GUILTY NC - Jason Corbett, 39, murdered in his Wallburg home, 2 Aug 2015 #3

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searchinGirl said:
I agree...just as she has a right to defend herself...I only ask because I'm curious...phrased another way ...in dealing with an adult child with mental illness, how long do you think a diagnoses applies if there has been no treatment for a long period and that person appears to be functioning fairly well?...as far as taking the stand I don't think she will...IMO....
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You may well be right, but I suspect that it will be in keeping with Molly's personality to want to take the stand, and even to insist upon it despite legal advice. I could be quite wrong, but that is my feeling.

As I said, a very difficult position for her lawyer, as he cannot prevent her from doing so, even if he advises her not to do it.

As for Tom, not a hope that he will take the stand, he knows how counterproductive it would be.
 
emmalpage81 said:
Agree, to an extent. I think her actions will be raised. It is up to her Counsel whether they put her on the stand. The prosecution can raise her behaviour regardless. I feel her behaviour will be central to the prosecution.
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No, it is up to Molly alone whether she takes the stand. Her Counsel can neither force it nor prevent it.
 
kittythehare said:
Even if Tom Molly Sharon uncle mike and the grandparents and the whole ancestral line are psychopaths, its got nothing at all to do with the case. Unless she were to plead insanity.. we cannot believe her because we know she lies. Its a red herring and we have explored it ad nauseum already.
I think they both displayed psychopathic behavior, actually.
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I think the prosecution will rely on MM's actions. That is what they will prosecute on. Her uncle, parents, siblings, etc can deflect, argue etc. But it is MM's actions (and TM's) that are on trial.
 
I think MM's mental health status could come in if the Defense argues that the medication is Jason's system was his. That, as they say, "opens the door" for the Prosecution to enter her mental health as rebuttal.

Remember they are on record for stating that MM takes no medications and hasn't for years.
 
Electric Sheep said:
No, it is up to Molly alone whether she takes the stand. Her Counsel can neither force it nor prevent it.
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Her Counsel can advise her. The prosecution will proceed regardless. It is up to MM and her Counsel how they proceed with her defence.
 
emmalpage81 said:
I think the prosecution will rely on MM's actions. That is what they will prosecute on. Her uncle, parents, siblings, etc can deflect, argue etc. But it is MM's actions (and TM's) that are on trial.
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I agree, and that is why I feel that a lot of the discussion about placing blame on Molly's family is irrelevant. This trial will be about the actions that took place on the night that Jason died, not on a book written by an ex boyfriend, the jobs held by various members of Molly's family, or the contents of the house the family lived it.

I stated before, and I still believe, that this trial verdict will be determined mainly by forensics, not by personalities. That is generally how trials go when there is strong forensic evidence.
 
Electric Sheep said:
I agree, and that is why I feel that a lot of the discussion about placing blame on Molly's family is irrelevant. This trial will be about the actions that took place on the night that Jason died, not on a book written by an ex boyfriend, the jobs held by various members of Molly's family, or the contents of the house the family lived it.

I stated before, and I still believe, that this trial verdict will be determined mainly by forensics, not by personalities. That is generally how trials go when there is strong forensic evidence.
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Agree. The actions of the night are key. The autopsy, any statement of those in attendance that evening ect will play a part.

I do think that character witnesses will also play a key.

Regardless we must remember that TM has admitted to killing JC. That brings the family into play.

I do agree that forensics will be the major player in this case.
 
Electric Sheep said:
The prosecution cannot force Molly to take the stand, no matter how they proceed.
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Nobody can force MM to take the stand. It is her choice and, I think, if she takes the stand it will be detrimental to her defence. I do not think TM will take the stand. I feel he is more likely to take the advice of his Counsel.
 
emmalpage81 said:
Agree. The actions of the night are key. The autopsy, any statement of those in attendance that evening ect will play a part.

I do think that character witnesses will also play a key.

Regardless we must remember that TM has admitted to killing JC. That brings the family into play.

I do agree that forensics will be the major player in this case.
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It brings Tom into play, it does not bring the other members of the Martens family into play. Just as it does not bring the Corbett family into play, the custody battle for the children into play, nor the probate of Jason's estate into play. This is a purely criminal trial.
 
searchinGirl said:
http://www.cbsnews.com/news/nfl-domestic-violence-case-shows-systems-flaws/
I found this article today relating to NC domestic violence laws...this guy, an NFL player, completely escaped punishment in a "trial de novo"... Relevant here as it applies to the probate appeal... FYI...just in case you might find it interesting...
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Firstly the only appeal in this case is in regard to the civil case, not the criminal case. Also, in this case the victim showed clear injuries from the attack no such photos appear (that we are aware of) in respect of the criminal case for MM.
 
Electric Sheep said:
It brings Tom into play, it does not bring the other members of the Martens family into play. Just as it does not bring the Corbett family into play, the custody battle for the children into play, nor the probate of Jason's estate into play. This is a purely criminal trial.
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Only TM and MM have been charged, they are the only players that matter in this case IMO.

I do believe that evidence from family members will be paramount, for character purposes.
 
emmalpage81 said:
Firstly the only appeal in this case is in regard to the civil case, not the criminal case. Also, in this case the victim showed clear injuries from the attack no such photos appear (that we are aware of) in respect of the criminal case for MM.
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The appeal on the probate case is another example of a trial de novo...I have mentioned it before and found an example worth sharing...not trying to argue it into the criminal case...
 
searchinGirl said:
The appeal on the probate case is another example of a trial de novo...I have mentioned it before and found an example worth sharing...not trying to argue it into the criminal case...
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From my understanding from reading a trial de novo is the same as a general appeal in Ireland, i.e that they consider the case anew and are not bound by a lower court. The article you shared dealt with a domestic violence case, a criminal case, not a civil case so major differences in how they are dealt with.
 
stephanddoody said:
You are very right in what your saying . But Molly wasn't working at the time somebody paid for the flights and visa etc . Keith said in the book he had little money so I assumed they paid but I may be wrong there as it doesn't specify who paid for them
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Her parents may have decided KM didn't have enough money to look after Molly and as she was having ongoing mental health issue she was better off moving on. IMO I am sure they knew exactly where she went, who she was working for and what work she was doing. My daughter is and has been away working for different people over the past number of years and I alway check the employer out. No way would I let my daughter travel abroad and not know where she is and who she is working for. I think the Martens wrote KM out of their lives once Molly decided to leave him and the same thing happened again when Jason was murdered.
 
emmalpage81 said:
From my understanding from reading a trial de novo is the same as a general appeal in Ireland, i.e that they consider the case anew and are not bound by a lower court. The article you shared dealt with a domestic violence case, a criminal case, not a civil case so major differences in how they are dealt with.
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The appeal from probate court to superior court is a trial de novo...same concept.. It was just a follow up post...
 
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