Chapter 8 - Derek’s Story Falls Apart
Derek’s defense had three parts.
One:
The bin was never sealed.
Two:
He was trying to keep Margaret from overreacting, not stop rescue.
Three:
He believed the baby was Noah and was acting as parent.
Video destroyed most.
Margaret had a kitchen camera? Not until? Could be a small indoor camera for pets? We need evidence. The phone video maybe neighbor? Let's establish Ethan's phone recorded after he grabbed? Hmm user prompt says neighbors? No. We can use Margaret’s smart kitchen camera installed after a burglary, facing back door, not secret. It captured most incident. That makes strong. Did we mention earlier? No, can reveal now. The kitchen had a security camera above pantry that Margaret forgot about. It stored motion clips. Police recovered.
Video:
Rachel lowers crying infant into clear bin placed on floor.
The baby is swaddled.
Derek says:
“Leave him.”
Rachel:
“Just for a second.”
Margaret:
“What are you doing?”
She moves.
Derek grabs wrist.
Then lid.
He presses.
Margaret screams.
Then I enter.
Strong.
No need graphic.
Then Rachel:
“Open it, Derek.”
He does not.
Margaret breaks free.
Then Rachel shoves Margaret after baby removed.
Then Margaret slaps Rachel while holding infant.
Video confirms all.
Derek was not calmly restraining hysterical grandmother.
He physically prevented access.
His attorney began plea discussions.
Derek refused.
Then another video clip earlier that morning.
Kitchen camera recorded him saying:
“If he’s not ours, maybe we don’t rush to give him back until we know where Noah is.”
Rachel:
“That’s kidnapping.”
Derek:
“No, it’s leverage.”
There.
Leverage.
Why?
“If they have our kid, we keep theirs until they bring ours.”
That is terrible.
Rachel:
“No.”
Then:
“I’m calling.”
Derek takes phone.
Not violently perhaps, but he shuts it off.
This moves from suspicion to intentional retention.
Prosecutor now considered custodial interference/unlawful restraint involving infant? A baby cannot consent, but retaining another family's child knowingly could support unlawful imprisonment or interference depending law.
Still initial possession came through hospital.
Intent evolved.
Then Derek:
“You don’t trade babies like luggage.”
He said? Maybe prosecutor later.
Then Rachel’s culpability.
She said no to leverage.
But she did not call after Derek turned phone off.
She could have used Margaret’s.
By then she had postpartum pain, exhausted, but capacity intact.
Then ADA Leah Stone offered Rachel plea:
Guilty reckless endangerment and obstruction/failure to report identity discrepancy? Maybe "obstruction/false statement" because she later told hospital first saw Bennett paperwork that morning after call, which was false. Let's say:
* felony reckless endangerment
* misdemeanor false statement/obstruction
* assault against Margaret dismissed or merged? Could still.
Recommendation: 18 months custody, half suspended? Because no prior, postpartum, less culpable, cooperative.
Rachel initially rejected because it could affect custody.
Her attorney said:
“Custody is affected by facts whether you plead or not.”
Hard.
Then Derek’s charges upgraded:
Felony reckless endangerment.
Unlawful restraint/assault on Margaret.
Interference with emergency aid.
Custodial interference/unlawful retention after knowingly suspecting infant mismatch? Prosecutor charges unlawful restraint of a minor based preventing removal and using baby as leverage, not kidnapping. Maybe.
Obstruction/false statement to hospital.
He also violated pretrial no-contact message to Rachel earlier, adding contempt? Court sanctioned.
Then Derek’s parents contacted Margaret.
His mother Linda Hayes said:
“He’s not evil.”
Margaret answered:
“I didn't say he is.”
Then:
“He was scared.”
“So was baby.”
Good.
Then Linda asked to see Noah as paternal grandmother.
CPS assessed.
She had rights only through parental context, but could be approved relative contact.
Maya? No. Rachel objected.
Court allowed limited supervised grandparent visits because safe and in child interest.
Margaret did not own Noah because she had placement.
Good.
Then Rachel accused:
“Everyone gets my baby except me.”
She had supervised visits twice weekly.
But her perception.
Then therapy evaluation.
No diagnosis used to excuse.
Psychologist found:
Significant postpartum depression and anxiety symptoms.
Longstanding attachment trauma.
No psychosis.
No cognitive impairment.
She understood wrongfulness.
Important.
Treatment recommended.
Rachel said:
“So I’m sick?”
Psychologist:
“You are struggling. That does not mean you lacked responsibility.”
Good.
Then Rachel entered treatment voluntarily.
Medication/therapy as appropriate.
Parenting coaching.
No instant redemption.
During visits she learned to put Noah safely in bassinet and step away when overwhelmed.
The most important lesson:
Crying is not rejection.
She wrote it on card.
May you like
I saw once.
It made me cry.
