Chapter 14 - Guilty
The jury deliberated eleven hours.
Not quick.
Good.
They considered.
Verdicts:
Felony forgery.
Guilty.
Attempted fraudulent transfer of real property.
Guilty.
Identity fraud tied authorization.
Guilty.
Conspiracy with Kelsey.
Guilty.
Domestic violence/assault resulting in injury.
Guilty on charged count.
One more serious count alleging intent to cause pregnancy related injury?
Not guilty.
Correct.
No evidence he intended premature rupture.
Corporate false invoice count?
Guilty on two counts of falsifying records/unauthorized self dealing? Let's phrase he was convicted on one related corporate fraud count, acquitted on another where services had been partially provided.
Precision.
Richard sat.
No collapse.
No scream.
He nodded.
Then looked at me.
I felt nothing for about ten seconds.
Then grief.
Not Daniel grief.
Father grief.
The man who taught me ride bicycle.
Who brought soup when flu.
Who also erased mother.
Who dragged me.
People are terrible at staying one thing.
I cried.
Margaret put tissue.
“Do you feel guilty?”
“Yes.”
“Normal.”
I hated normal.
Then Kelsey sentencing before Richard because cooperation.
Judge considered age, no prior record, admission, testimony, financial benefit, cruelty at porch.
She received eighteen months incarceration, with eligibility for community based transition after part, plus three years supervision and restitution.
Not probation only.
She had knowingly forged.
At sentencing she said:
“I thought being chosen by Richard meant I had power.”
Then:
“I used that power on Emily because I wanted to prove I belonged.”
She looked at me.
“I laughed while she was in labor.”
Then:
“There is no explanation that makes that less ugly.”
I nodded once.
No statement.
Then Richard.
Pre sentence report.
Fifty nine.
No prior criminal.
Substantial fraud planning.
Assault of pregnant daughter.
Attempted property transfer failed.
Corporate losses under $300k proven.
Restitution.
Defense asked minimum.
Prosecution asked 8 to 10.
I gave statement.
Grace was one now.
Not in courtroom.
I said:
“My father did not cause Daniel’s death.”
Important.
“He did not successfully steal my house or shares.”
Then:
“He did copy my signature, tried to use my grief as consent, and physically removed me from a house where he had no right to remove me.”
Then:
“I am not asking court to punish him for being a bad father. I am asking court to sentence crimes proved.”
Then:
“I also ask that any no contact order protect Grace unless and until a court and I decide otherwise.”
Richard cried.
First time.
Then he spoke.
“I thought Emily needed me.”
No.
Then:
“I was angry Daniel had changed company.”
Then:
“I believed Laura turned my own family against me.”
Still blame.
Then:
“I should not have used signature.”
Small.
Then:
“I should not have touched my daughter.”
Good.
Judge sentenced seven years aggregate incarceration, some counts concurrent, followed by supervision, restitution around proven corporate and legal losses, and no contact with me or Grace absent my written consent and court modification.
His shares were not confiscated simply because conviction.
He retained economic property.
But corporate shareholder agreement allowed company or approved trust to repurchase some shares upon certain felony involving company, at independently determined fair value minus lawful offsets? Need fairness. Let's say the agreement triggered a call option at fair market value, not punitive discount, subject arbitration.
The company exercised after independent valuation.
Richard sold 6.8 percent for fair market value, with restitution/civil settlement deducted where legally agreed.
He no longer owned Hale Mercer.
Not because I seized.
Because a contract he had signed years earlier treated company related felony as mandatory liquidity event.
That was his own signature.
Then after court, Margaret said:
“Your mother would appreciate that.”
“What?”
May you like
“Richard finally read something he signed.”
I laughed so hard I cried.
