kittythehare
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Thanks for answering that Courtney.. my head addled with it.Article states she used the monies taken from the joint account to open a new account, which reeks of deception, attempting to hide. The Martens family knew that the police would find bank statements for the existing accounts, so the new one was meant to hide monies. Martens also failed to produce banking records as ordered by Shipwash in the Estate case, instead suing to have him replaced. She'd have been in contempt of court if she failed to produce ALL her account, including the new one so she couldn't produce any banking records to back up her contention that she purchased the furniture. The Sheriff had subpoenaed Martens email (and social media) accounts, which must have turned up emails for the new account, something she hadn't counted on. If she removed large sums of money before and following the murder, and also applied for his life insurance funds, does that show intent to murder?
I dont think it proves intent to murder. Remember the key word for second degree murder is MALICE.
They must prove malice.
https://lawofselfdefense.com/jury_i...ed-homicide-offenses-and-self-defense-felony/
Second degree murder is the unlawful killing of a human being with malice.
Second, that the defendant acted intentionally and with malice.
Intent is a mental attitude which is seldom provable by direct evidence. It must ordinarily be proved by circumstances from which it may be inferred. You arrive at the intent of a person by such just and reasonable deductions from the circumstances proven as a reasonably prudent person would ordinarily draw therefrom.
Malice means not only hatred, ill will, or spite, as it is ordinarily understoodto be sure, that is malicebut [it also means that condition of mind which prompts a person to take the life of another intentionally or to intentionally inflict serious bodily harm which proximately results in anothers death, without just cause, excuse or justification] [malice also arises when an act which is inherently dangerous to human life is intentionally done so recklessly and wantonly as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief].
Actions occurring before and after the killing are also considered relevant.
So the question is whether the removal of the funds was or was not an act of malice.
The other aspects question whether she provoked the fight?
Did she?
From Keith's book we know that she has a history of provocation, self interest and tantrums.
He said she was not violent. Physically she was not at that stage of her life ad in the circumstances 'in which she found herself'..
But the book demonstrated she was mentally spiritually and emotionally bankrupt and violent.
I remember working with a group of women victims of DV and they all said ' anyone can take a blow, but the constant mental and emotional violence was more likely to put them over the edge'.
Now, if, as you suggest there were withdrawals before the murder as well.. its possible it could prove pre meditation.
Can it prove malice as well?
I'm not sure.
Its difficult to know how it will be interpreted, seems tight until read the small print and its difficult to understand.