Chapter 15 - The plea that failed
Prosecutors offered Amanda a plea.
Dismiss felony child-endangerment charge?
No, maybe reduce.
Proposal:
Plead guilty to reckless child endangerment, felony but lower grade, plus misdemeanor confinement.
Sentencing recommendation:
Short jail.
Probation.
No contact except family court.
Amanda refused felony.
She wanted misdemeanors.
Why?
Career.
Professional background checks.
Future custody optics.
Her attorney believed trial could defeat felony by showing she did not know Tyler went outside.
Risk.
Then prosecutor’s strongest fact:
She intentionally disabled safety layers.
Not random forgetfulness.
Then defense strongest:
She created conditions for photography but believed children were inside and left only twenty minutes.
No intent to harm.
Could jury find recklessness beyond reasonable doubt?
Likely, but not certain.
Trial scheduled.
Then criminal case against me?
None.
Amanda kept pointing to my pool history.
That evidence could reduce her blame psychologically, but criminally the incident-day conduct stood.
Then divorce mediation.
House.
We finally agreed to sell.
Why?
Neither child wanted backyard.
The property was not worth making them live beside it.
Listing:
$795,000.
Offer:
$781,000.
Mortgage payoff and costs left about:
$398,000 net.
Division subject normal marital settlement.
No punitive reduction for Amanda’s crime unless specific dissipation.
Then my separate contribution.
Down payment came:
$70,000 from my premarital savings.
Amanda:
$50,000 from hers.
Remaining marital.
We negotiated credits rather than litigate every appreciation formula.
Then retirement.
Mine:
$244,000.
Hers:
$271,000.
Equalization.
No spousal support.
Then children’s therapy expenses.
Shared 52/48.
Then legal fees.
Each own, except Amanda agreed to pay an extra $12,000 toward child forensic/home-safety neutral costs caused directly by incident.
Not punitive attorney fee.
Settlement nearly done.
But parenting not final.
Then Claire saw Amanda at a distance in courthouse hallway.
She froze.
Amanda did not approach.
Good.
Later Claire told Dr. Parker:
“Mom looked small.”
“What did that feel like?”
“I liked it.”
Honest.
Then:
“I don’t want to like it.”
May you like
Trauma creates ugly feelings.
Children need permission for those too.
