Chapter 19 - Sentencing
Amanda’s sentencing happened seven weeks after conviction.
Presentence report included:
No criminal history.
Professional employment.
No substance misuse.
Long history of appropriate parenting before incident.
Serious risk created.
Two child victims.
Tyler’s near-drowning.
Claire’s confinement.
Acceptance of responsibility late.
Therapy progress.
Then prosecution requested:
Meaningful incarceration.
Defense requested:
Probation plus home confinement.
The judge spoke carefully.
“This court does not find that Ms. Dawson intended Tyler to enter the pool.”
Important.
“This court does find that she intentionally created a hazardous condition, intentionally disabled a warning device, intentionally confined another child, and left the property without restoring safety.”
Then sentence:
Thirty months incarceration.
Eighteen suspended.
Twelve months to serve, subject lawful credits and release rules.
Three years probation.
No unsupervised contact with children during custodial sentence/probation unless family court affirmatively authorizes after clinical review.
Parenting treatment.
No safety-sensitive supervisory employment during initial probation without disclosure.
Could be proportional.
Not decades.
Then misdemeanor sentences concurrent.
No dramatic stack.
Amanda was taken into custody after sentencing.
Tyler asked:
“Is Mom sleeping there?”
I said:
“She has to stay somewhere because of court.”
“Jail?”
“Yes.”
He cried.
Claire did not.
Then later she did alone.
Children can love and hate simultaneously.
Then appeal.
Amanda’s lawyer filed.
No need wait for resolution.
Conviction stood pending.
Then Kessler terminated her employment after sentencing due inability to perform role and safety-related conviction.
She lost job.
But not all finances.
She had:
House-sale share.
Retirement.
Savings.
Unemployment maybe not while incarcerated.
No poverty.
No revenge.
Then divorce property settlement finalized.
Amanda received her lawful half adjusted by credits.
No punitive forfeiture because conviction.
I received mine.
Children’s therapy costs.
No spousal support.
May you like
Marriage economically closed.
Parenting still needed final order.
