Chapter 16 - The prosecution narrows the case
Three weeks before trial, prosecutors amended strategy.
They stopped trying to prove Michael intended serious physical injury.
Why?
Evidence did not support it strongly enough.
He pushed.
He likely intended force.
But bowel perforation was an unusual consequence.
The state focused on:
Intentional assault.
Knowing medical endangerment afterward.
That made the case cleaner.
Charges going to jury:
Felony child endangering based on knowing failure to obtain recommended emergency care after causing/knowing of injury.
Misdemeanor assault.
One higher assault count involving serious physical harm remained? Prosecutor dismissed it before trial to avoid overreach.
Michael’s defense celebrated.
Emily thought dismissal meant:
“They don’t believe me.”
I explained:
“They believe different parts can be proved at different levels.”
She hated legal precision.
Then surgeon Dr. Shah met prosecutor.
She would testify:
Injury serious.
Delay increased risk.
Monday event consistent.
No opinion on intent.
Dr. Mills:
Immediate ER recommendation.
Michael acknowledged.
Kevin:
Told Michael to go.
Jenna:
Contemporaneous text.
Dana Walsh:
Forensic interview procedures and limited account? Forensic interviewer may testify to interview process; child herself may testify. Emily at 15 likely can. Need decide.
Prosecutor wanted Emily to testify.
She said yes.
I wanted no.
It was not entirely my choice.
Victim advocate prepared her.
No coaching on answers.
Court allowed closed-circuit? At 15 and circumstances maybe she may testify in court; special accommodation requires findings. She chose in person with support person? Let's keep in-person with breaks.
Then defense wanted her therapy notes.
Court reviewed in camera and released only narrowly relevant material if required.
No fishing through entire trauma treatment.
Then Michael offered plea again.
This time:
Felony child endangering.
Misdemeanor assault.
Recommended six months jail with part suspended? Could be.
He still refused.
Why?
He wanted to tell jury the shove was reflexive and medical delay was bad judgment, not criminal.
His right.
Then family court paused final custody until verdict.
Temporary order remained.
Divorce property settled.
Marriage status? Court could finalize dissolution but reserve custody? Better not. Keep pending.
Then Michael found new employment offer contingent on case outcome:
Construction estimator.
$112,000.
Far less than previous $168,000.
Employer willing if no felony conviction.
That made plea decision harder.
Real-world pressure.
Not excuse.
Then Carol Bennett sent me a letter.
Not Emily.
I am trying to understand how Mike became this controlling.
I did not respond.
Then:
His father was like this.
I stopped.
Michael’s father died ten years earlier.
Did that explain?
Maybe.
Not central.
May you like
I refused to turn generational story into absolution.
The trial began Monday.
