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

[searchinGirl]

It wasn't TM's domicile.

But in defense of another whose domicile it was.

 

[emmalpage81]

But in defense of another whose domicile it was.

Fair point. How about excessive force and stopping once the threat subsides?

All IMO

 

[Logic-lady]

Is this not what Thomas Martens said on the 911 call? Don't know why he can't be afforded the presumption of innocence. The prosecution has to start there and prove it didn't happen that way. Beyond a reasonable doubt.

How can there be healthy debate and discussion when only one side is considered? In a case of self defense, how can the role of victim be so narrowly defined? This is such a tragedy.

Presumption of innocence...is that not what the detectives have done? They took witness statements from TM and MM after the fact, they then investigated these statements and found that the evidence they encountered at the scene was not consistent with what they had been told. They then built a case which seems to indicate that in fact what happened in the house was so 'heinous'that it warranted prosecution for 2nd degree murder and/manslaughter. Surely if everything that TM & MM had stated as fact added up then the prosecutors would just have recognised that this incident only warranted a manslaughter charge?

I know criminal trials are very costly procedures, I cannot imagine the DA would prosecute a case in which they were not confident in securing a conviction. It would seem like an extremely wasteful exercise of time and resource IMO.

I think it is easy to define the victim in this instance, there was loss of life, therefore there is one easily identifiable victim. I would be more than happy to discuss any and all information and/or evidence that comes to light in this case irrespective of who it supports, the problem as I see it is that the only 'information' supporting TM & MM thus far is based solely on supposition and hearsay.

 

[searchinGirl]

Fair point. How about excessive force and stopping once the threat subsides?

All IMO

Excessive Force I agree with and believe this is why they were charged as they were. But if you've read up on the law and jury instructions, then you know that Jason's size in comparison to TM & MM is a factor that must be considered. Together it appears they were probably less than 50 lbs larger than JC. Individually, it appears that JC could have overcome either one of them. Something the jury will deliberate. In terms of stopping when the threat had passed with no duty to retreat, I wonder how many times JC was struck after he was unconscious? It's gruesome to think about. The bat and the brick can account for multiple injuries per blow; and, falling into furniture can account for some more. Each side probably has their own forensic expert. There is much yet to know.

 

[Oregonmama]

I am curious if a psych evaluation was done on MM. It would be an interesting read because my take on the whole case is MM was always use to getting what she wanted and being a "daddy's little girl " she convinced her father to help her quest for being a solo parent in charge. She wanted the dream all her to herself. JMO

 

[Logic-lady]

So if we take the premise that JC's size will be utilised by the defense as an aggravating factor in his murder, I wondered what in fact could have been aggravating factors in this case which may have warranted the Murder 2 charge. I found this interesting article - http://www.nolo.com/legal-encyclopedia/aggravating-circumstances-vulnerable-victims.html

What makes a victim particularly vulnerable, important points IMO are...

[FONT=&quot]Some courts—but not others—have considered injuries inflicted by the defendant to render a victim vulnerable for sentencing purposes.

[/FONT][FONT=&quot]Temporary state. Courts have found vulnerability when victims are:[/FONT]

• unconscious
• asleep
• dazed
• intoxicated, or
• in any other temporary situation making them less able to defend themselves.

[FONT=&quot]Courts have also found victims to be vulnerable when:[/FONT]

• the defendant was a family member
• the defendant was previously married to the victim, and
• there was a pattern of abuse and reconciliation between the defendant and victim.

I also found it interesting that in cases where a defendant is claiming self-defense, the onus is on them to prove a [FONT=&quot]“preponderance of the evidence,”....[/FONT][FONT=&quot](Preponderance of the evidence is the lowest evidentiary standard; it requires the party to prove that the fact in question is more likely than not to be true.)

So it would appear that MM will in fact have to provide some actual evidence of the abuse she alleges occurred prior to the murder that night.

It would appear to me that MM may in fact try to utilise a defense of imperfect self defense to reduce her charge from murder to manslaughter - [/FONT]http://www.nolo.com/legal-encyclopedia/imperfect-self-defense.html[FONT=&quot]


[/FONT]

 

[searchinGirl]

Presumption of innocence...is that not what the detectives have done? They took witness statements from TM and MM after the fact, they then investigated these statements and found that the evidence they encountered at the scene was not consistent with what they had been told. They then built a case which seems to indicate that in fact what happened in the house was so 'heinous'that it warranted prosecution for 2nd degree murder and/manslaughter. Surely if everything that TM & MM had stated as fact added up then the prosecutors would just have recognised that this incident only warranted a manslaughter charge?

I know criminal trials are very costly procedures, I cannot imagine the DA would prosecute a case in which they were not confident in securing a conviction. It would seem like an extremely wasteful exercise of time and resource IMO.

I think it is easy to define the victim in this instance, there was loss of life, therefore there is one easily identifiable victim. I would be more than happy to discuss any and all information and/or evidence that comes to light in this case irrespective of who it supports, the problem as I see it is that the only 'information' supporting TM & MM thus far is based solely on supposition and hearsay.

In this case I don't know if the Martens were given the presumption of innocence by the detectives or not. I have my doubts. Not just from the embezzler, but Holten says the pictures at the scene indicate a significant struggle; and, the paramedics said Molly sustained injuries consistent with choking. It seems to me like the detectives thought they could build a case of 1st degree murder but none of the leads they were developing panned out. IMO

As far as evidence you haven't heard yet. Wait for it. The thing that gets ya in life is always the thing you don't see coming.

 

[Truthalways]

In this case I don't know if the Martens were given the presumption of innocence by the detectives or not. I have my doubts. Not just from the embezzler, but Holten says the pictures at the scene indicate a significant struggle; and, the paramedics said Molly sustained injuries consistent with choking. It seems to me like the detectives thought they could build a case of 1st degree murder but none of the leads they were developing panned out. IMO

As far as evidence you haven't heard yet. Wait for it. The thing that gets ya in life is always the thing you don't see coming.

Can you post the evidence recorded by EMT that MM had injuries consistent with stragulation. At the time even MM friends said publicly that she had no marks because she had a condition that meant she couldnt bruise?
If we can see this evidence from paramedics then we can look into why this detective may have missed that information ?

Would be interested to read it.

In his report, Detective Thompson said he had been in several "uncontrolled fights" in his time, and that what he saw in the master bedroom of Panther Creek that night was "not consistent" with what he was being told.

He noted also that neither Tom nor Molly Corbett had suffered any injuries.

Moo

 

[Truthalways]

Search warrant.

The search warrant states:

"Neither Thomas Michael Martens nor Molly Paige Corbett suffered any injuries about their person."

 

[Truthalways]

MM pictured at first custody hearing days after JC killed....No marks

jason5.jpg (700×1166)
https://s3-eu-west-1.amazonaws.com/evokeuploads/2015/12/jason5.jpg

Molly-Marten-Jason-Corbett.jpg (500×700)
http://cdn.evoke.ie/2016/01/05064724/Molly-Marten-Jason-Corbett.jpg

 

[searchinGirl]

This newspaper article about motions for a change of venue (that was not granted) outlines some of the evidence obtained from the search warrants; the defense offers some counter arguments we are likely to see at trial. http://www.journalnow.com/news/loca...cle_3a84b369-6e32-5091-91d2-f9c3230ac4ff.html

It's a crying shame that a Sheriff's Office detective "who collected or handled evidence" in this case was indicted for embezzlement. "Detectives said a motive for the killing might have been financial." I can't help but wonder if the detective pushed this idea just to get access to Jason's money so he could steel it. "Andrew Eads was indicted in January of 23 counts of embezzlement and 23 counts of illegally accessing a government computer. Holton and Freedman said that prosecutors have told them that an internal audit indicated no mishandling of evidence in the Corbett case. Still, Eads’ pending charges are a problem, Holton and Freedman argue."

"No mishandling of evidence" IMO is another way of saying that all the evidence this detective touched can't be used by the prosecution. I am sure this accounts for the delay in the indictments coming down, as well as the delay in bringing this to trial. It also probably speaks to why 2nd degree murder is the charge, and not 1st degree. I fear the truth was obfuscated by his actions here and may never be known to those he tried to lead astray. Shame on him.
Somewhere I read that Molly asked to subpoena Jason's medical records from a cardiologist. IMO this goes to the fat shaming incident that happened the night before. I suspect she wants to show that he was on a diet and concerned about his health when she objected to his order at the restaurant. She may have loved him you know. Love/Hate...to some it's all the same. And it usually takes two to tango, so to speak.

I'm bumping this up because it has a link to the article that describes some of the evidence in the search warrants. The motion described is seeking a change of venue and it was denied. Doesn't mean Holton won't make the same arguments at the trial just to show that a lot of what we think we know about this case is...Fake News.

 

[Logic-lady]

Just came across this citation in relation to Molly, for driving on an expired registration tag prior to the murder. Interesting only for the fact that she was stopped at 4.10am which seems unusual if she had two children at home to care for. (could this be a sign her insomnia had returned as described by Keith MacGinn? Could it be linked to the alleged affair?) - https://bustednewspaper.com/case-details-criminal-3302014007448

Also, given that this happened in 2014, is it not unusual that she was indicted in her maiden name of Molly Martens and gave her address as her parents house in TN?

https://bustednewspaper.com/case-details-criminal-2802016000021

 

[Truthalways]

Wow great find logic lady !

 

[peregrino]

I think we have got to be careful here about what could be considered 'evidential ' , and what is put forward by advocates for the prosecution and the defence. Much of what is put forward as 'evidence' for the defence appears to me to be challenges by the lawyers for the defendants to whatever the prosecution has alleged, and to what witnesses have stated. That, I'm afraid, is what lawyers do. If they have good evidence to back it up, they will bring that evidence to the fore, but from what I have seen from Holton and Friedman so far, it doesn't look as if they have anything better than trying to muddy the waters, and cast doubt on the testimony of several independent witnesses. The assertions of Holton and Friedman are not 'evidential '; they are the tools of the trade of lawyers trying to get their clients off a very big hook. IMO.

 

[Truthalways]

I think we have got to be careful here about what could be considered 'evidential ' , and what is put forward by advocates for the prosecution and the defence. Much of what is put forward as 'evidence' for the defence appears to me to be challenges by the lawyers for the defendants to whatever the prosecution has alleged, and to what witnesses have stated. That, I'm afraid, is what lawyers do. If they have good evidence to back it up, they will bring that evidence to the fore, but from what I have seen from Holton and Friedman so far, it doesn't look as if they have anything better than trying to muddy the waters, and cast doubt on the testimony of several independent witnesses. The assertions of Holton and Friedman are not 'evidential '; they are the tools of the trade of lawyers trying to get their clients off a very big hook. IMO.

Your right. Good example of this was the retraction of TM statement by the defence regarding a conversation with JC father in law at MM and JC wedding when in fact it was later proven his father in law hadn't even attended. Just as you said, it was out there and I'm sure it muddied the waters or cast doubts. Interestingly I don't think reporters in D.C. wrote any follow up or highlighted the retraction.

Sent from my SM-T561 using Tapatalk

 

[bernie millar]

[FONT=&quot]The paramedic reports indicate that Mrs. Corbett reported being choked and had redness to the front of her neck,” Holton and Freedman write in their motion. “Mrs. Corbett had nausea, difficulty swallowing and speaking, and reported soreness to her throat and stomach, all well-known physical symptoms of choking and suffocation.”im sure the da can counter these arguments mm had nausea could have been from the sight of her bludgeoned husbands blood soaked body,redness on neck dueto mm placing her hand on her neck trying to surpress the nausea,difficulty swallowing and speaking due to hysteria although no difficulty swallowing and speaking could be heard in the 911 call,soreness to throat again due to hysteria,soreness to stomach due to nausea/retching
amo[/FONT]

 

[stephanddoody]

I'm bumping this up because it has a link to the article that describes some of the evidence in the search warrants. The motion described is seeking a change of venue and it was denied. Doesn't mean Holton won't make the same arguments at the trial just to show that a lot of what we think we know about this case is...Fake News.

I'm sure that Holten will make the same arguments . After all that is what he is paid to do . What is the motive for the Sheriffs office to bring charges against MM and Tm without sufficient evidence? Holten is claiming a lot of things and has done throughout none of which he has provided evidence of. Why is it that you take his word ? Have you got information that isn't in the public domain ? In the same article you linked he claimed Mr Shipwash acted inappropriately .

[FONT=&amp]According to the motion, Brian Shipwash, the clerk of court in Davidson County, engaged in improper conduct in both disputes over custody of Jason Corbett’s children and Jason Corbett’s estate. [/FONT]Molly Corbett wanted custody, but Jason Corbett’s sister, Tracy Lynch, and her husband, David Lynch[FONT=&amp], eventually won guardianship and took the children to Ireland. A Davidson County judge ordered the estate case moved to Forsyth County.
[/FONT][FONT=&amp]Assistant District Attorney Greg Brown said in court papers opposing a change of venue that no judge has made any findings that Shipwash engaged in misconduct.[/FONT]

This was also found to be untrue .

[FONT=&amp]The paramedic reports indicate that Mrs. Corbett reported being choked and had redness to the front of her neck,” Holton and Freedman write in their motion. “Mrs. Corbett had nausea, difficulty swallowing and speaking, and reported soreness to her throat and stomach, all well-known physical symptoms of choking and suffocation.”[/FONT]

Truth Always just shared some pictures of Molly above a couple of days after . No life threatening injury signs to me .http://www.independent.ie/irish-new...-all-over-i-may-have-killed-him-34345914.html
The 911 call . I don't hear any difficulty in speaking.

[FONT=&amp] But Freedman and Holton said in the motion that photographs of the master bedroom show a clear struggle, including blood spatter on several walls, a lamp that overturned onto the floor and other items strewn on the floor.[/FONT]

I would suggest with the battering Jason got there would be blood spatter over several walls the ME report said there was tissue and scalp visible on the floor
https://bloximages.newyork1.vip.tow...-5728-a19e-8e1d2dede2b7/56e169114ae36.pdf.pdf

[FONT=&amp]Holton and Freedman said the social media campaign encouraged the general public to contact Davidson County authorities in support of criminal charges before the grand jury indictments were unsealed.[/FONT]

MM had her own media campaign . Again its ok for her but not anybody else IMO it wasn't as innocent as it seemed . Wherever you are my love will find you could be viewed as threatening of potential witnesses,http://www.newstalk.com/Molly-Marte...ason-Corbett-Jack-Sarah-Limerick-Mike-Earnest
The flying banner http://www.limerickleader.ie/news/local-news/144282/Limerick-companies-reject-Molly-Martens-.html

[FONT=&amp]Brown, the assistant district attorney prosecuting the case, said in his written response that Holton and Freedman have given interviews to local and international media. He pointed to a pretrial motion that was filed last year that generated news stories about the case.[/FONT]

http://www.independent.ie/videos/li...pletely-necessary-and-justified-34336319.html
https://www.facebook.com/lexdispatch/videos/10153860027212940/
http://abcnews.go.com/GMA/video/defense-lawyers-speak-father-daughter-nc-murder-case-38340402 Firstly TM was suspended from duty following the charges . No mention of the paving stone . Does the body absorb alcohol post mortem from what I can find it s more likely the body produces ethanol rather than absorbs it http://www.wigmoreonalcohol.com/sin...lood-Alcohol-Concentrations-Are-they-Reliable. The Tradozone was .50mg as we have all stated much more likely to cause drowsiness than rage
http://transcripts.cnn.com/TRANSCRIPTS/1601/18/ng.01.html

 

[Fairness71]

I thought it might be of interest to have a fresh look at a sample chapter of Keith Maginns book. It gives an insight to MM mental state one month before she flew to Ireland to work for Jason.
The first chapter of Keith Maginn's book, Turning This Thing Around:


HELL


What the hell did we do to deserve this? That question has popped into my head a few dozen times in the past several months. I’m in a ****-hole motel somewhere in Atlanta, but it might as well be a five-star hotel compared to my fiancée’s situation: Mary is in a psych ward being treated for severe bipolar/manic depression. I just got off the phone with her. She was hysterical, begging me to sneak her Coca-Cola and muscle-relaxers.
I have no idea what to do or how much longer I can take this. Tears are streaming down my face and I am asking God, once again, for help. My life has fallen apart and I see no daylight ahead.
Mary is still furious with me about check-in night at the “rehabilitation center,” as they delicately call it. She is enraged at me because I refused to give her muscle-relaxers despite strict orders to the contrary. Weaning her off the plethora of medications she was on was the whole idea of bringing her here: sixteen prescribed meds daily and another ten to be used “as needed.” Up to twenty-six different medications a day for one person (and she weighed less than 120 lbs.)!
And they were not helping; quite the opposite, actually.
I stood firm on that first night, refusing to “help her pain” by disobeying facility commands. Mary cried and told me to leave; she said I must not really love her. I stalled for a few minutes, waiting for her to change her mind. She did not.
Hadn’t I proven time after time I would always be there, that I truly loved her and would do anything I could for her? Hadn’t I talked her out of suicide multiple times, holding her on the bathroom floor or in bed as she cried uncontrollably night after night? Didn’t I lay with her in the hospital telling her things would be better someday? And now she’s saying I don’t care and she doesn’t want me around?
So I left the building.
I went to my car to think for a few minutes. I decided to go back to Mary’s room. I asked her if she really wanted me to go. She said if I wouldn’t give her the muscle-relaxers, then I should.
I left again.
*
The Most Loving Thing I Could Do
sitting outside your prison
where they’re trying to figure you out
wondering why you?
why now?
what’s this crazy world all about?
Been trying to read a little
but thinking of you a lot
you’re stuck inside alone
wondering if you’ll make it or not
I keep tearing up
looking to the sky
drops smack the pavement
as I ask “oh God, why?”
I know you feel so alone
maybe someday it will make sense to you
why I didn’t give you what you asked for
that’s the most loving thing I could do
I withheld from you
what I was ordered not to give
even when you said
I should leave
there was no reason for you to live
I would give up us
my love
only if that would help you
maybe someday you will understand
that’s the most loving thing I could do.
–KM (February ’08)
*
Mary had been manic on the drive down from Knoxville, Tennessee, the phase of her illness when she felt indescribable euphoria. I dreaded this stage because of the devastating low that inevitably followed. And it wasn’t her; it was a fake happiness, a mirage.
She’d had these sporadic manic periods for years, often staying awake for days. Mary would finish entire novels in one sitting or jog for miles, despite rarely exercising normally. It was a fantasy-like high, as if she were on hallucinogenic drugs.
The rehab center was one highly-monitored hallway of rooms. Patients stood inert with blank expressions on their faces. Others stared at bare walls as if there were no life inside them. I could not tell what gender some of the patients were. There were odd, primal sounds coming out of several rooms.
Nearly all the patients had attempted suicide at least once, some several times. Many were in the midst of electro-shock treatments. It was a sullen, grave place, much like the movie One Flew Over the Cuckoo’s Nest with Jack Nicholson.
The huge difference to me, of course, was that in this real-life psych ward, my fiancée was the main character.
Mary was adamant that anyone knew the whole truth of our predicament. A great number of prejudices and stereotypes are associated with mental illness in our society and she did not want to be judged unfairly. Nor did she want pity. My friends and family eventually began to suspect something was not right, but chose not to pry. I admitted to others that Mary struggled with migraines and insomnia–which she did–but no one had a clue how serious her problems were.
In the meantime, I could feel myself slipping away. I was going down with the ship. My mind was a whirlwind of worry, sadness, confusion and anger. It was overwhelming.
I feared I was losing my mind.
Repeatedly, I asked God for help, but things kept getting worse. What did Mary do to deserve this? She was a good person–so great with kids–yet had suffered almost her entire life.
And, what did I do? I was a good person. Had I not spent years in low-paying jobs helping others instead of chasing a bigger paycheck elsewhere? And for what, so we could struggle with bills and barely afford groceries?
I often feared Mary would finally give up. She swore she could never do that to me, but she talked about it often.
We had no idea how long Mary would be at the rehab center. Thank God my boss was understanding and told me to stay as long as I needed and not worry about work right now (I only told my boss that Mary’s health was terrible and we were going to a center to help her regulate her medications). I had very little money, hence the shoddy motel. My “smoke-free” room reeked of cigarettes and had multiple burn holes in the drapes and comforter. The cleaning crew neglected to clean the shavings from the previous guest, which were still on the bathroom counter-top and in the sink. Yet compared to Mary’s circumstances, I had no right to feel sorry for myself.
After Mary asked me to leave, I drove an hour towards home before I swallowed my pride and returned to be with her. I didn’t know if she would pull through. I didn’t know if either of us would ever be “okay” again. I had no idea how we’d gotten into this mess or if we could get back out.
Visiting hours at the center were 5 to 9 pm. I spent the days reading and writing, but mostly worrying. I also passed time in a small hospital chapel next door to Mary’s facility, meditating and praying. I prayed mostly for Mary, but–for the first time in years–I also prayed for myself....


https://keithmaginn.com/sample-chapter/

 

[DaleTray]

I followed this case originally until the mods were forced to suspend activity. Now I see forum has re-opened and I went back and reviewed case facts. Appears trial w start July 17, 2017. I very well may make the 4 hour drive south and watch some of this trial. Any locals anticipate attending notwithstanding a plea agreement prior to trial date?

 

[Logic-lady]

Starting fresh sleuthers,

A few financial questions came up earlier on in 2015 about TM financially and a possible transfer of money from JC account to his before JC moved to the USA. At the time we were questioning and looking into possible motives for TM.

I came across this a couple of days ago and am wondering can any USA sleuthers help explain this document further. It may not be of any relevance but would like to look down all roads we have info on. See attached. TM is listed alphabetically and his shares.

Thanks.

There were also various properties owned by TM and SM - I cannot recall how many without trawling through the previous threads but was at least three. If they had tied up the majority of their assets in real estate then this could have left them with very little available cash necessitating the need for a loan.

All IMO

Just pulling this back up here as it seems every time the Martens financials come up, the responding posts become inflammatory and so the conversation is thrown off. If the prosecution can in fact prove that TM independently had a reason why he wouldn't want Jason to leave, then I think they could prove that it was this 'frame of mind' that took over on the night rather than a fear of Jason's size. IMO