"You call that strategy?" Pete Garrison was furious.
Will called an immediate recess to figure out what to do. He has Arnold Donnelly shooting him glares across the hall. He never wanted to take this case. He did it as a professional courtesy. Now he's gotten in so deep he's willing to pull out all the stops…just to win.
"We're okay. We just need to get in touch with Jared and we'll clear all this up."
"He outed the guy. The guy's had this secret all through high school and now college. Three months away from graduation and he's outed."
To Will's knowledge, he wasn't aware that any of his family would've known. He saw Arnold coming towards him.
"Gardner."
Will folded his arms. "We need Jared." "No way. He's been outed, my son is not gay."
"All do respect Arnold, he was outed in a court of law. If it's not true, Nate Houseman lied on the stand."
"Then he's lying, hold him in contempt." "I can't do that." "And why the hell not." "I need to prove it, I need Jared."
"If my son gets up there and the court makes a sham of his character, I'll make sure you never are allowed in a court room again."
Will's face softened. "Are you threatening me Arnold?"
"Nope…promising."
Alicia had skipped lunch since she was preparing for court. She finally found a diner that was quiet enough for her to work. Her phone kept buzzing as she ordered lunch.
WHO IS THIS
Unbeknownst to anyone on the case. Alicia had gotten Jared Donnelly's contact information months before.
ALICIA CAVANAUGH…WE SPOKE A WHILE AGO, I'M WORKING ON THE CASE AGAINST YOUR FRATERNITY, PHI BETA SIGMA.
She was getting nervous that she had to reintroduce herself. The entire case, guilty or not guilty, rested on Jared Donnelly's testimony and what was really going on.
WHAT DO YOU WANT
It was like pulling teeth to get any information out of him, something she was only prepared for when actually being in court.
TESTIMONY, THE SAME WORDS YOU SPOKE TO ME A FEW MONTHS AGO. YOU AGREED TO TESTIFY, REMEMBER?
Alicia's phone started ringing. "Jared."
"I heard what happened."
Alicia was surprised but then realized how social networking worked. "I'm sorry about that." "I was planning to tell my father when I was done with school. I know he would've taken the tuition away and I'd be unable to attend."
"I know this is asking a lot."
Alicia's food was delivered, she looked up to see Will coming towards her table. He took the table beside hers.
"How bad was I outed."
"Made to think you're homophobic."
"What!?" He objected. "I'm not homophobic, that's ridiculous."
"Then prove it, testify."
"But my dad…" "You were named in court as a homophobe, you will be called to testify. Either by me or the defense, Will Gardner."
Will looked up from his phone, smiling at Alicia when he heard his name.
"When?" Alicia checked her watch. "There is going to be subpoena to you in about fifteen minutes. We go back in an hour."
"Alright." Jared was silent. "Are you sure you need me to testify." "Jared, your name was spoken in a court of law, you are required to testify or you will be held in contempt. You'd spend a night in jail…"
Those words convinced Jared. "Okay."
"When you get to the courts building, text me, I'll walk you into the court room."
"Alright."
Alicia slowly put the phone down. Every part of that phone call she hated. She had to basically tell a kid about to graduate college, really start his life to tell his friends and family he's gay and afraid of being so open and honest.
"How's Logan?" Will switched seats, now sitting across from Alicia.
"Logan is good, he's strong." "This is the case he's been waiting for, I'd be a nervous wreck getting this far." "In the court room, he's strong. In my office he's a basket case."
"How are you doing?"
Alicia smiled, he was always making sure she was okay. "I'm okay. A bit tired." "You know I can have Cary…" "Nope, this one is all mine."
"It is. I"m proud of you for taking this case…as hard as it's been, you've shined in the court room."
"Oh really?" Alicia was thinking about his face and him stammering through cross when she walked in wearing the cream colored outfit.
Will looked around, the restaurant was crowded but he didn't recognize anyone. He half stood, giving Alicia a passionate kiss…lasting long enough for both to catch their breath.
"I miss you." Will leaned his back on the booth.
"Feels like we haven't seen each other in weeks."
"Yeah, I know." He gave her a devilish smile.
"Will?" She knew the look of him planning something, but he knew now to be mysterious.
"After all of this is over…we take a weekend for just us."
"Will, this trail for go for months."
"I doubt it, after today it'll be over by tomorrow." "Why so sure?"
"I never thought for a minute that Pete Garrison was guilty, but someone in that house is. It's just proving who it is and Jared Donnelly proved it. We just have to find him."
Will saw Alicia's eyes go right to her food.
"You have Jared, don't you?" "Define have?"
"Alicia…"
"I might."
"Come on…"
Alicia swallowed her last bite of food. "Will, I cannot talk to you about witnesses. You know that." "I'm going to be cross examining him anyway."
"As the prosecution…sorry, Will. We're not on the same team."
There was a long pause between them.
"Reason for the change of clothing?" He gave her a stare, his eyes fixed on her.
"I like the color."
"I know you do…and so do I."
"Then we both win." Her voice was not as soft as it was before. "Alicia, we are on the same side of this case."
"No, Will, we aren't."
Alicia was quiet when she packed up her work and paid for the bill. She always wanted to feel equal to Will, especially now that they are together. In that moment…she did not.
Cary met up with Kalinda outside the courtroom. "Please, tell you got Jared." "I got Jared." "See, thats why we work so well." He went to give her a kiss…
"But not for you. Jared is testifying for Logan…against Pete Garrison." "But he's in the house, Pete Garrison is representing the house."
"Not anymore. Jared's father found out about his alternative lifestyle and he's out of the house. His tuition for his last semester is paid for, so he'll graduate, but he no longer has ties to the house."
"He can do that?" "Yep. He who has purse strings can usually untie them whenever they want."
"Kalinda…" Cary called out her name as she was walking into the courtroom.
She starred at him, trying to read his face. She was typically good at reading people, Cary always kept her guessing.
"About last night…" "Cary…you knew it would be complicated. Why are you surprised?" "Complicated, yes. Still married, no." "Married as far as the courts, hatred for each other goes for everything else."
"So you're divorcing him." Kalinda held back her answer. "So I'm falling in love with a woman while she's still going back to her husband." "Cary…"
As he walked off, Kalinda was starting to realize why he was doing everything he could for her. He'd never really expressed his feelings to her…not emotionally anyway.
Diane took her seat back on the bench. She could sense a tension with Alicia that she couldn't understand. Diane was hoping it wouldn't affect her cross examination.
"Ms. Cavanaugh, Mr. Gardner. I was informed we have a surprise witness…not really since his name was just said in the court room." They both nodded. "And Mr. Gardner, please bring up this next surprise witness."
"Thank you, your honor." She was still in awe of Diane on the bench. Still smiling saying your honor. "The defense calls Jared Donnelly."
There was a stir in the court room when he abruptly walked in. He was quickly sworn in by the bailiff. It was clear that he didn't want to be not the stand.
"Thank you very much Jared for such a short notice."
"You're welcome."
Alicia showed Jared the t-shirt. "Do you recognize this t-shirt, Mr. Donnelly?"
"Yeah, it's our team Running Wahoos shirt."
"Your team?" "Yeah. A bunch of us from different houses join this run for charity." "And how does this charity work?"
"Each runner is supported by the house who raise money with donations. It supports the non profits that Roosevelt University organizes."
"How noble of you." Alicia smiled. "And when did you start participating?" Jared shrugged. "About three years ago." "So twenty-thirteen?" "Yeah, that was my sophomore year at Roosevelt." "Did you know my client, Logan Grey?" "Yeah." Jared nodded in his direction.
"So you also knew his boyfriend, Dean Shepherd." Alicia noticed the uncomfortable movement in jared with the word boyfriend.
"He pledged that year." "And he was also killed that year by alcohol poising at a party."
"Objection." Will stood. "It hasn't been proven how he died."
Alicia countered. "Actually there was a police report filed that night. His blood alcohol level was three times the limit at a two point four."
Diane read the report. "Overruled, proceed Ms. Cavanaugh."
Will took that as a hard pill to swallow.
"So, Mr. Donnelly, do you remember anything about Mr. Shepherd?" "There's a lot of guys in the house, I don't remember all of them. And this is going to sound appalling but I didn't know him very long…"
"What happens on the runs, Mr. Donnelly?"
"We…run?" His answer had a slight laugh in the courtroom.
"So there's no going off the trail to engage in other activities." "We're running, not babysitting. If someone wants to go on their own run, they can."
"How do you assemble this team, Mr. Donnelly?"
Jared cleared his throat, straightening up in the chair. "We have flyers all over campus. The location, time and date. The actual sign up sheets are in each house. I go and collect the sign up sheets."
"So it's a sign up and join?" "The guys come to the house, we find out if their really interested in running and are prepared for it. It's not meant for everyone." "Did Dean Shepherd and Richard Matthews attend?" "Yeah, first ones to sign up." "Thank you, Jared."
Alicia made sure to not look at Will, her voice was harsh. "Your witness."
Will got up, fastening his blazer. "Jared…were you ever attracted to Dean or Richard?"
"Objection!" Alicia was too tired to stand. "Jared's sexual orientation is not on trial." "Right." He gave a conniving smile to Alicia and turned to Jared. "You said the runs aren't meant for everyone, how do you make that determination?"
"We see the guys, talk to them, make sure they've already started running and know what the run is actually made of." "What they're made of." Will almost laughed to himself at that statement. "Is that why all the runs are at night. To see what they're made of." "Not sure what you mean."
"The runs are at night so whatever happens…no one talks about it and it's like it never happened."
"I'm not sure where this is going." Jared looked Alicia for guidance and she only shrugged, just as confused as he was.
"Like the purpose of putting mostly gay males on the team, no one talks, afraid of getting outed, thrown out of school."
"If they were gay…"
Will noticed Jared's uncomfortableness. "Does being gay bother you?"
Alicia was watching Will carefully before throwing up an objection.
"No, it doesn't. It's who I am." "Then why not tell your family?"
"It's not something you say over dinner, man."
"Or is it that you'll get thrown out of school, everything gone."
"Objection." Alicia said abruptly. "Hearsay."
"There is a lead in." Will told Diane.
"Then please find it, Mr. Gardner."
Will kept the next few questions standard, all informational purposes. He knew that having an attack question needed time to simmer before delivering.
"What happened the night Dean Shepherd attended the party on October twenty-third of twenty-thirteen."
"A lot of people at the party, not sure who attended, there was no invite list."
"But there was." Will handed Diane a document. "There's a recommended sheet of men, in the fraternity that had to be at the parties."
"Yeah, it's for new pledges to get to know everyone so that when it comes time to get a spot in the house, they have people to back them." "They're all gay."
"Dude, what does that matter?" Will was feeling the excitement in fighting the law begin to take over. "Because you needed them!"
"Why would I need pledges, I've been in the house for four years, I'm leaving in a few months."
"Because you can't be open to your friends and family so you'd rather be private…just as long as no one knows about it." Will flipped through his papers. "So, Leonardo Redman?" "Who is that."
"I'm sorry, you all go by little house names. Lenny or your personal favorite, Newman."
"Oh, yeah. I just didn't know his actual name." "So do you often have sex in a closet with a guy who's name you don't care about."
Alicia was appalled at Will's questioning as was the courtroom when gasps were heard everywhere. She stammered to get the words out. "Objection…"
Diane looked at her. "What for?"
"Um…sexual orientation not on trial."
"Overruled…continue Mr. Gardner."
"So, Jared…"
"So I have sex, big deal." "Why lie about it?" "Dude, you know my dad. I can't so far as cross a yellow line without being reminded of my place."
"How many miles did you run on an average basis on the Running Wahoos team?"
"Hell if I know, it's in a log book somewhere."
"You see Jared. I haven't run in a month now, I have a big trial going on. Without a log book, I can tell you that I run an average six miles a day. So…is it that you really have a terrible memory or you really didn't go running at all on those runs, did you?"
"We went out to run, why wouldn't we run?"
"Because you were so clever to have this big, charitable organization all to cover up the need to…loosen up."
"I was…" Jared continued but he was very quiet.
"Jared, I am reminding you that are you under oath meaning that you do have to speak up for the courts to hear you.
"Yes, I had sex with a few of the pledges." Jared spoke very loudly. "Is that loud enough for you." "Dean Shepherd one of those pledges?"
Will glanced out the corner of his eye, he could see Logan breaking down.
"Yeah, he was." Jared was a bit softer, head looking down.
Will tried to find words, he wanted to look to Alicia for support, but she kept finding ways to not look in his direction. "What happened after?"
Jared spoke slowly, he knew he couldn't go back after the truth was out. "I liked the guy, he was nice and I could talk to him about being gay. But he was committed to Logan." "Jared, what happened at the party."
Alicia stood up, swallowing her tears. "Objection…Counsel is testifying."
Diane nodded. "Overruled, I'd like to know the answer myself. Please, Mr. Donnelly, answer the question."
Alicia was angry that she was overruled, she knew Will was overreaching.
"Dean came to the party with Logan. They sort of separated. I offered Dean something to drink…he said he didn't drink. I respected that and we went our separate ways."
"So you knew Dean?" "Yeah, he came to the house a lot, really excited about joining." "But you just testified to Ms. Cavanaugh that you don't remember everyone, there's a lot of guys at the house."
"Took me a minute to remember him, sorry."
"Is it that you don't remember him or that you don't want to be associated with a gay man who died at a fraternity party?"
"What's with the gay thing?"
"Because you liked him…really liked him. He didn't want you, he had a boyfriend, Mr. Grey. At that point, you didn't care, it was just sex right." "Sure."
"Sure." Will let out a laugh. "Did you ever see Dean anytime that night?" "Yeah…" Jared perked up. "He was with Logan, they were drinking. I assumed it wasn't alcohol since he didn't want to drink." "We all know that parties have spiked drinks, what happened by the end of the night."
Logan abruptly got up and walked out of the courtroom. Will nodded to Cary to after him.
"No more questions."
Alicia stood up. "We'd like to call Leonardo Redman to the stand."
Lenny was sworn in, sat down on the stand.
Alicia almost coasted up to question Lenny. The questions started out standard, then she was going in for the hard facts. Something she saw Will do just a few moments ago.
"Lenny, hello." "Hey Ms. Cavanaugh." "Do you remember Richard Matthews?"
"Yeah, cool dude."
"Did you attend the party…the same night as Mrs. Shepherd?" "Yeah, everyone did. House party."
"Who was responsible for giving directions the party?" "That was me, ma'am?" "Why didn't Richard Matthews make it to the party?" "Because he got lost." Lenny's face fell.
"Well if you were giving him directions, how could he get lost."
Lenny looked at Pete Garrison, starting to break down. "Pete told me to."
Will was furiously writing notes and shot a glare at Pete who seemed like he didn't care.
"And why would he do that?" "He didn't want Richard at the party, they didn't get along." "But Richard was a cool dude, why didn't they get along?"
"They argued about why Richard was kicked off the team and Pete didn't want him disrupting the party." "Why was he kicked off the team?" Alicia glanced at Pete.
"I don't know…he didn't say." "And what directions did Pete give you?"
"They were directions to to an old farm house that we used to go to until they built the house we live in now." Lenny wasn't able to look at Pete…he didn't want to disappoint his leader.
"How far was the farmhouse from the house?"
"About thirty minutes, like twenty miles." "And you didn't object to these directions." "Well at the time I was told by Pete that it was something he was planning for the pledges, he just wanted to meet with Richard first." "And you believed him…because he was the house president."
"Yeah, why wouldn't I believe him? He made sure I got into the house."
"So you're really loyal to him, huh?" "Always will be." Lenny's positiveness faded away when he saw Pete's angry face.
"Lenny what happened when Richard didn't make it to the party? You knew you have him the wrong directions, you knew he would show up at the farmhouse."
"I thought it would be okay. He would call someone and give him directions."
"Did you ask around, did you try to call Richard?" "No, Pete told me not to. He would take care of it."
"Take care it, what does that mean, Lenny?" "I don't know…Pete was always taking care of things."
"Thank you, Lenny."
Alicia sat down. "Your witness."
"You're really close with Pete, aren't you Lenny?"
"Yeah, brothers." "Well you're up here telling everyone that he's giving guys wrong directions, I mean would you do that to your own brother." "If they asked, I'd believe them."
Will could see Lenny sweating against his collar.
"Why didn't you say something? An innocent mention of why Pete does the things he does." "You don't question the house president. It's not allowed." "Why not?" "Because you get kicked out of the house."
"Have you seen a lot of guys leave the house." "They just don't come back."
"Why didn't you question Pete about the directions? Did you not want Richard in the house either? Was he taking your spot as the guy who gets to hang out with Pete all the time?"
"No…I was told to." Lenny's face was innocent.
"So Pete gave bad directions…how did Richard end up on the side of the road?"
Alicia gave Richard's mom's hand a squeeze, the truth was finally going to come out.
"Because he called…asking for better directions." "And…"
"I was going to lead him there, Pete grabbed the phone sand told him to figure it out himself and hung up."
Will glanced at Pete who was having a dark stare at Lenny.
"So Pete leaves Richard to his own defenses, what did you to do change it?"
"I was told to help clean up." "Lenny, you knew it was wrong, why did you not help Richard to the party?"
"Because I was told to clean up!" Lenny was exasperated. "Pete told me to clean up, I have to do what he says!"
"Or what!?" Will raised his voice. "What will happen if you don't do what Pete says?"
"I'll be out of the house."
"Why are you doing this?" Pete stood up, shouting at Lenny. "Everything, all lies!"
"No it's not, you told me to make sure he never made it to the party. You told me to make sure Dean Shepherd got drunk! You told me to do it!"
Will along with everyone else kept eying both of them, not really understanding what was going on.
"I made you Newman. I made you into a brother, you just a pussy shopping on fraternity row. You were so easy. All I had to do what ask you and you'd do everything." "You said I was your brother."
Will was trying to control Pete for the sake of the courts, but he was really interested in what Pete was really guilty of.
"All you had to do was get them out. You screwed that up too! Shepherd and Matthews were dead to Phi Beta! All I wanted you to do make sure they went away, scare them, that's it. You are so weak!"
"You kept egging me on. You always said to scare them more. That's why I hit Richard's car, making him swerve. I didn't plan for him to die."
Diane had enough and banged her gavel. "I think we've heard enough, I know I have." She focused on the jury. "Closing arguments nine am tomorrow." She banged her gavel again.
Will finally got home hours after Alicia did. She was already in bed, but still working on her laptop.
"Grace said to remind you of a character profile you did a few months ago, there's followup questions."
"Okay." She didn't lift her eyes from the screen. She was typing furiously.
He didn't get much a response out of her and walked into the bathroom to take a shower.
He came out wrapped in a towel, Alicia was putting moisturizer on her face. "Long day."
"Yep." She kept facing the mirror, barely acknowledging Will.
"You looked great today, I've missed watching you in the courtroom."
"Night Will."
She passed by him and climbed into bed.
Will didn't want to press any issue, making Alicia upset but it seemed that ship had already sailed.
"Alicia…" He spoke up as she was about to turn off the light.
She looked up at him, not saying anything. "What did I do?" "What do you mean?" "Ever since this afternoon you've cut me out. I know this case is tiresome, but…"
"Will, it's not about the case." "Then what is it?"
"You commented on my suit." "You look beautiful." He climbed into bed beside her. "I wanted to tell you that." "Will, I've seen you do it before, with a lot of female lawyers. You find something and you use it to their disadvantage."
"Alicia I wasn't…"
"You did, and it hurt. You made it seem like I was a junior associate again when we were at that diner. That I was competing for a spot at Lockhart Gardner all over again." "You never have to compete." He entwined his fingers with hers, kissing her hand. "You never have to feel that way and I am sorry if you did."
Alicia started to smile. "I did wear the color because it was the same color as the dress."
"I remember." He smiled, having a bit of a glow. "I'll never forgot that night."
"I won't either."
They slid into bed together, Will wrapping his arms around her, feeling the baby move.
Alicia and Will walked into the courtroom, not being able to hide the smile from the previous night.
Diane took the seat on the bench, feeling a lighter mood int he court room.
"Ms. Cavanaugh, closing arguments."
"Thank, your honor."
Alicia got up, smiling at Will and then approaching the jury.
"It seems like a lifetime ago that I met Mr. Logan Grey. He had been turned down by just about every law firm in the city of Chicago. Once firms heard his case they knew the road he would be on. But why does it have to be that way. Why pass the buck to someone else? But they did. And because of that it has taken three years for Mr. Grey to get justice for his boyfriend Dean Shepherd. Why was this boy punished? What was Dean doing that offended someone? He was being happy. Now that doesn't seem harmless? But to those are not happy take this as an insult. Why do they get to be happy and I don't. It happens more often than we'd like to think. That's what happened when Dean Shepherd and Richard Matthews joined Phi Beta Sigma fraternity. Mr. Pete Garrison and Mr. Jared Donnelly allowed for hazing to happen. They allowed for these two boys get in danger because they chose an alternative lifestyle. It doesn't end there. Their lifestyle allowed them to be free, to be open and to love someone that loves them back unconditionally. What would life be like if you couldn't do that, if you had to hide your feelings from a special person, your family, your friends. Just ask Jared Donnelly, who had been doing the same thing. One would say he had jealousy with Dean Shepherd, being able to have a boyfriend, be openly gay. But that wasn't okay. Jared wanted those two men out of the fraternity, as did Pete Garrison. They were disrupting the flow of everything, if you will. So Mr. Gardner is going to put doubt into your heads that they aren't guilty of what they have so publicly pledged here today. Don't let Mr. Gardner's words confuse you. Two men are taken from us too soon because of their insecurities. Decide what's right based on the truth."
Alicia sat down, taking a breather. One step closer to the trial finally being over. She gave Will a look of hope as he got up to deliver his closing argument.
"You've seen a lot of facts, you've heard a lot of testimonies. What does it mean? Does it mean that Jared Donnelly is a homophobe? Does it mean that Pete Garrison meant to kill Richard Matthews? I don't believe that. I do believe that both were confused men. Jared Donnelly we saw was outed. He lived a life that was controlled by his father for what? To have a degree, to have a school to be proud of on paper? Don't make Mr. Donnelly out to be a homophobe. Don't make Mr. Garrison out to be a killer. You've only seen two days with them. Don't let two days of words and theories make your decision that's going to affect their lives in every way. But I'm just a lawyer. I'm just counseling them through this ordeal. Think about the person you are deciding fate for…
Will was almost ready to walk out of the courtroom. He didn't believe any word he said. He wanted to be beside Alicia fighting with her instead of against her. He just wanted it to be over.
Diane looked to the jury. "You have heard the facts, all the evidence is in front of you. I am confident, jurors, that you will make a fair and honest decision."
No one really left the courts while the jury deliberated and were back in the courtroom within an hour.
Diane read the decision that was given to her and passed it back. "Foreman, have you reached a verdict."
"We have, your honor."'
"And how you do find?"
"We the people find the Pete Garrison…
The entire courtroom gasped.
