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Those are very good points. I agree that it's possible that MM rather than TM wielded the bat and she was the primary assailant. It' also possible that TM heard the beating, saw what happened and decided to concoct a cover story for MM.
However, if that's the case, then she must have started the assault when Jason was sleeping. I don't think that MM was physically capable of picking up a bat and/or a brick during a typical marital argument and beating her husband to death. Jason could have defended himself if he had been awake. She must have stunned and hurt him badly while he was asleep and then finished the assault after he tried to get up and defend himself. Yes, I will concede that such a scenario is possible. I agree that her background makes it seem even more possible.
All this his makes me wonder to what extent does the prosecution need to convince the jury of exactly how the murder unfolded. Does the prosecution need to convince the jury of a particular scenario or just that a murder was committed by MM and TM with a bat and a brick and the details of who delivered the blows and when don't matter that much?
I think the point is well taken that Molly could not have subdued an awakened Jason. He had to have been asleep or drugged. So if the FBI man had his daughter awaken him and say she thinks she killed her husband, he's going to assess the scene. No one will accept she could take Jason down without incapacitating him. If she did, that is Murder One.
How do we save Molly, keep the kids in our family? That's when Tom decided to insert himself. He would do what his experience told him was their best option.
The DV accusation and Tom as hero and the only assailant ( at first) ...was the only option they had that might work. Tom would handle it all. Sharon must stay completely out of it.
It is and was their only shot. Tom wasn't trying to save his daughter with a bat...but with his trained FBI brain.