Chapter 14 - Diane goes to trial
Diane’s misdemeanor trial lasted two days.
No jury? Could be bench depending jurisdiction. Let's make bench trial to keep concise? Better a jury maybe. But simple misdemeanor can be bench or jury. Say jury.
The prosecution played the slap.
No need Lily testify.
She was two.
Video.
My statement.
Medical documentation.
Then defense.
Diane said:
Lily had been grabbing hot food.
The sausage pan was nearby.
She intended to prevent a burn.
Problem:
The sausage on table was already plated.
The hot pan sat several feet away.
Video showed Lily reaching toward plate.
Then:
“It was a reflex.”
Possible.
But Diane’s words:
“You need to be taught a lesson.”
Not safety.
Then earlier hand slap.
Admitted.
Then defense tried my kick to show:
Emma was the true aggressor.
Judge limited relevance.
The issue was whether Diane unlawfully struck Lily.
Still, jury saw full clip.
Then Diane testified.
“I love her.”
No one disputed.
“Did you believe physical discipline was acceptable?”
“Yes.”
“Did Emma?”
“No.”
“Did Mark?”
Diane hesitated.
“He never told me I could hit her.”
There.
Mark avoided being dragged into authorization.
Then verdict:
Guilty of misdemeanor assault/battery of a minor.
No additional child-endangerment count? Prosecutor had one count only by trial after narrowing. Good.
Sentencing later.
Diane left courthouse furious.
She told a relative:
“Emma turned my son against me.”
But Mark had testified for prosecution? Not exactly. He authenticated texts and admitted no authorization. That felt like betrayal to Diane.
Then Mark stopped taking her calls for a week.
Not because I asked.
He told Dr. Monroe:
“I’m realizing I’ve spent my entire marriage avoiding my mother’s anger.”
Pattern.
Then his parenting improved.
No unauthorized caregivers.
Daycare pickups on time.
He shared meals/nap notes.
Lily came back happy.
Then one mistake.
He let his friend Sean watch Lily for forty minutes while he picked up a prescription.
He notified me after, not before.
Temporary order required notice before nonparent care over thirty minutes.
Violation.
I filed? Almost.
Lauren asked:
“Was Sean approved background concern?”
No.
“Was Lily unsafe?”
No.
“Did Mark disclose voluntarily?”
Yes.
“Then use parenting app.”
I wrote:
Order requires notice before. Please follow it.
Mark:
You’re right. I’m sorry.
No motion.
That was growth on my side too.
Then house sold.
Price:
$606,000.
Mortgage payoff.
Closing costs.
Net marital proceeds:
About $292,000.
Held temporarily in attorney escrow until division.
No one took all.
Then retirement.
Equalization straightforward.
Main dispute:
Whether some of Mark’s secret support to Diane should reduce his share.
Amount contested:
$9,000.
My position:
Unauthorized dissipation.
His:
Ordinary family support during intact marriage.
Mediator said:
“You will spend more than nine thousand fighting over nine thousand.”
True.
We compromised:
$3,500 credit to me.
Not moral valuation.
Settlement.
Then remaining property agreement almost done.
May you like
But custody still not final.
And Mark had one more version of the nanny story to explain.
