kittythehare
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well done on sussing out all the relevant legalities!thank you this is the one I remember reading and I guess I thought of what the parents wanted for their children as translating to their will in my mind...he did focus on the children's Irish citizenship...but I was trying to make the point about the evidence being used at trial...I have no doubt that Molly moved quickly to probate Jason's estate as his surviving spouse...and that's how and why she got it before the court so quickly...I asked before if she knew about his will before he died?...I'm only curious because maybe she would have done things differently had she known? did she expect the Lynchs to show up here and contest her?...she obviously relinquished his body pretty quick...and yet she wouldn't let them see the children because why?... IMO for that reason alone, she presented herself as uncaring and unstable like she couldn't see anything coming... but my point is I don't think evidence presented to a probate judge can be used against a defendant in a criminal trial...I found this article here that talks about NC's "trial de novo"...the way I'm reading it not only is there a "start fresh" aspect for the criminal proceedings, there is also that aspect to her property appeal being heard in superior court... http://nccriminallaw.sog.unc.edu/trial-de-novo/
Remember, however that this case has already been heard by a Garnd Jury, the results of which are sealed indefinitely.
The custody case is an entirely different case.
we talked about it lots and many of us decided not to discuss it further here, only in so far as it may apply to motivation for this brutal murder. This is in order to show respect for the children and to protect them from further media exposure which may endanger their security and their future happiness.
They were not guilty of anything.