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

[Theevidence2021]

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

Agreed. I believe it was the basis of Mollys defence. IMO Mollys defence in particular was weak . I can remember at the time when the defence rested we were all shocked. As in that was it ? Admin here actually put a notice up advising people would be on Time outs . I thought he would rip his character to shreds . But nothing . Was that intentional I’m not certain either way . The children are older now they have voices and that will be very powerful. I didn’t like like Freedman saying the below . IMO it could be perceived as a little intimidating.

David Freedman, the lawyer representing Tom Martens, had pushed for the original statements to be shown to the jury four years ago. He now says he will cross-examine the Corbett children on the content when the case is retried.


“The jury will now hear those statements,” he said.

“These are the ones that were taken under the guidance of doctors, social workers and law enforcement in the days after Mr Corbett’s death. I’m open to cross-examining the children and showing the jury that when they made statements right at the time they were truthful.”

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

 

[stmarysmead]

I don’t think Freedman has been following the progress and maturity of Sarah and Jack. These young people are articulate, composed and grounded. Neither the Martins nor their attorneys can intimidate them anymore.

By the way, if Atty Freedman sounds familiar to some of you who followed another notorious NC legal case, the Duke Lacrosse Hoax, here’s why: he was the attorney who defended Michael Nifong, the DA whose egregious handling of the Duke Lacrosse Hoax, cost him his job and his law license...plus a night in jail. A rigged lineup, an expert witness who admitted Nifong had him withhold evidence, refusal to look at alibi evidence, lying in interviews to media...yes, Atty Freedman defended THAT Michael Nifong...as Nifong tried to send three innocent kids to jail for 40 years.


‘Jan. 25, 2007 — -- Mike Nifong, the embattled prosecutor once at the helm of the Duke lacrosse rape case, revealed little as he appeared in court Wednesday to face serious ethics charges by the North Carolina Bar.

In an interview with "Good Morning America," though, Nifong's attorney said that his stone-face expression buried the true feelings of a man under siege.

"He's devastated. It's very upsetting to be attacked. … It's like he's public enemy No. 1," said David Freedman, Nifong's attorney.

"Here's a man who's trying to do his job as an elected DA in Durham County. He's always held himself up as an ethical individual. … It's a bit of a surprise."

The Prosecutor's Defense -- Lawyer for Ex-Duke Prosecutor Nifong Speaks Out

 

[Theevidence2021]

Molly Martens struggled without Jason's kids in jail but has 'new lease of life'

The lawyer added Molly struggled with not being able to see Jason’s two children harder than being found guilty of his murder.

He said: “With everything she went through, having the kids taken away from her was the most damaging.

“I think even more damaging than the conviction was having those kids taken away from her.”

And he added she was upset when she learnt she couldn’t communicate with them upon her release.

 

[stmarysmead]

T

Molly Martens struggled without Jason's kids in jail but has 'new lease of life'

The PR campaign to make a rage killer sympathetic has begun.

 

[bernie millar]

T


The PR campaign to make a rage killer sympathetic has begun.

Still has no sympathy for the children's loss, its still all about her and her loss,the martens family will have a tough time with her on their hands now,
The above is my thoughts and opinions only

 

[Theevidence2021]

This is good .

Drop of blood on Tom Martens' shorts on night Jason killed to be tested

A DROP of blood on the shorts worn by evil Tom Martens on the night he and his daughter Molly killed Limerick dad Jason Corbett will be tested in the first step of preparation for their murder retrial

Davidson County District Attorney Garry Frank told the Irish Sun: “One of the particular rulings of the Supreme Court is one little drop of blood that wasn’t tested on an item and we’ll go back and try to test that.”

 

[stmarysmead]

This is my favorite quote from Atty Freedman:

“Mr Freedman said: “These are good, family people who have a stellar record – family, employment and community.

“And to have people all of a sudden target them for whatever reason is completely inappropriate.”

Yes, how well I remember that he also assured the public that DA Nifong was “a man just trying to do his job.” If you read Wikipedia’s entry on disbarred DA Nifong you will find that his nefarious tactics did not start with the Lacrosse players. A Durham man spent 20 years in jail before his conviction was overturned...

Mike Nifong - Wikipedia


“In July 2014 there was a call for all the cases Nifong had prosecuted to be reviewed on the basis of his having been shown to ignore due process in some cases including the murder trial against Darryl Howard, who had been convicted in 1995 of a 1991 murder of a woman and her daughter.[93]

In 2014, Darryl Howard, who at that time had been imprisoned for murder for 20 years, was granted a new trial because Nifong had withheld evidence in the trial that led to his convictions.[94] Two years later, following a hearing where the state was asked why the convictions should stand, the murder conviction was vacated and Howard released from prison, noting that DNA evidence not presented to the jury would likely have exonerated him.[95]”

So now we are being told that it is ‘inappropriate’ to ‘target’ this family with the ‘stellar record.’ Has Atty Freedman read “Turning This Thing Around” by Keith Maginn. Does he know how the ‘stellar’ family treated their daughter cycling in and out of bipolar episodes? Who financed her relocation immediately after her hospitalization and let an unsuspecting widower...who was furnished with false information about her credentials...hire her to care for his motherless infants? Didn’t the stellar family have any concern for those babies, much less for their own daughter...who had just required hospitalization? Where was just the paternal love and care to let a bipolar daughter with significant issues travel so very far away and...be left to care for someone’s infant children?

This family is as “stellar” as your former client was “ethical.” When you read these statements keep past practices and statements in mind. Just my humble opinion, as always.

 

[stmarysmead]

‘Target them, f0r WHATEVER REASON.” I am going to have to take a deep breath here and politely tell Atty Freedman to update himself on the ole evidence file.

“For whatever reason?” Read that autopsy report again. An FBI agent TRAINED at our government expense in how to subdue a subject....joined his daughter in beating a man with such intensity and with such repetition and rage that his skull fell apart. They had Jason down, they saw his agony, but they did not stop. The blood spatter is near the floor...no technicality can refute what anyone can see. They weren’t stopping Jason ...they were annihilating him.

Jason’s life was precious to many. He was not a petty ‘reason’ to be forgotten now as the Martens strive to assume some mantle of victim hood for themselves. IF Molly had such an adoring, protective Father...why didn’t she take her tapes to him? If MM could prove abuse, isn’t there standing in NC law for her to have obtained custody?

Stepparent Custody Rights in North Carolina - SeiferFlatow, PLLC | Charlotte Attorneys

Justice is about truth...not gimmicks in the law...or spinning a narrative. Hopefully, Maginn will testify. Definitely, these strong articulate children will testify. Between those testimonies, the truth will blow the phony narrative of this “stellar record” right into the same oblivion as the Nifong ‘integrity” spin.

my opinion only.

 

[Theevidence2021]

https://cases.justia.com/north-carolina/supreme-court/2021-73a20.pdf?ts=1615567180

Sorry I linked the wrong one last time

 

[emmalpage81]

https://cases.justia.com/north-carolina/supreme-court/2021-73a20.pdf?ts=1615567180

Sorry I linked the wrong one last time

This is exactly what I wanted to read, many thanks to you and TippLass who put up the CoA judgement.

I would really like to know where the comment mentioned in this judgement (the SC one) came from whereby it states that SC said....." 'what caused my dad being really mad' the night of the altercation was 'my mom kept on coming upstairs because I - like I have fairies on my bed, and I really got scared of those things, because they look like there are spiders and lizards on my bed. So that's why my mom had to keep on coming up [to my room]. I couldn't fall asleep until my mom put another sheet on my bed, and then my dad got mad."

The statement of SC as appended to the appeal of MM and TM stated (at page 60 of the brief) showed 'Sarah says she never woke up the night that her dad died and she must've been a hard sleeper that night. She said that she usually wakes up at light sounds.'

So SC must've both said that she woke up, and did not wake up, at the same time.

I am not sure how evidence is dealt with in the USA bit I know in Ireland, you put your evidence on affidavit and if so required any documentation is dealt with by way of exhibit. Anything not exhibited before the Court would not be considered. I am not sure where the comments that the SC referred to come from, they do not appear to be included in the appeal briefs.

All IMO

 

[stmarysmead]

This is exactly what I wanted to read, many thanks to you and TippLass who put up the CoA judgement.

I would really like to know where the comment mentioned in this judgement (the SC one) came from whereby it states that SC said....." 'what caused my dad being really mad' the night of the altercation was 'my mom kept on coming upstairs because I - like I have fairies on my bed, and I really got scared of those things, because they look like there are spiders and lizards on my bed. So that's why my mom had to keep on coming up [to my room]. I couldn't fall asleep until my mom put another sheet on my bed, and then my dad got mad."

The statement of SC as appended to the appeal of MM and TM stated (at page 60 of the brief) showed 'Sarah says she never woke up the night that her dad died and she must've been a hard sleeper that night. She said that she usually wakes up at light sounds.'

So SC must've both said that she woke up, and did not wake up, at the same time.

I am not sure how evidence is dealt with in the USA bit I know in Ireland, you put your evidence on affidavit and if so required any documentation is dealt with by way of exhibit. Anything not exhibited before the Court would not be considered. I am not sure where the comments that the SC referred to come from, they do not appear to be included in the appeal briefs.

All IMO

Was the second statement made after she returned to Ireland? Another odd thing...this fight which was so loud it woke the parents downstairs supposedly started right after MM changed those sheets, didn’t it? So there’s all this commotion...then they claim they immediately called police...but...when police arrived both children were sound asleep.

 

[irishmartin]

If that is the truth as reported, Molly Marten has indeed has a "brass neck". Having heard the kids speak esp Sarah pre the NC Appeal Court ruling of her daily struggle as the result of being orphaned as the result of the killing of her dad shows how out of touch to the reality these are. And this applies to the extended Marten family as they have not corrected this. Its themselves, themselves, themselves. Its as if the kids were fashion accessories. As I posted earlier I would imagine it would make both of theses now 'teenagers, Jack and Sarah physically sick any contact from these killers.

"The lawyer added Molly struggled with not being able to see Jason’s two children harder than being found guilty of his murder.
He said: “With everything she went through, having the kids taken away from her was the most damaging.
“I think even more damaging than the conviction was having those kids taken away from her.”
And he added she was upset when she learnt she couldn’t communicate with them upon her release.
When asked if she was finding it hard, Mr Freedman replied: “Yes.” He added the pair have found negative comments about them hard.
Mr Freedman said: “These are good, family people who have a stellar record – family, employment and community."
Molly Martens struggled without Jason's kids in jail but has 'new lease of life'

 

[irishmartin]

Was the second statement made after she returned to Ireland? Another odd thing...this fight which was so loud it woke the parents downstairs supposedly started right after MM changed those sheets, didn’t it? So there’s all this commotion...then they claim they immediately called police...but...when police arrived both children were sound asleep.

And Jason drugged with Mollys, Trazodone putting him into a deep sleep adds to the inconsistencies. The fact he was "not used" to this drug would amplify its effect.
"Patients who take the drug for a sleep disorder can experience the sedative effects within 30 minutes, depending on the type used."
The forensics concluded that Jason was attacked with his head on a pillow and the further blood spatter in the room was his attempts to get away from the assault and this was while he was on his hands and knees and when dead.
And the Martens continue as none of these fact exist.
Lawyers for Molly Martens make new claims in Corbett murder case

 

[MajorHoople]

I’m not sure I’m allowed to post it here. But go to Change.org and search for “retrial for Molly and Tom Martens.” Or if you can access Facebook...go to Jason’s Journey page.

Nearly 10,000 (and climbing) have now signed.

 

[MajorHoople]

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."

It's been my experience in watching the court system that the prosecution usually wins the second trial.

 

[Theevidence2021]

This must be a huge boost of encouragement for the Corbett family . No doubt he has in-depth knowledge of Molly Martens character ....


https://www.independent.ie/world-news/north-america/justice-will-be-finalisedus-official-who-rejected-molly-martens-bid-for-custody-of-corbettchildren-backs-retrial-decision-40303742.html

Justice will be finalised’ – US official who rejected Molly Martens' bid for custody of Corbett children backs retrial decision

After hearing dramatic evidence of Ms Martens history of mental health problems - and with the growing realisation that both she and her father were the focus of an escalating North Carolina murder investigation - Mr Shipwash awarded custody to Mr Corbett's sister, Tracey, and her husband, David Lynch.

Mr Shipwash said the decision clearly put the pursuit of justice over expediency.

"Garry Frank had no control over the bond but he had full control over the decision to offer a plea or a new trial - thank you!

America's justice system is not perfect but it is designed to let a guilty person go free before an innocent person is found guilty.

 

[emmalpage81]

Was the second statement made after she returned to Ireland? Another odd thing...this fight which was so loud it woke the parents downstairs supposedly started right after MM changed those sheets, didn’t it? So there’s all this commotion...then they claim they immediately called police...but...when police arrived both children were sound asleep.

No, that is the notes from Dragonfly House where they were taken after the memorial for JC in North Carolina. I am not sure where the first statement came from as it is not in the appeal briefs.

 

[stmarysmead]

Ralph Riegel, journalist for the Irish Independent and co-author of My Brother Jason discusses the evidence here. There so much I’d forgotten and some new information.

Episode 9: The murder of Jason Corbett and the fairytale that turned into a nightmare

 

[bernie millar]

Ralph Riegel, journalist for the Irish Independent and co-author of My Brother Jason discusses the evidence here. There so much I’d forgotten and some new information.

Episode 9: The murder of Jason Corbett and the fairytale that turned into a nightmare

Crimeworld Extra - The Molly Martens Retrial
This is another link to the recent podcast as Ralph riegel speaks about the martens release and retrial, i found it after watching the other podcast

 

[bernie millar]

Man who refused Molly Martens custody of Jason's kids reacts to retrial decision
A piece by brian shipwash who was the judge in the custody case, he is now a private investigator