Chapter 10 - The Dinosaur Argument
Noah’s recovered memories were handled carefully.
Memory after trauma is not courtroom magic.
The therapist never asked:
Do you remember Ethan?
Instead, Noah brought fragments.
A red lunchbox.
A classroom rug.
A dinosaur argument.
A song.
None proved homicide.
They gave Ethan back dimension.
He was not only victim.
He had opinions.
He cheated at Candy Land.
Hated peas.
Loved stegosaurus.
I had forgotten how important ordinary details were.
Trial preparation started eleven months after Michael’s arrest.
Charges:
Second degree murder of Ethan Hayes.
Abduction/kidnapping of Noah Reed.
Aggravated child abuse related to Noah’s injuries and ongoing mistreatment.
Identity/document fraud.
Wire fraud involving trust.
Obstruction and concealment of human remains.
Additional counts merged or narrowed before trial.
The prosecutor did not charge every conceivable offense.
Good.
Stronger case.
Michael’s attorney proposed plea.
Forty years.
No trial.
Dana asked my view but made clear decision belonged Commonwealth.
Sarah and I met separately with victim advocates.
Sarah wanted plea.
“I don’t want Noah testifying.”
His direct testimony might not be necessary for murder but relevant kidnapping/abuse. Recorded forensic statements could face confrontation issues. A plea spared.
I wanted trial.
Then hated myself for wanting it.
Dr. Mills asked:
“Why trial?”
“I want everyone to hear.”
“Hear what?”
“What he did.”
“Will conviction be less real if he pleads?”
“No.”
“Then who is audience for?”
I thought of Michael performing normal fatherhood.
Bank photos.
School events.
Court filings.
I wanted public truth.
Sarah wanted Noah protected.
Both valid.
Prosecutor ultimately rejected initial plea because Michael refused to admit murder.
He offered guilty to involuntary manslaughter, kidnapping, fraud.
Evidence supported more.
Trial remained.
Michael’s defense strategy became clear.
Ethan’s death was accidental.
Voice note referred to hitting after an accident? They tried.
“Hit him once” could mean spanking? Not with skull fracture.
They suggested Ethan ran, fell on dock, Michael panicked, later struck? The timeline made little sense.
They would challenge pathologist.
For Noah:
Michael claimed Sarah voluntarily surrendered him through informal arrangement due poverty.
Forgery expert said pickup authorization signature was not Sarah’s.
No consent.
No custody order.
Missing person report immediate.
Kidnapping strong.
For trust fraud:
Michael claimed he believed Noah became his child and trust should support him.
But he represented him specifically as Ethan.
Bank videos.
Identity documents.
Impossible.
The strongest defense area was precise murder degree.
Did Michael intend serious harm?
Voice note:
“I hit him once. Then again when he tried to get up.”
A second blow after first collapse supported malice.
No premeditation required for second degree under theory.
I learned more criminal law than I wanted.
Then Commonwealth Heritage Bank settled civil trust claims.
Recovered $940,000 from Michael’s seized assets and insurance.
The bank also reimbursed trust $380,000 for control failures.
Remaining loss and legitimate expenditures separated.
Ethan’s trust had been frozen.
Now that Ethan’s death date legally established, trust terms required remaining assets pass to Hayes Children’s Medical Foundation.
I expected to hate that.
Instead, I requested one thing through probate counsel:
A portion permitted by trust terms for final burial expenses and memorialization.
Approved.
I did not get Ethan’s millions.
I did not want them.
I wanted his name on a stone.
Then Victoria Hayes challenged death date distribution.
Not to take money personally.
She argued foundation should receive full amount and no funds for Amelia because I had “abandoned” Ethan.
I nearly exploded.
The court rejected.
Funeral expenses were authorized beneficiary expenses related to death administration.
Victoria’s objection gained nothing.
She sent me a letter.
May you like
I returned unopened.
Some doors did not need exploration.
