Jason Young to get new trial

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But if it did fit a pattern it is not really unethical.

Has Judge Stephens changed a lot in the last few years?
Because the last couple trials I watched with him I was super impressed.
Was he really as bad as he is being portrayed in the JY trials???
Say it ain't so :tantrum:

Judge Stephens is who he's always been. He's well respected by both sides of the aisle. He's also human so he can make a legal error or errors. And while I haven't studied his record, I wouldn't be surprised to find he's done well in his decades on the bench. Even lots of defense attorneys respect him.

However, if you go by those who think almost every wife killer has been railroaded, he's on their list as an "extremely corrupt" person.

As always, best to decide for yourself on these matters.
 
Judge Stephens is who he's always been. He's well respected by both sides of the aisle. He's also human so he can make a legal error or errors. And while I haven't studied his record, I wouldn't be surprised to find he's done well in his decades on the bench. Even lots of defense attorneys respect him.

However, if you go by those who think almost every wife killer has been railroaded, he's on their list as an "extremely corrupt" person.

As always, best to decide for yourself on these matters.

I wouldn't say corrupt, but I will say he made quite a few errors prejudicial to the defense.

Sent from your mom's smartphone
 
Perhaps you wouldn't, but there are several people who do. (Do you think just about every wife killer has been railroaded? That was the qualifier I used).

There was one error that the appellate judges used as the basis of the overturned conviction. They did not overturn on "multiple errors." Everything else will continue to be fair game in any future litigation of this defendant.
 
I wouldn't say corrupt, but I will say he made quite a few errors prejudicial to the defense.

Sent from your mom's smartphone

Yes, he made multiple errors. He may have at one time been a great judge but errors are still errors. It doesn't mean he is corrupt but it does mean his ability to do his job correctly is impaired. These were multiple and included instructions to the jury. imo.

In its 58-page opinion, the three-judge appellate panel wrote that testimony about the judgment – as well as similar testimony regarding a custody lawsuit involving the Youngs' daughter Cassidy – "severely impacted" Jason Young's ability to receive a fair trial.

"Defendant's presumption of innocence was irreparably diminished by the admission of these civil actions," the appeals opinion stated. "This is similar to the prejudice that a jury has when it learns a defendant is previously convicted of charged offenses."


The opinion also notes that Stephens' instructions to jurors "did not explicitly prohibit" them from using the civil cases "as proof of Defendant's guilt in the criminal case."

Read more at http://www.wral.com/nc-appeals-cour...for-jason-young/13528780/#esGbdU3JmWDldJOf.99
 
I don't think there is anything funny about this case, do you?



Excuse me? No this case isn't funny.I was referring to the comment about how he couldn't contact LE because he wasn't in town. Like he didn't have access to modern technology!

Have a great day now!
 
But if it did fit a pattern it is not really unethical.

Has Judge Stephens changed a lot in the last few years?
Because the last couple trials I watched with him I was super impressed.
Was he really as bad as he is being portrayed in the JY trials???
Say it ain't so :tantrum:

No it ain't so! He is a great and well respected Judge. But dontcha know that everyone that testified against JY and the whole WC judicual system lied about poor JY! The only person telling the truth is JY........hint the sarcasm.

IMO, the only difference between the 2 trials were the months they were held in. The first trial happened in summer of 2011. The jurors in there deadlocked. It was summer and not one of them care about deliberating long enough to get a verdict. Whether is was G or NG. The second trial was in the winter. Noone really has plans so they were able to deliberate long enough and cared about reaching a verdict. IMO, just like with the CA trial in Florida. Many of those jurors had vacation plans and even one had a cruise to go on. Now, this is just my opinion and the observations from watching and attending both trials. Rip it apart but it is my opinion!
 
Nobody denies that he was a poor husband and was very immature but that doesn't make him a murderer. In fact, one who is planning to murder a spouse would be more inclined to "behave" so as not to give investigators a motive. He clearly wasn't thinking about how his behavior would look when he would be investigated. Everyone knows the spouse is always a suspect.

BBM

Exactly! So what is the big deal about them investigating him? Do you think every man that has been accused of murdering his wife and convicted and is in jail is innocent? Is MP? Was SP? How about Jeffrey Mcdonald? Raven? Obvisously you think BC is. I don't know, didn't follow that one.

Laci Peterson's murder was full of CE. They had a body but no COD and no weapon. Scott acted very suspicious after she went missing. He was having an affair. He didn't want a child. I see alot of similarities between LP and MY. In an email between JY and KY he mentions RA and how noone even remembers him. Hmmm.....he did. And he also stated how he hoped there would be no arrest. No shouldn't that have been stated: I'm innocent and I hope I am never arrested but I hope they do eventually find the killer of my wife and baby boy.


My point is that unless you have DE such as a confession or videotape, most cases are full of CE.
 
But if it did fit a pattern it is not really unethical.

Has Judge Stephens changed a lot in the last few years?
Because the last couple trials I watched with him I was super impressed.
Was he really as bad as he is being portrayed in the JY trials???
Say it ain't so :tantrum:


I'm just saying that his personal thoughts about the ring pattern as it relates to the murder were unethical as it indicates a bias to me. For a Judge to say "I knew he was guilty all along" at the verdict is wrong. Look where we are now. His decision to allow the civil suit testimony has resulted in an overturned conviction. He had to know it would be the subject of appeal as it was unprecedented to include this in a criminal trial so maybe his bias caused him to rule unjustly and now Wake County taxpayers have to pay for another trial.
 
How could he help if he wasn't even in town?

Sent from my Nexus 7 using Tapatalk

He was called on his way back to Raleigh and lay in Mama's lap refusing to talk to LE.....not even to ask what happened to my wife!! At Meredith's house he hid in her bedroom refusing to come out, even when Meredith asked him to just talk to them.

and BTW we live in a time where almost EVERBODY have phones or cells.....did he EVER attempt ONE call to inquire about his wife and the status of the case?? NEVER!! NEVER!!
 
He was called on his way back to Raleigh and lay in Mama's lap refusing to talk to LE.....not even to ask what happened to my wife!! At Meredith's house he hid in her bedroom refusing to come out, even when Meredith asked him to just talk to them.

and BTW we live in a time where almost EVERBODY have phones or cells.....did he EVER attempt ONE call to inquire about his wife and the status of the case?? NEVER!! NEVER!!

We don't know what was discussed during the phone call when Jason was returning to Raleigh. It is impossible to factually state that no one of Jason's family knew what Meredith knew about the crime scene. Obviously police could not provide any additional information because they did not yet know the cause of death. We don't know what Jason did to follow up on the investigation.

What should Jason have done that he didn't do? What do family's normally do when they are informed over the phone that a loved one has been murdered? I'm sure they asked what happened, and I'm sure that police state that they won't know more until the medical examiner has completed an autopsy. Then what ??? Is the family supposed to answer questions over the phone about what they were doing at the time of the murder? Is that how investigations are initiated in Raleigh? How do other victims of crime feel about this practice?
 
BBM

Exactly! So what is the big deal about them investigating him? Do you think every man that has been accused of murdering his wife and convicted and is in jail is innocent? Is MP? Was SP? How about Jeffrey Mcdonald? Raven? Obvisously you think BC is. I don't know, didn't follow that one.

Laci Peterson's murder was full of CE. They had a body but no COD and no weapon. Scott acted very suspicious after she went missing. He was having an affair. He didn't want a child. I see alot of similarities between LP and MY. In an email between JY and KY he mentions RA and how noone even remembers him. Hmmm.....he did. And he also stated how he hoped there would be no arrest. No shouldn't that have been stated: I'm innocent and I hope I am never arrested but I hope they do eventually find the killer of my wife and baby boy.


My point is that unless you have DE such as a confession or videotape, most cases are full of CE.

No, I don't believe that everyone accused of murdering their spouse is innocent. I'm not going to comment on the many cases you've mentioned in this thread. Let's stick to the Young case.

Yes, it is absolutely necessary to investigate the spouse. No one is arguing that. Yes, CE is common to convict a person and I have no problem with that whatsoever. What I do have a problem with is the shaky, unverified CE strung together in this case. We should be able to evaluate each piece of CE and determine it's credibility and it should stand up to scrutiny; otherwise it should be discarded. We are talking about people's lives. We must be certain that we're getting it right.

Again, I will use this example -- Gracie's gas station at 5:30AM -- Show me a surveillance image and/or a receipt with JY's credit card that proves he was there at that time and I will consider it a valid and important piece of CE used to infer his guilt. As it stands, what the State presented is completely unverified and therefore must be discarded (to me as a juror) The State must prove their case and the bar is high. I won't allow them to get away with a brain damaged woman with memory problems to convince me that JY was there. She didn't even know what he looked like.

Example 2: Cameras at the Hampton Inn - Show me an image of JY on the camera and a second later it goes dark --- camera is unplugged or show me an image of him entering the building at 6:30AM wearing different clothing and I will accept that CE to infer guilt. State: Don't show me that someone else's fingerprints are on the camera and ask me to disregard that evidence. No argument would be occurring if it's verified CE.
 
Nobody denies that he was a poor husband and was very immature but that doesn't make him a murderer. In fact, one who is planning to murder a spouse would be more inclined to "behave" so as not to give investigators a motive. He clearly wasn't thinking about how his behavior would look when he would be investigated. Everyone knows the spouse is always a suspect.

As Landonsmom pointed out, past behavior is an indication of future behavior. JY only thought of himself. How could he change ....as you say "his behavior" when so called behavior had been going on long before he even knew Michelle?

Please remember ALL the times......all the MANY times he embarrassed, humilated, berated, and belittled his wife and the mother of his children among family, friends, and in public. He didn't care where he was.....he just adored making fun of Michelle's PRIVATE sex life. And let's remember his penis tricks, he didn't care who saw him.....he would "whip it out" ANYWHERE!!.....poor, poor Michelle.....how embarrassed she must have been!!

I wonder if he gets to show off his penis tricks now?
 
sunshine....why do you keep bring up Brad Cooper???? this forum is about JY......
 
So after going back over my notes and my bookmarked websites on my computer from years back I finally found something,with the help of my coffee :)

Take it for what you will but the following excerpt is from friction powered. A website started by Scout, a beloved poster who, from the begininng of this wanted to find justice for MY. This website has the search warrants and more info from both trials and also info from the very begining (november 2006) until February 2012. In this she was able to calculate the gas mileage and come up with the same thing the investigators did: it didn't add up. I will post it and the link for some people who are interested. Mods if this violates TOS please remove. Thanks.

http://frictionpowered.wordpress.com/category/michelle-young/page/2/

The issue of fuel usage has been a point of interest for many following the Michelle Young murder investigation since early on. Information from the recently executed warrants for Jason Young’s Internet activity have made it possible to better analyze the route that he traveled and the amount of fuel he would have burned on his alibi trip. The following is an excerpt from the 3/10/2009 warrant for Jason Young’s Bebo.com account:



In order to test Jason Young’s gas usage as it compared to the distance that he would have traveled on November 2-3, 2006 investigators with the Wake County Sheriff’s Office performed an experiment.



Investigators left South Saunders Street in Raleigh, North Carolina with a full tank of gas in a 2004 Ford Explorer that was comparable with the vehicle driven by Mr. Young. South Saunders Street was chosen as a departure site because Jason Young stopped here for fuel prior to leaving on his business trip. In a attempt to replicate Mr. Young’s trip as closely as possible, the stopped at the Cracker Barrel on Landview Dr. in Greensboro, NC, the Hampton Inn in Hillsville, Va, Dickenson Hospital in Clintwood, Va, and finally stopping at the Get-It-Mart in Duffield, Va. to refuel.



The amount of fuel used by the investigators was not consistent with the amount of fuel reportedly utilized by Mr. Young. In fact, investigators knew the comparisons would not be completely accurate prior to conducting the experiment. This inability to be accurate was because Mr. Young was 35 minutes late to his appointment. His explanation for being late was due to getting lost. The 35 minutes Mr. Young was late not only reflects time, but also distance traveled. Distance traveled will equal gas used and any additional gas usage by Mr. Young would only increase the inconsistency between his reported gas usage and that experienced by the investigators conducting the experiment.

Using Windows Live Maps, I calculated the miles driven on the route from the Handee Hugo #89 in Raleigh, NC, to the Dickenson Community Hospital in Clintwood, VA, and on to the Get-It Market in Duffield, VA, with stops at the Cracker Barrell in Greensboro, NC, and the Hampton Inn in Hillsville, VA:

•Handee Hugo #89 – Cracker Barrel: 84.9 miles
•Cracker Barrel – Hillsville Hampton Inn: 88.5 miles
•Hillsville Hampton – Dickenson Community Hospital: 150.1 miles
•Dickenson Community Hospital – Get-It Market: 53.2 miles
◦Total miles driven: 376.7 miles
The following calculations were done on the basis of gas mileage specifications for a 2WD, 8 cylinder, 2004 Ford Explorer from www.fueleconomy.gov.

•Interstate miles driven: 249.7 miles @ 18 mpg = 13.87 gallons burned
•Other miles driven: 127 miles @ 16 mpg = 7.94 gallons burned
◦Total fuel used between fill-ups at the Handee Hugo #89 and the Get-It Market in Duffield, VA: 21.81 gallons
◦Fuel tank capacity of 2004 Ford Explorer: 22.5 gallons
Using only the above parameters, Jason’s fuel tank would have had less than a gallon left in it when he stopped to refuel in Duffield, VA. He would have been long past the point of getting a low fuel warning; the needle on his fuel gauge would have been on E. If he was that low on fuel, why wouldn’t he have fueled up immediately after his meeting in Clintwood an hour earlier instead of driving another hour down the road to get gas in Duffield?

Assume he was a risk-taker and drove until his tank was practically empty; that explanation fails to take into account the time that he was allegedly lost which caused him to be late for his meeting. Windows Live Maps estimates that it takes approximately 2 hours, 10 minutes to drive from the Wytheville cell tower location to the hospital in Clintwood, Virginia. Jason’s cell phone pinged at 7:40 pm near the Wytheville cell tower. He arrived 35 minutes late for a 10 am meeting at the Dickenson Community Hospital. So the drive actually took him 2 hours, 55 minutes. To calculate the fuel usage for the time he was allegedly lost, I will estimate that he averaged 65 mph and burned gas at a rate of 16 mpg. Forty-five minutes of driving would burn approximately 3 gallons of gas.

Using the above calculations, Jason should have burned approximately 24.81 gallons of gas between fill-ups. The tank on a 2004 Ford Explorer holds only 22.5 gallons. So it would appear that he purchased or had access to additional fuel somewhere along the way — a troublesome detail for his defense attorney.



Does anyone have a link to what the defense came up with? TIA
 
As Landonsmom pointed out, past behavior is an indication of future behavior. JY only thought of himself. How could he change ....as you say "his behavior" when so called behavior had been going on long before he even knew Michelle?

Please remember ALL the times......all the MANY times he embarrassed, humilated, berated, and belittled his wife and the mother of his children among family, friends, and in public. He didn't care where he was.....he just adored making fun of Michelle's PRIVATE sex life. And let's remember his penis tricks, he didn't care who saw him.....he would "whip it out" ANYWHERE!!.....poor, poor Michelle.....how embarrassed she must have been!!

I wonder if he gets to show off his penis tricks now?

Immature behavior does not make one a murderer. If it did, there would be murders occurring at a very high frequency.
 
We don't know what was discussed during the phone call when Jason was returning to Raleigh. It is impossible to factually state that no one of Jason's family knew what Meredith knew about the crime scene. Obviously police could not provide any additional information because they did not yet know the cause of death. We don't know what Jason did to follow up on the investigation.

What should Jason have done that he didn't do? What do family's normally do when they are informed over the phone that a loved one has been murdered? I'm sure they asked what happened, and I'm sure that police state that they won't know more until the medical examiner has completed an autopsy. Then what ??? Is the family supposed to answer questions over the phone about what they were doing at the time of the murder? Is that how investigations are initiated in Raleigh? How do other victims of crime feel about this practice?

JY was not informed of ANYTHING by LE because he NEVER, EVER spoke to them!!!

How many spouses would NOT initially talk to LE????? To at LEAST find out first hand what had happened. Explain it all you will.......defend it all you will.....excuse it all you will.....but the fact remains, he NEVER ONCE asked LE about his wife and what had happened. Rely on info from others??? I say BS!!!!
 
Immature behavior does not make one a murderer. If it did, there would be murders occurring at a very high frequency.

You're right, it doesn't but circumstantial evidence COUPLED with his behavior sure as hell does!!! His behavior was an indicator of what he thought of Michelle and his marriage.
 
We don't know what was discussed during the phone call when Jason was returning to Raleigh. It is impossible to factually state that no one of Jason's family knew what Meredith knew about the crime scene. Obviously police could not provide any additional information because they did not yet know the cause of death. We don't know what Jason did to follow up on the investigation.

What should Jason have done that he didn't do? What do family's normally do when they are informed over the phone that a loved one has been murdered? I'm sure they asked what happened, and I'm sure that police state that they won't know more until the medical examiner has completed an autopsy. Then what ??? Is the family supposed to answer questions over the phone about what they were doing at the time of the murder? Is that how investigations are initiated in Raleigh? How do other victims of crime feel about this practice?

BBM

We know as what had been testified to:He did NOTHING!

Well normally family, especially a spouse, will talk to the investigators and want to inquire how the case is going. They want to help police find the killer. If he had nothing to hide what was the big deal? So police were asking questions about him. He's the spouse of a murder victim. Wouldn't you want police to eliminate you as a suspect so they could find the killer?? How hard is it to come down to the station, with his lawyer present and ask questions? The lawyer would tell him what to answer and not answer.
 
So after going back over my notes and my bookmarked websites on my computer from years back I finally found something,with the help of my coffee :)

Take it for what you will but the following excerpt is from friction powered. A website started by Scout, a beloved poster who, from the begininng of this wanted to find justice for MY. This website has the search warrants and more info from both trials and also info from the very begining (november 2006) until February 2012. In this she was able to calculate the gas mileage and come up with the same thing the investigators did: it didn't add up. I will post it and the link for some people who are interested. Mods if this violates TOS please remove. Thanks.

http://frictionpowered.wordpress.com/category/michelle-young/page/2/

The issue of fuel usage has been a point of interest for many following the Michelle Young murder investigation since early on. Information from the recently executed warrants for Jason Young’s Internet activity have made it possible to better analyze the route that he traveled and the amount of fuel he would have burned on his alibi trip. The following is an excerpt from the 3/10/2009 warrant for Jason Young’s Bebo.com account:



In order to test Jason Young’s gas usage as it compared to the distance that he would have traveled on November 2-3, 2006 investigators with the Wake County Sheriff’s Office performed an experiment.



Investigators left South Saunders Street in Raleigh, North Carolina with a full tank of gas in a 2004 Ford Explorer that was comparable with the vehicle driven by Mr. Young. South Saunders Street was chosen as a departure site because Jason Young stopped here for fuel prior to leaving on his business trip. In a attempt to replicate Mr. Young’s trip as closely as possible, the stopped at the Cracker Barrel on Landview Dr. in Greensboro, NC, the Hampton Inn in Hillsville, Va, Dickenson Hospital in Clintwood, Va, and finally stopping at the Get-It-Mart in Duffield, Va. to refuel.



The amount of fuel used by the investigators was not consistent with the amount of fuel reportedly utilized by Mr. Young. In fact, investigators knew the comparisons would not be completely accurate prior to conducting the experiment. This inability to be accurate was because Mr. Young was 35 minutes late to his appointment. His explanation for being late was due to getting lost. The 35 minutes Mr. Young was late not only reflects time, but also distance traveled. Distance traveled will equal gas used and any additional gas usage by Mr. Young would only increase the inconsistency between his reported gas usage and that experienced by the investigators conducting the experiment.

Using Windows Live Maps, I calculated the miles driven on the route from the Handee Hugo #89 in Raleigh, NC, to the Dickenson Community Hospital in Clintwood, VA, and on to the Get-It Market in Duffield, VA, with stops at the Cracker Barrell in Greensboro, NC, and the Hampton Inn in Hillsville, VA:

•Handee Hugo #89 – Cracker Barrel: 84.9 miles
•Cracker Barrel – Hillsville Hampton Inn: 88.5 miles
•Hillsville Hampton – Dickenson Community Hospital: 150.1 miles
•Dickenson Community Hospital – Get-It Market: 53.2 miles
◦Total miles driven: 376.7 miles
The following calculations were done on the basis of gas mileage specifications for a 2WD, 8 cylinder, 2004 Ford Explorer from www.fueleconomy.gov.

•Interstate miles driven: 249.7 miles @ 18 mpg = 13.87 gallons burned
•Other miles driven: 127 miles @ 16 mpg = 7.94 gallons burned
◦Total fuel used between fill-ups at the Handee Hugo #89 and the Get-It Market in Duffield, VA: 21.81 gallons
◦Fuel tank capacity of 2004 Ford Explorer: 22.5 gallons
Using only the above parameters, Jason’s fuel tank would have had less than a gallon left in it when he stopped to refuel in Duffield, VA. He would have been long past the point of getting a low fuel warning; the needle on his fuel gauge would have been on E. If he was that low on fuel, why wouldn’t he have fueled up immediately after his meeting in Clintwood an hour earlier instead of driving another hour down the road to get gas in Duffield?

Assume he was a risk-taker and drove until his tank was practically empty; that explanation fails to take into account the time that he was allegedly lost which caused him to be late for his meeting. Windows Live Maps estimates that it takes approximately 2 hours, 10 minutes to drive from the Wytheville cell tower location to the hospital in Clintwood, Virginia. Jason’s cell phone pinged at 7:40 pm near the Wytheville cell tower. He arrived 35 minutes late for a 10 am meeting at the Dickenson Community Hospital. So the drive actually took him 2 hours, 55 minutes. To calculate the fuel usage for the time he was allegedly lost, I will estimate that he averaged 65 mph and burned gas at a rate of 16 mpg. Forty-five minutes of driving would burn approximately 3 gallons of gas.

Using the above calculations, Jason should have burned approximately 24.81 gallons of gas between fill-ups. The tank on a 2004 Ford Explorer holds only 22.5 gallons. So it would appear that he purchased or had access to additional fuel somewhere along the way — a troublesome detail for his defense attorney.



Does anyone have a link to what the defense came up with? TIA


I don't get the 127 miles of non-highway and calculating a lower mpg. It's all highway from Raleigh to Hillsville. I believe that number should be much lower and that he wouldn't have been on fumes when he filled up.

http://youtu.be/--Olb3pkoLw
 
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