searchinGirl
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- Jul 22, 2014
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Ah ok, I see where you are going. You are correct, the defense will do anything in their power to ensure the jury convict on the lesser charge of voluntary manslaughter, but I presume this is why the DA charged with both crimes, to give the jury an out should they fail to reach a unanimous verdict on the Murder 2. However, I do believe the prosecution has ample evidence to achieve the Murder 2 conviction, this is why Keith Maginn's testimony is crucial, because uncontrollable rage is not the same as imperfect self defense, and it highlights Molly's propensity for rage prior to this one event.
The defense really only has one option, ensure that people believe the version of Jason that they are putting out into the public realm. However, there does not seem to be a single shred of evidence released thus far by either side (apart from the statements of self defense by MM & TM) to back this up. Not one single thing has come out...they were living in the States for 4 years, away from his friends and family, surely there would be some evidence of his change in character during that time. We have found nothing, except for the same rehashed versions of stories that Molly posted on FB initially. I appreciate the intent to understand the defense perspective, and it can be helpful at times. Perhaps we would be more successful if we tried to establish areas where further sleuthing may be beneficial?
I have put together a rough timeline to see if that helps us locate any holes/potential -
- Molly attended Farragut High School, Class of 2001.
- She attended Clemson in 2003, but no further confirmation of her continued education there.
- We then have the yahoo profile from 2006, suggesting she has an 8 year old stepdaughter.
- Keith Maginn suggest they were in a relationship for about a year prior to her leaving for Ireland so that takes us back to Spring 2007. They met on an internet dating website, and she was living in a condominium owned by her parents in Knoxville at that time. He also references her teaching a childrens swim class during their time together.
- She was admitted to Emory Hospital in Atlanta, Georgia in February 2008.
- She flies to Ireland in March 2008 to take up her post as au pair for Jason.
IMO we are probably missing another mystery man between her time at Clemson and her taking up with Keith.
with all due respect I think the defense will do anything in its power to ensure an acquittal...but, I agree that uncontrollable rage and imperfect self-defense (ISD) are different...I think ISD might be the defense strategy for a worst-case scenario in Thomas Martens case ... and while it does sound like Molly may be a co--dependent rageaholic I think when a case is labeled domestic violence there is an inherent presumption that both people in the relationship argue as it takes two to tango so to speak...I think the value of Keith Maginn's testimony is in the way he described Molly's behavior when they argued...that she refused to let him leave to calm down is the most telling to me (can you envision Molly standing in front of the door yet not letting him out?)...that kind of constant engagement in the argument is what makes this situation volatile... and all Jason had to do was grab her arms and move her out of the way for the fight to begin... and I don't know if it's like this in North Carolina but in Colorado you don't have to strike someone to be charged with domestic violence...I mean, if you break something in front of your spouse and use intimidating loud language here it's considered a threat...and you can be arrested for criminal mischief with DV and lose your right to carry a firearm...but back to the point...the other thing that's telling to me in Maginn's book is Molly's talk of suicide... I think when people threaten other people with suicide those thoughts can easily turn to homicide...especially in the heat of the moment...
My thoughts on your areas of further sleuthing are that you should be able to find address(s) for the Martens properties by sleuthing the public record and if I was looking for a swim teacher I would start at the YMCA...but I'm not familiar with Knoxville public pools or city programs for children... same thing with the County that Farragut is in... however, I'm not too interested in traveling down that road because I just don't see the point... it's hearsay and I cannot convict on that alone...thanks for the lesson...
if nothing else Molly deserves a fair trial...