Murder on Birchleaf Drive

by Steven B Epstein

  Jason’s phone records revealed that in the thirty days leading up to the murder, he and Money had exchanged more than 400 text messages and phone calls. They also established Money was the last person Jason had spoken with on November 2 while at the Hampton Inn, approximately fifteen minutes before he appeared at the front desk the second time.

  The two had exchanged more than fifty text messages and calls that very day. And Jason was back on the phone with her beginning at 7:49 a.m. on November 3 when he was near Wytheville.

  Curiously, just after Jason began that call, he placed Money on hold and called his home phone. He left a message on the answering machine stating he was aware of his wife’s 9:00 a.m. doctor’s appointment and was just calling to let her know he was going to head onto Brevard after his sales meeting to spend the evening at his mother’s home.

  After finishing that message, Jason spoke with Money for another eighteen minutes. He was also on the phone with her that afternoon as he was headed toward Brevard, at the very time Linda was frantically trying to contact him to inform him of Michelle’s death. Both her messages rolled to voicemail, which Jason apparently never checked.

  • • • • •

  On November 16, Wake County Sheriff’s investigators and detectives descended upon Ocoee, Florida—about twelve miles from Orlando—to interview Money. She immediately confessed to having an extramarital affair with Jason.

  The “business meeting” Jason told his wife he was flying to Orlando to attend on Saturday, October 7—three days before their third wedding anniversary—was actually a tryst he had arranged with Money. Her husband Steve was out of town that weekend, which allowed Jason to slip in undetected. He stayed at Money’s home the entire weekend. She told investigators that they had sex twice while he was there. Money drove Jason to the airport that Monday morning for him to catch his flight to Denver—for an actual business meeting.

  With search warrant in hand, investigators trolled through Money’s computer. Sure enough, there was an email stream between the two to complement their text message stream. One email exchange in particular stood out. In that exchange, dated October 28, 2006—six days before the murder—Jason said:

  i feel lucky just to know you, much less love you, but i do.

  i don’t know how all this happened, but i know how it will end up…two broken hearts…but, i don’t care. i know there is pain in my future, but you are so worth it, even if it’s only for a “blink” in time.

  Money responded:

  Missing you so much!!! I won’t even get into my husband’s lack of romance, affection, attention, etc…

  I wish things were different for all of us. Miss you tons!

  By the time they read this email, detectives had already unearthed the $2 million insurance policy on Michelle’s life—on which Jason was listed as sole beneficiary. If the prospect of recovering on that policy didn’t qualify as sufficient incentive for Jason to want his wife out of the picture, his professed love for Money certainly did. To the extent a jury needed to hang its hat on a motive, detectives had now established not one, but two.

  • • • • •

  While one set of Sheriff’s investigators canvassed gas stations between Hillsville and Raleigh, another was dispatched to canvass the Enchanted Oaks neighborhood. They were particularly interested in learning whether anyone happened to see anything unusual at 5108 Birchleaf Drive during the early morning hours of November 3.

  Terry Tiller delivered the New York Times to 5200 Birchleaf Drive, a little farther down the road from the Youngs’ house, which she typically passed by between 3:00-4:00 a.m. She told investigators that the Youngs’ house jumped out at her the morning of November 3 because all of the interior and exterior lights were on—she assumed there must have been a late-night party. Normally Tiller wouldn’t have even seen the house because it was set so far back from the road, she told investigators. She also noticed a light-colored, medium-sized SUV parked in front of, and parallel to, 5108 Birchleaf as well as a silver-blue van parked directly across the street. She didn’t see anyone in, or near, either vehicle, however.

  Cindy Beaver lived about ten houses farther down Birchleaf Drive from the Youngs. She was a postal worker who had a 6:00 a.m. shift at a post office near the N.C. State campus. She told investigators on November 7 that at about 5:20 a.m. on November 3, she was in her Volkswagen Beetle heading down Birchleaf Drive toward the subdivision’s entrance. She had her bright headlights on to spot any deer that might cross the road. As she rounded a bend in the road, she saw a vehicle at the edge of the Youngs’ driveway, facing the street. She recalled it being light-colored and similar in size to what a “soccer mom” might drive.

  As best Beaver could remember, the vehicle was edging toward the street, with its headlights on, when the beam of her bright lights crossed its windshield. She couldn’t make out if the passenger was a man or woman, but could see that person’s head jerk away. She recalled being mortified she had scared this person, who she could only describe as having thick hair. She was able to get a better glimpse of the driver, someone she recalled being a white male whose hands were gripping the steering wheel.

  Another neighbor investigators spoke with was Fay Hinsley, a spry, elderly woman who lived alone on the street behind the Youngs. She had a regular hair appointment every Friday morning, and was on her way there at approximately 6:15 a.m. on November 3, when she noticed a medium-sized, grayish SUV parked at the very end of the Youngs’ driveway, facing and nearly into the street. At first she was startled because she thought the vehicle was going to race out at her, but then noticed the driver’s seat was empty.

  Of the three accounts, only Tiller’s was consistent with the timeline established by the 6:35 a.m. tampering with the Hampton Inn’s security camera. Detectives determined that it would have taken Jason at least two hours and 25 minutes to drive from Raleigh to Hillsville in the early morning hours—not including his stop to refuel. Based on Tiller’s account, Jason could have been on the road back to Hillsville prior to 4:00 a.m. Her account fit neatly within their working timeline.

  But neither Beaver’s nor Hinsley’s were at all consistent with that timeline. In fact, those accounts were quite similar to one another in that they placed a vehicle at the edge of the Youngs’ driveway, facing toward the street, though at different times. And if Beaver’s account were correct, it was most unlikely that the white male she saw was Jason Young, as there was irrefutable evidence his phone pinged a cell tower in Wytheville, Virginia—some 200 miles away—at 7:40 a.m.

  • • • • •

  On Monday morning, November 6, Jason was in downtown Raleigh for his first meeting with his lawyer. The law firm of Tharrington Smith was widely regarded as one of North Carolina’s leading criminal defense firms. Brothers Wade and Roger Smith—both former football players for the University of North Carolina Tar Heels—had been involved in numerous high-profile murder cases during the nearly four decades they had practiced law together.

  Wade Smith was one of the defense attorneys for Jeffrey McDonald, the surgeon and Green Beret who in 1979 was convicted of killing his pregnant wife and two children while stationed at Fort Bragg, North Carolina. He had also represented one of the Duke University lacrosse players who had been falsely accused of sexually assaulting an African-American exotic dancer.

  Though Ryan Schaad had informed Jason his appointment would be with Roger Smith, the Roger Smith who extended his hand to greet his new client that morning was considerably younger than what Jason had been expecting. Roger Smith, Jr., Roger’s son and Wade’s nephew, had been practicing criminal law at Tharrington Smith since graduating from law school in 1999. Having learned from the best—as much through osmosis from his father and uncle as from his studies in law school—he had already established himself as an excellent lawyer in his own right.

  Based on Smith’s advice, Jason refused to have any contact with the Sheriff’s Office or its detectives, despite their repeated request
s. Smith informed the Sheriff’s Office Jason would be exercising all rights granted to him under the Constitution, most particularly, his right to remain silent. In fact, based on his lawyer’s advice, Jason refused to discuss the case, his whereabouts on November 3, or his relationship with his wife, even with his friends and family.

  On November 8, Smith accompanied Jason to the CCBI office in downtown Raleigh to respond to a “non-testimonial order” the Sheriff’s Office had obtained to photograph Jason, gather head and pubic hair, take fingerprints and footprints, and collect samples of saliva and blood for DNA analysis. The CCBI was also authorized to obtain his body measurements and to fully inspect Jason’s body for any cuts, scrapes, bruises, or abrasions.

  The Constitutional right against self-incrimination didn’t protect Jason from having to submit to such an examination. It was a fairly routine procedure following a homicide and didn’t necessarily indicate that Jason was being treated as a suspect, let alone the primary suspect.

  By this time, investigators were fully aware Michelle had actively defended herself against her killer. Logic suggested her assailant’s body would bear some indication of the struggle. Investigators were hoping they could turn Jason’s body into a critical piece of evidence against him.

  But their hope quickly dissipated. They carefully inspected and photographed Jason’s arms, hands, and fingers. Not a single scratch or bruise was visible.

  The skin on his face was silky smooth and clear. Investigators had Jason strip and photographed every square inch of his body. Above his ankles, there wasn’t a single blemish anywhere to be found.

  The only aberration was on Jason’s left foot. There was some black bruising underneath the nail on his left big toe, at the base of the toenail. There also was some minor blistering along the left side of the same foot, near the pinky toe. But beyond those two findings, investigators found nothing whatsoever to indicate that Jason had been involved in a savage attack against a woman who had clearly defended herself.

  • • • • •

  As the calendar turned from November to December, and then into 2007, much of the investigative work moved from the crime scene, neighborhood, and hotel to the crime laboratory at the State Bureau of Investigation. It would take some time for SBI serologists, chemists, biologists, and forensic computer examiners to analyze all of the blood, fingerprints, DNA, hair, carpet fibers, shoe impressions, digital, and other evidence investigators had collected.

  Though the lead detectives continued to be wedded to their theory and timeline that placed Jason at the murder scene, they hadn’t yet come up with a murder weapon, a reliable eyewitness, or any forensic evidence connecting Jason to the crime. They also were still at a loss as to how to explain Cassidy’s remarkably clean appearance when she was discovered in Jason’s and Michelle’s bed.

  Michelle’s mother, sister, friends, and co-workers—and the public at large—were eager for answers and closure. But Wake County Sheriff Donnie Harrison cautioned everyone to be patient. His staff had accomplished a lot during the first few months of the investigation. Ultimately, he believed, they would make an arrest and, if necessary, prove their case.

  If Jason Young did commit this despicable act, in due course, they would bring him to justice.

  7

  Custody and Wrongful Death

  By November 2006, Cassidy Elizabeth Young had become as central to the lives of Meredith and Linda Fisher as she had been to Michelle Young’s. Meredith, after all, had moved to North Carolina the day her niece was born to be her nanny. The two had an incredibly strong bond—it was rare for them to be apart for more than a few days.

  If Michelle needed someone to care for Cassidy, her sister was always her first choice. And as it turned out, Cassidy spent her first two nights following her mother’s death with her Aunt Emmy.

  For her part, Linda had devoted large chunks of her summers to be with her only grandchild. She too had a special relationship with Cassidy. When she stayed at 5108 Birchleaf Drive, Cassidy spent far more time with her grandmother than she did with her own father—even when Jason was working from home. Having recently retired from teaching, Linda had been making plans to move to North Carolina permanently. She couldn’t wait until Cassidy was part of her daily life.

  But now that Michelle was dead, neither Meredith nor Linda had begun to process how her absence would affect their time—and relationships—with Cassidy. Before they could give that question any considerable thought, Cassidy was gone.

  Immediately after Michelle’s funeral, Jason had Heather and Joe whisk Cassidy away to the mountains to insulate his daughter from the swirl of media attention surrounding the murder. Not only were Meredith and Linda not involved in that decision, they hadn’t the slightest hint Cassidy was being relocated until she was long gone. They weren’t even given the opportunity to say goodbye.

  When investigators released Jason’s Ford Explorer a few days later, he joined Heather and Joe in Etowah, about a twenty-minute drive from his mother’s home in Brevard. At the time, Heather and Joe had no children. Though Heather had been with her niece only a handful of times, she began caring for her as if she were her own child. Cassidy and Jason lived there until December 2007, when Heather needed to turn Jason’s room into a nursery, as she and Joe were expecting their first child. Jason and Cassidy then moved in with Pat and Gerald.

  It didn’t take Meredith and Linda long to realize Jason was now Cassidy’s gatekeeper. If they wanted to speak to Cassidy by phone, that would occur only upon her father’s express approval. If they wanted to visit her in person, Jason would get to dictate if, when, where, for how long, and under what conditions that visit would occur. For instance, Linda tried to make arrangements to see Cassidy in Brevard during the 2006 Thanksgiving and Christmas holidays. To her shock and dismay, she was rebuffed.

  Pat and Jason apparently were wedded to the notion that Meredith and Linda were planning to kidnap Cassidy and take her back to New York. Pat told her son the funeral director pulled her aside during Michelle’s pre-funeral visitation to inform her she had overheard Linda telling Meredith, “We ought to just take Cassidy and go.” Yet as it turned out, it was Jason, not Linda, who had quietly orchestrated her relocation.

  Meredith ultimately prevailed upon Jason to allow her to exchange Christmas gifts with Cassidy just before New Year’s Day 2007.

  Jason arranged for a “neutral site” visit at his friend Brian Ambrose’s home near Charlotte, about half way between Raleigh and Brevard. The visit was short—and tense—and entirely under Jason’s watchful eye.

  Linda was first permitted to see her granddaughter at her third birthday party at Pat’s home in late March 2007. She had asked if she and Meredith could have a separate party for Cassidy, but that request was denied. As a consolation, Pat indicated Meredith and Linda could have some “alone time” with Cassidy at her home both before and after her party. But neither actually occurred.

  In the spring and summer of 2007, Pat did accommodate a handful of visits at the Holiday Inn Express in Brevard. Meredith and Linda would make the five-hour trek from Fuquay-Varina, spend the night at the hotel, and patiently await Cassidy’s arrival the following morning.

  The visits were usually over in two hours or less. According to Meredith, these visits were “extremely supervised” by Pat and one of her friends. Jason never attended.

  “There was always someone a few feet away,” she explained. When she tried to take Cassidy to the bathroom during one of the visits, Pat’s friend stood guard just inside the bathroom door, presumably to ensure that Meredith didn’t try to snatch Cassidy and run.

  That fall, Pat arranged a visit at her home when Jason was away. About two hours into the visit, while Cassidy was napping, Pat sat Meredith and Linda down in her living room. She left momentarily and returned holding a piece of paper. Visibly annoyed, she dropped a photocopy of an article from New York’s Newsday on the coffee table in front of them. The article indicated Pat and Jason
hadn’t been permitting Linda and Meredith to visit with Cassidy.

  Clearly perturbed, Pat asked, “Why are you saying this when you’re having visits? We’d like you to correct this and let the media know that yes, you are seeing Cassidy, you are having visits.” Linda promised to let the media know they were indeed having visits. But Pat also pressed another issue—that Linda had been bad-mouthing Jason about his affair with Michelle Money.

  Through squinted eyes, Pat glared at Linda, saying, “You don’t know that he had an affair.”

  Now annoyed herself, Linda shot back, raising her voice, “Sure I do! She told the investigators she did.” That statement and Linda’s tone only riled Pat more. Turning to face Meredith, she said, quite sternly, “We need you to stand up for Jason and support him publicly.”

  But Meredith was having none of this, telling Pat, “We’d be happy to support Jason publicly—once he starts cooperating with the police.”

  “He needs to get up with his lawyer and go talk with the detectives,” Linda chimed in.

  That was about all Pat could bear. “If you won’t retract that statement, if you won’t support Jason publicly,” she warned, “I’m afraid that we can’t arrange for any more visits with Cassidy.”

  It was an ugly confrontation. Meredith and Linda felt like they had been ambushed. After two hours of joy being with Cassidy, the entire day had been ruined. They departed in an angry state, fearful even more restrictions would now be placed on their time and contact with Cassidy. Their stomachs churned during their long drive back to Fuquay-Varina.

  Pat apparently meant what she said. From that point forward, all of Meredith and Linda’s attempts to contact Cassidy by phone were rebuffed. All gifts and cards were returned—unopened—including their Christmas gifts that December. Neither Pat nor Jason would accept their calls or respond to their emails. They were completely cut off from Cassidy.