“Judge Morrison will review the forensic evidence, hear testimony from witnesses, and make preliminary rulings about asset division and fraud claims. Mrs. Gillian, Emily’s testimony will be crucial because she’s the only witness to conversations that documented your husband’s intent to defraud you.”
That evening, I tried to prepare Emily for what would happen the next day, but she seemed more composed about the court appearance than I felt.
“Grandma Kathy, will Grandpa be there with his girlfriend?”
“I don’t know if Sharon will be there, but Grandpa will be there with his lawyer.”
“What if Grandpa tries to say I’m lying about what I heard?”
“Then the judge will decide who to believe. But Emily, you’re not lying, are you?”
“No. I remember everything exactly because it didn’t make sense why Grandpa would be planning things without telling you.”
“Why didn’t it make sense to you?”
“Because married people are supposed to make plans together. That’s what Mommy and Daddy used to do before they started fighting all the time.”
Eight-year-old wisdom about marriage that her grandfather had apparently forgotten during his years of secret planning and financial betrayal.
The family court building was smaller and less intimidating than I’d expected, with a children’s waiting area that suggested Emily wouldn’t be the first young witness to testify in divorce proceedings. Judge Morrison was a woman in her fifties who looked at Emily with the kind of patient attention that children needed when facing adult legal situations.
“Emily, do you understand why you’re here today?”
“Yes, ma’am. I’m here to tell you about the things I heard Grandpa saying about money and about the lady who comes to visit him.”
“Have any of the grown-ups told you what to say today?”
“No, ma’am. Grandma Kathy just told me to tell the truth about what I saw and heard.”
“Good. Emily, I’m going to ask you some questions, and you should only answer if you remember clearly. If you don’t remember something, it’s okay to say you don’t know.”
For the next 20 minutes, Emily recounted conversations with remarkable precision, describing dates, locations, and specific phrases she’d overheard during Robert’s meetings with Sharon and financial advisers. Her testimony was delivered in the matter-of-fact tone children use when reporting observable facts without dramatic emphasis or apparent awareness of how damaging her words were to Robert’s case.
“Emily, you said you heard Grandpa talking about houses that Grandma didn’t know about. Can you tell me exactly what he said?”
“He said he had been careful to buy houses and things in ways that Grandma couldn’t find out about them because it was important for his and Sharon’s future together.”
“And you heard him mention your grandmother’s retirement money?”
“Yes, ma’am. He said someone named Marcus was helping him figure out how to use Grandma’s teacher money for their plans. And Sharon said it was smart that he had access to Grandma’s accounts because she would never notice if money went missing gradually.”
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