Chapter 13 - What Leo Was Allowed To Say
The judge did not let either side turn Leo into centerpiece.
He was nine by then.
The defense had constitutional rights to challenge evidence involving his actions, but much could be stipulated.
Both sides agreed:
Leo placed backup phone and brass key in casket.
Rachel had given them to him before death.
He followed prerecorded instructions.
No dispute.
That eliminated need for him to testify about funeral.
His statement about hearing “you forged my name” and bang was more relevant.
Prosecution wanted.
Defense objected child memory/coaching.
The forensic interview was recorded within 24 hours, before adult questioning.
Judge allowed limited testimony through closed-circuit procedure because of age and trauma after specific findings, with defense cross.
I hated.
Leo said:
“I can do.”
“You don’t have to be brave for us.”
“I want judge know.”
Not how law works exactly, but he wanted.
He testified from separate room.
Megan present.
Camera to courtroom.
Prosecutor asked only few.
“Where were you night Mom died?”
“Upstairs.”
“Did you hear parents?”
“Yes.”
“What did Mom say?”
“You forged my name.”
“Did you see fall?”
“No.”
“What did you hear?”
“A bang.”
“Did anyone tell you what to say today?”
“No.”
“Did Mom tell you Dad killed her?”
“No.”
Excellent.
Then defense.
Calvin Ross softened voice.
“Leo, you loved your mom?”
“Yes.”
“She was scared of your dad?”
“Yes.”
“Did she tell you not trust him?”
“She said if he says Aunt Sarah hates me, don’t believe.”
“Did she give you secret phone?”
“Yes.”
“Did that make you think Dad was dangerous?”
Leo thought.
“A little.”
“Could that make you remember argument as scarier?”
“I don't know.”
Good.
Then:
“You had headphones.”
“Yes.”
“So you did not hear everything.”
“No.”
“You did not see your dad push.”
“No.”
“Your dad told you it was accident.”
“Yes.”
“Did Aunt Sarah tell you he murdered Mom?”
“No.”
“Did anyone?”
“No.”
Then Ross asked:
“Do you still love your father?”
Prosecutor objected relevance.
Judge sustained.
Leo looked confused.
Session ended.
He came out.
I hugged.
“Did I do good?”
“You told truth.”
“That’s good?”
“Yes.”
Then:
“Can Dad see me?”
Not now.
My heart.
Trial continued without making child choose.
Then prosecutor’s witness:
Grace.
Camera.
Digital.
Insurance.
Financial.
Medical examiner.
Then defense tried portray Rachel as staging elaborate evidence because she wanted custody leverage.
They argued storage unit, secret phone, recorder showed she was planning a narrative.
Prosecution response:
Yes, she documented because afraid.
No evidence she fabricated camera audio or Marcus's finances.
Then a defense witness, Rachel’s former therapist, records limited by privilege? Maybe not. Avoid.
They introduced texts where Rachel called Marcus “not violent” to Sarah months earlier.
True.
Prosecutor did not hide.
Fear escalated.
Then one message from Rachel to friend:
I’m probably being dramatic about insurance form.
This helped defense.
She second-guessed.
Again, credible.
Then the jury would have to decide not whether Rachel feared, but whether Marcus intentionally caused fall.
May you like
The camera still lacked visual.
Need trial maybe two chapters.
