COURTROOM ONE - AN HOUR LATER

PHYLLIS

“I call to the stand Lindsay Peterson.” As she makes her way back, I see a change in her demeanour. Gone is the pitiful wretch that was here earlier. No, what sits before us is an entirely different animal. “When was the last time you saw the defendants?”

“After they moved into their last residence. They wanted me to find them a place to live near Br...I mean Mr Kinney.”

“Why couldn't they do that themselves?”

“Such as the...admiration and esteem that he is held, no, that’s not right. I mean it's right, but not the reason. My father, Ronald Peterson, I think must have had them blackballed.” She looks across the court and I turn to see who she is looking at, a gentleman gives a nod. “He runs a property company and would've used his connections to get them as far away from Bri...Mr Kinney as he could.”

“I see. And how’d the discussion go?”

“Fine.”

“Objection. Relevance!” Arthur huffs.

“Like my learned colleague, I am trying to show the court the honesty and integrity, well, the lack thereof of the witness, Your Honour.” I ignore the snickering sniff from Courtney and concentrate on Norace.

“Overruled.”

“Thank you. Miss Peterson, answer the question.”

As she contemplates her answer, I think back to when I first heard about this case…

Start of flashback

OUTSIDE ALLEGHENY COURTHOUSE

PHYLLIS

“Jesus, have you seen this?” I wave the court papers under the nose of my clerk, Rupert. Sighing, he stalls my flapping so he can read it then whistles. “I know Arthur put it in, but surely he can't be serious about repping for this “

“The buzz around the court is that they are falling over themselves to get in the seat. Ooh cab! Where are we going?”

“Talbot's.” I tell the cabbie. “Why the scramble?”

“Remember Beringer?”

“God yes, now that was…” I turn to face him. “...they could...I mean if…”

“No if, but when. This is solid, but Beringer was worse. He could be freed early and even get a retrial. They had to make an example. Morris tried to reason, but back then there was too much against him.”

“Keep an eye on that, I want in.”

“You are not the only one…”

End of flashback

“Miss Peterson, let me try this another way, did you or did you not infer to them that the baby you are carrying is Mr Kinney’s?” I take a quick look at Mr Kinney as he leans across to whisper to his partner, who looks at his crotch and grins, and a thought occurs to me. “Have you slept with Mr Kinney?”

His head whips around and he looks at Arthur who shrugs.

“Yes. It was…”

“I mean to get pregnant. Did you sleep with him?”

“No. We made love in college, and...”

“And that was, I mean is a source of tension between you and Mr Grassi?” She cuts her eye at him and briefly looks pleased. “So you used a lie to taunt him? How did he react?”

“Not well. He flounced out in floods of tears before squaring up to me when I was leaving.” A murmur ripples through the court. “But his mother stopped him from doing anything else, although not before he told me that he hated me and always had.”

“Charming.”

“Wasn’t it though? I was worried for my baby, it has to be said, it shook me up as he has only displayed that side of him to Mr Kinney. But with words as opposed to deeds.”

“He has never been violent to anybody?”

“No. Oh wait, yes, he assaulted his former civil partner, Benjamin Bruckner, but no charges were levied.” The mutterings get louder.

“How did he assault him?”

“He shoved him in the chest a couple of times and was verbally abusive because he didn't want him to leave the diner that Mr Kinney owns. But that's his modus operandi, he picks on people who he knows will not strike back. Mr Kinney through a misplaced sense of loyalty, Mr Brucker because of his status, and myself because of my condition.”

“A condition that did not stop you from attempting to attack your then wife during the mentally deficient meeting at Kinnetic offices. Do you deny that?” She colours up before closing her lying trap and looking down. “If the court could record her silence as a no denial.”

Courtney nods. “Duly recorded.”

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

“Any questions from either of you?”

“Not yet.” Andrew retorts, and she almost swallows her face in annoyance, and, despite him tapping her again, Anita shakes her head.

“Prosecution to proceed, please call your next witness.”

MICHAEL

I can’t wait till I get on the stand! This attorney is next to useless! She has let them say so much crap about me without explaining anything. Why hasn’t she mentioned my Munchausen?!

“I call to the stand Dr Trevor Morris.”

I want to shout at Fucktoy because of the way that Brian is looking at him, that is the look that says he wants him and he wants him badly, I know my best friend! After he gets sworn in he spouts about himself for a bit, and to be honest, he may look good but he is boring as hell! I sigh as Anita prods me in the side to get me to pay attention, so I look in his direction at least!

“So, Dr Morris, what is your medical opinion of this whole sordid affair?”

“There are many opinions that can be formed over this, but the most important one is that they are abusers of Brian Kinney and each other.”

Now he has my attention!

“How do you mean?”

“They feed off of each other’s negativity, hatred and low self worth.”

“Can you explain this to us?”

“Like it is the ambrosia of their existence. They surround themselves with negative energy, I believe their goal is to destroy the happiness for every person who is in their lives. In order to feel really good, they have to belittle everything and everybody. There is this wrestler, The Miz, and he has a saying to the audience. When my hand goes up, your mouth goes shut! It’s the same with them, as long as those in their lives are miserable, they are happy.”

“And is that a symptom of anything?”

“Not a symptom, just part of their toxic personaes. Unlike The Miz, his persona stays in the ring, I understand he’s a teddy bear outside of it.”

“So, this Munchausen by Proxy that the defendant Mr Grassi claims to be suffering from….”

“We all know that he doesn't suffer from Munchausen by Proxy, and he never will. In his attempt to leave this courtroom as a free man, he forgot something. He forgot that he has to cause harm to Brian Kinney, not to cause others to harm to him. And as for his attempted suicide, I again call him out on it. I looked at the wounds. They were too deliberate, too measured, as if he was following a script. I suspect he read it on the internet and decided that this will do. They are convincing from the standpoint of there are wounds, and if you aren’t an expert such as myself and the doctors, you would be fooled. But they are not the cuts of someone who self harms for a cry for help, they were cuts of someone who tried to duck out of responsibility.”

“No it wasn’t!”

“Silence and sit down!” The Judge barks.

“Your Honour, if I may ask a question of the defendant?”

“It is most unusual, Dr. Morris, but proceed. The defendant will remember that he is still under oath, no matter where he is sitting.”

“Yes, Your Honour.” I almost spit, but again she jabs me in the side.

“Why now? I mean, I know why now, but what is your reasoning for hating…”

“I don’t hate Brian!” I bite out.

“You do hate him, but why not self harm at the height of the abuse?”

“I used other ways of coping.”

“Such as?”

“Drinking, partying, doing drugs and indiscriminate and anonymous sex.”

“And this started when?”

“As far back as I can remember. I was hearing…”

“Voices telling you to do these things, telling you to cut?” I nod. “So, not only do you not have Munchausen by Proxy, you also don’t have a sliding doors parallel life. You have described Mr Kinney’s lifestyle, one you were too afraid to replicate, so you lived through him. And another thing, the height of the abuse was during his formative years. A coddling and overly protective mother such as herself, would've noticed her only child being a drunk and an aspiring drug addict. So once again you have been called out and found lacking. It is also my professional and personal opinion that if you and Mr Kinney had maintained the friendship, you would've killed him.”

“No! No I wouldn't have, I wanted a life with him!”

“On your terms…”

“Don't speak to me in that tone of voice! Who do you think you are?!”

“Who do you think you are?”

“Who am I? I am Michael Charles Grassi, an innocent in all of this! My behaviour is a result of my upbringing, just like your snotty behaviour is a result of your bourgeoisity. I bet you have never known hardship, sufferance, rejection and…”

“Bourgeosity is not a word recognised by society. So what is it Munchausen or upbringing? While you try to keep your lies straight, I will tell you who I am. I am someone who sees right through everything about you. It will be fun to watch you be decimated. Now, I have listened enough.”

“I haven't finished talking! I have the right to…”

“Silence or be held in contempt!” Courtney declares. “And sit down, nobody said you could stand!” I think about defying her, but Anita pulls me back into the seat, then Courtney signals a guard. “And he will ensure that you stay seated until you are removed from the court!”

“Thank you, Miss Loveless. Mr Fitz…is there something amusing you, Mr Grassi?!”

“Nothing I care to share, Your Honour!” I reply tartly, and look daringly at him but he turns back to the court.

“Before you continue, Mr Fitzgerald…” He looks back at me. “...I advise that you do not goad me, Mr Grassi. I have been a judge for many a year and I will be unflappable and implacable in the face of whatever you wish to throw at me. They call me the Elephant Man, not for my visage, which no doubt is your thought process, but for my ability to never forget an infraction, a contemptuous remark, or borderline behaviour.” I try not to quail under his cold stare, but feel sweat trickling down my back. “Prosecution to continue.”

“Thank you. Dr Morris, if I may take you back to something you said to Mr Grassi….you said that he would've killed him, what did you mean?”

“I mean that he would've let Mr Kinney continue to live his life in a dangerous way, until it killed him. Oh, he would've basked in the glory of being the grieving friend and the attention it gave him, but he would rather have seen Mr Kinney die going out in a blaze of his reputational glory than as he is now...but with one major difference. He still maintains his reputation but only for one person.”

“Thank you, no further questions at this time, right to recall. Your witness.”

“No questions for me.” Anita states, and I can’t believe it!

“Nor from me.” Ma’s attorney twirls her pen and Ma is smiling.

“I call to the stand Brian Kinney.”

I grind my teeth as they take their time releasing each other’s hands like Heathcliff and Cathy, and, of course, the press goes nuts taking pictures! For once, Ma, Lindsay and I are joined in a common emotion, one of revulsion at their sickly display!

“Do you regret meeting the defendants, Mr Kinney?”

“From the point of view of what they did, absolutely, but taking out that, no I don't. The same for Miss Peterson. For how she behaved, yes I regret meeting her and sleeping with her, which was a drunken half assed fumble, but I don't regret her having Gus. Not for one minute.”

“No further questions. Your witness, right to recall.”

“Questions, ladies?”

“Yes.” Anita stands up.

ANITA

“Mr Kinney, what are your thoughts on Dr Morris’s testimony? Do you think that what he said is true?”

“Which part of it? Him allowing me to live my life with no apologies and no regrets? It is true he did that, they both did and I thank them for it…” He holds up his hand when there are gasps and whispering. “...I thank them because it made me a better person...” I look at Michael and his mother and they both puff themselves up, but something tells me that he’s not quite done. “...I stopped behaving the way I was, I just let them think that I was who they wanted me to be.”

“So you weren’t out every night getting drunk, taking drugs and having anonymous sex? He was with you most of the time and…”

“Water or ginger ale, placebos and scheduled appointments...being the owner of Babylon does have its advantages.” He stares directly at a flabbergasted Michael. “Yes, admittedly I still did get drunk occasionally, but not as much as I used to. They were too up their own asses to notice for a while, and when he got married, he concentrated on that relationship, and I think that's when she began to notice the difference in me.”

“You described the love making with Miss Peterson as a half assed drunken fumble. Have you ever interacted sexually with my client?”

“We were interrupted doing a handjob when we were in our teens by his mother, and there have been a couple of drunk or high kisses, but nothing ever when I was sober. I am not a fan of Duil Filcher...”

I look over my shoulder as Michael huffs incredulously. “Why does that warrant that response from him?”

“It’s the name of another legend in Baylon, someone known for his prowess just like me.” Again, there is the glint in his eye. “It’s also his porn name...and a source of amusement for Justin and me.”

“Because?”

Michael is very still and the court silent.

“Duil Filcher means desire stealer, and I gave Mr Grassi that name around Babylon.” He is now gurgling and his mother smiling and nodding.

“I see.” I tighten my grip on my pen, as out of the corner of my eye, I see the guard move closer to Michael since he looks like he is going to pop, but I have dinner plans, so I smile brightly. “No further questions, your witness.”

“Thank you.” Phyllis approaches the stand. “Mr Kinney, you say that my client must have noticed the changes in you, how did that manifest itself?”

“As she said previously, she would demand more and more of my time and my money, and one day I just got tired of it so decided to break away from them both.”

“What was the straw that broke you? What made you say enough?”

“I got sick, but they, especially him, dismissed it as me fucking and sucking all night, trying to get my rights to Gus back as well as building up Kinnetic at the same time. He wanted me to…”

“And it wasn't?” I interrupt, and although he looks surprised, he doesn’t react in any other way.

“No, I had cancer, in my testicle.”

“Oh, Kiddo, why didn't you tell me?!” Debs cries out, but he remains impervious to her declaration. “How did you not notice, you asshole?!” She rounds on her son. “You were with him all the damn time!”

“Silence!” Norace orders, and she sits back but remains fixed on her son, who looks anywhere but at either of them.

“You are all clear now?” He nods. “Glad to hear it. Sorry to have interrupted you previously, you were going to say?”

“That’s alright, I was going to say that he wanted me to stop asking Miss Peterson and Mel, I mean Ms Marcus, for my rights back, I only got them back when I made it clear that I would take them to court. And that I would win.”

“Why would he not want you to fight for your son? He had his rights to his daughter after all.”

“Because, now that I come to think about it, he wanted us to be a family, Me, him and Jenny. He always got me to pay support for her, saying he would pay me back...but never did.”

“What about his Ma, surely she would've been included in that family scenario?”

“Don't think so. When Dad, I mean Mr Miller, left, he was pleased as she could focus on him, I guess he hoped that I would put her up somewhere and it be us.”

“Do you think he has any regrets over his part in this?”

“Nope, neither of them do, not really, but as I said from the outset, because of their treatment, I am who I am for the man I want to be that man for, and he is Justin Taylor. It will never be anyone else. Mr Grassi is in Lalaland if he thinks that it would ever be him or could have ever been him.”

“No further questions. Right to recall, your witness.” Phyllis returns to her seat with a small smile.

“No questions.” I then stand up. “Your Honour, may I suggest that we end the day now?”

“Yes. Granted unless anyone has an objection.”

“None from me.” Arthur replies.

“Nor me.” Phyllis nods.

“Court is dismissed!” Norace announces.

Naturally, the only person who looks disheartened is, of course, my idiotic client! Why can’t he see that I am trying to keep him out of jail...for now.

OUTSIDE COURTROOM ONE - TWENTY MINUTES LATER

BRIAN

I have him pinned against the wall. The corridor is deserted and we’re waiting for Frederick to bring the car around.

“How you feeling?” He kisses my Adam’s apple.

“Hungry...” A door opens and he comes out with his guard. “...and horny, so very horny. How about you?”

“Always hungry and always horny where you are concerned…”

“You two are…” He begins.

“Messrs Kinney-Taylors, I am ready when you are Sirs!” Frederick calls out, then holds the door open for us.

“How pathetically in love you two are...not!” He snaps, and he tries to push pass us but his guard hauls him to a halt.

“Call us pathetic as much as you want, but let's be honest. The epitome of pathetic is none other than you…” I sneer and look him up and down. “...Duil Filcher!”