CONVICTION OVERTURNED NC - Jason Corbett, 39, murdered in his Wallburg home, 2 Aug 2015 #11 *Guilty*

[irishmartin]

But...there will be a retrial! Tracey Lynch works another miracle!

Yes indeed Tracy Lynch is like a lioness defending its young in getting justice for her beloved brother Jason and the father of his kids. I presume the DA of NC was testing the water to see if it would be acceptable a manslaughter plea. I believe the message went out quite clearly to all involved it was not. I see all these Facebook campaign friends have dried up. Their family has also gone largely silent and looks like moved on accepting the inevitable. The Martens are old stale news and the world has moved on and the kids they laid claim on, puke to their existence.
The proverbial "spanner" in the works the Corbett kids, Jack and Sarah will hopefully turn out to be a "false dawn" for these vile killers. Both Jack and Sarah want to be heard in the courts. Wont make easy evidence and should be very counter productive for these killers. All they are getting is a brief reprieve but the "sword of damocles" still hangs over them.

 

[irishmartin]

repeat post removed

 

[stmarysmead]

I wonder if Keith Maginn will be called this time?

 

[lynchmob67]

First picture of Jason Corbett killer Molly Martens after release on bail

 

[DropthePuck]

First picture of Jason Corbett killer Molly Martens after release on bail

Well...at least she looks like crap. I'd like to smack that smile right off her father's face. Vile humans. From what I'm reading, I don't think it's guaranteed that there will be a retrial. The plea deal is still on the table. I can't imagine these two cretins passing up that plea deal to take their chances on losing at a retrial. This whole thing is such a miscarriage of justice.

 

[BrownRice]

I’m so disappointed to see Molly released from prison.

 

[emmalpage81]

Does anyone have the judgment of the Supreme Court? I am having trouble putting my hands on it. I am still very unsure as to why two higher courts have now held that SC had a nightmare that night and, this evidence, would support the defence.

I have looked again at the transcript of Sarah's interview that was appended to the original appeal and she clearly states that she did not wake up that night, she states it was strange as she usually wakes at the slightest sound. The only one who said SC woke was MM, this was confirmed by JC in his interview where he stated SC had awoken due to a nightmare, he was asked how he knew this and he replied that MM told him.

 

[stmarysmead]

Does anyone have the judgment of the Supreme Court? I am having trouble putting my hands on it. I am still very unsure as to why two higher courts have now held that SC had a nightmare that night and, this evidence, would support the defence.

I have looked again at the transcript of Sarah's interview that was appended to the original appeal and she clearly states that she did not wake up that night, she states it was strange as she usually wakes at the slightest sound. The only one who said SC woke was MM, this was confirmed by JC in his interview where he stated SC had awoken due to a nightmare, he was asked how he knew this and he replied that MM told him.

I believe the main issue was that the children (coached as they now admit they were) told stories in their interviews that Jason was abusive to Molly. Since that would bolster the claims that MM and TM made in their statements...the Court held that the jury should have heard the evidence. I believe it was a split judgement with a narrow win for MM and TM.

 

[emmalpage81]

I believe the main issue was that the children (coached as they now admit they were) told stories in their interviews that Jason was abusive to Molly. Since that would bolster the claims that MM and TM made in their statements...the Court held that the jury should have heard the evidence. I believe it was a split judgement with a narrow win for MM and TM.

My issue is really the fact the courts have specifically stated certain averments of the children should have been included. Specifically they state that SC said she had a nightmare that night which cooberates the Martens' defence of JC becoming violent after being awoken. The court of appeal judgment specifically referred to this particular statement, yet the transcript provided to the court (as part of the Martens' brief) said the complete opposite.

This in particular really bothers me. I have read numerous times the transcript where SC states she did not wake. This is a weight that should never have been put on a child and the courts are exacerbating this.

All IMO

 

[Tipplass]

This is where i read the judgement, sorry it wouldn't let me upload the file

 

[irishmartin]

There are so many inconsistencies in the Martens story, that nothing stands up. From the baseball-bat origins, to the supposed nightmare of Sarah Corbett. They also spin a lie about the death of Jason Corbett first wife Margaret which is not supported by the facts. Jason was drugged that night and I presume a team working jack-hammers next to him would not have woken him. These supposed hero fighters had not as much as a scratch on them and the evidence from them of a titanic type life and death struggle. They did not even stop battering him even when dead. This was a young healthy fit strong man in the prime of his life versus what would be a “no” contest in a “level” playing pitch.

Pathologist Dr Craig Nelson has already indicated that at least one of the major blows suffered by Mr Corbett was post mortem or sustained after his heart had stopped beating.
Jurors shown baseball bat and blood-stained paving brick used to inflict fatal head injuries on Jason Corbett

The evidence available of the secret recordings is of someone being goaded and incited. The bottom line is the motivation of all this which had one obvious goal, that of “getting” complete uncontested control over the Corbett kids, esp Sarah and there was nothing going to stop them in that pursuit even the cold blooded murder of their father. Molly Martens life was focused completely on this and her killer father Tom came to the rescue while mammy Sharon stood by as it occurred. As for the Corbett kids, that of Jack and Sarah I can’t see the evidential value of their evidence. It’s all coloured by the environment it was taken in. The Martens had even coached them that the “monsters” of their father’s family was trying to take them out of the bosom of their supposed caring real family that was best for them and it would appear at the time their childhood innocence they fell for it.

 

[peregrino]

With a retrial, could the evidence about the change in beneficiary of Jason's insurance policy be admitted? As far as I recall it couldn't be used in the original trial because of the way it was obtained by the police.

 

[irishmartin]

With a retrial, could the evidence about the change in beneficiary of Jason's insurance policy be admitted? As far as I recall it couldn't be used in the original trial because of the way it was obtained by the police.

I understand of a re-trial is as if the first trial did not take place. The primary rule of admitting evidence is does it have 'probative value'.

"The expression 'probative value' is defined to mean: the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue."

 

[peregrino]

I understand of a re-trial is as if the first trial did not take place. The primary rule of admitting evidence is does it have 'probative value'.

"The expression 'probative value' is defined to mean: the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue."

The reason I asked if evidence of the change in beneficiary of the insurance policy could be admitted to the retrial is that it could provide motive for premeditated murder. Ok, probably not strictly necessary for 2nd degree murder, but it would certainly influence a jury and make a re-conviction on that charge more likely, perhaps?

 

[Theevidence2021]

Hey Long time lurker hopefully part time sleuther . That didn't go so well last time but here I am . Still hoping for Justice for Jason

Davidson County, Nos. 16 CRS 21–24 STATE OF NORTH CAROLINA v. MOLLY MARTENS CORBETT and THOMAS MICHAEL MARTENS

https://cases.justia.com/north-carolina/court-of-appeals/2020-18-714.pdf?ts=158082

 

[Theevidence2021]

To me this stinks of arrogance . Thank goodness for their greediness .

Martens plea deal collapsed because pair weren’t prepared to serve any more time in jail

Martens plea deal collapsed because pair weren’t prepared to serve any more time in jail

Martens plea deal collapsed because pair weren’t prepared to serve any more time in jail

A plea bargain offer to Tom (71) and Molly (37) Martens over the voluntary manslaughter of Irish father-of-two Jason Corbett (39) collapsed because of the proposed prison term involved.

US legal sources indicated the plea bargain offer from Davidson County District Attorney Garry Frank collapsed because the father and daughter wanted any deal to only involve time already served in prison.

Prosecutors were adamant any voluntary manslaughter plea had to fall within normal sentencing criteria in North Carolina – meaning the father and daughter would face further time behind bars.

A plea bargain deal was then offered whereby they would avoid a full retrial if they admitted voluntary manslaughter.

It is understood the defence argued any plea deal should only involve time already served in prison.

Normal manslaughter sentencing guidelines are between five years and seven months and nine years.

If a minimum term were applied, both would face two further years behind bars.

Mr Corbett’s family vehemently opposed any plea deal and vowed to take legal action in North Carolina to challenge it.

 

[Theevidence2021]

If any missed Keith Maginns book please do read it .

Former fiance of killer Molly Martens slams her release from prison

Ex-fiance of killer Molly Martens says he's 'deeply disappointed' she has been released from prison

An ex-fiance of killer Molly Martens has slammed the US justice system after she walked free from prison this week.

Speaking to the Irish Mirror, Keith Maginn, the former fiance of Molly, also said his heart goes out to the family of slain Limerick Dad Jason Corbett - and he hopes they get justice in the impending retrial.

"Most of all, my heart goes out to the victim's family -who continue to show incredible strength and dignity for having to go through the pain and stress of another trial, he said.

But he said he was not surprised by the outrage over a Supreme Court decision that saw Molly and her father Thomas’s convictions dramatically overturned earlier this year - adding that he was deeply disappointed with the American justice system and its media.

“I am not surprised the Irish people have been repeatedly shocked and appalled by the American "justice" system and media.

“I am embarrassed by the sensationalism of much of the media in the U.S in regards to this case, and I hope justice will ultimately be served, he said.

But eventually the pair ended up having “explosive” arguments, according to Keith in an earlier interview in 2017.

And since then he has realised that Molly has a duplicitous nature - and he firmly believes she murdered Jason.

“I feel the whole reason why Jason was killed was that Jason wanted to take the kids back to Ireland and she wasn't having it,” he previously told us.

 

[irishmartin]

The reason I asked if evidence of the change in beneficiary of the insurance policy could be admitted to the retrial is that it could provide motive for premeditated murder. Ok, probably not strictly necessary for 2nd degree murder, but it would certainly influence a jury and make a re-conviction on that charge more likely, perhaps?

Reading the very reliable reporting of Ralph Riegel of the Irish Independent, he doesn't state the NC Public Prosecutor was in negotiations with the Martens. What he states is was a "precondition" of the Martens for the MS plea bargain it would be for "time served". Its not clear if there was a plea bargain offer even available. As for the admissibility of evidence it would depend in how it was obtained. If it was illegally or obtained under duress then its not admissible. But the general rule all evidence is admissible in a criminal trial unless of the above criteria and its not lawyer-client privileged. But the primary motive for the crime was the "kids" after that was they coming "well heeled".
From what I recall it was admitted into evidence that the killer Molly Marten had sought legal advise of getting control over the kids through "guardianship" which the legal advise was, it was not possible unless their father consented. We also know from the evidence it was an issue of conflict between the Marten family and Jason Corbett the father of the kids. Tom Marten had raised it several times with the murder victim Jason Corbett.

 

[irishmartin]

Hey Long time lurker hopefully part time sleuther . That didn't go so well last time but here I am . Still hoping for Justice for Jason



https://cases.justia.com/north-carolina/court-of-appeals/2020-18-714.pdf?ts=158082

Court summation very much skewed in the Martens favour of the evidential value of the children evidence.

 

[Theevidence2021]

This written by the ever brilliant Catherine Fegan . I thought her coverage of the case and trial was fantastic. Holton is suggesting change of venue and that

“All the cards are back on the table,” said Mr Holton.

Molly Martens’ lawyer says she may take stand in Jason Corbett murder retrial

Molly Martens’ lawyer says she may take stand in Jason Corbett murder retrial

Of all the murder cases he dealt with during a career that spanned almost 50 years, there is one in particular that stands out in the mind of retired Davidson County Sheriff David Grice.

What sticks out about this one for me is this guy (Tom Martens) was supposed to be a professional law enforcement officer. Yet he couldn’t find any other alternatives but to beat that man (Jason Corbett) to death with a baseball bat once his daughter (Molly) hit him. I’ve had to hit a lot of people. When you hit them and they are down, you put the handcuffs on. In this case, once they had that man down they should have left the house.

The big shock for me was the supreme court ruling. I one hundred present believe those two should still be in prison. A retrial will give the same verdict. There will be a lot of money spent by the state to do that

On Thursday afternoon, a day after Molly had been released, Walter Holton, the lawyer who represented her during her 2017 trial for murder, was cautiously pondering his next move.
Another lawyer, Doug Kingsberry, handled her appeal and this week’s bond hearing, but Mr Holton insists he is still involved in her defence.

“I’ve been involved right through the hearing on Thursday,” he said.

“Going forward, once Molly and her family are reacquainted and have had some time to rest, I will decide what next steps in particular that I may take.