Chapter 8 - Diane Goes First
Amanda Brooks sat two rows behind me at sentencing.
She had donated $2,500.
Her younger sister had died from lymphoma while pregnant.
That was why the campaign reached her.
Amanda told the court:
“I believed Emily was facing what my sister faced.”
She looked at me.
“I thought her husband was preparing to raise a baby without her.”
I wanted to tell her not to apologize.
She had been deceived.
Then Diane’s presentence report.
Sixty two.
No prior criminal convictions.
Retired administrative supervisor.
Stable home.
No substance disorder.
Strong dependence on being needed by Jason.
High controlling behavior.
Early minimization.
Later cooperation.
Partial restitution voluntarily returned.
No known prior physical violence.
Her attorney asked for probation.
“She never touched Emily.”
True.
“She never operated clippers.”
True.
“She pleaded guilty.”
True.
“She returned most funds personally received.”
True.
The prosecutor answered:
“She invented a terminal sounding illness.”
True.
“She forged physician documentation.”
True.
“She anticipated Emily’s refusal.”
True.
“She told Jason to hold Emily after Emily screamed.”
True.
“She continued filming because donations increased.”
True.
My victim statement was shorter than everyone expected.
“I do not ask the court to punish Diane because she is difficult or because she is my mother in law. I ask the court to sentence what she actually did.”
Then:
“Ava was born healthy. Please do not create an injury to my daughter that doctors did not find.”
Judge Torres imposed:
Three years aggregate.
Sixteen months suspended.
Twenty months active incarceration.
Two years supervised community control after release.
Conditions included:
Restitution.
Counseling.
No direct contact with me during supervision absent affirmative lawful permission.
No unsupervised contact with Ava during supervision unless family court later authorized.
No management of charitable fundraising during supervision.
Not forever.
Diane later served approximately seventeen months before lawful transition and credits.
Then Jason.
His presentence report was heavier.
Thirty six.
No prior felony.
Direct physical actor.
Active planner.
Business debt.
False medical documentation.
Use of my pregnancy.
Minor scalp injury.
No permanent disability.
No fetal injury.
Guilty plea after extensive evidence.
Prosecutor asked for five years six months.
Defense asked for three.
Jason stood.
“I used Emily’s pregnancy as a reason I thought she could not leave me.”
I looked up.
That was new.
“I thought she would want family intact when Ava arrived.”
Judge Torres:
“So pregnancy made you believe you had more leverage.”
“Yes.”
“You believed if financial problem disappeared, she would forgive method.”
“Yes.”
Then the judge said:
“Bankruptcy was legal.”
“Yes.”
“Closing the company was legal.”
“Yes.”
“Selling equipment was legal.”
“Yes.”
“Asking your wife again was legal.”
“Yes.”
“Accepting her no was legal.”
“Yes.”
“Fabricating cancer was not.”
“No.”
“Physically forcing her into a fundraising image was not.”
“No.”
Sentence:
Five years active incarceration.
Three years supervised release and community control afterward.
Restitution.
Domestic violence intervention.
Financial counseling.
No direct contact with me outside authorized legal and parenting channels.
Ava contact reserved to family court.
Jason later served approximately four years two months before release to supervised reentry.
Then money.
Final restitution obligation after refunds and recoveries:
Approximately $58,000.
Diane and Jason were jointly responsible subject to credits.
No one paid twice.
Then divorce.
House bought four years earlier:
$365,000.
Appraisal:
$438,000.
Mortgage:
$281,500.
Gross equity around $156,500.
After negotiated transaction cost assumptions and adjustments, divisible equity around $130,000.
Jason did not lose his lawful share automatically because he was convicted.
I wanted the house for Ava.
My salary as compensation analyst was about $84,000.
I could refinance.
The $11,600 fraudulent payment that had reduced our joint credit card was allocated against Jason’s property share.
Certain business related marital obligations were allocated to him under settlement, subject to creditor rights.
Final house buyout owed to Jason:
$43,500.
I refinanced.
Paid him through closing.
He transferred his interest.
No revenge transfer.
No $1 deed.
My premarital $48,000 account remained protected by prenup.
Retirement accounts were divided only for marital portions.
Carter Renovation Group had negative value once debts exceeded assets.
No business fortune to award.
No alimony under negotiated settlement approved by court.
Child support during incarceration was calculated under applicable rules, then recalculated after release.
The divorce became final when Ava was fourteen months old.
I kept Carter as my surname.
Not because Jason owned it.
Because it was Ava’s surname and I chose not to change mine.
May you like
That distinction mattered too.
Continue to the next chapter: The criminal sentences were real, the property division was lawful rather than punitive, and Jason still remained Ava’s legal father even though he would not meet her in person until she was more than three years old.
