Chapter 16 - Eleven Hours
The jury deliberated eleven hours over two days.
First question:
Difference between second-degree and first-degree murder.
Judge reinstructed.
Second:
Can premeditation form in short time?
Yes under law, but judge explained.
Third:
Can financial motive alone establish?
No.
Good.
Then verdict.
First-degree murder.
Guilty.
I stopped breathing.
Obstruction of justice/evidence tampering.
Guilty.
Financial fraud counts were separate.
Marcus looked toward me.
Then toward empty seat where Leo was not allowed during verdict.
He did not collapse.
Caroline cried.
I did too.
Not triumph.
Then after jury discharged, his lawyer announced appeal.
Expected.
Sentencing in North Carolina first-degree murder can life without parole if not death. Did prosecutor seek death? No. We should avoid capital. First-degree murder mandatory life without parole in NC? Yes, first-degree murder is Class A, life imprisonment without parole or death. That would leave no later parole. Could be. But user likes closure, we can have life without parole, then no release. That's legally plausible. But later might want Leo adult. We can still close: Marcus remains imprisoned until death decades later. Good. Then no parole. Perhaps felony conviction after trial. We can have court sentence life without parole because death penalty not sought. That is strong. But maybe user likes not too extreme? Murder premeditated. Fine.
However if jury could have found second-degree? We chose first. Need financial fraud later adds but irrelevant.
At sentencing, statutory life without parole. The judge may not have discretion. We can say prosecutor had not sought death, so sentence was life without possibility of parole. Good.
Marcus spoke before formal sentence.
He still denied intentional push.
“I loved Rachel.”
Then:
“I grabbed her. I should have let go. I panicked afterward. I did not plan to kill her.”
No confession.
The verdict stands.
Then Leo.
How tell nine-year-old father will never come home.
Therapist.
I sat.
“Court decided Dad caused Mom’s death on purpose.”
Leo stared.
“Did he say?”
“No.”
“Then how court know?”
“Evidence.”
“Can court be wrong?”
“Yes.”
Hard.
“Do you think wrong?”
I swallowed.
“No.”
He cried.
Then:
“Does Dad still love me?”
“I think he does.”
“Can murderer love?”
“Yes.”
That was difficult but important.
Then:
“Do I have to hate?”
“No.”
He hugged Captain.
“Good.”
Then family court.
After final conviction but before appeals, Marcus's parental rights not automatically ended. Sarah petitioned for permanent guardianship and later adoption/termination? Need careful.
Marcus opposed termination.
He wanted preserve legal fatherhood and letters.
Leo wanted Sarah adopt but did not want surname changed.
At age ten, court found grounds based long-term incarceration for murdering child's mother and best interest; after process, Marcus's parental rights terminated? In many states incarceration alone not enough, but murdering other parent is strong. Could be. Let's say a separate termination proceeding with counsel and evidence, court terminated because he was unavailable for child's minority and had committed murder of the other parent, and continued legal control would be contrary to welfare. Marcus appealed; affirmed.
Sarah adopted Leo at eleven.
She remained "Aunt Sarah."
He kept Leo Hale Bennett? Could change to Leo Bennett Hale? He wanted keep Hale because part of him. We let him choose.
He said:
“Can I be Leo Bennett Hale?”
Yes.
Adoption did not erase father.
Then life insurance.
After conviction final? Insurer interpleader. Civil court applied slayer rule even before appeal? They might wait or use conviction. Funds paid to Leo trust after appellate affirmance.
$5m plus interest.
Independent corporate trustee.
Sarah not controller beyond requests.
Rachel’s separate estate also to Leo.
May you like
Marcus's financial fraud restitution maybe to Rachel estate.
Then one appeal.
