Chapter 23 - THE CRIMINAL CASERichard eventually chose trial on the principal child-abuse charge and accepted a separate negotiated resolution on some lesser conduct.

The prosecution did not argue:
He deliberately shattered Tommy’s tibia.
They could not prove it.
They argued:
He used unreasonable physical force during the original incident.
He lied about the circumstances.
He later failed to obtain appropriate care after the medical cast was damaged.
He created an unsafe replacement that caused additional injury.
And he took steps to conceal information relevant to the family dispute.
The defense argued:
Panicked father.
Messy divorce.
Accidental fall.
Bad home medical judgment.
Manipulative mother.
Suggestible child.
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Some of those arguments deserved consideration.
That is what trials are for.
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