The court did everything possible to make Emily\u2019s testimony less frightening.<\/p>\n
Nothing could make it ordinary.<\/p>\n
She was eight.<\/p>\n
The courtroom was large.<\/p>\n
Thomas sat within it.<\/p>\n
That alone changed the air.<\/p>\n
The judge approved accommodations permitted by law.<\/p>\n
Emily entered through a side corridor so she would not pass directly beside the gallery.<\/p>\n
Jennifer accompanied her as far as the waiting area.<\/p>\n
Naomi remained nearby.<\/p>\n
Bunny was allowed in Emily\u2019s bag.<\/p>\n
Not visible during testimony unless she needed him during a break.<\/p>\n
Emily touched the zipper repeatedly.<\/p>\n
Jennifer crouched.<\/p>\n
\u201cYou remember what your job is?\u201d<\/p>\n
Emily nodded.<\/p>\n
\u201cTell the truth.\u201d<\/p>\n
\u201cAnd if you don\u2019t know?\u201d<\/p>\n
\u201cI say I don\u2019t know.\u201d<\/p>\n
\u201cIf you don\u2019t understand?\u201d<\/p>\n
\u201cI say I don\u2019t understand.\u201d<\/p>\n
Jennifer nodded.<\/p>\n
Emily looked toward the closed courtroom door.<\/p>\n
\u201cWhat if he looks at me?\u201d<\/p>\n
\u201cYou can look somewhere else.\u201d<\/p>\n
Emily swallowed.<\/p>\n
\u201cI want to look at him once.\u201d<\/p>\n
Jennifer\u2019s expression changed.<\/p>\n
\u201cYou don\u2019t have to.\u201d<\/p>\n
\u201cI know.\u201d<\/p>\n
That mattered.<\/p>\n
No one argued.<\/p>\n
At 10:07 a.m., Emily entered the courtroom.<\/p>\n
Thomas turned.<\/p>\n
Emily saw him.<\/p>\n
She stopped for less than a second.<\/p>\n
Then kept walking.<\/p>\n
Sarah watched carefully.<\/p>\n
The child looked smaller than she had during the recorded interviews.<\/p>\n
Courtrooms did that.<\/p>\n
They made adults seem powerful and children seem impossibly young.<\/p>\n
Emily climbed into the witness chair.<\/p>\n
The judge greeted her by name.<\/p>\n
Asked whether she understood the difference between truth and lies.<\/p>\n
Emily answered.<\/p>\n
The prosecutor began with safe ground.<\/p>\n
School.<\/p>\n
Age.<\/p>\n
Jennifer\u2019s house.<\/p>\n
Bunny.<\/p>\n
Emily glanced at her bag.<\/p>\n
\u201cHe\u2019s in there.\u201d<\/p>\n
A few jurors smiled.<\/p>\n
Then the prosecutor asked about the 911 call.<\/p>\n
\u201cWhy did you call?\u201d<\/p>\n
Emily\u2019s hands tightened in her lap.<\/p>\n
\u201cBecause I was scared.\u201d<\/p>\n
\u201cOf what?\u201d<\/p>\n
Emily looked down.<\/p>\n
\u201cDaddy.\u201d<\/p>\n
Thomas remained still.<\/p>\n
The prosecutor moved slowly.<\/p>\n
\u201cDid someone tell you to call?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cDid Aunt Jennifer?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cDid a police officer?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cDid Claire?\u201d<\/p>\n
\u201cNo. She answered.\u201d<\/p>\n
\u201cWhat did you tell Claire?\u201d<\/p>\n
Emily\u2019s face changed.<\/p>\n
The prosecutor stopped.<\/p>\n
\u201cYou can take your time.\u201d<\/p>\n
Emily breathed.<\/p>\n
\u201cI told her about the snake.\u201d<\/p>\n
\u201cWhat did that word mean to you?\u201d<\/p>\n
The judge had previously limited unnecessary explicit detail.<\/p>\n
Emily answered within that boundary.<\/p>\n
\u201cIt was the secret word Daddy made me use for the bad thing.\u201d<\/p>\n
\u201cWhy did you use a secret word?\u201d<\/p>\n
\u201cBecause he said I wasn\u2019t supposed to say the real thing.\u201d<\/p>\n
\u201cWhy not?\u201d<\/p>\n
\u201cHe said people would think I was bad.\u201d<\/p>\n
The prosecutor did not push further.<\/p>\n
The abuse charges would have other evidence and the recorded forensic interview.<\/p>\n
This testimony had another purpose too.<\/p>\n
Thomas\u2019s manipulation of her memory.<\/p>\n
\u201cDid your father ever tell you that you remembered things wrong?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cWhen?\u201d<\/p>\n
\u201cA lot.\u201d<\/p>\n
\u201cAbout what?\u201d<\/p>\n
\u201cMommy.\u201d<\/p>\n
Jennifer lowered her eyes.<\/p>\n
The prosecutor asked about the last night Emily saw Laura.<\/p>\n
\u201cWhat do you remember your mom saying?\u201d<\/p>\n
\u201cThat we were going somewhere.\u201d<\/p>\n
\u201cDid she say she was leaving without you?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cDid she tell you she didn\u2019t want you?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cWhat did she say?\u201d<\/p>\n
\u201cShe told me to get Bunny.\u201d<\/p>\n
The prosecutor paused.<\/p>\n
\u201cThen what happened?\u201d<\/p>\n
Emily\u2019s eyes moved toward Thomas.<\/p>\n
For the one look she had planned.<\/p>\n
Thomas met it.<\/p>\n
No gesture.<\/p>\n
No expression anyone could call dramatic.<\/p>\n
Still, Emily\u2019s shoulders tightened.<\/p>\n
She turned back to the prosecutor.<\/p>\n
\u201cThey yelled.\u201d<\/p>\n
\u201cWhat did you do?\u201d<\/p>\n
\u201cWent upstairs.\u201d<\/p>\n
\u201cThen?\u201d<\/p>\n
\u201cI heard a bang.\u201d<\/p>\n
\u201cDid you see what caused it?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cDid you hear anything else?\u201d<\/p>\n
\u201cMommy screamed.\u201d<\/p>\n
Jennifer covered her mouth.<\/p>\n
The prosecutor waited.<\/p>\n
\u201cDid you go into the hallway?\u201d<\/p>\n
\u201cA little.\u201d<\/p>\n
\u201cWhat did you see?\u201d<\/p>\n
\u201cDaddy.\u201d<\/p>\n
\u201cDid you see your mom?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cDid you see anything in your dad\u2019s hands?\u201d<\/p>\n
Emily shook her head.<\/p>\n
\u201cI don\u2019t remember.\u201d<\/p>\n
Sarah felt the answer strengthen her credibility.<\/p>\n
Emily did not fill gaps.<\/p>\n
The prosecutor continued.<\/p>\n
\u201cWhat did your father say?\u201d<\/p>\n
\u201cGo back in my room.\u201d<\/p>\n
\u201cAnd you did?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cWhat happened later?\u201d<\/p>\n
\u201cHe said Mommy left.\u201d<\/p>\n
\u201cDid you see anything outside?\u201d<\/p>\n
Emily looked at the bag containing Bunny.<\/p>\n
The judge asked whether she needed a break.<\/p>\n
Emily shook her head.<\/p>\n
\u201cNo.\u201d<\/p>\n
The prosecutor said, \u201cTake your time.\u201d<\/p>\n
Emily continued.<\/p>\n
\u201cI looked out the window.\u201d<\/p>\n
\u201cWhat did you see?\u201d<\/p>\n
\u201cDaddy and Uncle Mike.\u201d<\/p>\n
\u201cWho is Uncle Mike?\u201d<\/p>\n
\u201cDaddy\u2019s friend.\u201d<\/p>\n
\u201cWhat else?\u201d<\/p>\n
\u201cMommy\u2019s car.\u201d<\/p>\n
\u201cWho was with the car?\u201d<\/p>\n
\u201cDaddy.\u201d<\/p>\n
\u201cDid you see anything near the car?\u201d<\/p>\n
\u201cThe blue bag.\u201d<\/p>\n
\u201cAnything else?\u201d<\/p>\n
Emily\u2019s voice dropped.<\/p>\n
\u201cSomething in a blanket.\u201d<\/p>\n
\u201cCould you tell what it was?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cDid anyone tell you later what it was?\u201d<\/p>\n
The defense objected.<\/p>\n
Sustained.<\/p>\n
The prosecutor moved on.<\/p>\n
\u201cDid your father see you at the window?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cWhat did he do?\u201d<\/p>\n
\u201cPointed.\u201d<\/p>\n
\u201cWhat did you do?\u201d<\/p>\n
\u201cGot down.\u201d<\/p>\n
The jury had already heard Michael describe the same moment independently.<\/p>\n
Now it existed from the other side of the glass.<\/p>\n
The prosecutor asked about the next morning.<\/p>\n
\u201cWhat did your father tell you?\u201d<\/p>\n
\u201cThat I dreamed it.\u201d<\/p>\n
\u201cWhat things did he say were a dream?\u201d<\/p>\n
\u201cThe yelling. Uncle Mike. Mommy\u2019s car.\u201d<\/p>\n
\u201cDid he tell you what to say if people asked?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cWhat?\u201d<\/p>\n
\u201cThat Mommy moved away.\u201d<\/p>\n
\u201cAnything else?\u201d<\/p>\n
\u201cThat I was asleep.\u201d<\/p>\n
The prosecutor stopped.<\/p>\n
Sarah looked at the jury.<\/p>\n
Several were writing.<\/p>\n
One was watching Thomas.<\/p>\n
The phrase had completed its journey.<\/p>\n
Old welfare check.<\/p>\n
First responders.<\/p>\n
Michael.<\/p>\n
Therapy disclosure.<\/p>\n
Now Emily herself.<\/p>\n
I was asleep.<\/p>\n
Thomas\u2019s protective sentence.<\/p>\n
The prosecutor asked:<\/p>\n
\u201cWere you asleep?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
No emphasis.<\/p>\n
No speech.<\/p>\n
Just the child who had been there.<\/p>\n
Cross-examination began after a break.<\/p>\n
Jennifer was not allowed to speak with Emily about testimony during it.<\/p>\n
They sat together in the waiting area.<\/p>\n
Emily unzipped the bag.<\/p>\n
Bunny came out.<\/p>\n
She pressed him against her chest.<\/p>\n
\u201cHow am I doing?\u201d<\/p>\n
Jennifer wanted to say perfect.<\/p>\n
Naomi had warned against performance language.<\/p>\n
Jennifer answered differently.<\/p>\n
\u201cYou\u2019re answering the questions.\u201d<\/p>\n
Emily nodded.<\/p>\n
\u201cDaddy looked old.\u201d<\/p>\n
Jennifer did not respond to that.<\/p>\n
\u201cHe looked at me.\u201d<\/p>\n
\u201cYou looked where you wanted.\u201d<\/p>\n
Emily touched Bunny\u2019s bent ear.<\/p>\n
\u201cI thought I\u2019d be more scared.\u201d<\/p>\n
\u201cAre you scared?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
Jennifer almost smiled.<\/p>\n
\u201cBoth can be true.\u201d<\/p>\n
Emily understood.<\/p>\n
Then the bailiff returned.<\/p>\n
The defense attorney approached Emily gently.<\/p>\n
That was deliberate.<\/p>\n
A harsh cross-examination of an eight-year-old could damage the defense more than help it.<\/p>\n
\u201cEmily, you\u2019ve talked to a lot of adults about these things, right?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cPolice?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cDoctors?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cAunt Jennifer?\u201d<\/p>\n
Emily thought.<\/p>\n
\u201cSometimes.\u201d<\/p>\n
\u201cTherapists?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cYou\u2019ve heard adults talk about your dad?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cAbout your mom?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cSo there are things you know now that you didn\u2019t know when you were five.\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
Good question.<\/p>\n
Fair question.<\/p>\n
The attorney continued.<\/p>\n
\u201cWhen you were five, you did not know your mother was dead.\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cYou thought she left.\u201d<\/p>\n
\u201cDaddy said she did.\u201d<\/p>\n
\u201cBut you believed that sometimes.\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cYou also said before that you didn\u2019t know what the wrapped thing outside was.\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cYou still don\u2019t know what it was from seeing it.\u201d<\/p>\n
Emily shook her head.<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cYou never saw your father hit your mother.\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cYou never saw him carry your mother outside.\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cYou never saw him bury her.\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
All true.<\/p>\n
The defense needed the jury to remember the limits of Emily\u2019s testimony.<\/p>\n
Then the attorney turned toward memory.<\/p>\n
\u201cYou said at first that you heard something break.\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cLater you called it a bang.\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cSo your words changed.\u201d<\/p>\n
Emily frowned.<\/p>\n
\u201cI didn\u2019t know what it was.\u201d<\/p>\n
\u201cCould it have been something different from what you remember now?\u201d<\/p>\n
Emily thought.<\/p>\n
\u201cI remember the sound.\u201d<\/p>\n
\u201cBut not what made it.\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
Good answer.<\/p>\n
The attorney tried another route.<\/p>\n
\u201cYour aunt believes your father killed your mother.\u201d<\/p>\n
Emily looked toward the judge.<\/p>\n
The judge intervened.<\/p>\n
\u201cShe is not responsible for another person\u2019s beliefs. Counsel, rephrase.\u201d<\/p>\n
The defense attorney nodded.<\/p>\n
\u201cHave adults told you they think your father killed your mother?\u201d<\/p>\n
Emily swallowed.<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cWhen?\u201d<\/p>\n
\u201cAfter they found Mommy.\u201d<\/p>\n
\u201cSo when you came back for your second interview, you knew that.\u201d<\/p>\n
The prosecutor objected.<\/p>\n
Emily had not been told before the supplemental forensic interview.<\/p>\n
The parties approached the bench.<\/p>\n
Records were reviewed.<\/p>\n
The judge instructed the jury that evidence showed Emily had not been informed of Laura\u2019s identification or homicide theory before the supplemental interview in which she described Michael, the car, and Thomas pointing at the window.<\/p>\n
The defense attorney stepped back.<\/p>\n
That path had closed.<\/p>\n
He changed subjects.<\/p>\n
\u201cYou love your aunt Jennifer.\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cYou want to live with her.\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cYou don\u2019t want to live with your father.\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cCould wanting to stay with Jennifer affect what you say?\u201d<\/p>\n
Emily stared at him.<\/p>\n
\u201cI don\u2019t understand.\u201d<\/p>\n
The attorney rephrased.<\/p>\n
\u201cIf saying bad things about your father helped you stay with Jennifer, would that give you a reason to say them?\u201d<\/p>\n
Emily\u2019s face tightened.<\/p>\n
\u201cI called before I lived with Aunt Jen.\u201d<\/p>\n
Sarah saw one juror look up sharply.<\/p>\n
The defense attorney paused.<\/p>\n
Emily continued, unprompted but responsive.<\/p>\n
\u201cI didn\u2019t know I was going there.\u201d<\/p>\n
The attorney nodded.<\/p>\n
\u201cThat\u2019s true.\u201d<\/p>\n
A smart retreat.<\/p>\n
He moved to Thomas\u2019s old warning that police might think Emily was lying.<\/p>\n
\u201cYour dad told you police get mad at children who lie.\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cHave you ever lied?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cAbout small things?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cSo children can lie.\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cCould children lie about big things?\u201d<\/p>\n
Emily looked confused.<\/p>\n
\u201cI guess.\u201d<\/p>\n
The attorney nodded.<\/p>\n
\u201cNo more questions.\u201d<\/p>\n
The prosecutor stood for redirect.<\/p>\n
One question.<\/p>\n
\u201cEmily, when you called 911, what did you think would happen?\u201d<\/p>\n
Emily looked down.<\/p>\n
\u201cI thought maybe they\u2019d make it stop.\u201d<\/p>\n
The prosecutor waited.<\/p>\n
\u201cDid you know police would investigate your mother?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cDid you know you\u2019d live with Jennifer?\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cDid you know your father would be arrested?\u201d<\/p>\n
Emily\u2019s eyes filled.<\/p>\n
\u201cNo.\u201d<\/p>\n
\u201cWhat did you know?\u201d<\/p>\n
Emily held the edge of the witness chair.<\/p>\n
\u201cThat I didn\u2019t want the door to close again.\u201d<\/p>\n
Silence.<\/p>\n
The prosecutor sat.<\/p>\n
The judge thanked Emily.<\/p>\n
She climbed down.<\/p>\n
Before leaving, she looked once toward Thomas.<\/p>\n
No one could know exactly what she felt.<\/p>\n
Fear.<\/p>\n
Anger.<\/p>\n
Loss.<\/p>\n
Perhaps all of it.<\/p>\n
Thomas looked back.<\/p>\n
Emily turned away first.<\/p>\n
But not because he told her to.<\/p>\n
In the waiting area, Jennifer stood when the door opened.<\/p>\n
Emily came out carrying her bag.<\/p>\n
Jennifer did not ask what happened inside.<\/p>\n
She opened her arms only after Emily moved toward her.<\/p>\n
Emily hugged her.<\/p>\n
Then whispered:<\/p>\n
\u201cI said it.\u201d<\/p>\n
Jennifer closed her eyes.<\/p>\n
\u201cYou did.\u201d<\/p>\n
\u201cWas I good?\u201d<\/p>\n
Jennifer remembered Naomi\u2019s advice.<\/p>\n
\u201cYou were truthful.\u201d<\/p>\n
Emily nodded against her shoulder.<\/p>\n
\u201cThat\u2019s what I meant.\u201d<\/p>\n
Across the courthouse, Sarah remained at the prosecution table while the jury was excused for lunch.<\/p>\n
Daniel approached.<\/p>\n
\u201cShe did better than most adults.\u201d<\/p>\n
Sarah looked at him.<\/p>\n
\u201cShe shouldn\u2019t have had to.\u201d<\/p>\n
\u201cNo.\u201d<\/p>\n
They gathered their notes.<\/p>\n
The trial was not over.<\/p>\n
The defense still had its case.<\/p>\n
Experts would challenge intent.<\/p>\n
Thomas\u2019s lawyers would argue accident, panic, contamination, unreliable memory, and incomplete context.<\/p>\n
Thomas himself had not yet decided whether to testify.<\/p>\n
Nothing was guaranteed.<\/p>\n
But one thing had changed permanently.<\/p>\n
Emily had sat in the same room as the father who spent years teaching her that speaking would destroy everything.<\/p>\n
She spoke anyway.<\/p>\n
And when she left the courtroom, the door closed behind her only because she chose to keep walking.<\/p>\n
The court did everything possible to make Emily\u2019s testimony less frightening. Nothing could make it ordinary. She was eight. The courtroom was large. Thomas sat within it. That alone changed … <\/p>\n","protected":false},"author":1,"featured_media":24143,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-24167","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-insightdrama"],"_links":{"self":[{"href":"https:\/\/insightdrama.com\/index.php?rest_route=\/wp\/v2\/posts\/24167","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/insightdrama.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/insightdrama.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/insightdrama.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/insightdrama.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=24167"}],"version-history":[{"count":1,"href":"https:\/\/insightdrama.com\/index.php?rest_route=\/wp\/v2\/posts\/24167\/revisions"}],"predecessor-version":[{"id":24202,"href":"https:\/\/insightdrama.com\/index.php?rest_route=\/wp\/v2\/posts\/24167\/revisions\/24202"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/insightdrama.com\/index.php?rest_route=\/wp\/v2\/media\/24143"}],"wp:attachment":[{"href":"https:\/\/insightdrama.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24167"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/insightdrama.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24167"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/insightdrama.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24167"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}