GUILTY NC - Jason Corbett, 39, murdered in his Wallburg home, 2 Aug 2015 #4

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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?
Thanks for answering that Courtney.. my head addled with it.

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 understood–to be sure, that is malice–but [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 another’s 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.
 
https://lawofselfdefense.com/jury_in...efense-felony/

"The defendant would be excused of second degree murder on the ground of self-defense if:
First, it appeared to the defendant and the defendant believed it to be necessary to kill the victim in order to save the defendant from death or great bodily harm.
And Second, the circumstances as they appeared to the defendant at the time were sufficient to create such a belief in the mind of a person of ordinary firmness. It is for you the jury to determine the reasonableness of the defendant’s belief from the circumstances as they appeared to the defendant at the time.
In making this determination, you should consider the circumstances as you find them to have existed from the evidence,

(including: the size, age and strength of the defendant as compared to the victim)...
Jason was twice Molly's size...not 3 times...but considerably larger...

(the fierceness of the assault, if any, upon the defendant)...he had his hands around her neck and said he was going to kill her...however her injuries seem non-existent? - does she have evidence otherwise?...if not, is that enough proof to conclude no assault on her?...his injuries were brutal ...no doubt about it...I think I have concluded the overkill is that separate argument about excessive force...the autopsy is most of the prosecution's case IMO...

(whether or not the victim had a weapon in the victim’s possession)...no weapon...

(and the reputation, if any, of the victim for danger and violence)... non-existent for Jason according to most...a gentle giant...is evidence regarding reputation limited to only danger and violence?... is this kind of evidence limited to only the victim?...is there something we don't know yet?.. what is it?

(describe other circumstances, as appropriate from the evidence)...what other circumstances?... like marriage/domestic violence?...trazadone? alcohol?.greed grab/consciousness of guilt?...or rightful owner of what would otherwise be hers if not for the slayer statute?

The defendant would not be guilty of any murder or manslaughter if the defendant acted in self-defense, and if the defendant (was not the aggressor in provoking the fight and) did not use excessive force under the circumstances... I can see two separate defenses - one for Molly, one for Tom...so there's the separate juries, separate trials question?...taken at what he says it is conceivable Tom has a case that he walked in on the scene and reacted accordingly...but the excessive force is unexplainable ...it's dealt with separately under these jury instructions...more to think about...IMO"

I made some notes about a few of my thoughts in italic...it would be so great if anyone wants to discuss any of these things as they pertain to the trial and how it might go...how pieces of evidence fit into these jury instructions are really the crux of the matter because they describe what can be inferred from certain things and what cannot...and then I think about people on the jury...and all the different kinds of folks there are in the great state of North Carolina...it's really hard to know how people think...IMO
 
I am going to guess it is a good chance that TM pays the price.MM can testify she initiated the bat beating but TM will testify he finished the beating which would imply TM did the overkill. The 911 call will be the proof. TM could easily die an old man in prison. It will take a unanimous 12 juror vote to convict MM and she is pretty enough and can bat her eyes and look innocent enough to receive just enough sympathy from a male juror or empathy from a female juror that could easily be a hung jury or acquittal. It has been the MM way for a long time and it has successfully worked for her. So maybe here in May 2016 she smiles at home in her knowledge and confidence and power of her past success of power of persuasion. TM doesn't have all that going for him.
 
I am going to guess it is a good chance that TM pays the price.MM can testify she initiated the bat beating but TM will testify he finished the beating which would imply TM did the overkill. The 911 call will be the proof. TM could easily die an old man in prison. It will take a unanimous 12 juror vote to convict MM and she is pretty enough and can bat her eyes and look innocent enough to receive just enough sympathy from a male juror or empathy from a female juror that could easily be a hung jury or acquittal. It has been the MM way for a long time and it has successfully worked for her. So maybe here in May 2016 she smiles at home in her knowledge and confidence and power of her past success of power of persuasion. TM doesn't have all that going for him.


not so quick..
For one thing it matters little what he says or confesses to- it comes down to the force of the bat and rock wielders.
They will measure force weight power height and strength used in order to inflict the blows on his body.
We made some posts about this with diagrams and charts, possibly end thread 1 or thread 2.. think Dumbfounded provided the links..
An autopsy will tell the order of the strikes, the force that inflicted the fatal blow.. the intervals between blows- they can tell this accurately by calculations from bone edges.

The 911 call proved nothing. Remember the police presented a rationale for taking the phones because they wanted to examine location of phones when alleged CPR (counting1-4) was going on.
They will be able to present a near to accurate time that the fatal blow was administered, that is the blow that caused irreparable brain damage, though not necessarily the time the body systems respiratory and cardiac shut down completely.
It is down to analysis of autopsy, we were only privy to bare autopsy report.. a forensic scientist will ultimately what it all means.
It will be scientific as opposed to whimsical.
If its a thing that the first blow was the blow that by itself was a cause or the cause of death and that blow was inflicted by molly...
Other possibility is that if molly is tried first and found wholly guilty of second degree murder, does that acquit Tom and will his charges then be reduced to mere accessory after the fact?
Remember both were trained EMT practitioners.
First question by judge-
'Why did you call the EMT prior to commencing CPR?'
The time interval from the last blow to the time the EMT call was made will also be highly relevant.. was there a delay, how long, what caused the delay? What did the perpetrators do during the interval?
Were any calls made from either or both of their phones?
Who did they call?
Were Sharon's calls analysed, was her phone recovered?
Who did she call?

its gonna take a lot more than pretty, I sincerely hope.
 
I am going to guess it is a good chance that TM pays the price.MM can testify she initiated the bat beating but TM will testify he finished the beating which would imply TM did the overkill. The 911 call will be the proof. TM could easily die an old man in prison. It will take a unanimous 12 juror vote to convict MM and she is pretty enough and can bat her eyes and look innocent enough to receive just enough sympathy from a male juror or empathy from a female juror that could easily be a hung jury or acquittal. It has been the MM way for a long time and it has successfully worked for her. So maybe here in May 2016 she smiles at home in her knowledge and confidence and power of her past success of power of persuasion. TM doesn't have all that going for him.

Juries have proven to see through the narcissistic personality, when presented with all the facts (e.g., Jodie Arias). MM's own actions show her to be deceptive, from the horrendous Irish news and radio interviews to her actions (and lack therefore) in the Estate Court, removal of monies from accounts, etc. Add in her own personal history with ex-boyfriends, and she's not looking to pretty to a jury. TM already tried to take the blame, and the Sheriff and Prosecutor didn't fall for it - they know it was both.
 
Thanks for answering that Courtney.. my head addled with it.

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 understood–to be sure, that is malice–but [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 another’s 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.

Malice is a legal term referring to a party's intention to do injury to another party, the use of and presence of bat and landscape paving brick in unlikely place such as a bedroom evidence of that malice IMO. Those weapons were not readily on hand, but one or both of the Martens had to specifically go get them, bring them to the bedroom and use them. While Molly smaller in stature than Jason, she was also a swim coach which would give her good upper body strength, and Jason had little or no defensive wounds suggesting he was asleep when his head bashed in, almost immediately disabling him.

MM may not have been physically violent with Maginn, but she had a lot more to lose with Jason taking his children and returning home to Ireland, specifically the children and also her comfortable lifestyle. She had been meeting with custody expert lawyer, and for months trying to set the scene to have Jason allow her to adopt the children, simultaneously setting him up as a domestic abuser. Once she was the adoptive parent, she could sue to take his children from him. He consistently refused to allow her to adopt the children (she had all her family trying to talk him in to letting her adopt as well.) Given her emotional issues, she easily could have escalated to violence with so much on the line. She was rumored to have been verbally abusive to Jason in front of people (bullying him over weight, etc.), and perhaps also one of the children, and if she did that in front of people, she easily could have been both verbal and physical abuser behind closed doors, as many are.

Requests/Order from Estate court for MM and her parents to provide banking records and statements to prove she purchased the furniture and also to address the charge that money taken from account prior to the murder were ignored. Given the latest information about the account she opened after Jason's murder with monies from the joint account, she appears to have a lot to hide. Narcissists always think they're the smartest person in the room, and of course that's never true. MM is learning the hard way that only her family is willing to enable her any further.
 
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;s ave 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 thought that the money transferred before Jason's death was shown to be transferred by Jason, and was being offered as proof of his intention to return to Ireland?
 
Can anyone who is familiar with the law in NC please explain to me why mm and tm haven't been put in custody pending trial.? Is this not normal procedure to do so?
When I look at both the murder and all the intentional nasty acts of mm since Jason's murder I'm genuinely shocked that there isn't more repercussions for her to date. Someone mentioned FBI links yesterday, is this the way it works in NC, if you know someone in FBI you can do what you want and not feel the full force of the law?

If this is how it works the court should be petitioned by every single supporter of Justice before trial so as to highlight their leniency to date and make it clear it won't be overlooked by the public. If this case was in Ireland mm would be in custody along with tm, there would be no fb posts and uncle mike would be gagged from commenting on the case. Mm would not be along with members of her family allowed to lie and carry on as normal. Is it just me? Or is this normal?

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Can anyone who is familiar with the law in NC please explain to me why mm and tm haven't been put in custody pending trial.? Is this not normal procedure to do so?
When I look at both the murder and all the intentional nasty acts of mm since Jason's murder I'm genuinely shocked that there isn't more repercussions for her to date. Someone mentioned FBI links yesterday, is this the way it works in NC, if you know someone in FBI you can do what you want and not feel the full force of the law?

If this is how it works the court should be petitioned by every single supporter of Justice before trial so as to highlight their leniency to date and make it clear it won't be overlooked by the public. If this case was in Ireland mm would be in custody along with tm, there would be no fb posts and uncle mike would be gagged from commenting on the case. Mm would not be along with members of her family allowed to lie and carry on as normal. Is it just me? Or is this normal?

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I disagree with petitioning the court.
First, give them an opportunity to practice justice and law.
If they blow it, however, sky's the limit!!
I cannot understand why they are not in custody.. I will never understand that.

Granting them minimal bailbonds, when black offenders receive same for traffic violations is beyond outrageous.
Because they did more harm since the murder, not less.. more.
They are clearly a danger to society, a man is dead and we have witness testimony that the female perpetrator tried to pull a tiny child out of his bed in the middle of the night with a look of rage on her face, action only stopped when she saw she was being observed. Another witness testified to a mini waterboarding incident and a witness testified to the child being sent into dangerous waters during a holiday 'to teach him a lesson'
Despite these testimonies in ADDITION to the murder, she is free as a bird to do say act and take at will as she chooses.
It is a violent decision by the courts IMO.
 
I thought that the money transferred before Jason's death was shown to be transferred by Jason, and was being offered as proof of his intention to return to Ireland?

The detective requested and received warrant for all their banking records from 2011 to date. Corbett family said that Jason had a problem with her spending. What if she wasn't spending but taking the money instead? He had told family he and the kids were returning for the father's birthday, and had purchased tickets. He may have told one or two of them he intended to return home for good. It's entirely possible that he made request of his employer for transfer back to Ireland. Hopefully more info to come at trial.
 
Can anyone who is familiar with the law in NC please explain to me why mm and tm haven't been put in custody pending trial.? Is this not normal procedure to do so?
When I look at both the murder and all the intentional nasty acts of mm since Jason's murder I'm genuinely shocked that there isn't more repercussions for her to date. Someone mentioned FBI links yesterday, is this the way it works in NC, if you know someone in FBI you can do what you want and not feel the full force of the law?

If this is how it works the court should be petitioned by every single supporter of Justice before trial so as to highlight their leniency to date and make it clear it won't be overlooked by the public. If this case was in Ireland mm would be in custody along with tm, there would be no fb posts and uncle mike would be gagged from commenting on the case. Mm would not be along with members of her family allowed to lie and carry on as normal. Is it just me? Or is this normal?

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To be honest I have heard over and over about a fair trial, presumption of innocence is everyone's right and she is skating on very thin ice but maybe it's intentional . What better way to annoy law enforcement then suggest they are not doing their job properly or a Clerk of Court by claiming he is not biased defying his court orders and refusing to provide requested evidence even though her lawyers claim that the police shouldn't have taken out a search warrant because they were willing to provide them with everything . They have talked about these issues to the media in full knowledge that the people of davisons county are proud of their sheriffs department, the judicial system and all of the people in I t . I will admit we don't have that here in Ireland so it has taken me a while to see this. IMO it is a deliberate attempt to rub people up the wrong way to get it moved then discredit the evidence and everything else . Problem with that is it doesn't change the autopsy an excessive force used . It doesn't change the fact that neither had any marks about their person . Where ever the case goes that goes as well . On the fair trial to be honest I actually don't agree everyone gets a fair trial. It depends on a lot of factors money being the most important one if you don't have that it will be a rough ride but if you have money you will get an easier ride which doesn't mean fair IMO. If you have money you will make bail if you don't you won't , if you have money you buy the defense lawyers you choose if you don't you are provided with one .. The best defense lawyers are obviously the ones you pay not the ones provided . The best experts for defense are paid experts. Molly must be Definitely be half a million in at this stage if not more that's good going for someone that has no job and no way of paying the money back if convicted by either the criminal or civil court if it comes to it . So mammy and daddy are left to pick up the pieces again as they have always done before buy the condo give her her own place, send her to a private psych ward to ensure confidentiality ,buy the plane tickets. Her father in prison , her mothers comfortable financial status ruined but Molly free was that the plan? If it was it looks like to me there is only one winner there . I have no doubt in my mind if for some reason she is acquitted and I don't think she will be but if she was the Corbetts will definitely go through a civil court . Slayer statue still kicks in ... IMO
 
That does make it a little easier to understand. That is a great point about them antagonising law enforcement. It will be very interesting to see how far sm and tm savings stretch to by the time mm is finished appealing appeals! And then tm case has to be funded from somewhere also.
One thing she hasn't managed to get away with is perhaps her plans for the money she moved from Jason's account after his death. We can assume the childrens passports were what uncle mike and mm dashed to Jason's office for and at the same time she moves this money? I suspect only for the quick actions of Tracey Lynch petitioning for custody that both Jason's money and children would be gone.

Dead husband... .check
Passports .....check
Cash........check
Someone elses Kids and their inheritance... check
Airline tickets.... ???? Maybe mm had booked some tickets of her own.

Imo




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That does make it a little easier to understand. That is a great point about them antagonising law enforcement. It will be very interesting to see how far sm and tm savings stretch to by the time mm is finished appealing appeals! And then tm case has to be funded from somewhere also.
One thing she hasn't managed to get away with is perhaps her plans for the money she moved from Jason's account after his death. We can assume the childrens passports were what uncle mike and mm dashed to Jason's office for and at the same time she moves this money? I suspect only for the quick actions of Tracey Lynch petitioning for custody that both Jason's money and children would be gone.

Dead husband... .check
Passports .....check
Cash........check
Someone elses Kids and their inheritance... check
Airline tickets.... ???? Maybe mm had booked some tickets of her own.

Imo




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I agree totally . I wonder also why didn't the police ring Jasons family themselves is that normal procedure ? Could it be that they claimed Jasons family weren't part of his or the children's life ? I find it strange that Sharon rang the Corbetts and that the Corbetts had to ring the police to find out what happened to him , I would have thought they would have contacted them themselves but maybe that is procedure .Also meant to say in my earlier post unbiased apologies.
 
I agree totally . I wonder also why didn't the police ring Jasons family themselves is that normal procedure ? Could it be that they claimed Jasons family weren't part of his or the children's life ? I find it strange that Sharon rang the Corbetts and that the Corbetts had to ring the police to find out what happened to him , I would have thought they would have contacted them themselves but maybe that is procedure .Also meant to say in my earlier post unbiased apologies.

I agree. I would have thought that LE would have been the ones to contact JC's family especially as they seemed to have been suspicious of the circumstances from the very beginning. I would have thought that they would have liaised with LE in Limerick and have an officer call out to inform to the family - it is not something that LE like to do over the phone. Could it be that SM beat them to it?
 
I agree. I would have thought that LE would have been the ones to contact JC's family especially as they seemed to have been suspicious of the circumstances from the very beginning. I would have thought that they would have liaised with LE in Limerick and have an officer call out to inform to the family - it is not something that LE like to do over the phone. Could it be that SM beat them to it?
LE always would inform local police who would in turn call to the home of the victims family, except in the case where LE have been told by the spouse that family have already been informed. .....

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I agree. I would have thought that LE would have been the ones to contact JC's family especially as they seemed to have been suspicious of the circumstances from the very beginning. I would have thought that they would have liaised with LE in Limerick and have an officer call out to inform to the family - it is not something that LE like to do over the phone. Could it be that SM beat them to it?

Interesting train of thought... maybe the Martens decided to delay telling the Corbetts for as long as possible, and then when the police checked on them, Sharon quickly made the call rather than let them hear about Jason's death from LE.
 
There's a saying..."Pretty is as Pretty does." Online, MM has been playing the victim card...and from the little Defense has said, this appears to be the way they are going to cast her role in this tragedy. A woman more "sinned against, than sinning." This is exactly what her online supporters believe.

But Pretty is as Pretty does...and if the Prosecution is able to bring in KM's book...they will lay a foundation of her chaotic personality. And, having read the book myself, I believe that her mental instability is also accompanied by a great deal of manipulation. KM comes across as a loving servant to her Psychotic Needs. One can see how her attractiveness and neediness are a trap. Because being in her emotional web is destructive to all who entangle themselves.

I believe they will bring in witnesses to her fat-shaming, to her cruelty to the older child, to her inability to even keep a clean house for her husband, for her only purpose in life as being an ornament with ornament children. I think her "prettiness" will soon disappear in the eyes of the jury.

Think of a cute toddler who has parents who indulge their every tantrum. If you sit at the next table to them in a restaurant,...in a few hours of one evening, that child no longer looks "cute." The whole family begins to look appalling in their disfunction. MM has been acting out repeatedly since this crime. Her lawyers have now joined her family in trying to "cover" for her. I honestly don't think it will work.

Pretty is as Pretty does.
 
She reminds me of Kristin Rossum who was also a "pretty" blonde girl who thought that pouting and crying would get her out of any trouble... and coincidentally, Rossum also had parents who were more concerned with image than ethics, and more concerned with protecting their daughter than telling the truth. They also completely rewrote their history with their son-in-law, turning him from the saint who had saved their daughter from drug addiction, into a creepy stalker of his own wife.
But pretty girls also go to prison for murder. Rossum has life without parole and her parents have returned to their respectable lives, concentrating on their other kids and their careers.
 
not so quick..
For one thing it matters little what he says or confesses to- it comes down to the force of the bat and rock wielders.
They will measure force weight power height and strength used in order to inflict the blows on his body.
We made some posts about this with diagrams and charts, possibly end thread 1 or thread 2.. think Dumbfounded provided the links..
An autopsy will tell the order of the strikes, the force that inflicted the fatal blow.. the intervals between blows- they can tell this accurately by calculations from bone edges.

The 911 call proved nothing. Remember the police presented a rationale for taking the phones because they wanted to examine location of phones when alleged CPR (counting1-4) was going on.
They will be able to present a near to accurate time that the fatal blow was administered, that is the blow that caused irreparable brain damage, though not necessarily the time the body systems respiratory and cardiac shut down completely.
It is down to analysis of autopsy, we were only privy to bare autopsy report.. a forensic scientist will ultimately what it all means.
It will be scientific as opposed to whimsical.
If its a thing that the first blow was the blow that by itself was a cause or the cause of death and that blow was inflicted by molly...
Other possibility is that if molly is tried first and found wholly guilty of second degree murder, does that acquit Tom and will his charges then be reduced to mere accessory after the fact?
Remember both were trained EMT practitioners.
First question by judge-
'Why did you call the EMT prior to commencing CPR?'
The time interval from the last blow to the time the EMT call was made will also be highly relevant.. was there a delay, how long, what caused the delay? What did the perpetrators do during the interval?
Were any calls made from either or both of their phones?
Who did they call?
Were Sharon's calls analysed, was her phone recovered?
Who did she call?

its gonna take a lot more than pretty, I sincerely hope.
Please don't misinterpret my guesses as my desires. She is a cold, conniving killer that deserves to be in prison in my opinion. I am merely thinking of the potential trial outcomes that could show MM undeserved leniency. It does appear by your stated facts the jury would be hard pressed to deny the physical facts
 
Please don't misinterpret my guesses as my desires. She is a cold, conniving killer that deserves to be in prison in my opinion. I am merely thinking of the potential trial outcomes that could show MM undeserved leniency. It does appear by your stated facts the jury would be hard pressed to deny the physical facts
my prediction is there will be two forensic pathologists dueling it out over the facts... IMO
 
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