Chapter 8: The Direction I Hadn't Expected

It came through a lawyer.
Not a criminal defense lawyer — that came later.
This was a family law attorney named Gerald Foss, and he sent a letter to our home address that Marcus found in the mailbox on a Tuesday afternoon.
He brought it inside without opening it and set it on the kitchen table.
Lily was on the couch in the living room with her leg elevated, watching a nature documentary about penguins and eating apple slices.
She had been home from the hospital for three days.
She was doing well, physically.
She slept a lot.
She didn't ask about Carla or her grandparents.
That silence worried me more than questions would have.
Marcus and I read the letter together at the kitchen table.
Gerald Foss, on behalf of his client Carla, was alleging that my filing of a false police report constituted defamation and was causing his client emotional distress and reputational harm.
He was requesting that I retract the report and issue a written apology.
He noted that failure to comply would result in his client pursuing civil action.
I read it twice.
"She hired a lawyer," Marcus said.
"Yes."
"To send us a letter saying you filed a false report."
"Yes."
"While the police are actively investigating the incident."
"Yes."
He set the letter down.
"That's not a legal strategy.
That's a scare tactic."
"I know."
"She's hoping you'll panic."
I looked at the letter one more time.
Gerald Foss.
The letterhead looked expensive.
The language looked serious.
It was designed to look serious.
"I'm not panicking," I said.
I called a friend named Ruth who had worked in family law for eleven years.
She wasn't my attorney, but she was someone I trusted to tell me the truth quickly.
I read her the letter over the phone.
She was quiet for a moment.
Then: "Naomi, this is a pressure letter.
It has no legal standing while a criminal investigation is active.
You cannot defame someone by filing an accurate police report.
And if the report is accurate — which it is — there is no basis for a defamation claim."
"So I don't have to do anything."
"You don't have to do anything.
But I'd recommend you get your own attorney.
Not because you're in legal danger, but because you need someone who can respond to this formally and make it clear you're not going to be intimidated."
"Okay."
"Also — save the letter.
Date it.
Add it to everything else you're documenting."
"Already doing that."
After I hung up, I walked into the living room and sat on the couch next to Lily.
She shifted her leg slightly to make room for me without looking away from the penguins.
"Mom," she said, "did you know penguins can hold their breath for twenty minutes?"
"I didn't know that."
"That's longer than any person."
"It is."
She leaned against my arm.
Just slightly.
The way she had done since she was small, not asking for anything, just making contact.
"Mom?"
"Yeah?"
"Are we going to see Grandma and Grandpa again?"
I kept my eyes on the penguins.
"I don't know yet, baby."
She was quiet for a moment.
"Okay," she said.
And then: "I don't think I want to.
Not for a while."
I put my arm around her.
"That's okay," I said.
"That's completely okay."
She went back to the penguins.
I sat there with my arm around my daughter and thought about Gerald Foss and his expensive letterhead and the fact that Carla had spent money on a lawyer to frighten me rather than spending one moment asking how Lily was.
That told me everything I needed to know about how this was going to go.
Three weeks later, the DA's office made their decision.
I was in a meeting at work when my phone lit up with Officer Tran's number.
I excused myself and stepped into the hallway.
"Ms.
May you like
Naomi," she said.
"I have news."