, I tell you!!!!!! Too bad there are TOS.:laughing:
 
No, it is a true statement. I didn't say every LEO has been crooked, but LE and DA's in general have been in the news nonstop for the past decade due to unfair practices that put innocent people in jail. Is it really necessary to review every one, starting with Nifong and ending with the news just LAST WEEK. Yes, there have been some good DA's and LEO's. However, the evidence of misconduct in North Carolina is growing by the day, and it is ABSOLUTELY within the scope of the examination of this and other trials to evaluate the conduct of LE and the DA without a presumption of honesty and integrity.

Fair enough. Having said that which specific LEO's and DA's are you prepared to cite in this specific case? One would assume that you are ready to question their honesty and integrity? Where do we start and how do we proceed?
 
What is scary is the paragraph immediately prior:

Current prosecutors have indicated they will retry Howard, and asked Friday that he be held in jail rather than released on bail until his new trial. They cited his criminal record before the arrests, which included convictions for armed robbery and breaking and entering.

Why exactly would they plan to retry Howard when the evidence that was hidden exonerates him? When they found the guy that sexual assaulted the victim? Could it be because the prosecutor is so invested in a case that they are unwilling to seek justice? THIS is exactly the problem, it is a virus that infects the entire judicial system.

I agree and it's long past time to put a stop to it. The Peggy Hettrick case in Colorado was similar. The DA refused to admit the evidence exonerated the convicted inmate and the Attorney General finally had to clear him publicly. He was convicted on little more than some drawings he drew as a kid.
 
Fair enough. Having said that which specific LEO's and DA's are you prepared to cite in this specific case? One would assume that you are ready to question their honesty and integrity? Where do we start and how do we proceed?

Simple, you start by not presuming that any of them are working honestly and with integrity. You recognize that DA's are driven at least partly by a desire to achieve convictions even if that sometimes conflicts with truth. You assume that LE is willing to pursue the suspect that has the greatest chance of closing the case, even if that suspect did not commit the crime. You acknowledge that DA's and LEO's get tunnel vision and, as a result, ignore alternate theories of a crime once they have convinced themselves of who committed the crime.

If you can't do the above, then you absolutely are not in a position to evaluate the guilt or innocence of the accused.
 
I really think that the defense has an uphill battle in this trial coming up, and not because of the strength of the evidence. Rather it is because of what has been allowed to be produced as evidence in the previous trials and will almost certainly be allowed to be produced in the next trial.

I had posited in an earlier post in this thread that Jason was made to be as unlikeable as possible by the prosecution in order to enhance their chances of a conviction. Some posters demurred saying that they did not really dislike Jason. They did not know him and really had no opinion one way or the other.

Yet, the way that some posters presented their arguments intrigued me. They seem supremely confident in their belief that Jason is guilty and react with impatience and even some bit of umbrage when others question things like Gracie's documented problems as a witness and the way that her testimony was elicited, rather than actually discussing the problems. One poster even criticized Jason's explanation about the HushPuppies saying that he thought that Michelle had given them to Goodwill as "blaming" it on Michelle.

I was trying to think of a term to describe what I am reading and "hearing". The term "moral outrage" came to me. So I typed 'conviction by "moral outrage" ' into google. The results were very informative. I will just provide a couple of the links, but there are a lot of them.

https://asunews.asu.edu/20131203-anger-disgust-studies

http://www.thejuryexpert.com/2014/0...rage-and-their-effect-on-mock-juror-verdicts/

I will quote just one part of the latter article.
"We again found that disgust was an even more consistent predictor than was anger: The more disgusted the jurors felt, the more moral outrage they experienced, which in turn made them more confident the defendant was guilty—this pattern existed regardless of how angry they were (even if they were experiencing no anger). This finding was consistent with other researchers’ findings that disgust might increase punitive tendencies to a greater degree than does anger (Russell & Giner-Sorolla, 2011)."

I think that this is food for thought as it concerns our attitudes towards this trial and any others that we may be a witness to or maybe even participate as a juror.

No one likes to be manipulated.

Glenn
 
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