NEGOTIATION I
Rachel hoisted Emma onto her hips, and Emma wrapped her arms around Rachel's neck, burying her face in Rachel hair. Dr Montgomery handed Ross a pile of paperwork detailing Emma's physiotherapy, medication and check-up routine, and pulled him into the tight hug. She smiled brightly at the family she had spent such a substantial amount of time healing.
"Congratulations Emma, Ross, Rachel, you're all free to go home now. Remember, Emma needs to come into the hospital for a general check-up in two weeks. Other than that, she's in wonderful health, and I expect her to make a complete recovery."
Ross wrapped one arm around Rachel's waist, and the family of three walked out of the cold sterile white hospital, and into the bright warm sunshine. Closing her eyes, Emma turned her little face towards the sun, soaking in its beautiful warmth. For countless months, it had been nothing but artificial fluorescent lights, the natural sunshine felt incredible. The family sat down in front of the hospital, on the grass, under a tree.
Emma lay flat on her stomach resting her cheek against the warm grass. She plucked a wildflower and breathed in its scent. Boy, did she miss the outdoors. Ross leaned against a tree, and Rachel lay on the grass, resting her head in his lap. For the first time in countless months, Ross, Rachel and little Emma felt the warm glow of peace settle in their hearts.
They lay together in the sunshine, taking stock of the long dark tunnel they had finally managed to climb out of. Ross and Rachel felt immense pride of their small daughter, who had developed so much resilience throughout this trying ordeal. Soon, it would be Emma's 5th birthday, and what a milestone that would be, considering that not so long ago, she was knocking on death's door.
Attorney Olsen set his briefcase down, and sat down before Prosecutor Gupta.
"I understand you're interested in plea-bargaining," Gupta commented.
"Yes, in light of the victim's witness testimony, I think it's fitting to discuss a plea-bargain. My client will plead guilty to aggravated assault, if you drop the attempted murder charges."
"You drive a hard bargain for a man whose client physically stabbed a small child with a knife."
"I disagree. As you're aware, only just 6 years ago, attacking a person in the heat of the moment would not constitute attempted murder; the charges would be lowered to aggravated assault on grounds of provocation."
"Ah, the old 'heat of the moment', 'crime of passion' argument. Tell me, what could a tiny child have possible done to provoke such a heated response from your client? You know full well the crime of passion argument is generally run only for spousal attacks."
"He was looking after three small children. The girl admitted she was throwing a temper tantrum and physically lashing out at him. He coincidentally and unfortunately, was holding a knife with which he was using to prepare the children's meal. It is likely he intended to hit her, but momentarily forgot he was holding a knife," Olsen replied. Gupta stared at Olsen with narrow eyes, appraising him intently.
Olsen continued, "Look, there's no doubt my client wanted to hurt the child, but can you honestly say beyond a reasonable doubt, he intended to kill her? The victim testified as to my client's actions, but she cannot know the actual workings of his mind. If you keep pushing for attempted murder, you may well end up with his complete exoneration. Do you really want to risk that?"
Gupta drummed his fingernails against the table. He thought about the extremely limited government funds he had to work with, and the long string of other cases he needed to deal with. He stood up, and offered his hand to Olsen. Olsen shook it uncertainly.
"Fine, you got yourself a deal. In exchange of a plea of guilt for aggravated assault, I will drop the attempted murder charges."
Olsen beamed up at Gupta triumphantly. Gupta pointed one finger at Olsen, warning, "No, no, don't be so pleased with yourself. I'm giving you this one solely because the child has almost fully recovered from the attack. Had she died or been permanently crippled, you'd see me running the attempted murder line to death, so to speak."
Prosecutor Gupta gathered his documents together, and swept out of the room.