5YL Let the Encore Commence

Part 4

Once they were brought into the room, Santana looked over at Wes since Miss Strauss wasn't the only person there, another gentleman was there as well. "Miss Lopez, thank you for coming today." Miss Strauss said as she extended her hand. "And you are?" She asked as she looked at Wes after the handshake ended.

"Wes Montgomery." He replied, extending his hand as he did which she shook. "Santana asked me to come for moral support."

"That's very nice of you considering the circumstances, but why does your name sound familiar to me?"

"He's a good friend of the Anderson-Smythes." The gentleman stated. "Mr. Douglass." He continued which seemed to put them each at ease now knowing who he was. "I'm here to ensure Blaine's and Sebastian's best interests are looked after since Mr. Smythe was unable to make it."

"Blaine and Sebastian have spoken highly of you." Wes said as the two shook hands, prior to him shaking hands with Santana. "I don't doubt you'll do just that, otherwise Xavier never would've reached out to you."

"That's good to hear, and I don't take it lightly that Xavier trusts me to look out for his family." Mr. Douglass said before they all took their seats.

"Santana, are you comfortable discussing this matter in front of Wes?" Miss Strauss asked as she reached for a pen.

"Yes, as Wes is fully aware of the situation at hand." Santana told her.

"Very well then. Now, you understand why we asked you here, correct?"

"Yes, though you should know the instant Kurt sees me, he's not going to be happy." Instantly Miss Strauss looked at Mr. Douglass who was smiling. "I take it you're not surprised by that."

"Not in the slightest, though I doubt it will compare to his reactions whenever the Anderson-Smythes are present."

"She's got a point Santana, as you know Sebastian is higher up on the list than you." Wes chimed in, earning him a look from Santana who smiled.

"True, but I'm pretty high up there. Probably only Thad and Hunter surpass me."

"You might want to add Jeff too, hard as that may be to believe."

"Fine, that still puts me in the top five." She said rather proudly to him before looking back at Miss Strauss. "Essentially, if you show any support for Blaine and Sebastian, you're on his hit list. Though our issues started long before Sebastian was a part of his life. Once the two separated, I couldn't take how he put the blame for everything on Blaine, as I knew Blaine wasn't the person he was describing. And while Rachel was able to ignore his comments a bit more, I wasn't. Then after I found out what was actually happened, I didn't refrain from letting him know what I thought of him. He played us all, yet Blaine paid the harshest price for it." Tough as Santana could be, she also had a big heart which was rearing it's head as Wes handed her a tissue. "Sorry."

"It's quite alright, you don't have to apologize for how you feel." Miss Strauss told her. "Given how you feel, will you be able to stay on point?"

"Yes. While Dave and I haven't had a lot of contact since graduation, we've kept in touch, social media and all. Plus, we've spoken when we've each been back home at the same time. He and I each dealt with accepting who we are, in similar ways, which wasn't necessarily pretty."

"Do you feel Mr. Karofsky did this out of spite or by chance made up this accusation?"

"No, as Dave has nothing to gain from all this." Santana said in response. "While I know its hearsay, according to Rachel's Dads he was pretty disturbed by it, which is why he reached out to them. And they in turn put him in contact with Xavier."

"Yet he could've ignored it." Mr. Douglass stated. "Any thought as to why he may not have?"

"Let me put this simply, I was a bully in high school, so was Dave. Yet once the tables got turned on us, as we were essentially outed, things changed and…" She then paused to take a deep breath before continuing. "Dave got ridiculed so bad he, he attempted suicide." She then took another deep breath, this time she glanced at Wes who'd placed his hand over hers on the arm of the chair. "So with it being no secret the hell Blaine went through, in good conscious Dave couldn't ignore something that he felt was wrong or could endanger Blaine in some way."

"That bit of background certainly puts a different perspective on what Mr. Karofsky had to say in his affidavit." Miss Strauss responded. "By chance do you know if Blaine and/or Sebastian mentioned this to Xavier?"

"No ma'am, I don't as they tend to not talk about their issues with Kurt, and we try not to bring up the topic knowing it typically ruins the mood." Santana told her. "You've clearly met them, so you know how Blaine feels about this and how protective Sebastian is of his husband."

"Just as Blaine is protective of his husband, feeling if it wasn't for him Sebastian wouldn't be dealing with this." Mr. Douglass added to which Wes and Santana each nodded. "We're well aware of how they feel about this. They want to put this behind them, yet Mr. Hummel's behavior doesn't allow for that. Has he always been this irrational?"

"Unfortunately, but it varies depending on the cause."

"Understandable." Miss Strauss said to her. "Now given everything you've said, be prepared to get hit pretty hard on cross-examination as Mr. Jones' job is to discredit you." After Santana nodded, she turned her attention to Wes. "Should need be, would you be willing to speak today Mr. Montgomery?"

"Absolutely. Though you should be aware I do have history with Kurt as well, but it's nowhere as volatile as his history with Santana."

"That's because you rarely had contact with him once he and Blaine were married." Santana stated. "Trust me when I tell you, he tried to get Blaine to cut you from his life."

"I know, just as Blaine was aware of it. Yet he refused to give up his last connection to that part of his life."

"Do you mind me asking why Blaine didn't fight harder?" Mr. Douglass asked.

"Given Blaine's history, there's only so much he could take and while Kurt continued to push, his friends didn't make it harder than necessary on him." Wes said in response. "Although they hated what was happening, they knew it wasn't necessarily Blaine's fault, Kurt manipulated him. A pretty shitty thing to do to the person you proclaimed to love, and who would do essentially anything to make you happy. Little did we all realize the extent of it, which was the one thing that was making Kurt the happiest, was destroying Blaine." Once again Santana wiped at her eyes, as the emotion in Wes's voice was having quite an impact on her. "I'm sorry Santana."

"It's okay, I just hate that I didn't see how bad it was and that…" The moment her voice cracked, Wes finished her statement."

"He felt like he couldn't turn to any of us, trust me." Santana nodded. "Trust me, I know the feeling. Just as what we're feeling right now, should be all the reminder we need of why neither Blaine nor Sebastian want to talk about it." After agreeing with him, she gave his hand a squeeze before looking back at Miss Strauss.

"Sorry."

"Don't be. Simply because Blaine and to a lesser extent Sebastian have had to deal with his behavior, I don't discount the affect it had on those around them. I've been doing this far too long to not acknowledge it goes beyond the initial victim."

"Rachel's therapist said something similar to her." Santana told her. "Given how I reacted, maybe I should go talk to someone too."

"If individual therapy isn't your thing, there are support groups around which can help you." Miss Strauss told her before going into a drawer to get a card to give not only her, but Wes. "Should you be interested."

"Thank you." Santana replied, echoed by Wes. "Anything else we need to know?"

"Make sure you address all your answers to me or Mr. Jones, don't engaged Mr. Hummel, difficult as that may be."

"That's one thing Sebastian's mentioned."

"Given the comments made, he's done remarkably well regarding keeping his emotions in check. And the times he hasn't been able to, personally, I feel he was justified, even if losing control in the courtroom isn't wise." She then slowly rose from her seat. "Ready to do this?" The two confirmed that they were and were soon standing, and ready to follow Miss Strauss and Mr. Douglass into the courtroom.

When the four of them made their way into the courtroom, Mr. Jones and Kurt were already inside. "What the hell are they doing here?" Kurt exclaimed loudly enough that Wes and Santana heard him, and he was met by a signature smirk from Santana.

"She is listed as a potential prosecution witness." Mr. Jones replied calmly. "As for him, he's not listed on any of my sheets. So, I don't know why he's here."

"Can't you make him leave?"

"No, as this hearing is in open-court Kurt. The only time the courtroom gets closed to the public, is when Blaine's in attendance and there is a chance of your divorce being discussed."

"That's not fair! Why does he get protected and I don't?"

"It's not necessarily about Blaine, it's about the divorce being sealed." Mr. Jones told him. "If you recall, Blaine's been in attendance a couple of times, yet only the last time the courtroom was closed to the public."

"It's still about protecting him."

"Kurt, do you really want the general public aware of the details regarding what you put him through? They already disapprove of what you did, do you really want to give them any more ammunition." Begrudgingly, Kurt had to admit he had a point. "With that said, you need to control yourself since undoubtedly, there will be reporters in the gallery, as have been each hearing."

"Can you at least get them out of the courtroom, since their reporting is hurting any chance of me getting a real job?"

"Unfortunately no. And while I understand how those reports could possibly hurt your job prospects, they're simply reporting your behavior which has been less than stellar. Honestly, you should be grateful Judge Watkins hasn't held you in contempt again considering how you've behaved."

"Blaine and Sebastian haven't been much better."

"Kurt, you provoked said behavior, Judge Watkins even stated as much, while still scolding them. Until you start taking responsibility, you're going to have to keep coming back to the city and standing before him."

"Again, that's…"

"Not fair?" Kurt nods. "In your mind, maybe, but you haven't shown the court any regret or remorse for what you've done to the Anderson-Smythes. Until you start making believable strides and behaving in court, you're going to continue having to come to court for progress hearings." Unsurprisingly, Kurt looked perturbed by what he'd been told. "Are you going to be able to behave?"

"I'll try."

"You have to do better than try Kurt, particularly after what happened last time."

"Why is she even here?"

"She's a character witness pertaining to an affidavit which was submitted to the court."

"What affidavit?"

"It was brought to the Assistant District Attorney's attention, you were spotted doing research pertaining to Blaine."

"Excuse me?" Kurt exclaimed loudly, drawing all attention in the room to him. "Who supposedly witnessed this?" The fact that he didn't deny doing so, was a shock to Mr. Jones given how Kurt usually denies everything he's accused of, even things they have substantial proof of. "Tell me who?"

"Dave Karofsky."

"He'd never do that to me, this is some ploy on Smythe's part."

"Kurt, there's a notarized affidavit, plus video of him giving his testimony."

"Who interviewed him?"

"Does it matter?"

"Yes, because if it's Smythe's Dad, he probably twisted the situation."

"While Mr. Smythe was present, he didn't conduct the interview. A member of the Manhattan District Attorney's office did." While clearly prepared to object, the latter portion of his statement stopped him. "You have to know, this isn't going to go over well with Judge Watkins."

"I was merely making sure I wouldn't cross paths with him."

"Nice try, but you live in Ohio while Blaine resides in New York." Mr. Jones stated. "Furthermore, you tried that argument once before and it didn't go over well. Need I remind you, he recommend you not search what Blaine was up to. It's one thing to know something because he made the entertainment news, another to search said news out."

"So, I'm not supposed to know if or when he's coming to Ohio?"

"No, but outside of him or Sebastian visiting family, you'll hear about Blaine in particular coming to Ohio. And just a reminder, you know you're barred from seeing him in concert, even a large…"

Before he could finish his statement, the courtroom doors were closed and the bailiff made his way into the room and asked them all to rise. Once they were standing, Judge Watkins made his way in and Wes glanced over at Santana who was looking directly ahead. After being told to take their seats, she leaned over to him and stated he was certainly as intimidating as Rachel implied. "Here we are once again to get a status on Mr. Hummel's progress, as well as address any issues that may have come up since last time. Miss Strauss, do you mind if we address Mr. Hummel's progress before addressing your concerns, as you seem to have quite a few?"

"No, your honor." Miss Strauss replied before opening a folder before her, and then picking up a pen.

"With that dealt with, Mr. Jones, I'd like to discuss a few discrepancies in the report that was filed with this office." Judge Watkins stated. "Per the documents, over the last seven weeks Mr. Hummel has missed three therapy appointments and fell a bit behind on his assigned hours. What is the reason for this?"

"Regarding the appointments your honor, one of them was because his therapist was ill." Mr. Jones replied causing Judge Watkins to look at the report once again.

"Alright, I see an annotation here for one appointment but that doesn't excuse the other two." Judge Watkins told him. "Mr. Hummel, care to explain?" Mr. Jones looked at Kurt, so she slowly rose to his feet. "I'm waiting."

"For one appointment, I missed it due to an accident on my way there." Kurt said to him. "By the time I would've arrived, my scheduled time was over."

"Did you call your therapist?"

"No your honor, as my car doesn't have Bluetooth and it's illegal to use a phone while driving."

"Fair enough, yet that doesn't stop you from calling once you arrived home." Judge Watkins responded. "You better be telling me the truth Mr. Hummel, because if the accident was as bad as you state, there will be a police report."

"I am your honor."

"And the third missing appointment?"

"I was sick your honor, and slept through my appointment." Kurt replied. "While it's hard to prove an illness, you could call my Dad as he sent me home sick from work."

"We'll do just that, as I made it clear, missing appointments would not be tolerated." Judge Watkins told him. "Does the sickness at least account for the lacking in your community service numbers?"

"Two days, but the numbers would be lower anyhow as you normally see me monthly and, this time it's shy of two full months." Kurt said, causing Santana and Wes to exchange a look of disbelief.

"For your information Mr. Hummel, that bit of information was already taken into account. If you continue this current pace, you will not make your deadline."

"I'll get it done your honor."

"You certainly will, otherwise you will find yourself locked up once again." Judge Watkins stated. "Why did your pace drop off Mr. Hummel?" Kurt looked down before looking at Mr. Jones. "He won't have the answer Mr. Hummel, only you are capable of answering my question. So?"

"I'm not sure."

"Mr. Hummel, that is not an acceptable answer."

"I'm sorry your honor, but that's all I have."

"You have to do better."

"Don't you think I know that!" Almost instantly, Mr. Jones rested his head on his hand, knowing what was coming next.

"That tone will not be tolerated in this courtroom Mr. Hummel." Judge Watkins stated after using his gavel to stifle anything from the gallery before it got started. "Do I need to go over acceptable behavior with you once again?"

"No your honor, I'm sorry."

"Actions Mr. Hummel, actions." At Judge Watkins words, Wes and Santana exchanged another look, as Kurt looked much like a scolded child.

"Yes your honor."

"Be seated." Judge Watkins said before turning his focus back to Miss Strauss. "Miss Strauss, the floor is now yours to address your concerns." He then looked back at Kurt and Mr. Jones. "I expect no interruptions while she speaks." His statement was made as Miss Strauss rose from her seat. Mr. Jones acknowledge the statement while Kurt sat quietly. "Miss Strauss, you may begin."

"Thank you your honor." Miss Strauss replied. "It has come to my office's attention that Mr. Hummel has not only violated terms of the order, but has taken part in some disturbing behavior." Judge Watkins glanced over at Kurt before bring his attention back to her. "First up, while the Anderson-Smythes were in Paris during Sebastian Anderson-Smythe's break from Law School, Mr. Hummel made derogatory comments on social media regarding an event they took part in." She then handed a folder to the bailiff to give to Judge Watkins. "These are the comments he made which have been submitted as evidence A to the court."

"Have you seen these comments Mr. Jones?"

"Yes your honor."

"Not a wise decision on your part Mr. Hummel."

"While I have made him aware of that, his statements were rather vague." Mr. Jones said in response. "Never once did he mention either by name."

"Although that may be true, it doesn't take a genius to connect the dots." Miss Strauss stated. "These comments were made in direct correlation to the Anderson-Smythes appearance at the Paris Fashion Week closing gala. If you look at page two, you will see evidence of this, as his statements directly relate to pictures that were released which coincided with the live feed. Note, the vague comment which clearly refers to Victoria Smythe after she joined her son and son-in-law." As she spoke, Santana reached over and placed a hand on Wes's, thankful he convinced them all to stay out of it. Enjoyable as it would've been to mess with him, it might've hurt the ADA's case.

"Do you have anything to say for yourself Mr. Hummel?" Judge Watkins asked, as he continued to compare the pictures to his statements.

"It was a lapse of judgment your honor." Kurt replied as he rose from his chair. "I hadn't expected them to be there and, reacted poorly. Yet, I never mentioned them by name."

"No, but Miss Strauss is correct in that it doesn't take much to see the connection, especially given how you tagged your comments." Judge Watkins said. "What is it going to take to get through to you Mr. Hummel that you are not to speak of or about the Anderson-Smythes in any matter?"

"I was frustrated your honor."

"Frustrated or not, you don't have the freedom to do so. And for the record, your snide comment regarding Victoria Smythe, was uncalled for as well."

"But I was vague your honor."

"Your honor, while he might believe his comments were vague, others clearly made the connection as Blaine Anderson-Smythe's fan base discussed the comments. Plus, friends of the Anderson-Smythes took note of them also. If you go to the tab, you'll see people outside of those close to this matter put the pieces together."

The longer Judge Watkins read, the more uneasy Kurt became causing him to look over at Wes and Santana. Considering how the ADA was presenting this matter, Kurt could only imagine how she was going to present Dave's statement. For as subtle as his actions seemed in his mind, he'd clearly pushed his luck farther than he realized.

"Do you have anyone here that can speak on this matter?" Judge Watkins asked, causing Miss Strauss to look back at Wes and Santana who nodded.

"I do your honor, would you care to speak with one of them?"

"I would. Please have your witness take the stand."

"Very well, I call Wes Montgomery to the stand." Once Wes stood, Santana couldn't help but smirk as Kurt's face fell. Wes was the last person he wanted speaking considering how eloquent he could be while managing to keep his emotions in check, yet getting his point across.