Relationships Dating
Jury selection is scheduled to resume on Monday. Opening arguments of the trial are expected to b... The Corbin trial: Is there
Jury selection is scheduled to resume on Monday. Opening arguments of the trial are expected to begin about two weeks later. The court has ruled that evidence from the Dolly Hearn case may be used in the Corbin trial.
In 1990, Corbin was a 26-year-old dental student at the Medical College of Georgia who was dating Hearn, a striking brunette who dreamed of being a dentist like her father. In 2004, Corbin was a practicing dentist in Gwinnett County who was married to Jennifer, a tall blonde and the mother of his two sons.
Monday in Gwinnett County, jury selection resumes in Corbin's trial on the charge that he murdered his wife. Key to the prosecution's case will be the similarities between her death and that of Dolly Hearn. Both women's relationships with Corbin were crumbling at the time of their deaths. Both women's fathers told police they should consider Corbin a suspect. Neither woman left a suicide note.
Hearn's case lay unsolved and dormant until Jennifer Corbin died. Police in Augusta reopened their investigation and, 14 years after Hearn's death, charged Corbin, now 42, with her murder.
Corbin says he killed no one. His attorneys say both women committed suicide, and the cases are not at all similar. "Coincidence is not evidence," one of Corbin's attorneys said.
Many details of the Corbin case already have been reported — so much so that Corbin's attorney, Bruce Harvey, has cited the persistent media coverage for a recent request to move the trial out of Gwinnett County. He said he hopes to know within the first couple of days of questioning potential jurors whether it will be possible to seat an impartial jury in Gwinnett County.
• A jailhouse snitch reported that Corbin admitted killing both women while he and Corbin were being held last year in the Richmond County Jail. Harvey calls such a witness "inherently unbelievable." District Attorney Danny Porter says he hasn't decided yet whether he'll put the man, or another prisoner who said he had information about Corbin, on the stand.
• A neighbor of Hearn's said he saw Corbin and his car, a silver Monte Carlo, at Hearn's apartment complex on the day, and near the time, of her death. A woman also said she saw the car and a man in Hearn's apartment the day she died. Similarly, a neighbor placed Corbin at his Buford home Dec. 4, 2004, around the time authorities believe Jennifer died there. Authorities say he spent some of the night at a bar and at a brother's house, but the neighbor said he saw Corbin come home around 2 a.m., stay 20 minutes and leave.
• The prosecution will argue that cellphone records also place Corbin in the vicinity of his Buford home around the time authorities believe his wife died. Although prosecutors say Corbin claimed to be at his brother's house when he made a cellphone call to a marriage counselor, they will present evidence to show the call was transmitted through a cell tower that served the area where he lived, not the area where his brother lived.
• The prosecution will use forensic evidence to argue that the bodies were repositioned to look like suicides. It could include an updated analysis of blood spatter evidence photographed at the scene of Hearn's death.
The case has all the elements of a made-for-TV movie: handsome doctor, two attractive women, Internet sex and violence. From the beginning it has drawn the interest of national television shows, including "On the Record with Greta Van Susteren," "Nancy Grace," and "48 Hours." Expected in the courtroom during the trial are "Court TV" and bestselling true crime writer Ann Rule, who plans to write a book about the case entitled "Too Late to Say Good-Bye."
Porter, the prosecutor and a karate enthusiast, relishes the fight. "I didn't get into this to be a bean counter," he said recently. "I like being in court."
Harvey, who with David Wolfe is defending Corbin, is well-known for his trademark ponytail and courtroom antics, including the simulated striptease he performed from a tabletop while defending a stripper.
The defense has hired a jury consultant, Denise de La Rue, who has worked on several high-profile cases, including those of Unabomber Ted Kaczynski, child murderer Susan Smith, and football star Ray Lewis.
Porter said he anticipates calling "in excess of 50 witnesses." He would not say exactly how he plans to present the case. But he said the most likely way would be to present the facts of Jennifer's case, followed by the facts of Hearn's.
The prosecution won an early victory in getting the court to agree to allow evidence of both deaths into trial. The defense had fought hard to keep the "similar transaction evidence" involving Hearn's death out of the trial involving Jennifer's. They argued it was prejudicial and would force them to try two cases at once. But they lost that battle in March when Gwinnett Superior Court Judge Michael C. Clark ruled the jury would hear details of both deaths.
Despite that disadvantage, the defense will roll out its evidence, experts and witnesses as well — "a minimum of 10 to 20," Harvey said. Central to the defense is the intimate Internet relationship Jennifer was having with a St. Joseph, Mo., woman.
Dozens of sexually explicit e-mails show that Jennifer began the relationship with a person she believed was a man named "Christopher." In November 2004, she discovered that her online lover was instead a woman named Anita Hearn, unrelated to Dolly Hearn.
The Missouri woman could be one of the trial's most riveting witnesses given the salacious e-mails the women exchanged, including one in which she encouraged Jennifer to use a gun during a sex act. In addition, telephone records show the two had a long phone conversation the night Jennifer died, making Anita Hearn one of the last to talk to her.
Harvey, who refused to comment about specifics of the case so close to trial, has said previously that the secret relationship — and Corbin's discovery of it — was a motive for Jennifer to take her own life. In a pretrial court hearing earlier this year, Harvey argued that Jennifer's e-mails to the woman showed that Corbin had found out about the affair. It was Corbin — not Jennifer — who then filed for divorce and custody of the couple's two sons, Dalton and Dillon, now 9 and 7.
"She had a failed marriage," Harvey said at the March hearing. "He was going to expose her relationship with a woman. And he was probably going to get custody of the kids."
But the state likely will cast the Internet relationship in a different light: The Corbins' marriage had been deteriorating for months, Jennifer was trying to get out, and Corbin himself was engaged in a longstanding affair. One of Jennifer's e-mails says her husband struck her after he learned of her relationship with Anita Hearn.
The fact that Dolly Hearn's death was officially treated as a suicide for so many years also could help Corbin. So could a forensic pathologist's finding shortly after her death.
Convinced their daughter had not killed herself, Barbara and Carlton Hearn hired Dr. Joseph Burton to make an independent review of the case. In March 1991, after reviewing autopsy reports and crime scene photos, Burton said the evidence showed that Hearn's death was consistent with "an intentional self-inflicted gunshot wound." Burton, the former medical examiner for five metro Atlanta counties, has since said any pathologist would have reached the same conclusion.
But in light of Jennifer's death, a re-examination of the evidence could lead to a different finding, Burton said. In particular, a new blood spatter analysis of old photographs suggested Hearn's body had been repositioned and was the grounds cited for reopening the case as a homicide.
The prosecution has two witnesses who can put Corbin at the scene of Hearn's apartment around the time authorities believe she died. Corbin initially told investigators in a taped interview that the last time he had seen her was the day before her death. He later admitted in a second taped interview that he was at her apartment the day she died. He said he had lied because he was afraid of Hearn's father.
Corbin said the elder Hearn had threatened him after his daughter accused Corbin of a series of incidents. Months before she died, Dolly Hearn filed several police reports and told authorities at the Medical College of Georgia that she suspected Corbin of breaking into her apartment, stealing her school equipment and files, letting the air out of her car tires and taking her gas cap and mail. She said he had put hairspray in her contact lens solution to irritate her eyes, kidnapped her cat, and admitted to her that he had done both.
Hearn's father bought her a gun, the same gun that eventually killed her. But Corbin's statements to police about his whereabouts the day of Hearn's death may never be heard by the jury. Although transcripts of both interviews are on file, Harvey said the tape of the first interview has disappeared. "The judge is going to have to have a hearing on them and determine their admissibility," Harvey said of the transcripts.
Another legal battle could revolve around one of the Corbin children. Kelly Comeau, a neighbor of the Corbins, told authorities that the morning Corbin's son Dalton found his mother's body, he ran to her house sobbing, "My daddy shot my mom!"
But unless the child is put on the stand — something neither side wants — the defense will argue the testimony should not be heard. The judge could make an exception under res gestae, a Latin term that means "excited utterances," and allow Comeau to testify about what the child told her. But the defense would argue strenuously that the Constitution protects the right of the accused to confront witnesses against him, even if the witness is his own son.
Porter said the prosecution's case "is not an eyewitness, smoking-gun kind of case." But it's not strictly dependent on circumstantial evidence. "There is direct evidence in it," Porter said. Ultimately, though, "it's a case that has to be built on a number of facts."
University of Georgia law professor Ron Carlson said he is not surprised that Corbin's case has generated a large media following. "There is a possibility that this trial will solve a crime that has been a mystery for more than 15 years," Carlson said. "The public has a big appetite for old unsolved crime mysteries."
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