Sitting in a red leather booth at Bill’s Truck Stop in North Carolina, Brian Shipwash recalls Molly Martens having a “deranged entitlement” to the children of Jason Corbett.
The judge who presided over a transatlantic custody battle between Martens and Corbett’s Irish family said he feared for the safety of the Limerick businessman’s children, Jack and Sarah, from the first day of the guardianship proceedings over which he presided in August 2015.
Shipwash, now retired from his position as clerk of the Davidson County superior court, was presented with the case less than two weeks after Corbett was killed.
Within two days of killing her husband, Martens had lodged an emergency custody order on the grounds that she had been “mother” to the children for nearly seven years. She hadn’t adopted the children, but months prior to Corbett’s killing, a family lawyer told Martens she could apply for “third-party” custody and try to take Jack and Sarah from their father that way. She would have to prove domestic violence or that her husband abused alcohol or drugs.
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Over plates of deep-fried flounder, turnip greens and candied yams, Shipwash recalls his instant impression of Molly Martens at the custody hearing.
“The whole scenario [of how Corbett died] in my opinion still seems planned and arranged. We don’t know behind the scenes. Only two people living know really what happened. For me, with regards to my role, I only wanted to get the children the hell out of the United States, get them on Ireland’s soil and then let the courts system, let the justice system try to get them back,” he said.
“I was shocked that the DSS (the Department of Social Services, childcare division) placed the children in her custody, to be quite frank. I didn’t have a fear that she would hurt the children physically, but more so psychologically, I had a fear that she would hurt them. That was the reason why when I made the order to have the children taken from her, I put a gag order on the attorneys on both sides so they couldn’t tell their clients anything about my decision until the children were taken from Molly and in our custody,” said Mr Shipwash, who is now retired and working as an occasional private investigator.
“Recalling her demeanour in court, what I really remember most was and it was betrayed more through her angles of trying to get to the children. She had this deranged entitlement to the children. It was like, how could the courts not rule in her favour? There was this thing called murder out there that you are a potential suspect of. Neither she or Tom had been charged at the time of the guardianship. She made an emergency custody order. I knew she had no standing on that. And as far as my decision went, I gave great weight to the fact that Jason wanted [his sister] Tracey to raise Jack and Sarah if anything happened to him.
“For me as a judge, it was the case that I will remember for the rest of my life. It was one of the most important cases I had heard. Trying to decide between right or wrong, there was really no true other decision other than to place them as Jason had wanted through his will. He had made his testamentary wishes for Tracey to be named guardian if something were to happen to him.
“North Carolina law says you give testamentary wishes of the decedent strong weight. With that Jason spoke from the grave, if you will: ‘This is who I want to take care of my children.’
“Molly wanted to adopt. There is a reason why Jason didn’t let her adopt...I do believe he was waiting for the right time to return back to Ireland with the kids but that all got thwarted.
“She felt she had laid down enough baseline groundwork to show domestic violence and basically she could have her cake and eat it too. She was in the home that she wanted. There was life insurance involved. She had the kids that she wanted. Everything was good except for Jason.
“I personally think that [Martens’ father] Tom did not feel that Jason could fight as hard as he tried to fight to stay alive. There is an intent not just to get him ‘quote unquote’ ‘off of Molly’, I mean there was a clear intent to finish it.”
Thomas and Molly Martens beat Corbett to death with a baseball bat and a brick, striking him at least 12 times, crushing his skull.
“I feel for Sarah and Jack and what they are having to endure. I’ve never said this before, ever. Immediately after, the first time we got involved in the guardianship case, I met with Jack and Sarah in the judge’s chambers. I’m not going to lie to you. They’re saying ‘When can we go back to Molly?’ And, I’m already thinking there’s no way in hell that’s going to be happening. I felt sorry for those children because Molly was the only person that they felt they had a connection to...I knew the children were confused.”
Shipwash said: “It was the first time I had ever dealt with a guardianship hearing that involved a suspected murder.”
He adjourned the guardianship case on a Friday evening, telling the parties he would have a decision after the weekend. However, he reviewed everything over the weekend and on the Sunday made an emergency order. Two police officers and two social workers were dispatched to the home of Molly Martens’ brother Bobby where the children were staying. They found Molly Martens lazing in Bobby’s pool. She was told to pack a bag of clothes for each child and say goodbye.
“It really wasn’t a difficult decision because of Jason’s will but it was strategically how to get the children out of the situation that they were in. I remember the hearing was on a Friday, I took all the evidence and my research and took it home. I made out my order so that I could gag attorneys on both sides, so they could not tell Molly in advance that I had ordered the children taken off her. I was worried about what she might do if she found out.”
As Jack and Sarah were whisked away in a black SUV, they were crying and confused. Behind them on the driveway of Bobby’s house, Molly curled up into a ball and screamed over again.
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