JK COMMENTARY on Com. v. Charles Martin
Thurs. 6/17/21 Jury Recommended Martin’s Sentence
The Charles ‘Kit’ Martin jury recommended life sentence without possibility of probation or parole, meaning he will die in prison.
Martin’s trial lawyer, Tom Griffiths (Public Advocacy – a court appointed welfare lawyer) says they will appeal the case based on failure to require testimony from two witnesses who were granted Fifth Amendment exclusion from testifying; and, problems with introducing a shell casing and military ID tag that were allegedly introduced into the crime scene months after the police investigation closed.
The judge may have violated the Sixth Amendment right to confront witnesses by excluding two witnesses based on their claim to Fifth Amendment right to not incriminate themselves.
The two witnesses (Joan Harmon and her boyfriend Mr. Stokes) were critical because defense counsel blames the murders on them.
Defense was prepared to examine her regarding terrorizing the defendant, inciting his court marshal, and other proof of her alleged involvement in the triple murders.
The shell casing was found by the sister of one victim five months after police closed the case investigation. She did not pass a polygraph regarding her finding the shell casing.
CourtTV pointed out that a shell casing left outside that long should have looked obviously worn and corroded; but, the one in question is shinny and new looking, indicating it was likely planted there.
Wed. 6/16/21 Martin Guilty on All Counts
Former American Airlines Pilot, Christian ‘Kit’ Martin, already disgraced by a 90 day jail sentence in his court marshal in Fort Campbell, can now add convicted mass murderer to his biography.
Now, Martin has been convicted of murdering Pamela Phillips, Calvin ‘Cal’ Phillips, and Ed Dansereau in 2015 in Pembroke, Kentucky. His trial was conducted in Elizabethtown, Ky.
Police arrested Martin off an American Airlines flight, right out of the pilot seat before takeoff, years after the murders. He was already a man under siege, facing court marshal in Fort Campbell.
Surprising all CourtTV experts, an Elizabethtown, Ky., jury convicted Christian ‘Kit’ Martin of all charges, including three counts of capital murder, burglary, arson; and, intent to commit such crimes.
All CourtTV experts agree that Martin’s defense raised clear and convincing REASONABLE DOUBT, the Constitutional standard for acquittal of criminal charges in every jurisdiction of the USA.
There was no DNA nor blood nor cell phone data, nor other forensic evidence tying Martin to the crime scene.
Circumstantial evidence included the facts that:
A) the victims allegedly told friends if something happened to them then Martin did it;
B) Martin lived across the street from the Phillips’ house; and,
C) a family member of the victim claimed she discovered a shell casing as well as Martin’s military dog tag ID at the crime scene months after police finished the official investigation.
CourtTV experts found the family member’s claim to be incredible because police had combed the crime scene and did not find those items; months later, they turn up for a family member? That’s reasonable doubt.
JK OBSERVATIONS: The clear message from this trial is that most jury members do not understand what reasonable doubt is.
Part of the problem is that in Kentucky, attorneys are not allowed to submit a definition of reasonable doubt in the jury instructions. – End JK Observation, Commentary continued:
However, Vinnie Politan, CourtTV anchor, and other experts also believed that while reasonable doubt was proven by the defense, the defendant Christian Martin was arrogant and unlikeable when he testified in his own defense.
One expert said it was a huge mistake for Martin to testify; Politan reminded us that the decision to testify was Martin’s; and, this mistake cannot be blammed on his defense attorneys.
The jury will decide the recommended punishment for conviction of ten charges including three capital murders.
PRIOR COURT PROCEEDINGS (reverse chronological order):
Tues. 6/15/21
Christian Martin testified in his triple murder trial today.
“You know you’re on trial for murder?” asked Martin’s defense attorney.
Martin: Yes sir, I’ve been in jail for 768 days and 5 hours.
Asked about his military dog tags which were found on a bookshelf in the victims’ house, Martin responded that he did not leave them there.
CourtTV Anchor, Vinnie Politan, said Martin’s testimony “… rubbed me the wrong way.”
He did not see a car come at 6 nor 7 p.m., to the Phillips’ house on the day of the murders.
Martin said he was with his girlfriend, they were hanging out celebrating their anniversary; later he added they showered, watched some TV. He got home at 3 – 3:30 p.m., and there is no record of him leaving the house through the front door.
The door was nailed shut and barred by a security door stop on the door knob anchored to the floor. His cell phone records do not show changes in his location at the time of the murder.
*** JK Observation: Since the murder victims were across the street, cell phone towers would not have pinged a location change even if Martin had left his house. This point was not made by anyone on CourtTV; but, it could become a major consideration for the jury. *** End, JK Observation
Martin was convicted of lesser charges on his military court marshal, spent 90 days in jail for it; and, lost all of his military benefits.
Victim, Cal Phillips, allegedly caused Martin to be court marshaled; however, Martin himself testified that it was a Captain, not Cal Phillips who was the informant on the court marshal. If true, this negates the prosecution motive theory for Martin to be the perpetrator of the triple murders.
It was also pointed out by CourtTV’s Julia Jenae that Martin had already lost the court marshal and done jail time before the murders, so there was no motive to murder Cal Phillips to prevent him from testifying at the court marshal. This makes the prosecution hypothesis of Martin’s alleged motive incredible – that means UNBELIEVABLE.
Mon. 6/14/21
JK’s COMMENTARY on CourtTV reports that:
Last Thursday (6/10/21) the prosecution rested and now the defense opens, presenting its view of the case.
Charles Martin’s defense is that Joan Harmon killed the defendants and her motive was to get even with him for demanding a divorce.
Martin’s daughter, MacKenzie Bennett, testified that on the night her father told her mother he wanted a divorce from her, Joan threatened to discredit Charles and quote “If you leave me I will ruin your life and military career, I know how to do it, I’ll claim you abused me.”
“My dad and I left the house that night and were advised we could not be there; and, we were out for three weeks until a hearing in Hopkinsville in which the judge sided with my dad.” When we got back home, the heirlooms and other stuff were gone.
Martin is accused of murdering three friends in Pembroke, Ky., one was going to be a witness in his court marshal at Fort Campbell.
In a jailhouse interview, Martin himself had earlier told a WSM-TV Channel 4 (Nashville, TN) reporter that Joan Harmon said “I will ruin you I will ruin your career and believe me I know how to do it.”
Nashville is the primary television source for the Hopkinsville-Fort Campbell-Pembroke area in Kentucky. Charles Martin’s daughter affirmed his story in her testimony, recounted above.
Joan Harmon was prosecuted for bigamy because she married Martin while still married to another man. The bigamy prosecutor was called to the stand to verify Harmon’s conviction.
Martin stated he wanted a divorce, tires were being slashed, dead animal left in mailbox.
Joan Harmon came into work after the murders and was excited.
Vinnie Politan asked could this woman commit triple murder just to get even with her husband?
Attorney Kirk Nurim, who represented Jodi Arias (convicted murderer) said yes it it plausible.
Maureen LaRock, neighbor, testified that Pam called her about 5:30 p.m., told her about Jerry Lee, asked if she saw Cal; I responded yes he went to the front door but did not go in, he went to the back. So the caller said she put the phone down to go around back and then LaRock heard a blood-curdling scream.
Later, Joan was in possession of victim Pam Phillips’ phone a couple months after the murder; but, claims she found it in her yard. Someone must have left it there. Joan Harmon’s phone records proves she was out and about on the night of the murders.
Cell phone data shows that Martin was at home, not out dumping bodies.
Other defense witnesses attempted to taint Joan Harmon’s reputation, eg., one claiming she had a glock in the back of her waistband and “was the boss” of her relationship with Martin. It’s hard to understand the impact this may have had on the jury.
Vinnie Politan’s experts all agree the defense is in a strong position to get acquittal; and, the jury is actively engaged in this riveting testimony.
