This story is my property and may not be sold or posted to any other sites without my permission. If you are under age or if it is unlawful to read such stories please leave this site. This story will contain sex between adult males and between teen males, but is much more a story of friendship and love. This is my first posting to Nifty. Please let me know if you like my story at mikeincentx2@yahoo.com.
Copyright 2013. All Rights Reserved.
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SORRY FOR THE LONG WAIT. THIS PAST FEW MONTHS HAVE BEEN CRAZY BUSY FOR ME.
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From Last Chapter:
The prosecutor thanked Brian and then stated he didn't have any more questions for him. The judge looked at his watch and then said, "I think this will be a good place to break for lunch. We will start back up at 1pm with cross exam."
The judge looked over at Brian and reminded him, "Son don't forget you are not to speak to anyone about your testimony or this case other than with attorney's." With that he banged his gavel and said, "Court stands in recess until 1pm."
Steve and I stood and waited for the jury and the judge to leave. I turned to Brian's parents and asked if they and Brian would like to join Steve and I for lunch. They liked the idea but when Brian walked up he told his parents that he needed to meet with the prosecutor during lunch to prepare for the cross exam. Brian's mother asked what he was going to do for lunch and Brian told her the prosecutor said he would have lunch delivered for the two of them.
Brian walked off with the prosecutor as his parents walked out with Steve and I.
*********** Chapter 53 ***********
Brian was back on the stand after lunch, but this time it was Dennis' attorney asking the questions. The judge reminded Brian that he was still under oath before nodding over to the defense attorney to proceed.
The defense attorney seemed to be a little disorganized and took a few moments before starting his questions.
Defense: "Brian, did you assault Sean Crispin on the day in question?"
Brian: "Yes."
Defense: "Did my client assault Sean that day?"
Brian: "No sir."
Defense: "Brian, it is my understanding that you plead to a lesser misdemeanor charge in an agreement for your testimony against my client. Is that true?"
Brian: "Yes sir."
Defense: "So you admit to beating Sean to the point of putting him in the hospital, with serious injuries and then in a plea agreement with the prosecution, you plead to a misdemeanor assault charge in exchange for your testimony here today."
Brian: "Yes sir."
Defense: "Did my client ever give you any specific instructions on how you should attack Sean?"
Brian: "He told me when and where Sean would be alone."
Defense: "That's not what I asked you. Did Denis ever tell you to attack Sean on a specific day, or time, or how to attack him? What kind of injuries he wanted Sean to suffer?"
Brian: No sir, he did not give me any specifics instructions like that?"
Defense: "So it was your decision and your decision alone to attack Sean on that specific day, and your decision on where to attack Sean, and in what manor to attack Sean."
Brian: "I guess that is correct. Denis did give me the..."
Defense: "You guess that is correct Brian? It was your decision to ambush Sean behind the gym that day and to punch him in the head and then after he was down on the ground, to stomp on his torso and kick him in the head, causing Sean serious injuries."
As Steve and I sat there listening, it brought back the horror that we went through that day. I was holding Steve's hand and I could feel the tension building in his body as he heard the defense attorney describe what happened to his son that day. I squeezed Steve's hand to remind him that he was not there alone.
Prosecution: "You're Honor, I object. The witness answered the question and does not need to be reminded what happened that day."
Judge: "Sustained. Let's move on sir."
The defense attorney went back to his table and shuffled around a few papers before asking his nest question.
Defense: "Brian, did my client ever give you any money with the specific instructions that the money was payment for the attack on Sean?"
Brian: "No sir, but that is what I believed it was for."
Defense: "But Denis never said he gave you the money for assaulting Sean. In fact, he could have given you the money just as a nice gesture, correct?"
Brian: "I believed it was for assaulting Sean."
Defense: "Denis never told you it for committing the assault, did he?"
Brian: "No Sir."
Defense: "Brian, have you ever stated that you hate homosexuals?"
Brian: "Yes, I have in the past."
Defense: "Have you ever had a homosexual friend?"
Brian: "I do now, yes."
Defense: "How about before the attack on Sean?"
Brian: "I'm unsure. I don't know all of my friend's sexual orientation. That is there business, not mine." Defense: "Isn't it a fact, the primary reason you attacked Sean, is that you saw him watching you in the shower, and you saw Sean talking with your younger brother."
Brian: "I'm not sure if I could say those two statements would be the primary reason, no. I was upset at the time that Sean was speaking with my younger brother and I did see Sean staring at me in the shower after practice at school and yes it did bother me."
Defense: "So you had your own reasons for the attack."
Brian: "I had never contemplated attacking Sean, until Denis brought up the idea."
I could see the prosecutor write something down on his pad he had in front of him. He then looked back at Steve and me with a smile on his face. I think Brian's last statement sealed his case in his eyes. I could also tell that the defense attorney didn't like Brian's answer.
Defense" "But we have already established that Denis never asked you to attack Sean."
Brian: "Yes sir, but the idea had never entered my mind until Denis and I spoke the second time and he mentioned what he would do if a homosexual was talking with his younger brother."
There was a long pause as the defense attorney whispered to Denis, before saying: "Your honor, I have no further questions for this witness at this time. I do reserve the right to call the witness at a later date."
The judge looked at Brian saying, "Thank you son, you may step down and return to the witness room. I must remind you not to talk to anyone about your testimony or this case."
Brian nodded he understood, before standing and walking to the back of the court room to the witness room. As he passed I gave him a thumb up and smile. I could see that Brian was walking a little taller, knowing that he did well.
The rest of the afternoon the prosecution had several other witnesses take the stand, including Det. Smith and Ms. Jackson from CPS. While Det. Smith was on the stand, the Prosecutor produced the pictures of Sean's injuries. I was so glad he didn't have to show them in open court but gave the judge and defense a copy of the pictures as well as a couple of copies to the jury to pass around. I could see the disgust in the juries' eyes as they looked through the pictures. The Prosecutor also introduced the fact that Dennis had been investigated for injury to a child after beating Colby. The pictures of Colby were also given to the judge and jury along with the defense. I had noticed the defense did not cross exam any of the other witnesses that the prosecution called.
It was getting close to five o'clock when the Prosecutor dismissed his last witness and announced to the court that he rested his case. The judge promptly adjourned his court until nine o'clock the next morning where the defense could call their first witness.
We all met out in the hall, outside the courtroom to meet with the Prosecutor. He patted Brian on the back, thanking him for the great job he did on the stand. He told Brian that he would still have to come back tomorrow, but really doubted if he could be called to the stand again. He told us he expected the defense to call a few character witnesses on Denis' behalf and then rest and if all went well it would be in the juries' hands by the end of the day tomorrow.
After shaking hands, we all went our separate ways. Steve and I drove home talking about how well Brian did on the stand. That night we caught the boys up on the trial and told them what a great job Brian did on the stand. I could tell that Colby was having some trouble with all of it. In fact this was the first time I had ever seen him leave the table with food left on his plate. I'm sure it was tearing him up inside hearing about his own father being prosecuted for attacking his boyfriend.
Later that night I caught Colby alone in his room, staring at his computer with some homework assignment on the screen. I asked him if he was doing ok. He just looked up at me with tears in his eyes, never saying a word he just fell into my arms when I walked up to him. I pulled him in close, holding him tight. He never started to cry but just needed to be held. I reassured him things were going to be ok and to just give it some time. As I stood there holding Colby, I saw Sean standing in the doorway. I motioned for him to come over. He joined in the hug with Colby and me. After a few more minutes I pushed them away saying, "Why don't you put that homework away for now. You're not going to get anything done worth turning in tonight. If you need me to I can call your teacher and explain what is going on to see if she can give you and extension I can. Why don't the two of you get ready for bed and just chill out in your room together tonight?"
I went back out to the living room where Steve was sitting on the couch and Conner was lying across Aaron in the oversized chair. I sat down with Steve and told him what I had told Colby and Sean. A few minutes later they both came to the living room giving everyone a hug and saying there goodnights. As they walked to the bedroom, Connor looked over at Steve asking if they were ok. Steve said, "Yeah, they are both fine, Colby is just having some issues with the trial. They are just going to relax in their bedroom tonight.
Sean turned some music on before they climbed into bed. Even though Colby was normally the one that pulled Sean in to cuddle, tonight he pulled Colby into him. They spent the rest of the evening just cuddling in bed with each other, eventually falling asleep in each others arms.
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