SIDEBAR CHAPTER ONE- Preparing for Battle

Justin Taylor versus District Attorney Clarence Peters

Melanie stood inside of the Allegheny Court House Conference room mentally playing out the monumental task before her. It wasn't that she didn't have faith in Justin's case- the evidence was overwhelming. But it was that her faith in the justice system was shaken. For Melanie, the principles of truth and justice had been instilled in her from a little girl while listening to tales of the Holocaust at her grandfather's knee. He had moved his family to this country to have a better life. And for a while, she had believed that they did. Although the political climate in reference to gay rights was still a hotbed of controversy, they were making small strides every single day- at least she wanted to believe so. But then the criminal case of Christopher Mark Hobbs began and ended, announcing to all who would listen that gays still had no value as people.

Mel bent her head and remembered standing in that hospital room as Brian delivered the news that Hobbs had only received a sentence of 500 hours community service instead of a prison sentence for attempted murder. Justin, who was ordinarily mild-mannered and peaceful, had been full of rage. She watched helplessly, with tears streaming down her face as the young blond literally tore his room to shreds. She was amazed that with his non dominant hand and arm, Justin had lifted and pushed tables and chairs as if he was Hercules while screaming and cursing and crying. By the time Brian was able to get close to Justin, the staff had arrived to sedate the young man she had come to love as a brother. Melanie's heart had gone out to Brian, whose eyes shone brightly with tears of his own as he held Justin across his lap in the hospital bed, rocking him and offering what little reassurance he could in the face of such tragedy. To say that the whole episode was disheartening would be an understatement, but it had become downright dismal with the gloating and loathsome arrival of Craig Taylor.

Although Craig was informed of the restraining order against him both from the hospital and from Justin himself, the older man had waited until Brian needed to make a few calls and the guards needed a restroom break themselves. It still amazed her that the older Taylor could be so fucking cruel to his own child. Melanie had been coming up the hall of the hospital, intent on re-entering Justin's room when she heard the slap Craig had issued along with his hateful and hate-filled litany. Mel called Jennifer immediately to tell her what happened and Jennifer asked if the case could not only be moved up, but now she was through playing nice with the vicious bastard. Jennifer wanted to be free and clear of Craig Taylor but wanted her children away from him even more, especially Justin. Melanie had assured her that she would do her best to make that happen.

In the meantime, Brian had entered the fray and it took all of her strength and fast spoken words to keep the tall brunet from incurring several lawsuits including destruction of property, as well as Brian being arrested for attempted murder himself. She had told him that unlike Chris Hobbs- a closeted homo who got off for attempted murder, an out and proud gay man like Brian would be a prime candidate to throw the book at for beating a homophobic straight man to within an inch of his life. At first she had feared that her plea wouldn't work, but then Justin had grabbed his arm. Melanie watched in amazement as the fight left Brian at the mere touch and whispered words of his lover. Then watched as Brian tenderly deposited Justin back into bed while settling himself next to him. It was a Brian Kinney that she had never thought to see; never thought he even existed but she was glad that he trusted her enough to let her. Because of that kind of devotion, because of that steadfast and unwavering support from Brian to Justin, Melanie believed that they would be alright. But she knew she needed to do her part to make that happen as well.

The first step in making a wrong right had come two weeks ago while she was sitting within her home office trying her best to avoid another fight with Lindsay. She couldn't stand to listen to the litany of grievances committed upon poor little Lindsay simply because the blonde wasn't getting her way.  Her partner was truly surprising her with her pettiness and vindictiveness towards the innocent party in all of this. The thing that was most troubling was that Lindsay somehow felt that SHE was being slighted. Her behavior was reminiscent of how Michael would act when he was thwarted, and it was hard to remember that she had always thought Lindsay the adult out of the trio that had been friends long before she arrived in their lives. Melanie was still sulking about it when her cell phone rung.

Without looking at the really offending object she was surprised to hear the excited voice of Charles detailing the events of the afternoon. The school board had met and it appeared that with all the testimony the faculty of St. James Academy had been given, the Board decided that Mr. Dixon and Dr. Perkins were made fully aware of the ongoing problems between Christopher Hobbs, Justin Taylor and another as yet unidentified student. Charles was going to ask Daphne about him and see if the young man would be willing to give an account of the harassment he'd been subjected to in front of Mr. Dixon on numerous occasions.

After reviewing testimony and other evidence submitted by Brian Kinney, such as the journal Justin kept for four years prior to the incident, the school board decided to reward Justin for the requested amount in damages. Although Melanie was looking forward to publicly holding the elite private school accountable for their continued negligence of Justin and other students, it was enough for her that they had wised up. Besides, Dixon and Perkins still had to answer questions regarding their own personal civil cases for Willful Blindness. Both were aware that what Chris Hobbs was doing was against not only school policy, but criminal law in Pennsylvania and that made them both just as- if not more so- guilty as the Hobbs boy himself. The monetary damages awarded would go a long way towards Justin's care and financial independence from his asshole father. Or at least it would if Justin could bring himself to leave the loft.

Brian assured her that he was working on it and she believed him. Which was ironic considering their almost-like-hate relationship. They may never be bosom buddies but Mel could honestly say- if only to herself- that Brian Kinney was the most truthful son-of-a-bitch she had ever known. Melanie herself had been to the loft a few times in the weeks since Justin had been released from the in-patient therapy unit of the hospital. Although Justin still didn't let anyone close to him with the exception of Brian, Daphne and Emmett, she could tell that he was making incremental progress. She had made it a point to be there during his sessions with the psychiatrist as well as his joint appointments with Nicole and Miguel. She needed a first hand account of what Justin's life had become since the bashing, but mostly, she needed to see for herself that he would be okay. Mel loved that boy. In the short time since Justin had entered their lives, things had changed for the better. He made them think with his wit and intelligence; spoke positivity into their individual situations and was always there to lend a hand when they needed a sitter of Gus or just moral support that they were doing a good job. It may not have seemed much to Lindsay but to Melanie it was priceless. As a result, sometimes she lived in hope that Justin would make a full recovery, but other days she lived in abject fear that he wouldn't.

Although the judge would not be in the conference room with them, this part of the Depositional phase was no less important. The written statements from each of the participants- willing or not- had been filled out and filed as a written account of what they say happened during the case of Christopher Mark Hobbs which resulted in that unjustified sentence. Today was the day that the District Attorney had to answer for the part he played in the trial.  

Charles had arrived with the paperwork and Melanie smiled as she looked over the additional evidence against Clarence Peters. As an attorney, she had advised the arrogant prick to obtain one of his own. Of course since she was a civil rights attorney and he was a state-paid officer of the court, Clarence had advised her that he would be representing himself. More the fool him, but she figured he would find out soon enough.

Since there wasn't a jury at this stage of the civil trial, Melanie didn't have to worry about proving her case too much. Her star witness would be the videotaped testimony during this phase. There were only so many ways to lie especially under oath. But like it or not, and without a doubt, she expected Clarence Peters to lie worse than a threadbare rug in a gay porno.

Melanie took a fortifying sip of her coffee, watching as District Attorney Peters did the same. Since it was the DA and he was as well-versed in this phase of the trial as she was, Mel decided to treat it as a standard conversation at first before cutting to the meat of the matter.

"Good morning, Mr. Peters. I trust that you're well prepared for the questions that I'm going to ask you about the Taylor case."

"Yes. I am although I'm not sure why he is suing me or the better yet the District Attorney office. I did my job and got the Hobbs boy sentenced. I'm not responsible for that phase as you well know, Counselor."

Melanie nodded amiably. "Well I can answer your question about why he is suing the DA office but I would like to hold off on that and ask you some questions of my own. Is that okay?"

Clarence sat up straighter in his chair before answering. "Sure. I want this case well behind me and I have nothing to hide."

"I'm glad you feel that way, Mr. Peters." Melanie smiled to herself as she thought , I can't wait for this arrogant asshole to shit bricks.

Beginning with standard questions, Melanie asked him to state his full name, age and occupation for the record. Clarence answered the questions rotely as if he'd done it a hundred times. Charles Sands for his part, sat to her left checking his answers against the written account that the DA had submitted. It was time to get to the heart of the matter.

Melanie: Mr. Peters, when were you given the Hobbs case?

Clarence: I was given it after Senator Baxter pushed for the case to be resolved. There was a hold-up in the Pittsburgh P.D. due to ill-staffing and budget cuts. If she hadn't pushed, it would have been close to a year before the case was heard.

Melanie: And how did you feel about that?

Clarence: I was fine with waiting as long as the evidence brought to me was correct and in order. Surely you know how the prosecution loves to take winnable cases.

He chuckled. Melanie was hard-pressed not to yell at him. But instead said, "Yes I do. And do you feel that the prosecution succeeded in winning this case?"

Clarence took another sip of his coffee. "We got a conviction; that's all that matters. No the sentence didn't exactly fit the crime but Chris Hobbs was indeed sentenced for simple assault."

That was the door she was waiting for him to open. As a rule of thumb, she couldn't ask him questions about the downgrade from attempted murder to simple assault unless he brought it up. A baseball bat used in the manner Chris Hobbs had was definitely considered a deadly weapon. Maintaining a conversational tone Melanie asked, "I wanted to ask you how you all arrived at a simple assault charge when there was clearly blunt force trauma to Justin Taylor's skull?"

Clarence fidgeted in his seat before deciding to answer the question. "Since there was no prior criminal history, the prosecutor's office decided that with the right rehabilitation, Chris Hobbs could be redeemed and live a normal fruitful life. It didn't hurt that the young defendant's family was well-connected in the community."

"About that," Melanie jumped right in. "How long have you known the Hobbs family?"

"Pardon me?"

"I asked, how long have you known the Hobbs family, in particular Samuel Hobbs, Senior?"

"Awhile but I don't see what has that got to do with anything."

"Doesn't it though, District Attorney Peters? I'm submitting for your perusal, Counselor, two very distinct documents and a photograph, Can you tell us what they are?"

Melanie watched with satisfaction as Clarence looked upon the documents with abject horror. This was what they needed him to admit that would ensure Justin's win against the state of Pennsylvania. Judge Russo would be more difficult but this was their very first public march toward victory.

"Where did you get these?" Clarence whispered.

Melanie chuckled. "What are they?"

Clarence sighed. "They are the rosters from Dartmouth College and Harvard Law School circa 1988 and the photograph was taken at the Country Club I frequent on my days off."

"And who are the three men in the picture with you?"

Again he swallowed hard under the watchful eyes of Melanie Marcus and Charles Sands. He knew that there was no help for him not to answer this question. Suddenly representing himself didn't seem like the wisest of ideas. "Judge Russo, Mr. Palmer and Samuel Hobbs."

"Thank you for that confirmation, Mr. Peters. Why didn't you recuse yourself from the case of the People versus Christopher Hobbs? You could have done so and still retained not only your friendship with these men but you integrity as an officer of the court as well. So why not do so?" When no answer was forthcoming, Melanie took it a step further. "What were you offered in exchange for taking this case?"

Clarence closed his eyes. "I was offered an appointment to the vacant County Judge's seat."

"Is that all? To become a judge in this state, it not only takes an appointment from another judge, you also have to have the financial backing to buy the election. How much money were you offered? And before you answer that, understand that I've looked over the transcripts of the court case in addition to being present during most of it. There were 132 incidences in which you could have objected during the defense testimony should you have chosen to. Your association with both Judge Russo and Samuel Hobbs would have played a part in why you didn't, am I right?"

Eyes downcast, Clarence answered. "I was paid two million dollars. Samuel thought that I should have some money left over to upgrade my membership to the club and residence. As you know, judges have to maintain a certain image in the community to be taken seriously especially in WASP Pennsylvania."

Melanie snorted in disgust. She had had enough dealings with the WASP nest to last her a lifetime. It didn't help that she lived with one and had seen firsthand just how important image was to those people. "So let me get this straight... YOU an OFFICER of the Court, deliberately allowed your CLIENT to be defamed in exchange for money and social standing?"

"Yes."

"And do you feel any remorse about doing a disservice to the victim in this case?"

"Of course I feel remorse. What kind of person do you take me for?" Clarence exploded then.

"A selfish, greedy, narcissistic opportunist who used a young man's plight for financial gain," Melanie answered, venom dripping from her voice. "Well Mr, Peters, I hope that two million keeps you warm at night because I WILL be forwarding a copy of your testimony to your superiors. Unlike you, I take my career seriously and I would be remissed if I saw the crime of dereliction of duty happening and said nothing. You are dismissed."

The bailiff assigned to the conference room ushered Clarence Peters from it posthaste. He had also had a look of horror and anger hearing the District Attorney's callousness in reference to Justin Taylor. Although he was not gay, he sympathized with the young man. As a black man, there were many instances where he was harassed over something he had no control over. And like gays, he was persecuted simply for being who he was. He secretly wished that the bull dyke lawyer would be able to throw the book at everyone involved in obstructing justice for Justin Taylor.

Since there was a gag order placed on all the participants of the civil trial both before and after the depositional phase, Melanie had no worries that Clarence Peters would talk. But thanks to the interests of Diane Baxter, the FBI was now monitoring the phones of each defendant since this was being proven as a hate crime. Melanie sat back to finish her coffee and got ready to call her next witness. It was going to be a long day.