GUILTY NC - Jason Corbett, 39, murdered in his Wallburg home, 2 Aug 2015 #7

[stephanddoody]

I would contend there is no evidence to show malice - and no criminal offence," Mr Freedman said."Mr Martens was acting in self defence and getting anything else before the jury would be speculation at this point."

"The State, even by their own admission, (indicate) it would go towards excessive force and nothing else."The State doesn't have a theory in this case - the State's whole theory is to disprove the defence case. But the State has to provide credible evidence of malice.""

Judge David Lee rejected applications from the defence teams of both Thomas Michael Martens (67) and Molly Martens Corbett (33) for the second degree murder charges against them to be dismissed after the prosecution case concluded.

Mr Holton, for Ms Martens Corbett, said it was clearly an issue of self-defence."The evidence is clear and clean and it is 100pc self defence."
"The evidence is so overwhelming there is nothing but self-defence in the State case," Mr Holton said.

"There is nothing to contradict that Mr Corbett was the aggressor."
"There needs to be some physical hard evidence as regards who started this confrontation."
"All of the evidence is that he (Mr Corbett) was the aggressor with murderous or felonious intent."

"It is an issue of self defence."
"Everything they put forward is consistent with what Mr Martens and Ms Martens Corbett said."
"This was an altercation, the evidence was overwhelming that Mr Corbett started it, the evidence is overwhelming that this was self defence for these two defendants," Mr Holton said.


Charges of voluntary manslaughter against the father and daughter were dropped on the opening day of the trial last month.

Davidson County Assistant District Attorney Greg Brown opposed the dismissal motions and said the totality of the evidence offered by the prosecution meant it should be allowed go to the jury.

"The physical evidence in this case overwhelmingly and absolutely goes against that this was self defence for Thomas Martens and Molly Martens Corbett," Mr Brown said.

He said the injuries sustained by Jason Corbett (39), the forensic evidence, the lack of injuries to the two defendants and other testimony runs against the claims of Mr Martens and Ms Martens Corbett over precisely what happened.

Judge Lee ruled that, having carefully considered the matter and the legal arguments involved, said there was "substantial" grounds to deny the motions from both defendants.

http://www.independent.ie/irish-new...-murder-charges-against-martens-35998786.html

 

[Be true]

"I would contend there is no evidence to show malice - and no criminal offence," Mr Freedman said.

http://www.independent.ie/irish-new...-murder-charges-against-martens-35998786.html

Ah so this is where the no evidence of malice comes from. Glad the judge didn't agree

Judge Lee ruled that, having carefully considered the matter and the legal arguments involved, said there was "substantial" grounds to deny the motions from both defendants.

http://www.independent.ie/irish-new...-murder-charges-against-martens-35998786.html

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[Hotchips]

It's been quite a day. Very surprised the prosecution case has wrapped up at this point. Puzzling really. Did nothing of any use turn up from the results of the search warrants... they sought quite a lot of info and no reference whatsoever, from what I've seen personally anyway, has been made to anything of importance being uncovered on foot of these to their case. I mean did the phone records, emails, Facebook accounts ,bank statements uncover nothing untoward at all?? Remember the defence would also have studied what the warrants uncovered. Also LS , was she not to be a witness for the prosecution. I really much doubt the defence will deny Molly had sought legal advice a number of years ago as LS was interviewed about this by a reporter so that info is out there with a long time so I'm unsure where LS comes in even if as a rebuttal witness unless the defence intend to call her. Wonder how long the defence will spend giving their version.

 

[Logic-lady]

http://www.the-dispatch.com/news/20170803/judge-rejects-motion-to-dismiss-corbett-case

 

[Be true]

"I would contend there is no evidence to show malice - and no criminal offence," Mr Freedman said.

http://www.independent.ie/irish-new...-murder-charges-against-martens-35998786.html

Ah so this is where the no evidence of malice comes from. Glad the judge didn't agree

Judge Lee ruled that, having carefully considered the matter and the legal arguments involved, said there was "substantial" grounds to deny the motions from both defendants.

http://www.independent.ie/irish-new...-murder-charges-against-martens-35998786.html

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I believe second degree murder is about malice, not motive. IMO

Judges decision earlier today, he must see the necessary factors to culminate in murder 2 charge if he is allowing trial to go ahead?

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[InterestedSpectator]

we were in the midst of a discussion about the daily mail journalist.
IMO searchin was merely adding her opinion, nothing sinister.

Thank you. Just needed context.

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[stephanddoody]

http://www.the-dispatch.com/news/20170803/judge-rejects-motion-to-dismiss-corbett-case

[FONT=&amp]Brown later stated that Molly Corbett “did not try” to hit Jason Corbett with the cement paver. Instead she “succeeded” in hitting him.
[/FONT][FONT=&amp]“(A cement paver) that she just so happened to have on her bed stand,” Brown said sarcastically.[/FONT]

A rock on your bedstand . I mean if that is not insulting peoples intelligence I really don't know what is

 

[searchinGirl]

I'm totally not getting where you are getting the idea of a 'deadly sexual assault' from?

I think it is perhaps what TM might have been thinking about what he saw going on in the bedroom that night. I mean, something enraged him to beat JC so badly. I can only conclude he had to believe that JC really was trying to harm MM. IMO

The blood spatter analyst said it began on or near the bed. TM said he saw JC choking MM. I can't visualize that they were both standing with JCs hands around her neck or MM would have kneed him in the groin. What I can see is this altercation beginning in bed with MM laying on her back and JC on top of her. Makes it easier for TM to hit him from behind initially, stunning JC and freeing MM but not to the point he let go of her completely. IMO

TMs state of mind is in play here. Did he think JC was raping his daughter? Or, did he decide in that moment to kill JC because, as the witness testified, "he hated the son in law" and seized the opportunity to do away with him? Criminal intent is key. IMO

 

[stephanddoody]

before court adjourned, the lawyers discussed the allowance of comments made by Michael Fitzpatrick, the father of Jason's first wife
[FONT=&amp]before court adjourned, the lawyers discussed the allowance of comments made by Michael Fitzpatrick, the father of Jason's first wife
[/FONT][FONT=&amp]Fitzpatrick allegedly told Martens that he believed Jason Corbett was responsible for his daughter's death
[/FONT][FONT=&amp]Fitzpatrick's family later denied that comment ever happened. Court has to decide whether that can be used for the jury
[/FONT][FONT=&quot]Also, the allowance of the statements from the children will be discussed tomorrow[/FONT]

 

[jd08]

Judges decision earlier today, he must see the necessary factors to culminate in murder 2 charge if he is allowing trial to go ahead?

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Motions to dismiss are rarely granted at this stage of a case. The standard is whether the prosecution, in the light most favorable to them, has offered evidence to prove each element of the offense. It is unusual for a judge to dismiss a criminal case and not allow it to go to a jury.

 

[fido]

Interested to hear what the overwhelming evidence is...

Was thinking the exact same thing!

 

[Be true]

Wow just wow [emoji22]

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[jd08]

before court adjourned, the lawyers discussed the allowance of comments made by Michael Fitzpatrick, the father of Jason's first wife
[FONT=&amp]before court adjourned, the lawyers discussed the allowance of comments made by Michael Fitzpatrick, the father of Jason's first wife
[/FONT][FONT=&amp]Fitzpatrick allegedly told Martens that he believed Jason Corbett was responsible for his daughter's death
[/FONT][FONT=&amp]Fitzpatrick's family later denied that comment ever happened. Court has to decide whether that can be used for the jury
[/FONT][FONT=&quot]Also, the allowance of the statements from the children will be discussed tomorrow[/FONT]

IMO Fitzpatrick comments will be kept out due to being too unreliable and children's statements allowed in.

 

[stephanddoody]

Motions to dismiss are rarely granted at this stage of a case. The standard is whether the prosecution, in the light most favorable to them, has offered evidence to prove each element of the offense. It is unusual for a judge to dismiss a criminal case and not allow it to go to a jury.

Thank you tomorrow and next week we might not agree . I mean no disrespect to you or anyone else thats on this forum that doesn't share the same view as me . I genuinely enjoyed this experience but I know in the back of it all a real genuine heartbroken family are suffering . This is not something I will ever do again. I personally feel no matter what Jason did or didn't do there is no justification for this slaughter and nothing the defence presents will change my mind . His life mattered and he was loved . People miss him and his company . His family friends and children miss him. He didn't deserve to die this way he was annihilated .

 

[fido]

Poor kittythehare! You sound so frustrated. I really feel for our Irish friends trying to follow. I could only say that this all seems normal to me as far as the court proceedings. The judge is the expert on the law and trials, so he knows in his mind what is allowed and will limit both sides to a narrow focus and interpretation of the law that goes to the heart of the case arguments.

For example, the Prosecution cannot bring up prior convictions that have no direct bearing on a case. But if a defendant takes the stand for the Defense, then that "opens the door" for the Prosecution to bring up any prior convictions and prison sentences.

For MM, if she took the stand, the judge might disallow her prior psychiatric history because she is claiming self-defense from an assailant and MM is not claiming diminished capacity or insanity. OTOH the judge might decide to allow such information as generally indicative of her state of mind, character or good judgment.

The judge will not allow the Prosecution to create any unfair prejudice against the defendants which is likely underlying some of today's disallowed testimony or exclusion of any certain evidence. In the USA everyone has an absolute right to self defense. The State must prove that they are guilty of more than self defense. The judge denied the Defense motion to dismiss, so he is saying that the Prosecution has met the burden of the prima facie case that this MAY be second degree murder, let us proceed.

Thanks so much for this Sandy - I too feel better having read your reassuring post. Thoughts and prayers are with the Corbetts as always. What a gruelling, gruelling week this has been for them.

 

[Columbo16]

https://www.americanbar.org/groups/...ducation_network/how_courts_work/rebuttal.htm

 

[searchinGirl]

The correspondent for the Irish Daily Mail is simple lovely. Smart, attractive, and quite poised in the video I saw of her. IMO

Not sure what you're trying to say here?

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Just saying that she a good reporter and she speaks very well too. Maybe she should consider broadcast journalism. I meant it as a sincere compliment. IMO

I don't have a dog in this fight (with the possible exception that my relative works for the local brick company and promotes pavers). I'm just an objective observer. I do think from what I've observed about Molly that she might be a victim of DV. Does anyone know if the interviews at Dragonfly House will be allowed in?

 

[fido]

IMO Fitzpatrick comments will be kept out due to being too unreliable and children's statements allowed in.

I am just raging that this lie about what Mr. Fitzpatrick is alleged to have said, hasn't been put to bed. Mrs. Fitzpatrick has been very clear that this never happened - it should not even be discussed. Could she testify by video link if necessary?

 

[InterestedSpectator]

Just saying that she a good reporter and she speaks very well too. Maybe she should consider broadcast journalism. I meant it as a sincere compliment. IMO

I don't have a dog in this fight (with the possible exception that my relative works for the local brick company and promotes pavers). I'm just an objective observer. I do think from what I've observed about Molly that she might be a victim of DV. Does anyone know if the interviews at Dragonfly House will be allowed in?

Thank you. Just needed context.

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[Logic-lady]

I think it is perhaps what TM might have been thinking about what he saw going on in the bedroom that night. I mean, something enraged him to beat JC so badly. I can only conclude he had to believe that JC really was trying to harm MM. IMO

The blood spatter analyst said it began on or near the bed. TM said he saw JC choking MM. I can't visualize that they were both standing with JCs hands around her neck or MM would have kneed him in the groin. What I can see is this altercation beginning in bed with MM laying on her back and JC on top of her. Makes it easier for TM to hit him from behind initially, stunning JC and freeing MM but not to the point he let go of her completely. IMO

TMs state of mind is in play here. Did he think JC was raping his daughter? Or, did he decide in that moment to kill JC because, as the witness testified, "he hated the son in law" and seized the opportunity to do away with him? Criminal intent is key. IMO

http://myfox8.com/2016/01/07/911-call-released-in-irish-mans-murder-in-davidson-county/

[QUOTE"It was told through initial interviews that Jason Paul Corbett was choking Molly Paige Corbett inside the master bedroom door in the early morning hours of August 2, 2015."][/QUOTE]

Unless they were sleeping with the door open, it is unlikely that TM could have seen JC lying on top of a fully clothed Molly in bed trying to rape her, and even if he did, why would he refer to it as 'inside the bedroom door'....also given that only one side of the bed appeared to have been slept in and the blood had soaked through to the mattress and box spring wouldn't this imply that Molly was on top rather than underneath JC?

They have NOT used this as a defense. There is nothing to suggest this happened. Domestic Violence does not automatically correlate to sexual violence.