GUILTY NC - Jason Corbett, 39, murdered in his Wallburg home, 2 Aug 2015 #3

[searchinGirl]

That's OK. There is so much stuff going on with this case it is easy to miss stuff. But not only did they not find a a bat, they also did not find any bag which was also named on the warrant as items to look for however one of MM pics on FB has the sleeve of a baseball bat with 'Jack Corbett' clearly written across it placed on top of the clothes she was photographing. It was not sitting in the corner of the picture, it was not amongst the cloths, it was carefully placed on top of the cloths. It was not even in the photographs of the many bags & toys that she took pictures of, it took pride of place on his cloths. I thought that that was really bizarre.

a statement of some kind of Molly...

 

[kittythehare]

Same site, found this on voluntary manslaughter

In North Carolina, second-degree murder occurs when a person kills another living human being with malice. See Jessica Smith, North Carolina Crimes, A Guidebook on the Elements of Crime 90 (7th ed. 2012) [hereinafter NC Crimes]. North Carolina law recognizes three forms of malice:(1) the express emotions of hatred, ill will, and spite;
(2) the commission of an inherently dangerous act in such a reckless and wanton manner as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief (which I refer to below as “inherently dangerous act” malice); and
(3) a condition of the mind which prompts a person to take the life of another intentionally, or to intentionally inflict serious bodily injury which proximately results in death, without just cause, excuse, or justification.

Link to full article is here. this concerns a drugs case so not directly pertinent but interesting read
http://nccriminallaw.sog.unc.edu/is...ser-of-second-degree-murder-by-drug-overdose/

 

[fido]

Great info and also add that school wasn't to start for 2-4 weeks after Jason was murdered . I was totally baffled as to why a school project would be there especially when school hadn't started back . I will find the link of the school starting back

1. http://www.ncpublicschools.org/fbs/accounting/calendar
2. Personally I wouldn't think they would be excited about going back to school when their father had just been murdered . But that's just my opinion . Very cold again by Uncle Mike

Totally agree stephen - I posted on this on the 1st thread - again its like their memory is totally wiped of the fact that the kids dad had been murdered, suddenly taken away from them. I recall the quotation of "happily picking things out for their lunches/lunch boxes". The other thing I couldn't understand is that the children were staying at Molly's brothers house some 150km away from their family home when Social services removed them. Exactly what school were they starting back to? Were they going back to WS ? If so where they expecting to move back to the murder house? Or were they starting school where they were currently living?

 

[stephanddoody]

Great info and also add that school wasn't to start for 2-4 weeks after Jason was murdered . I was totally baffled as to why a school project would be there especially when school hadn't started back . I will find the link of the school starting back

1. http://www.ncpublicschools.org/fbs/accounting/calendar
2. Personally I wouldn't think they would be excited about going back to school when their father had just been murdered . But that's just my opinion . Very cold again by Uncle Mike

Totally agree stephen - I posted on this on the 1st thread - again its like their memory is totally wiped of the fact that the kids dad had been murdered, suddenly taken away from them. I recall the quotation of "happily picking things out for their lunches/lunch boxes". The other thing I couldn't understand is that the children were staying at Molly's brothers house some 150km away from their family home when Social services removed them. Exactly what school were they starting back to? Were they going back to WS ? If so where they expecting to move back to the murder house? Or were they starting school where they were currently living?

do you know you are so right. This family has very very selective memory , they kind of would have preferred if Jasons murder was just forgotten about and not mentioned again, an inconvenience to them. Mollys behaviour in the aftermath is very telling to me as well . Personally I would be thrown in a corner crying my eyes out if I not only witnessed but participated in a murder as gruesome as Jasons . I wouldn't be withdrawing money from banks,calling to his office , getting ice cream or shopping for school books. I mean this isn't months after , this is days after . The children were trying to move on with their lives and were excited to start back school ? This is their dad not just the man that provided the money as they seem to try to make out . Great question about where they were going to live . Molly did go back to the house and actually removed items from the master bedroom . Personally again I wouldn't want anything in there , and being in the house wouldn't appeal to me either but again that's just my reaction . Others opinions may differ .

IMO

 

[fido]

When you think of it , their dad was murdered, they were away from their home, in a relatively strange place and above all there hasn't even been a funeral at that point... Moving on with their lives.... It's almost laughable if it wasn't so tragic.

 

[Francesca]

Sorry to change the topic slightly, but I have been pondering something today and would appreciate your thoughts....

So far, we have seen plenty of information that gives weight to the Murder 2 charge against Molly, but the only real information we have for Tom is his confession. So far, the only background information we have to hand regarding Tom is his seemingly happy relationship with Jason prior to these events, and his stellar FBI career. If the forensics do play out as we have surmised recently, that Molly was responsible in the main for the attack on Jason, where does that leave a jury with a Murder 2 charge against Tom? Is his confession alone enough to justify a guilty verdict? Is guilty by association enough for the jury to convict? Or is this why the DA also ran with a Manslaughter charge? As in 'the unintentional killing of another person resulting from recklessness or criminal negligence.'

My problem with this is that surely Tom would have known that forensically his confession alone would not be enough to save Molly (given that we are running on the common theory that we have been discussing recently on the thread). Does this mean he picked up the bat and laid down some blows on Jason's dead body so that forensically his story rang true? Or did he realise Jason was so badly beaten that they were better off if he finished off the job and plead self defense? Is this what the first responders meant by the crime scene not fitting the description of events?

And finally, will separate trials have an impact on any of this? Would information be equally shared between the courts or would information regarding Molly be inadmissible against Tom?

Sorry for the many questions, it has been rattling my brain today!

This is puzzling me too - I think we have more twists to come, particularly as they will be tried separately. My personal theory (shared to some extent by a few people here) is that Tom walked in on the scene/ was alerted by Molly, and except for the "mess" (I think he called it) and that she had used two weapons, he had no idea at that point that Jason's death was overkill. Molly said he'd attacked her so she fought back, so maybe Tom decided to implicate himself to take the heat off Molly - add weight to her story that Jason had attacked her, and make it less suspicious that two weapons were used. He would have thought he'd get a slap on the wrist for self-defence and applause from the public forum for defending his daughter and eliminating a wife beater.

Now he hasn't saved Molly, the forensic evidence doesn't match his version, yet these charges are still hanging over him, based mainly on his confession. Will he change his story to lessen the charges against him? Even if he does now, Molly has destroyed his life and her mother's life, just because of what they probably considered a white lie - blame Jason for his death rather than admit Molly has problems.

The family has put a lot more effort into supporting Molly while Tom has become a silent invisible background figure. Maybe the Earnest family are happy for him to go to jail instead of Molly, who is their blood. Or maybe he's quietly deciding to change his story because he can't save Molly anyway.

I wonder if LE is keeping the charges against him, pushing him to crack and tell the truth about what happened? It would be a gamble on everybody's part, although the autopsy gives LE the edge.

 

[searchinGirl]

Did Jason have plans to return to Ireland with the children on the first weekend before school?... his Father's birthday?...Can you imagine how this affected Molly especially if she wasn't included?... I'm confused about JCs plans for travel and if anything was definite...TIA

 

[fido]

Did Jason have plans to return to Ireland with the children on the first weekend before school?... his Father's birthday?...Can you imagine how this affected Molly especially if she wasn't included?... I'm confused about JCs plans for travel and if anything was definite...TIA

He was sadly due to arrive home the day he was buried as a surprise for his dad's birthday. It is unclear if he was bringing the kids but it was reported at the time that he was. I have meant to raise this as I wondered if in fact this is what started off the row. She might have been afraid he wasn't going to bring them back especially as he had been enquiring about a job in Ireland or uk. This might have been why the parents were called.

 

[searchinGirl]

He was sadly due to arrive home the day he was buried as a surprise for his dad's birthday. It is unclear if he was bringing the kids but it was reported at the time that he was. I have meant to raise this as I wondered if in fact this is what started off the row. She might have been afraid he wasn't going to bring them back especially as he had been enquiring about a job in Ireland or uk. This might have been why the parents were called.

Could be...I also think she was triggered by the disruption she felt it would cause at the beginning of the school year...IMO

 

[Logic-lady]

I was reading and thinking about Logic lady's post re legal complexities.
I was searching for exact NC law. I did not find it but I did find this.

The comments section is a bombshell to me. (Its about alterations to sentencing for 2nd degree murder in NC)
I am no clearer having read it but the comments are a revelation
.. Heres the link

http://nccriminallaw.sog.unc.edu/change-in-punishment-for-second-degree-murder/

Great find Kitty....scary to think someone was actually handed a sentence of 170 months for a Class B2 Felony!! Ridiculous actually - I am hoping the law has indeed gotten alot tougher in more recent years.

 

[kittythehare]

Great find Kitty....scary to think someone was actually handed a sentence of 170 months for a Class B2 Felony!! Ridiculous actually - I am hoping the law has indeed gotten alot tougher in more recent years.

unfortunately, those comments were made in very recent years..

 

[Logic-lady]

This is puzzling me too - I think we have more twists to come, particularly as they will be tried separately. My personal theory (shared to some extent by a few people here) is that Tom walked in on the scene/ was alerted by Molly, and except for the "mess" (I think he called it) and that she had used two weapons, he had no idea at that point that Jason's death was overkill. Molly said he'd attacked her so she fought back, so maybe Tom decided to implicate himself to take the heat off Molly - add weight to her story that Jason had attacked her, and make it less suspicious that two weapons were used. He would have thought he'd get a slap on the wrist for self-defence and applause from the public forum for defending his daughter and eliminating a wife beater.

Now he hasn't saved Molly, the forensic evidence doesn't match his version, yet these charges are still hanging over him, based mainly on his confession. Will he change his story to lessen the charges against him? Even if he does now, Molly has destroyed his life and her mother's life, just because of what they probably considered a white lie - blame Jason for his death rather than admit Molly has problems.

The family has put a lot more effort into supporting Molly while Tom has become a silent invisible background figure. Maybe the Earnest family are happy for him to go to jail instead of Molly, who is their blood. Or maybe he's quietly deciding to change his story because he can't save Molly anyway.

I wonder if LE is keeping the charges against him, pushing him to crack and tell the truth about what happened? It would be a gamble on everybody's part, although the autopsy gives LE the edge.

Interesting points! The pressure may indeed be on Tom to take the plea, at the end of the day, it's not just Sharon he needs to think about. He has two sons left still to marry, grandchildren still growing, he is indeed sacrificing alot if he is just trying to protect Molly.

I would imagine the DA has more than just the confession, given that the Grand Jury were happy to indict for Murder 2 - perhaps this is linked to the elusive bat. I think it is a silly lie for TM to be caught out on if the bat is not new, even simply thinking on his feet, I would have thought his training would kick in to some degree regarding plausibility of his story. Perhaps this is why the thoughts of how the scene matched his account 'forensically' disturbed me so yesterday...just what was Jason subjected to?

I don't see him recanting his confession or taking a plea, he has spent his life protecting Molly, but I do wonder how this will affect how he will be viewed by the jury. With sympathy and understanding, I mean who wouldn't do everything they possibly could for their child...or will they view him as arrogant and cold, another FBI man thinking he is above the law?

 

[DaleTray]

..or will they view him as arrogant and cold, another FBI man thinking he is above the law?

Without hearing any testimony, especially if TM takes the stand in his own defense which I doubt he will, at this point thus far I would vote your arrogant and cold FBI above the law. If he just wanted to protect his daughter he could have put her on a plane out of country, claimed a burglar broke in, etc. But his time in grade with FBI and in TM's head, FBI background loving his sick daughter and pattern of having to cover for her and protect her, trumps a dead loyal father/husband/provider. TM had to do some quick quick thinking prior to making the 911 call. And if you listen to the 911 call, TM desperately didn't want to touch JC in my opinion nor render any help, etc It sort of sounded like he was trying to say to the 911 operator "No, he is beyond help I think, and he is a mess and covered in blood". In that instant, he sided with his sick daughter, the murderer, over the long term gentle giant family man. I strongly have the opinion he thought the FBI would protect he and his daughter at all costs.
In some way I guess I have to, in some way , respect TM for his love and protection of daughter, but enough is enough. If TM had just witnessed the scene, called 911, and went with insanity defense, maybe MM does 10-15 yrs somewhere receiving help. Either way I feel she will spend many yrs behind bars but she is taking TM down with her.....at her fathers direction and decision.
Edit: Now that I think about it, I would like to have a jury trying TM that is ignorant of TM's background and goes to deliberate never knowing TM was connected to FBI. I don't think it was TM's goal to seek sympathy from a jury respecting the FBI, but rather, the FBI would ensure MM/TM were never indicted.

 

[Logic-lady]

Without hearing any testimony, especially if TM takes the stand in his own defense which I doubt he will, at this point thus far I would vote your arrogant and cold FBI above the law. If he just wanted to protect his daughter he could have put her on a plane out of country, claimed a burglar broke in, etc. But his time in grade with FBI and in TM's head, FBI background loving his sick daughter and pattern of having to cover for her and protect her, trumps a dead loyal father/husband/provider. TM had to do some quick quick thinking prior to making the 911 call. And if you listen to the 911 call, TM desperately didn't want to touch JC in my opinion nor render any help, etc It sort of sounded like he was trying to say to the 911 operator "No, he is beyond help I think, and he is a mess and covered in blood". In that instant, he sided with his sick daughter, the murderer, over the long term gentle giant family man. I strongly have the opinion he thought the FBI would protect he and his daughter at all costs.
In some way I guess I have to, in some way , respect TM for his love and protection of daughter, but enough is enough. If TM had just witnessed the scene, called 911, and went with insanity defense, maybe MM does 10-15 yrs somewhere receiving help. Either way I feel she will spend many yrs behind bars but she is taking TM down with her.....at her fathers direction and decision.

I agree, I think perhaps they were not prepared for how strongly the Irish would defend Jason's children, his name and his reputation, and I don't think they expected an international media spotlight to be shone on either them or their activities. In their minds eye, this happened and would be covered up so quickly, no-one would question it, and even if they did, by that time the body would be cremated and so it would be their word against a dead man.

My question still stands though (although I am not suggesting you should have the answer!) does this make him guilty of Murder 2? Does choosing to participate in the aftermath of a murder make you as guilty as the person who committed it?

Interesting points on Kitty's link above, that actions 'prior to, during and after the crime' are considered when deciding the charge, so perhaps the answer is in fact yes. It will be interesting to see how the jury view this.

 

[kittythehare]

Re bat.
story of bat is probably largely irrelevant.

its only relevance was that it was usually stored in the garage which would have necessitated a diversion to collect it, suggesting pre meditation evidence. They were investigating as first degree murder when they made remarks regarding habitual storing place for bat.
Either way, it was one of the weapons used to murder Jason Corbett.
He was accustomed to his daughter's tantrums for very many years, if indeed he brought the bat to the murder room with him, would you not think it should have been to clobber molly who had in all likliehoood been battering everybody with her grandiose tantrums for so many years?

Its more likely Molly got the bat as she flounced around the house in a vicious rage because nobody had any energy left to listen to her..
Just my thoughts.
The bat, whether new, old or ancient makes little difference.
That the police originally investigated for murder 1 suggests that have evidence of motive from much more than bathouse.
.. which I will retreat to shortly, myself.

 

[DaleTray]

What could be really sad is if the guilty walks and the innocent is sentenced to serve time. Lets's say MM retrieved bat and brick, made every swing while Daddy FBI slept. Later MM goes and gets Daddy downstairs and he puts his fingerprints on bat. Daddy testifies he came to defend daughter being chocked. Jury sentences Daddy for overkill on some undetermined charge at this point charge ( I feel sure jury will have lesser charges to consider) and MM goes free. Daddy dies of old age in prison and MM can continue life playing her games.

 

[stephanddoody]

What could be really sad is if the guilty walks and the innocent is sentenced to serve time. Lets's say MM retrieved bat and brick, made every swing while Daddy FBI slept. Later MM goes and gets Daddy downstairs and he puts his fingerprints on bat. Daddy testifies he came to defend daughter being chocked. Jury sentences Daddy for overkill on some undetermined charge at this point charge ( I feel sure jury will have lesser charges to consider) and MM goes free. Daddy dies of old age in prison and MM can continue life playing her games.

Im not going to claim to be an expert because CSI is about as far as my knowledge goes , but would the forensics be able to tell from blood spatter and position of the body at least the height of the attacker , I suspect with 2 charges against both they have evidence both were involved. IMO

 

[kittythehare]

Im not going to claim to be an expert because CSI is about as far as my knowledge goes , but would the forensics be able to tell from blood spatter and position of the body at least the height of the attacker , I suspect with 2 charges against both they have evidence both were involved. IMO

It could play out as Dale suggests.
Easily.
Also, for all we know Sharon could have done the entire thing, could she not?
Is Sharo going to be their 'reasonable doubt'?
What do we know about what the police decided after interviewing her?

Why do they not consider her a suspect or at least a participant as well? Was it because the other two 'fessed up' immediately?
Its a minefield of possibilities and we dont know enough to even speculate , do we?

Re the forensics, what do we know about how well funded that particular sheriff's dept is?
It will come down to budget, will it not?
All depends upon how thorough their investigation was to begin with.

 

[Francesca]

Could be...I also think she was triggered by the disruption she felt it would cause at the beginning of the school year...IMO

If she was concerned that a trip to Ireland would disrupt their new school year, what did she think the brutal murder of their father would do?

 

[searchinGirl]

If she was concerned that a trip to Ireland would disrupt their new school year, what did she think the brutal murder of their father would do?

I'm just saying and probably should have mentioned it in my earlier post that this is what may have initially started their argument....she didn't think about killing him ahead of time...no premeditation, no deliberation, IMO...