Chapter 13 - The pool expert
Prosecution hired a pool-safety expert.
Defense hired one too.
They agreed on more than I expected.
The black solar cover was not a safety cover.
It could create entrapment.
Leaving a ladder accessible increased entry risk.
Turning off alarm removed one protective layer.
An open back door increased access.
A functional fence/gate still existed around pool perimeter? Our pool was within fenced backyard but no separate internal pool fence. Legal code allowed? Depending jurisdiction. We had compliant perimeter fence. Good.
Could Tyler have climbed over if ladder removed?
Less likely.
Could alarm have guaranteed rescue?
No.
Alarm delay and adult absence still dangerous.
Could Tyler have drowned with alarm on?
Possible.
Could proper safety cover have prevented?
Likely, but we did not have one.
Then defense pointed to my history.
I had used solar cover for years.
I had occasionally left ladder.
Therefore pool was already dangerous.
The expert said:
“Risk existed before. The incident configuration increased it.”
Specific.
Then my attorney worried about comparative negligence in any civil claim.
I said:
“I don’t want money.”
“Tyler may have claims independent of you.”
Right.
Minor’s interests.
Guardian ad litem later would decide any settlement.
But we did not file civil suit yet.
Then homeowner insurer.
Would it cover Amanda’s intentional staging? Intentional acts exclusions complicated.
Would it cover negligent injury from pool? Maybe.
No reason to build whole insurance plot.
Preserve.
Then Claire’s therapy.
She asked Dr. Parker:
“Why did Mom pick the cage?”
Because it was there.
No better answer.
Then she asked me:
“Why was it still there?”
My fault entered.
“We never got rid of it after Max.”
“You said you would.”
“I know.”
“If it wasn’t there, she couldn’t have locked me in.”
I swallowed.
“That’s true.”
“So it’s your fault too.”
I wanted to defend myself.
Instead:
“I should have removed it. That was my responsibility.”
Claire stared.
“Did you make Mom put me in it?”
“No.”
“Did you make Tyler fall?”
“No.”
“Then what part is yours?”
“The things I should have fixed or removed before that day.”
She considered.
“Mom’s part is bigger.”
Children like fractions.
“Yes.”
Probably.
Then Tyler refused baths for a week because water over his face triggered panic.
We switched to shallow baths.
Then slowly normal.
No forcing him into swim therapy immediately.
Later, specialized water-safety therapist recommended gradual reintroduction.
Months away.
No rush.
Then Amanda’s first supervised in-person visit with Tyler.
Professional center.
No Claire.
Tyler ran to her.
That hurt me.
Then immediately asked:
“Why’d you leave?”
May you like
Amanda cried.
Because love does not protect adults from the right question.
