CHAPTER 65 - HE GOES BACK TO THE DAY YOU HURT HIM…

ANDREW

“Counsel, do you wish to call another witness?” Judge Balsam queries looking at his watch.

“Yes, please, Your Honour.”

“Proceed.”

“I recall to the stand, Deborah Jane Grassi.” I sit on the edge of the table and keep him in my eyeline. I have long since mastered the art of looking like I am looking at one defendant when, in fact, I am looking at the other. “Well, those were quite some revelations there. Care to explain them?”

“There’s not that much to explain. I did exactly what Vic...I mean Mr Miller said, I entrusted my savings, and to the one person I knew I could truly trust.”

“How much is in this account?”

“About $75,000. I have been saving on and off for a while.” His eyes boggle out of his head.

“Since when is a while? That’s a sizeable chunk of change.”

“For the last 15 years. Most of the money has come from Michael via Brian, some I invested and put back, both the initial investment and the profit.”

“How much roughly do you think you have gotten from Mr Kinney since you decided to demand your monetary pound of flesh, and when did those demands start?” She shifts in her seat but it is him I continue to watch. “Miss Grassi, how much and when?”

“I don’t know the exact amounts, but he started to give us money…”

“Us? I find that a little surprising, according to the statement you gave, the money that you asked of Brian was for your son to help him with the store and for support for your former granddaughter.”

“Michael had a store that was struggling, and there were times that…”

“His need to buy a tacky toy was so powerful he could not resist, so he played on the guilt of his best friend to help him with what? The promise to pay him back? And you helped and sometimes encouraged that, didn’t you?” She is quiet for a moment before she nods. “You need to answer each question verbally, not by behaving like a bobble headed nodding dog.”

“Counsel.”

“Your Honour.”

“Now just a minute, Vic can call me that and nothing but a bobble headed nodding dog is not acceptable?!”

“Ms Grassi, you will not address me directly…”

“You were all about the respect for the child?! What about the respect for me?!”

“He was a child!” Peter shouts, silencing the court. “And you never ever respected him! You never loved him! You are pathetic, and a coward, and you know why? Because you were too chicken to discipline that thing of yours! You needed Uncle Brian around to stop you from doing that...because you know, deep down you know, you would never stop!” I watch my young son’s chest heave and him lose his fight to hold back tears. “I’m sorry, Dad, I…”

“Andrew, please take him to compose himself. Do you need anyone else with you?”

“His Uncle Brian.” I whisper, and hear him rising.

“We will reconvene upon their return. Court to remain.”

“Thank you, Your Honour.” Brian responds, and, putting both arms around us, he leads us out.

ANITA

“We will sit in silence.” Courtney doesn’t raise her voice, and for ten minutes nobody’s eyes leave the door. Well, nobody but one, he just looks at his nails and yawns. I find this not only disgusting and heartless, but also puzzling. Before I can ruminate some more, the door is knocked on and Courtney opens it, then steps back and nods...what is going on?

Brian comes in first, followed by Peter, and then I have to bite my lip as I see the Judge start to stand.

“All rise!” He orders, and the court stands as one. Even if it does take them a beat more than everyone else to get off their asses, they do stand. Phyllis is absolutely livid, and we exchange exasperated looks. “Take your time, Mr Kinney Fitzgerald, let us know when you are comfortable before we proceed.”

“Thanks, Your Honour.” He is puce with embarrassment while Andrew is beaming with pride, as is virtually everyone in the court. “I’m good now.”

“You may sit.” He orders, and, of course, they almost throw themselves into their seats.

“Your Honour.” Phyllis stands again. “Before Counsel proceeds, may I put forth a request that contempt charges be levelled against Deborah Jane Grassi and…”

“The same for Michael Charles Grassi, Your Honour.” I finish off and see Andrew clench his fist, I would pity them now but I don’t.

“For failure to obey the instructions of the court, you are both found to be in contempt. You will find out what punishment, if any, will be levied at the end of the trial. Counsel, are you ready to reconvene?”

“Oh yes, Your Honour.” She unwisely looks challengingly at Andrew. He never backs down from a challenge. “So you admit that you encouraged your son to approach Mr Kinney for monetary assistance. Anything else?”

“What do you mean?”

“Did you want anything else from Mr Kinney for your son?”

“Just for him to provide for him.”

“You didn’t want him to have a relationship with him?”

“Not after a while, no.”

“So you did and then you didn’t is the correct answer, isn’t it, Miss Grassi?”

“If you say so.”

“I do say so. Do you want another contempt charge?” She shifts in her seat. “I thought not...you said that the money was from your fellow defendant via Mr Kinney. Did you ever ask Mr Kinney for money on his behalf without telling your fellow defendant?”

“There were times I asked on his behalf, yes.”

“Did you ask for the amount he wanted? Or did you ask for some on top? From what I have seen and read, your fellow defendant is not generous, he is Scrooge like in his parsimony.”

“There were times I asked for more, and there were times I approached Bri…”

“Objection!” Phyllis stands up and Miss Grassi is not the only one surprised, but I hide my smile for I know what’s coming. “Over familiarity by the defendant by the use of his first name. Yes, he was Brian Aiden Kinney to them, but they should address him as Mr Kinney during this time, as a mark of respect.” They both adopt the same disbelieving pissed off expression. “Your Honour?”

“Sustained. All parties will, from henceforth, refer to Brian Aiden Kinney as Mr Kinney.” He looks across and chuckles. “Apart from Mr Kinney himself, of course.”

“Thanks for the clarity, Your Honour, I am arrogant enough.”

“Continue Counsel.”

“Thank you. What were you going to do with it, your little nest egg?”

“Leave it to my granddaughter, but my fellow defendant’s behaviour has ended that relationship.”

“Apples and trees, Miss Grassi. To continue, you are a consummate liar, after all you lied about Michael’s dad for years, why should we believe this act of contrition and humanity? I ask because every so often your mask slips.”

“I am not acting. I am trying to right a wrong that…”

“Right a wrong, you say? Just the one? So, when Mr Kinney found out about the books, why was no attempt to apologise to Mr Kinney made? Instead, you have sought to bully and harass Mr Kinney into falling back into your desired place for him. Your Honour, I call the court’s attention to Exhibits 1B and 1C. These are the videos recorded on the night that Mr Kinney confronted the defendants. May they be played?”

“Proceed.”

The court is mostly silent as we watch the video of the welcome back party, but as Mr Miller begins to read the books, the muttering starts and the tension rises. But it is when he starts to speak that it, once again, is silent, and now there is no sign of braggadocio from either of them. In fact, she seems to be going paler and paler. There is some gallows humour respite when they are dragged out by a group of elderly ladies and arrested. The video at the Precinct is even more shocking, especially when she hit him. There was more than of the moment annoyance, there was real hatred behind that punch, and I begin to wonder if Peter’s outburst has some merit. When the video is switched off, Andrew clears his throat.

“I stopped, I didn’t mean for you to start. Those are your words. Not the words of a penitent mother. Is that the first time you have hit your fellow defendant?”

“No, I have cuffed him around the head a few times, but that was…”

“What about Mr Kinney? Have you ever hit him?”

“Again, a cuff around the head when he ran his mouth, but nothing more.”

“Your Honour, I draw the court’s attention to Exhibit 1D. This is a series of recordings of the physical confrontations that Mr Kinney has experienced over the years when he has ‘ran his mouth’ according to the defendant.”

DEBS

My blood is running cold and my heart is pounding as I watch the videos. The sweat is saturating my skin, and I am thankful that I am wearing black. This is looking really bad for me, but I am saving the best for last!

“So, your idea of a cuff around the head was, in the last segments, to slap him across the face?”

“I was very angry at the time.” I reply.

“Back to your lack of apology, why didn’t you try?”

“As I said, the restraining…”

“Oh yes, that. You have one against you for Mr Miller, which is exactly the same as the one for Mr Kinney. I should know, as I drew them up.  But you managed to reach out to him.”

“He had made up his mind.” I sigh. “And those that know him, know that when his mind is made up there is no changing it.”

“And you have never threatened him?”

My mind races but I can’t think of a time. “No.”

“Your Honour, may Exhibit 1E be played to the court? This disproves the defendant’s denial.”

“Proceed.”

I rack my brains to think of when I have ever threatened the asshole, and still I can’t think of a sing…

“...make what your father did seem like a walk in the park!”

I gasp as the memory of that hits me. I lick my lip, tasting rancid sweat and wait.

“As I said, Miss Grassi, you are a consummate liar, even when the evidence was just played to you. May Exhibit 1F be played, Your Honour?”

Oh what fresh fucking hell is this?! Where are they getting these from?! I watch the screen, and at first I can’t place it, but then recognise the hotel and start to cringe. Meanwhile, the dumbass is looking smug, bad idea.

“...syphilis and spread it around?” Booming out from the screen soon wipes the smirk off his face, and I start to smile as I remember what I said. Once the video stops, I look at his asshole attorney.

“You’re thinking that your cautionary words prove that you care? Those words show that you were worried about the trouble you could get into if you spread that around, not the harm it would do to Mr Kinney.” I don’t say anything, for there is nothing to say. “Tell me, if it weren't for the legal action threatened by the family of Lt. Novotny, would you have kept up the lie about your fellow defendant’s parentage?”

“Yes.”

“Why?”

“He needed and needs all the help he can get. His treatment in school could've been worse if they found out his father is a drag queen. That, combined with his loudmouth and thuggish behaviour, could’ve had his ass kicked every day.”

“So you ensured that this happened to Mr Kinney instead?”

“Like I said, I stopped, I had no idea that he had done what he had done until that party.”

“Like I said, apples and trees. You mentioned thuggish, have you ever been on the receiving end of this behaviour?”

“Once, no twice. Both times it was an unprovoked shove. One of which was recorded.”

“Has this been submitted as evidence, Counsel?”

“Yes. Exhibit 2G.” Phyllis replies.

“Would you have an objection to this being played now?”

“No, Your Honour.”

“Continue.”

Okay, so I wasn’t expecting sympathy, but the cold indifference I see in Brian’s eyes hurts.

“Miss Grassi, I repeat, when was the second time?”

“When he came to deliver the court papers. I was shoved hard to answer the door, and Mr Kinney, Pearl and Mami were witnesses to that. He was also verbally abusive after we were ostracised from The Avenue.”

“Not so much fun to be on the receiving end, was it?”

“No. And I deserve what’s coming to me. We all do, I think she got off lightly.”

“Who? Joan Kinney?”

“Yes.”

“Bit callous, don’t you think?”

“No.”

“No further questions. Right to recall, your witness.”

“Any questions?”

“Yes.” His attorney gets up, and he sits back looking pleased.

“Miss Grassi, the books that were in the recording belonged to my client. I assume that you too had a book, where is it?”

“I sent it to the parents of Lindsay Peterson, she is the mother of Mr Kinney’s son.”

“Why?”

“It wasn't a book like those were. Mine was a diary, I lost it and she found it. She gave it back to me some months back for a price.”

“A price?”

“Yes, we came to an arrangement, but I sent it to them with a note to show them what she was really like.”

“Are you insinuating that she blackmailed you?”

“I am saying she did.”

“How much did you pay her?”

“I didn’t, Michael did.” He sits bolt upright and she looks at him in annoyance. “I told him what Lindsay wanted the money for, part severance and the rest for the book.”

“Severance?”

“She turned up occasionally to be his store manager, he paid her $60K for that and then a further $10K, but when Mr Kinney called him one evening he told him that he had to pay her $90K.”

“To what end?”

“He hoped that he would give him the money back. He didn’t, well as far as I am aware, he didn't.”

“Has he always wanted to be more to Mr Kinney?”

“Yes. He wanted to be his everything ever since he met him. He wanted to be his first and last. That’s what he said when he found out that Mr Kinney is monogamous with Mr Taylor. Another case in point, the watch that Mr Taylor is wearing. He tried to keep it because of the inscription on the back, the sentiment behind it, and how much it cost.”

“And that is what?”

“The inscription and sentiment is between Mr Kinney and Mr Taylor, but he told me that the watch cost $35K when he bought it. It’s a vintage piece. I gave it back to Mr Kinney after I found it in Michael’s bedroom. I mean hidden in Michael’s bedroom.”

“Are you saying that he kept other things?”

“You would have to ask him, but if he kept something of that value, who knows what else he kept. But I guess whatever he has kept Brian neither misses it nor wants it back, as he returned everything he ever gave to him.”

I can feel the heat of his humiliation from over here and it warms my soul!

“Thank you, Miss Grassi, no further questions, right to...sorry, one more question. Do you think there is a difference between the pair of you where Mr Kinney is concerned?”

“Who? Michael and…”

“No, you and Joan Kinney. Do you think there is a difference?”

“Yes, because I have nothing to lose by protecting him now.”

“You’re protecting him? Who from?”

“Michael and from her, because unlike her I love Brian, always have and always will.” I don’t look at Brian when I say this, I look at Michael to make sure he gets the message loud and clear: He is on his own!