North Carolina Appeals Court overturns Molly Corbett, Thomas Martens' murder convictions
Molly Corbett and Thomas Martens will get a new trial in the death of Jason Corbett after the North Carolina Court of Appeals overturned their murder convictions.
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The court ruled that it found errors with evidence in the trial.
Thomas Martens and Molly Corbett, appealed their second-degree murder convictions last winter in connection to the beating death of Molly Corbett’s husband, Irishman Jason Corbett, in August 2015.
The trial was held in Davidson County Court in 2017.
The father and daughter are in jail serving 20- to 25-year sentences after a jury found the pair guilty of second-degree murder in the death of Jason Corbett after he was beaten to death with a baseball bat and brick paver inside the couple’s Davidson County home.
Martens and Molly Corbett claimed self-defense. Their attorneys alleged the duo did not receive a fair trial, and raised several issues on appeal, including alleged juror misconduct. They are also challenged testimony from experts during the trial, specifically from a blood spatter expert.
The North Carolina Court of Appeals voted in a 2-1 ruling to overturn Molly Corbett and Tom Marten's second degree murder convictions. The following statement is included in the ruling:
“Defendants were prevented from presenting a meaningful defense, or from receiving the full benefit of their claims of self-defense and defense of a family. As a result, the jury was denied critical evidence and rendered incapable of performing its constitutional function."
The appeals court ruled that some statements the children provided, which were ruled inadmissible during the jury trial, should have been ruled admissible. The court also ruled that a statement Tom Martens made, which was struck from the record, should have not been struck from the record. In addition, a blood splatter expert's testimony related to "untested clothing" should not have been included, according to the court. The court also ruled that there was not enough evidence to support that Martens was the "aggressor" during the incident.
Click here for the State Court of Appeals' full ruling.
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Appeals court reviews Molly Corbett and Thomas Martens' murder convictions in man's beating
Corbett, Martens found guilty of second-degree murder after death of Jason Corbett in 2015
Jury foreman in Corbett, Martens case explains how they arrived at their decision
Neighbor recalls "normal" day with Jason Corbett
Father and daughter charged with murder
WXII 12 News spoke with Martens' attorney, David Freedman, on Tuesday.
“On behalf of the Martens family, we’re extremely pleased that they overturned the conviction and called for a new trial. That’s what we asked for them to do and that’s what they decided was the appropriate decision based upon the facts of this case," said Freedman. “We’re very relieved at the court of appeals’ decision. We believe that the rule of law is alive and well in North Carolina and we’re very thankful for that.
“[Martens' family is] sort of overcome with emotion today. They have waited for this day for a long time. They’re relieved but they also know that there’s a lot more ahead and they understand that. They’re happy that all of the arguments that were made early on have been heard by the court."
“The court did an extremely thorough analysis, perhaps the longest opinion I’m aware of by the court of appeals. They clearly looked at the record as a whole and decided, based upon the rulings of the court in the trial, that we were presented from presenting the defense that we wanted to,” Kinsbery said. “In reading and reviewing the opinion, I’m very thankful that they did the careful review that they did of the entire record of the transcripts and the briefs and the arguments and came to the conclusion that there were a number of items and pieces of evidence that had been presented to the jury, legally, that we were restricted from doing and we’re thankful. There is a saying that “Justice is not a result, it’s a process,’ and we’re thankful that clearly the court wants to preserve that process and the sanctity of that process."
Molly Corbett's attorney, Douglas Kingsbery, also provided the following statement:
“I do want to commend all three of the judges who considered this appeal for what’s obviously their thoughtful consideration of the issues that were presented, and for taking the time they felt necessary to determine those issues. I think that’s highly commendable of all three judges, including the dissent.”
The defense attorney for Molly Corbett, Douglas Kingsbery, argued that during the trial, prosecutors never presented evidence that Molly Corbett was an aggressor during the beating, and said the charge against her should not have gone to the jury.
Defense attorneys argued another issue is the trial court’s exclusion of what they believe is key evidence to the case: testimony from Jason Corbett’s two young children from a previous marriage. Jason Corbett’s first wife and the children’s mother, Margaret Fitzpatrick Corbett, died of an asthma attack in 2006.
Martens attorney, David Freedman, argues that another key statement was left out of the trial, which would have given more context to show Martens’ state of mind the night Jason Corbett was killed. He said Martens claims he had a previous conversation with Margaret Fitzpatrick Corbett’s father, who said that he believed Corbett may have been responsible for Fitzpatrick Corbett’s death.
In a sworn written statement, the father said he never had that conversation with Martens, and passed away before the trial.
Freedman said the conversation still gives the jury context to understand Martens’ state of mind on the night of the attack. Freedman said instead, all the jury heard was that Martens had a previous conversation with a coworker, four months prior to the beating, about how he “hated” Jason Corbett and that he was upset that he drank and smoked too much at a house party.
Freedman argued the exclusions were in error and prejudicial to his client during the trial.
Attorneys for the state, Jonathan Babb and Mike Dodd, argued the physical evidence presented during the trial contradicts Martens and Molly Corbett’s self defense claims, including a lack of injury on either of the defendants. Prosecuting attorneys asked the panel to review photographs presented as evidence during the trial to help substantiate the contradiction.
Dodd said the case is clear and believes the trial jury’s convictions should hold.
“This case seems strange to me,” he said. “I do not know why the prosecutor brought this as a second-degree murder case. It appears to me there was at least evidence to bring this as a first-degree murder case.”
Oral arguments ended after about an hour and a half Thursday. Martens attorney said he’s pleased with how the hearing went.
“I never try to predict what a court is going to do,” Freedman said. “What it gave me an indication of is they truly understood the case and took it very seriously. That’s all we could ever ask for.”
Molly Corbett’s uncle, Mike Earnest, sat in the courtroom among other family members and friends of the defendants. After the hearing, he said, “Tom and Molly are innocent. They should be set free, but at the very least, they should be given a new trial. A fair trial.”
The court said, "Although defendants raise 13 issues on appeal, many of which are interconnected and complex, this case is deceptively simple, boiling down to whether defendants lawfully used deadly force to defend themselves and each other during the tragic altercation with Jason. Having thoroughly reviewed the record and transcript, it is evident that this is the rare case in which certain evidentiary errors, alone and in the aggregate, were so prejudicial as to inhibit defendants' ability to present a full and meaningful defense. Moreover, the trial court erred in instructing the jury on the aggressor doctrine as to Tom, given the absence of evidence to support such an instruction. Because these errors are dispositive and warrant a new trial, we need not address the additional issues raised by defendants."
WXII 12 News has obtained the 169-page court document and will update this story as we learn more.