Louisville cops and the Jefferson County prosecutors are just as much victims of this case as is Trey Zwicker and Josh Young. In the vast majority of cases I have researched, I have come to the conclusion that institutional resistence can lengthen the amount of time it takes to exonerate a wrongfully-charged person. It is the same in this case. When a system has convinced themselves of guilt, it takes a miraculous act on part of both sides of the case to finally free the innocent party. It also takes a miracle to get these same mistaken people to go after the right party.
We all know by now that Josh Young was set up by his father. His mother's suicide the year before Trey's death is the trigger point. We know that Gouker was in prison that day Ms. Young died. We know that he surfaced back into his son's life that fall after he was set free. If he had planned to frame his son, it was either a spur-of-the-moment thing to cover up the crime or a carefully planned murder that waited for an opening in the two months after Gouker got back his son.
To be a spur-of-the-moment thing, Gouker must have thought to frame his son in Alabama. He must have had solid proof that he could prove that his boy killed Trey in cold blood over a month ago. Gouker may have had knowledge that he was not going to face kidnapping charges for taking his son, for the state did not petition the court to teminate the custody rights once Amanda filed the protection order against Gouker. Suspecion in a death of a another child would have been an opening for CPS to reverse the custody order back to the state. The state would then instantly file non-custodian kidnapping charges against Gouker and whoever he was with. (Kidnapping is a Federal Offense! Since Gouker crossed state lines the FBI would also get involved, so if the state boys would not file charges, chances are the Feds would not hesitate, not for an convicted ex-con like Gouker.) If indeed Gouker had that hanging over him, anything he would have said about his son would be seen as spouting off by a madman. "That's what they all say." Louisville police would have had enough time to further investigate Gouker, leading to murder charges being filesd against Gouker. Josh Young would be back home with his foster mother, safe from these senseless accusations, not rotting in some jail cell.
Neverless this did not happen, either by sheer oversight or sheer stupidity that matched the original custody order that put Josh in harm's way. If Dolly had only ruled against Gouker, Trey would still be alive today. If he planned to frame Little Josh for killing Trey, it would have still been done, but Gouker would try to frame someone else for the crime. Or we could have seen a more vicious crime inside that suburban home in the terms of a stereotypical murder-suicide.
IMHO, this was no spur of the moment fling to frame his son. Gouker planned this ever since he got out of jail. Josh was not the only target as I pointed out a while back. He planned this not only to get back at Amanda for aborting those two babies over a decade ago, but to get back at the system for putting his fat behind into prison and taking away his son (who I think he did not give a rat's ass to ITFP)
Josh Young is the biggest victim in this whole mess. Even if this does go back to juvenile court, I am highly confident that a trial would find the kid not guilty 100%. The State is making the biggest mistake of their whole lives and does not even care that they are screwing themselves at the behest of a cold-hearted, thirty-two year-old convicted felon named Josh Gouker, a man who should be as vilified in Louisville as the dorky wife-beater and murderer Shawn Windsor.
Indeed Windsor's own boy when he viciously killed him and his mother up in late 2003 was only eight years old. The boy was only a year older than Josh! Windsor ran after he did it. He even took pictures of his wife's battered body! This guy was eventually caught in rural North Carolina without incident, as if he knew the feds were coming for him eventually. He was tried and convicted. He was sentenced to Death Row, one of 37 currently there.
Even though he just killed one boy, Gouker is facing the same fate once the law finally realizes they were barking up the wrong tree. After they free Little Josh, he should prepare for a longer stint in the pokey, maybe a transfer to Edyville (I thought the capital, but if Gouker is there it would be a minor costume change.) to await the day with his appeals are exausted, the Governor will not intervene and the Supreme Court declines his case. Then they strap him into the chair or the gurney and put the tubes in. Finally they ask if he has any last requests. Gouker then curses the system one more time and cusses out his own son. Then the chemicals will slowly come in. Oh come on sweet death!
I really do not like the death penalty, but in extreme cases where every last avenue has been exhausted by the system, it may be the only way out for some people. With only one in every thirty death sentences being actually carried out, chances are very good that Gouker will spend the rest of his natural life in prison. Life or death, Gouker will have no chance in hell to ever get out to hurt anybody again.
Mr. Gouker can make easier for himself and for his son by just admitting the truth of what happened that night, not just lying so hard that a lie detector would not pick it up. If you think about it, the Court may be merciful about giving Gouker the death card. He may face life without parole, which is what he wants to give his boy.
We will not rest, Mr. Gouker until you face capital murder charges for killing a innocent boy of fourteen back in May of last year. We will also not rest until your son is forever free from this burden you put on him. We will not rest until the system is purged of the vile scumbags who helped you frame this innocent child.
The first step to collapse this house of cards is to free Josh from his chains and fetters. Why be afraid of an innocent person?
Chances are there is no DNA that links Little Josh, but there would be ample DNA or circumstances that would stick to Gouker. If the shoe fits, wear it. It may be the only way to get innocence unless someone else can prove Josh was somewhere else when Trey was murdered. Just that alone, along with DNA could cement more suspecion to where it should go. Why isn't forensics not saving this lad?