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Father, daughter accused of killing Jason Corbett seek to have retrial moved to Forsyth County

Molly Corbett and her father Tom Martens were convicted of killing Jason Corbett 2015. Their sentences were overturned in 2021 and are now preparing for a retrial.

WINSTON-SALEM, N.C. — Attorneys for a father and daughter accused of murder are fighting to move their re-trial out of Davidson County. 

Tom Martens and Molly Corbett were convicted of the 2015 murder of Jason Corbett. 

According to Corbett's attorney, the motion to relocate comes down to finding the fairest and most impartial jurors for this retrial. 

Saying those who live in Davidson County would have a prejudice against the defendants, Tom Martens and Molly Corbett.  

The two are accused of beating Molly's husband, Jason Corbett to death with a brick paver and baseball bat. 

Both were convicted in 2017 and sentenced to 25 years in prison.

The state supreme court overturned their convictions in 2021.

The two were released on bond in March of last year.   

On Friday, the defense laid out why the trial should be moved to Forsyth County. 

Martens' attorney says social media and media coverage will sway jurors' ability to only consider evidence presented at the retrial. 

Corbett's attorney said a trial in Davidson County would create a "circus atmosphere."

The state disagrees. 

Assistant District Attorney Alan Martin shared affidavits from long-time defense attorneys who claim a fair re-trial in Davidson County, was possible. 

Credit: WFMY

The family of Jason Corbett flew from Ireland to be in the courtroom. 

They were not able to interview with a gag order in place. 

Jason's Daughter Sarah, from a previous marriage, is now 16 and told us they were just here for her dad. 

"She's a really brave and talented little girl. I really felt sorry for her today to listen to them talk about the defendant's constitutional rights. I know she's sitting there thinking about, what about my dad? What about his rights?" said Theresa Hawn, a friend of the Corbett family.

Credit: WFMY

Jury selection is expected to begin on June 26.

That trial is expected to last up to eight weeks.

There are also other options that could help to bring in a larger pool of impartial jurors. 

Including, selecting jurors from another county but still holding the trial in Davidson County.

Judge Hall also mentioned the possibility of having potential jurors fill out a questionnaire asking if they have any past knowledge of the case, their home address, and their place of employment.

Judge Hall promised a decision as soon as possible with the trial date quickly approaching.

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