Your Hook to reach a guilty verdict on the Jason Young murder trial

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fran

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At the beginning of the JY murder trial, I asked anyone who wanted to participate, to make a 'list' of why or not, they felt JY was guilty. I also talked about a well known attorney who was posting on a forum when I first came to Websleuths and he talked about the 'hook' for each jurist. That would be the one thing in ALL of the evidence, that convinced them, 'Yes! The defendant is guilty.' Meaning, that's the ONE item of evidence that convinced them there was no other explanation except they're guilty, that's it and everything else fell into place, or the puzzle was complete.

Let me just state here and now, I haven't always thought the husband was guilty. I came into this like everyone else, not knowing. Of course there was the usual suspect, but you can't have tunnel vision in these things. IMHO, that's why there are things in the pros case presented, that did not point towards Jason. But that's just it, they looked at all roads available to them, and everything kept leading them back to the husband.

Anyway, this case has progressed so long, that I can't pinpoint the moment that I felt Jason was guilty. At first, I thought there COULD be someone else and he was out of town. But it may have been when they released the surveillance video and the information about the rock. But I have to tell you, I have such a long list of 'guilty' items, to me it's not JUST one thing, it's the totality of the evidence.

So because my list is so long, I couldn't have one thing so I'll list them all. I may have missed something, or to me it didn't mean anything or I just didn't feel it was that important and is just subertfuge to the real issue, is this guy guilty of murdering his dear wife Michelle and unborn son Rylan?

My answer is a resounding yes! In a few minutes I'll list the items on my list, but it'll take me a few minutes, because it's so many. Oh, and I have some things not even listed, that I KNOW, ;), but also know because of stuff that hasn't been presented to the jury, or it required research and we know that's a :nono: for the jury to do, research. I believe it was the Peterson case a jurist was released during deliberations because she looked an aspect up on the internet during weekend recess and she was promptly replaced.

Boy, this jury has a HUGE job. Hope one way or the other, they get it right!

JMHO
fran

PS....oh, and it's ok if you want to post your 'hook' on why you believe he's innocent. I'm not a lawyer and don't know if in their world they consider a 'hook' for innocent, but it would make sense. All opinions are welcome, but this is more for those who feel he's guilty, so if you feel uncomfortable on this thread, it's not mandatory you participate here. There is an innocent thread and I'm sure many members of Websleuths and the guest observers, there COULD be more who feel he's innocent than not. It's just our opinion is just for the pages here and we have no input into the jury's minds so they're on their own. :)
 
1. Refusal to take LE through the crime scene to determine if there was anything missing, which would have assisted LE in solving the case.
2. Refusal to LISTEN to LE from the first night, until arrested. NOT talk to police, but 'LISTEN.'
3. Not once contacting LE or having attorney, friend, family, contact LE to see if they had made progress on the case.
4. Evidence of volatile relationship with victim
5. Evidence he made statements he was 'done,' with the relationship with the victim. ie to NOT be married anymore. They already had one child and another on the way. Statement made just prior to murder.

6. Evidence he would lie to wife.
7. Evidence he would lie to friends.
8. Evidence he lied when he returned to Raleigh. Said he HAD a lawyer and he told him not to talk to LE. NO! His mom or sis left a message with a lawyer, NO ONE in the legal community had contacted him to tell him not to talk to LE.

9. Evidence he was having an affair.
10. Evidence he had sex in his home, with someone other than his wife or mistress, on the couch in his home while child there. This occurred within a week prior to Michelle's murder.

11. Evidence he COULD become EXTREMELY violent
12. Evidence he had increased life insurance just prior to the murder (2 mos.). MY's reluctance to have original amount of $1M was discussed by her friend and she only let it stay in effect because her lawyer friend told her it was a good price for the amount. JY increasing the policy by double is a biggy.

13. Evidence JY put something in his hotel room door to prevent detection of his entering his room, multiple times. He could have used some type of tape in the latch to make it appear as if it was closed, which would account for the clerk not noticing the door ajar when delivering the check-out papers. As he was seen down at the desk after his initial entry into his room with his key card, he was obligated to admit he had in fact fixed the door with his convoluted explanation. Leaving valuables in his hotel room with an unlocked door, is not anything MOST sensible people would do. He had his folders for work, his computer, his clothes, etc. unbelievable explanation.

14. Evidence, by the defendant's own testimony he also fixed the 'exit' door to prevent using identifying key card. JY put SOMETHING in the doorway so he could smoke whatever. I MAY have believed he did it when he went to smoke, except he said it was something else that he used, other than the rock. I don't care what it was, twig, leaf, pencil. But to ADMIT he did it with a 'but,' I used something else is the markings of a liar who's been caught multiple times and has always been able, in his mind, to explain, 'it wasn't me' and everyone believed him. Nope, not credible.

15. Evidence JY had on different clothes in later video, in the hotel, after he arrived and checked in. There was NEVER any explanation as to why, well we know it was cold out, and where the clothes are or were when LE confiscated his suitcase. No clarification from defendant nor his def attorney. Only the implication during the first trial and entered into evidence this trial, that it was the shirt in the birthday video, yet the prosecutor debunked that. Still no further statement during this trial on where the shirt is.

16. Defendant's own statement during the video tape testimony that MY gave his shoes away. The defense during this trial's closing argument, rather than keep to the original testimony of the defendant himself, they admitted it MAY have been the defendant's shoes, "but he wasn't wearing them." Sorry, laughable at best and shows the grasping at straws. Also points that it was more probable it was the defendant's shoes in fact that made the prints at the scene, but their explanation in the second trial was to deflect or create probable doubt, which in hindsight, his own attorney didn't believe him when he said his wife gave them away.

17. Overkill type violence of victim, points back to the defendant's prior act of violence taken out on his then fiance.

18. Ebay auction papers explanation for summoning MF to the home appears to be a total ruse. The papers were in the printer the same time he obtained the mapquest documents and if he'd really intended to take them, there was no excuse or good reason for him to have not picked them up out of the printer at the same time, thus this part of his story is not believable.

19. Anger of person at gas station, points towards someone who wanted to not be noticed, who then got frustrated and angry because he knew his car and he would have to confront a possible witness. He lost his kool just like he did with his fiance, only this was a stranger. If he'd come in quietly and paid, Gracie may not have recalled him, per se. But his nasty words stuck in her mind and coincided with how the defendant has shown in other instances, how he treats women.

20. I'm trying to not consider the prior accident as a first attemp at MY's life. But I can't forget it was only a short time after the original $1M life insurance was taken out. But it could be discarded, but still think at the least, it COULD have been attempt to have the SAME results the accident did have, loosing the unborn child.

21. I do not think this was a planned pregnancy, but the murder may have been in PART, because of the pregnancy.

22. MY had been very depressed and to those closest to her, she was at some cross-roads in her life, marriage. The recent volatility between the defendant and the victim tell me this was possibly the moment just before a final break-up, or divorce if you will, which to anyone that knows anything about domestic violence, this is the most dangerous time for the victim. And yes, I do believe the defendant was an abuser. Up to the final act of murder, it was just emotional, that leaves no physical scars. But often times, a pregnant woman who is physically abused by her abuser, although there has been control issues and signs of at least emotional abuse previously, this is the first time there's actually PHYSICAL violence.

23. MY's emotional upheaval was confirmed by the therapist who stated MY was in an abusive relationship and therapy wasn't the answer. The therapist knew MY's situation was dire and she needed help, soon. (meaning after she left her office)

24. LARGE item missing from table, could have been possible murder weapon. We'll never know for sure because the defendant didn't walk through the house and identify anything missing.

25. Not claiming the home owners portion of the insurance, for the alleged disappearance of SEVERAL thousands of $$'s of jewelry allegedly stolen from the home. The statements later stating valuables missing seems more of the COA. IF it were true, either JY would have filed a claim, (after all it was MUCH MORE than the minimal damage from collecting the evidence from the crime scene) AND, JY has already proved that he was willing to lie to COLLECT on a claim for broken heating system by applying and paying and THEN filing a claim for something that was already broken. In order to file for what LE did in recovering evidence, didn't require any statement from the defendant. But filing a burglary claim, would require JY give a statement, which there's no other reason he wouldn't file except he didn't want ANYTHING to be used against him. IF he didn't do anything, he had nothing to hide. Simple as that. Except he did it.

26. Refusal to talk to MY's family is inexcusable They didn't start to suspect JY until much later than the funeral and such.

27. Refusal to talk to his friends at the funeral. Sorry, no excuse ................except he couldn't talk about it because he couldn't fake sorrow. Unbelievable

28. Refusal later to talk to ANYONE about the murder of his wife and child. Understandable not LE, but not family and friends. I believe friends, but his family is NOT telling the truth about him not talking about it at all. They didn't ask him anything. Unbelievable.

29. JY's final refusal and he and his family's attempt to blackmail MY's family by telling them to go public and tell everyone JY didn't do it in exchange for visitation was a sign of a desperate man. He COULD have let them visit CY, he could have signed a document allowing them to visit, but he didn't. He just didn't respond and voluntarily sacrificed his daughter. His DAUGHTER! We're not talking about the house. He said he loved his wife and he loved his daughter. Yet he'd lost his wife to murder and now he's willing to give up the only other thing worth anything in life, his daughter. Unbelievable.

30. JY's not answering the wrongful death complaint, knowing the consequences. IF he didn't murder his wife, then there was no reason not to answer the complaint. He knew they couldn't get blood out of a turnip, so the $15.5M judgment means nothing to him, except that IF he did NOT testify, it couldn't be used against him. He was waiting for LE to close the case so he could collect the life insurance and possibly the 50K X's 2 from MY's work.

31. Not claiming the life insurance is a BIGGY also. Who in their right mind, would even CONSIDER not collecting that kind of insurance if they had NOT done anything? No answer necessary. No one I know of. It's not morbid, but if he had NOT done a thing, he had nothing to hide and you would apply for it. He didn't apply for it because he ALREADY knew he would have to go to court, because her employer automatically began processing her smaller claim and it was deemed by the insurer not payable now because of the murder investigation. I believe it was the same insurance company that carried the higher multi M$ policy, so their answer would have been the same as the smaller policy, denied because a murder investigation is in process and the recipient is the suspect of the crime.

32. Yes, the life insurance was $2M or $4M REASONS for murdering MY. Sure, you can't collect if you're a suspect. But that was the plan, Jason wasn't supposed to be a suspect. It's just that he flew into the LE radar because he didn't ACT like a grieving husband, from the first second he found out his wife was dead. :(

33. Sorry, been there, done that, you do NOT ask what happened when your loving spouse passes away while you're not there? NOT ONE WITNESS, indicated that JY EVER asked, 'What happened?' Unbelievable. On top of that, he was just so sure his young pregnant wife was dead? Really? They couldn't be mistaken? Did he ask? Did he ask where she was found? Really............UNBELIEVABLE! REALLY!

34. Did JY ever testify about telling MY to get an abortion with CY? Was MY lying when she told her friend that JY said he'd never forgive her and the baby, for the rest of his life, if she didn't have an abortion? Or did he testify MY's friend was lying? ....................NO, he said he wanted CY very much. So everyone else is lying except him? He loved CY yet he voluntarily offered her as a sacrifice to save his skin. Unbelievable.

35. The almost frenzied pace of JY's signs for infidelity, the undying love multi-page letter to his ex-fiance, the affair with MY's friend and sorority sister, the sexual encounter with his old friend on the couch in his marital home. Reminds me of the frenzied state a serial killer goes into, during his reign of terror and murder on unsuspecting citizens. :( {scary}

36. Evidence that with JY's fiance, the argument ensued because if she wanted to break-up with him, he wanted his engagement ring back. This is backed up by the breaking of her windshield and putting his hand through the wall of his apt/condo.

37. Evidence of JY COULD act inappropriately. The going to the bathroom in front of group of friends, in friend's home, running naked through a party of his friend, doing 'dick' tricks. {blah!} I thought this was during his college days, was shocked to learn it was all recently, since they'd had CY! :eek:

38. Evidence of toddler child being given Tylenol blast, adult dose of cold medicine. Def attorney showed where it COULD cause wakefulness, but pros showed where it COULD also show drowsiness by warning on the label to not operate heavy equipment. Sure, no tests done on child to indicate she'd been drugged, but the dropper was left carelessly on the shelf and there was a drop or so on the shelf in the evidence photo, indicating more chance than not, the child was given the drug. From evidence shot of child's room, shelf where Tylenol and dropper photoed, MY kept her child's room very clean. Meaning NO DUST or dirt. She would NOT leave a bottle of medicine on the toddler's shelf. NO.

39. JY mentioning to his mom that his fingerprints/dna would be on the dropper. Seems a bit of CYA to me. How did he know if MY's prints/dna wasn't on it?

40. CY's actions at the preschool play table, just days after Michelle was found murdered. The child said the female doll was mommy and the fact she didn't specifically say the other doll was daddy, she picked a doll that had the appearance most like her dad. If you add in she stated, "Mommy's getting a spanking for biting," strangers and other children hit, slap, punch to a child. Mommy and Daddy SPANK.

41. Evidence that murderer exited the home through the garage door from the kitchen, blood evidence. Exits clearly exposed the victims' purse right at the doorway, not a robbery.

42. No evidence of contents of home disturbed on the first floor. A room full of nice electronic equipment in den, untouched. Evidence not a robbery.

43. JY's stmt to family, 'I'm going to take a hit on the house.' This was within hours of finding out his wife was dead. Didn't know how? but oh well, take a hit on the house.

44. JY telling his sis she'll 'be a good mom.' This again was within hours of finding out his wife was dead. Didn't know how? but oh well, move on.

45. Expert testimony JY's shoes in video at hotel shows shoes APPEAR to be (missing) Orbital shoes. NO testimony from defense debunking. NO shoes found in his suitcase matching. No explanation from defense providing the shoes that appeared in the video. IF it wasn't the Orbital shoes, JY or at least the defense attorney would have provided them.

No coincidence in murder......................

46. MY's first pregnancy JY wanted her to get an abortion, second pregnancy ended in miscarriage connected to his reckless driving, third pregnancy ended when Michelle was brutally murdered, along with her unborn child.

47. First $1M policy, victim and defendant are in a one car accident. Just two short months after $1M policy doubled by defendant, victim is murdered..

48. Hadn't called Meredith in over a year, yet he just happened to need MF's help that day, and she just HAPPENED to discover his murdered wife.
49. Hotel cameras and (possibly) cameras, hadn't been tampered with in multiple years, yet on the EXACT night of the crime,
50. A. The camera was unplugged
51. B. The camera was then turned upwards, TWICE in one night the camera was made made inoperable and irrelevant for it's purpose and it JUST HAPPENED to be the door he would use to leave and enter.

52. C. The 'exit' door that defendant could secretly ingress/exit the hotel, just HAPPENED to be propped up by a rock.
53. D. The same night the 'exit' door was propped open later by a rock, was earlier propped open by the defendant with a 'twig.' So TWICE in one night!
54. E. On the EXACT route and EXACT time to fit into the proper timeline for the crime, there just HAPPENED to be someone looking just like him and just like his vehicle, got angry at a lone cashier in the early morning hours, that just HAPPENED to look like the defendant.

55. F. Rarity of missing Orbital shoes that EXPERT witness testified to that photo of def in hotel, couldn't rule them out so def closing said it COULD have been his shoes, but he wasn't wearing them.

Now, I COULD take away a dozen of these as not necessarily pointing towards JY's guilt. But there 's no way I could, in MY mind, take away 55, saying they're all just circumstances that JUST HAPPENED to point towards HIS GUILT. No way, at least IMHO. There's also a few items numbered twice in different ways. That's because there many be more than one way it points towards guilt.

I know I"ve been on Websleuths for a VERY long time, which doesn't make me an expert, by any means. Each case shows me something I didn't know before. However, when there's this insurmountable circumstantial NUMBER of evidence,...............well, sorry, it points to guilty, guilty, guilty. I just hope the jury listened with attentive ears and grasped the enormity of CE. It's astounding to me, anyway.

Oh, and fwiw, I realize that there are still a number of Websleuthers and guests that will disagree with my conclusion. But you see, this is an OPINION. Two or more people can view the same circumstances, evidence, whatever, and come to a different conclusion. It doesn't mean anyone's wrong or right, it means that we determine each item with a different eye. That's it. Hopefully, the jury can come together to agree on the same conclusion. I must admit that if they come back he's innocent or hung as before, I'll be disappointed. But face it, some will be disappointed, or ALL will be, whichever guilty or innocent.

Although I'm a mod here, these are MY OPINIONS and not the opinion of Websleuths.

If you've read this far, LOL,
Thanks and this is as always JMHO,
fran
 
my hooks:

1. life insurance
2. moved/adjusted hotel cameras
3. door 'stop' (whatever it was) to avoid using his key card
4. e-bay auction ruse
 
I readily agree with Fran's list, but I tend to fall (conversationally) on the opposing side of EVERY trial. I expect a very high standard of our lawyers (defense and pros) and our judges and very few cases in our country go to trial. I am usually ready to combat this to make sure the right people go to jail and our victims get justice. Sometimes our trials raise my hinky meter.

This one does. It's almost too well setup.

My list mirrors Frans, but I point at it and scratch my head wondering if Jason was idiot enough to upset some poor woman's husband enough (completely unknown to me and to the trial) who would set him up and make it look exactly like he not only did it, but make it look like he was attempting to cover it up.

He didn't really try and cash in on the financial side.
I can totally see a couple (with or without JY) doing this.
The size 10 franklins don't make me raise reasonable doubt. They make me think he planned it, but then we lose the fact that they are there and they become a problem.

I think Jason would face to face strangle her and leave her. The blows to the back of my head don't reconcile with my other opinions of the man (all bad). They reconcile with someone who could not face what they were doing.
 
Fran, I think you just covered any and all hooks I have in this case!

Bravo!
 
Thanks Fran! As always, your posts are appreciated.
 
Frans comprehensive laundry list about covers it, but if I had to choose one, it would be his silence. Not speaking to police ever, he didn't make any inquiries on how MY died, he didn't offer any information to police to help track down the murderer/s, not even with a lawyer.

His silence resonates the most, all the other CE just falls right into place and only confirms why he chose to remain silent.
 
Frans comprehensive laundry list about covers it, but if I had to choose one, it would be his silence. Not speaking to police ever, he didn't make any inquiries on how MY died, he didn't offer any information to police to help track down the murderer/s, not even with a lawyer.

His silence resonates the most, all the other CE just falls right into place and only confirms why he chose to remain silent.

Well, as the judge said, they can't use his silence not to speak to LE to cover his 5th amendment rights, they can hold his lack of contact or something like that. So in considering his Constitutional Right to remain silent, he REFUSED, that first night to even LISTEN to LE. They said he didn't have to say ANYTHING, just LISTEN, and he refused!

That to me is a BIGGY!

So yeah, that or almost anything can be someone's hook!

Glad to hear other's opinions.

:)
fran
 
One hook for me: The HP shoe prints.

The prints put him at the scene, IMO, it may have been a concerted effort, but that's for LE to work out, but I have no problems putting Jason at the murder scene - he put himself there.

IMO
 
There are so many, but if I have to pick one, my hook is all the events (pics, staff testimony, tampered cameras, propped doors, parking, jy's own lies, etc...) that went on at the HI...
 
1. Hp
2. dark pullover
3. the absence of no blood downstairs
4. giving up Cassidy
 
My hooks:

His computer searches prior to the murder

The shoes & shirt

His vile character

lack of evidence (which is evidence IMHO)
 
Oh yeah, my other hook is that the jury found Jason Young Guilty of Murder in the 1st Degree!!

*rimshot*
 

It looks like there are a number of good legal reasons for a retrial:

"The day care workers' testimony was not introduced in Jason Young's first trial, and ... [Judge] Stephens should not have allowed it in the second.

... Stephens' decision to allow testimony about a $15.5 million wrongful death lawsuit and about a custody dispute over Cassidy Young violated Jason Young's right to a fair trial.

... Stephens should not have instructed the jury that it could consider Jason Young's "failure to talk to friends and family as substantive evidence of guilt."

"Instructing the jury that it could infer guilt from Mr. Young's silence was error so fundamental that the jury probably would have returned a different verdict had it not been permitted to do so,"

http://www.wral.com/jason-young-appeals-conviction-in-wife-s-2006-beating-death/12720156/
 
None of the appeal arguments are egregious enough to vacate the jury's verdict. There are plenty cases with a lot more errors made at trial that never get overturned.

Also, I've read somewhere that someone is saying that only judicial rulings are made in the first appeal. I've never heard such as crazy statement. So, all appellant lawyers expect to have a second round in appeals court? I think not. All arguments are made in the first appeal. All appeals are about errors made by the trial judge only - never about new evidence.

Also, I read somewhere that a person stated that you can't introduce new evidence at the second trial that was not introduced at the first trial. That too is a looney statement. Refer to the following NC law below. A second trial after a mistrial is just as if no trial had ever taken place.

When a mistrial is properly granted, “in legal contemplation there has been no trial.”State v. Tyson, 138 N.C. 627, 629 (1905). Stated otherwise, a mistrial results in nullification of a pending jury trial.’” Burchette v. Lynch, 139 N.C. App. 756, 760 (2000) (citation omitted). The parties are returned to their original positions and, at a retrial, can introduce new evidence and assert new defenses that were not raised at the first trial. See United States v. Mischlich, 310 F.Supp. 669, 672 (D. N.J. 1970), aff’d sub nom United States v. Pappas, 445 F.2d 1194 (3d Cir. 1971). This principle applies to trials and sentencing hearings.State v. Sanders, 347 N.C. 587 (1998).
 
None of the appeal arguments are egregious enough to vacate the jury's verdict. There are plenty cases with a lot more errors made at trial that never get overturned.

Also, I've read somewhere that someone is saying that only judicial rulings are made in the first appeal. I've never heard such as crazy statement. So, all appellant lawyers expect to have a second round in appeals court? I think not. All arguments are made in the first appeal. All appeals are about errors made by the trial judge only - never about new evidence.

Also, I read somewhere that a person stated that you can't introduce new evidence at the second trial that was not introduced at the first trial. That too is a looney statement. Refer to the following NC law below. A second trial after a mistrial is just as if no trial had ever taken place.

When a mistrial is properly granted, “in legal contemplation there has been no trial.”State v. Tyson, 138 N.C. 627, 629 (1905). Stated otherwise, a mistrial results in nullification of a pending jury trial.’” Burchette v. Lynch, 139 N.C. App. 756, 760 (2000) (citation omitted). The parties are returned to their original positions and, at a retrial, can introduce new evidence and assert new defenses that were not raised at the first trial. See United States v. Mischlich, 310 F.Supp. 669, 672 (D. N.J. 1970), aff’d sub nom United States v. Pappas, 445 F.2d 1194 (3d Cir. 1971). This principle applies to trials and sentencing hearings.State v. Sanders, 347 N.C. 587 (1998).

Thanks, sundrop, for this post -- it helps bring balance and straight-thinking back to this thing. I am familiar with the rulings about a trial after a mistrial -- the blackboard is wiped clean, as if no prior trial has taken place; thus the term "mistrial."

IANAL, but I certainly think that the items listed as reasons for a retrial are not egregious at all. Who knoze what will happen on this request, but I will say that Judge Stephens doesn't make many trial errors; and he had no dog in this race -- other than justice and making sure that it was tried fairly. Those are two items that come to my mind fairly quickly,and I'm sure that the PT could go on and on about it. They were very careful, too. This trial was not a first for any of the principals.... And it is not easy to get a ruling/trial overturned.

We'll see.
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