Chapter 23 - THE TRIAL BEGINS
Theodora waived a jury after consultation and chose a bench trial.
Her lawyer believed the legal question about intent and risk would be better handled by a judge without emotional reaction to the videos.
The prosecution agreed to proceed.
Day One began with phone recordings.
No dramatic narration.
Time stamps.
Angles.
Audio.
The judge watched each twice.
The first showed Theodora lifting Marcellus.
Then:
“Your sister deserved the first grandchild. Not you.”
The second:
My sister blocking me.
The third:
The release.
Dad’s catch.
Then:
“It was an accident. Nobody will believe you.”
The prosecutor asked the forensic video analyst:
“Can you determine intent from pixels?”
“No.”
Good.
“What can you determine?”
“Theodora’s hands opened before the infant descended.”
“Could you determine whether she stumbled?”
“No visible loss of balance.”
“Could you determine whether someone was positioned directly beneath the infant before release?”
“No.”
There.
Then neighbor Mrs. Keller.
She testified she called 911 before the release because the argument felt unsafe.
“I heard Lissette say, ‘Give him to me.’”
Then:
“I saw Theodora move closer to the fire instead of away.”
That mattered.
Then me.
I took the stand.
My hands shook.
I told the sequence.
No embellishment.
Then defense.
“Your mother had held Marcellus safely many times before?”
“Yes.”
“Your sister had also held him?”
“Yes.”
“You were increasingly restrictive about family contact?”
“Yes.”
“Why?”
“Because my mother was pressuring me.”
“Did you ever say nobody else could hold him?”
“No.”
“Did you frequently take him back when he cried?”
“Yes.”
“He was six weeks old?”
“Yes.”
The judge looked up at that.
Then:
“You sent a family message saying your sister helped try to burn the baby.”
“Yes.”
“Was that accurate?”
“Not fully.”
“You corrected it?”
“Yes.”
“After damage was done?”
“Yes.”
Good.
Then:
“You also spoke to the press.”
“Yes.”
“Used the phrase ‘throw my newborn into a fire’?”
“Yes.”
“Did Marcellus enter the fire?”
“No.”
“Did your father catch him?”
“Yes.”
“Then you exaggerate when emotional.”
Sometimes.
I said:
“Yes.”
The courtroom went quiet.
Then defense:
“So why should this court trust your description?”
“Because the court has the videos.”
That was the right answer.
May you like
Not me.
Evidence.
