Chapter 14 - Judith’s defense
Judith did not deny the slap by trial.
She denied criminal intent.
Her attorney argued:
She used “a corrective tap” after Sadie repeatedly grabbed at hot serving dishes.
Video disproved part.
Sadie had knocked over a spoon.
Not hot dish.
Then Judith said:
“She was reaching.”
Frame by frame:
Sadie’s hand near spoon.
Not danger.
Then phrase:
“You useless piece of trash, this girl has defective genetics!”
Audio clear.
Defense called it:
“An appalling statement made in anger.”
Correct.
Not a legal defense.
Then prior arm-grab incident.
Could prosecutor introduce?
Limited.
Relevant to child-endangering pattern maybe, but risk of unfair propensity use.
Judge allowed narrow testimony about Noah’s prior safety warning and Judith’s knowledge she had been told not to physically discipline Sadie.
Jenna testified.
No dramatic medical injury from prior arm mark.
Then Kendra.
She testified Judith grabbed Sadie’s wrist before party.
No injury.
Noah warned:
“No touching Sadie.”
That made birthday slap more knowing.
Then me.
I testified only to Judith’s conduct.
Defense cross:
“You slapped your husband immediately after?”
“Yes.”
“Then shoved Judith?”
“Yes.”
“You were out of control.”
“I was angry and I used physical force I should not have used.”
That answer took away their favorite fight.
Then:
“Isn’t it true you hated Judith before this?”
“I distrusted her.”
“Did you want her excluded from Sadie’s life?”
“After prior conflicts, sometimes yes.”
“Did you allow contact anyway?”
“Yes.”
Why?
“Because Noah told me he had handled the prior incident.”
There.
Then verdict.
Judith waived jury? Could have bench trial. Let's say negotiated plea before verdict after damaging first day? Better realistic. She accepts plea to misdemeanor assault + child endangering. Could be no need trial. But active conflict maybe sentencing later. Let's do mid-trial plea after court rulings.
Judith pleaded guilty to:
Misdemeanor assault.
One child-endangering count.
No severe-injury enhancement.
The state dismissed an overlapping count.
Factual basis:
She intentionally struck Sadie.
She had no reasonable disciplinary justification under circumstances.
She had previously been warned not to physically discipline the child.
Sentencing later after presentence.
No “defective genetics” charge.
Words matter morally, not separate crime.
Then Judith requested permission to apologize to Sadie.
The family court said no direct contact.
She could write a letter to be held, not given to child unless therapist/parents later agreed.
Good.
Then Noah asked me:
“Would you ever let Mom see Sadie again?”
I answered:
“I don’t know.”
He looked relieved.
Not because he expected yes.
Because I did not say never.
That annoyed me.
Then:
“You don’t get to treat my uncertainty as progress for you.”
He nodded.
May you like
“Okay.”
Better.
