Retrial for Jason Corbett murder 'has turned the case on its head', says Molly Martens' uncle

American father and daughter Tom and Molly Martens have won a challenge against their convictions for the murder of Limerickman Jason Corbett.

They were convicted of the second-degree murder of the Limerick businessman at his home in North Carolina in August 2015.

Ms Martens' uncle said the ruling by a US appellant court is “amazing and that the family are very gratified” that their faith in the judicial system has been proved correct.

Molly Martens Corbett, 35, and her father Tom, 68, a retired FBI agent with 30 years experience, were convicted of the business executive's murder by a US court in August 2017.

Jason Corbett, originally from Limerick, was murdered in their home in Walburg, North Carolina, in August 2, 2015 while he slept. Mr Corbett, was killed with an aluminium baseball bat and paving stone.

The Martens pair pleaded not guilty to the charges and claimed self-defence was the reason behind their deadly actions. Both are serving 20 to 25 jail terms in high security prisons in the US.

The pair appealed their convictions early last year to the Court of Appeal in North Carolina.

Mr Corbett’s children Sarah Corbett Lynch (aged 13) and her older brother Jack (aged 15) were orphaned after their father Jason was murdered. They were then aged 8 and 10.

They now live with their aunt and uncle Tracey Corbett Lynch and David Lynch who are their legal guardians.

Lawyers for the pair said they did not get a fair trial and that the trial judge had excluded critical evidence in their case.

In their appeal, lawyers for Molly and Thomas Martens argued that the judge in the case had excluded key evidence that would have corroborated their client's claims.

This included information which they said might have explained Thomas Martens' state of mind on the night of the murder.

They argued that statements Mr Corbett's children had given to social workers should have been allowed as evidence.

In the Court of Appeal ruling today, the three judges described its ruling as "deceptively simple", boiling down to whether the defendants lawfully used deadly force to defend themselves and each other during the tragic altercation with Mr Corbett.

"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 defence," the court ruled.

The judges also found that "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".

Mr Earnest, who is the Martens family spokesperson said: “The family and I have always remained confident that justice would prevail for Molly and Tom.

Thirteen points in the appeal judgement point out errors in the trail court ruling. Two of the three appeal judges found in Tom and Molly’s favour and that says it all to us.

“The ruling is 160 pages long and the first 110 pages back our argument that Molly and Tom did not receive a fair trial from day one. The jury did not have all of the evidence and key to that was the children’s Jack and Sarah’s statements (made to authorities after their father’s death.)The third and dissenting judge gave his ruling which was indifferent to theirs.

“It has been a long year since the appeal has been heard. Every first and third Tuesday and Thursday of the month we waited for a verdict and it’s been nerve wracking.

“They were never going to be able to receive a fair trial and over the past two and half years since the original court ruling life has been horrendous for us as a family.”

Mr Earnest explained that it will take two to three weeks before the ruling is “mandated” and made fully legal. “After that period of time the ruling can be appealed to the Supreme Court of North Carolina by the other side.

“The Supreme Court can decide to uphold the original second-degree murder charge or allow the retrial if an appeal is made. It is unusual for a retrial not to be allowed.

“We don’t know if Tom and Molly will be released at some stage on bail if the Court of Appeal ruling is referred to the Supreme Court.

“But we as a family have complete confidence in the Appeal Court ruling as they spent an incredibly long time over their deliberations.

“This ruling has turned the whole case against my niece and brother-in-law on its head. In the trial, Molly was found not to be the aggressor and now it has been shown that Tom wasn’t an aggressor in this case by the appeal court.”

Mr Earnest said he did understand that if he had a “loved one who had died, I would want to believe anything if they died when they were not supposed to.

“But what I believe is not as important as what the judicial officials think.”

Mr Earnest said he did not know how long it would take for a retrial to be held but added it could take anything from up to six to 18 months before it would come before the courts.

He added that he has been able to visit his niece but not his brother-in-law. “Molly is doing as well as anyone would could knowing that she is innocent and did not carry out a crime she is convicted of.

“We have always had faith in the law and we are so thankful it has found in our family’s favour.”

A hour-long CBS documentary, aired last April in the US, on Mr Corbett’s killing entitled, In the Name of Jason, revealed that key evidence was allegedly not put before the jury which convicted them resulting in the potential for a new murder trial.

Ms Martens was Mr Corbett’s second wife and the couple met when the American woman worked as a nanny in his Co. Limerick home. Mr Corbett’s first wife Mags Fitzpatrick died of an asthma attack in 2006.

When Sarah was four-years-old she moved to America with her father Jason and brother Jack then six-years-old to begin a new life.

The Corbett family said they would not be commenting on the ruling at this time.