Jason’s killers push for Supreme Court to order a full retrial
KILLERS Tom and Molly Martens have urged a US Supreme Court to order a full retrial and confirm the overturning of their convictions for the murder of Irish businessman Jason Corbett (39).
The father and daughter – who are currently serving 25-year prison sentences for the second-degree murder of Mr Corbett in August 2015 – have lodged a detailed legal submission to the North Carolina Supreme Court.
Mr Corbett’s sister, Marilyn, said the Limerick family were retaining their faith in the North Carolina justice system.
“We live every day of our lives since August 2, 2015, with the loss of Jason in the most cruel, heinous and horrific circumstances,” she said.
“We have lost our beautiful, strong mother to Covid-19 while Tom Martens tried to use it [the virus] to circumvent the law to get out of prison. “We continue to have faith in the North Carolina justice system but are praying every day the judges can come to a timely decision to end our years of excruciating pain.”
In the Martens’ submission, which runs to almost 100 pages, they argue they did not receive a fair trial three years ago.
They argue that material in support of their argument of self-defence and the state of mind of Mr Martens that night was not allowed into evidence.
Their submission came one month after North Carolina prosecutors lodged their own legal argument seeking the Supreme Court to reject the Court of Appeal ruling and uphold the original murder convictions.
Both father and daughter were convicted of battering the Limerick-born businessman to death with a baseball bat and a brick as he slept in his home in North Carolina.
Mr Martens (69) is a retired FBI agent while his daughter, Molly (35), who was Mr Corbett’s second wife and former nanny to his two children, suffered from a lengthy history of mental health problems.
Last month, North Carolina attorney general officials lodged a 96-page submission to the Supreme Court seeking to have a Court of Appeal ruling overturned and the original second-degree murder convictions upheld.
The shock Court of Appeal ruling on February 4, by a 2-1 decision, granted the father and daughter a full retrial.
Two judges found that decisions of the trial judge were potentially prejudicial to the defendants and may have undermined their ability to receive a fair trial.
A third judge argued that the murder trial was entirely fair and balanced.
That appeal ruling was immediately challenged by the North Carolina district attorney’s office and the Supreme Court will now rule on either upholding the original conviction or granting a retrial, most likely for late 2021 or early 2022.