Unlovable

Chapter 11: The Trial Begins

Time had flown by faster than Eric would have liked. It was already only a day until the trial. Eric's whole family had agreed to be character witnesses. Eric was grateful to them. He knew he shouldn't be surprised, but he still couldn't believe that Derek's friends had lied to the DA and told her that he had been stalking Derek, and that Derek had feared for his life.

"What a bag of crap!" Serena had exclaimed; outraged when she heard what had happened.

"We're not going to let them get away with this. I have half a mind to sue his friends for deformation of character!" William had protested. He had been out of town on a business trip again, but had quickly wrapped up his business, and come home to be there for his son.

"We're not going down without a fight! I can testify if it will help," Chuck, Eric's adoptive brother had offered.

"Me too!" Serena's best friend Blair, piped in. "There's no one better at revenge and sabotage than I am. If they want to play this game, then I'll play it better!"

Eric grinned. "You guys are amazing. "Blair, I appreciate your willingness to help out, but I don't want you to sabotage anyone. I want this to be a fair trial. If they aren't going to make it fair, then it's up to me to." He turned to Chuck. "I appreciate that very much, Chuck, but, considering our past history, I don't think it would be wise to put you up on the stand. Who knows what the DA will drag up and twist into helping her?"

Chuck nodded. "Point taken." Eric and Chuck had just recently repaired their relationship. They had been at adds after Chuck had taken advantage of Jenny's distress one night, and taken her virginity. Once Eric had calmed down, he realized they were both equally to blame. His and Chuck's relationship had always been a strange one, but they were better now. They felt more like brothers now.

"Well, there must be something we can do," Blair stated with the pout she always got when she didn't get her way.

Eric smirked. "Trust me, Blair. Staying out of this is help enough."

Blair didn't know how to react to that, so she just took a seat on the couch, and listened for the game plan.

"I just wish I had met Derek," Jenny stated.

"Nobody met Derek?" EJ asked. He looked around the room, but everyone was shaking their head.

"We didn't even know about him. I mean, we knew he had a boyfriend, but he'd never tell us anything about him," Lily stated, speaking for herself and Rufus.

Rufus nodded his agreement. "I knew he was crazy about him. That's about the extent of what I knew.

"Why did you tell Rufus you had found love and not me, your father?" William asked Eric.

"You weren't exactly around enough. I confide in Rufus. It's easier to talk to a non-blood parent. It's embarrassing to talk to your biological parents," Eric said with a shrug.

That seemed to satisfy William enough.

"He talked about him all the time with me. He never did get to show me pictures though, because he lost his cell phone that had all the pictures on them," Jenny explained.

EJ turned to Eric. "You didn't have any regular photos?"

Eric shook his head. "For some reason, I never really thought about it." He sighed. "What good would they have done anyway?"

"They would have showed that he was just as into you as you were to him," EJ answered.

"But isn't it a good thing that he doesn't have pictures? If he was a stalker like Derek's friends said, he'd have a lot of pictures of Derek," Blair pointed out.

"That's a good point!" Serena chimed in.

EJ nodded. "You would think. But DA Woods is very conniving. She would just argue that Eric could have destroyed all the evidence while he was out on bail."

"The police did a search of the house, and all over Eric's room shortly after they arrested him," Rufus pointed out.

EJ shook his head. "She can still say that one of you helped get rid of the evidence, or that he got rid of all the pictures before he killed Derek, knowing that the cops would later come to investigate."

Jenny sighed. "The DA sounds like a real bitch."

EJ smirked. "She is, but in that case, she'd just be doing her job."

"So, do we have any case at all?" Jenny asked.

EJ nodded. "We have a good one. You guys will provide great character witnesses, and there is no proof that Eric killed Derek for no reason. They can't prove that it wasn't in self-defense."

"That's because it was," Eric stated.

EJ nodded. "I know that. All I have to do is help the judge and jury see that. I'm really not worried. Everything will work out."

Eric sighed. He just wished he could believe him. However, now that he knew exactly how malicious and conniving Derek's friends could be, he wasn't so sure.

~GG~

Eric knew he'd have to see them. Still, it didn't make the blow any easier when he saw them in the courtroom. The day had come all too soon for his taste. In some ways, he just wanted to get the trial over and done with. On other hand, he wanted to avoid it for as long as he could. Then again, it had to be done, so he might as well get it over with. Now, he sat next to EJ, who was looking through some papers in his briefcase.

Eric was trying to forget the fact that his parents, siblings, and friends were all sitting in the section behind him. He could practically feel his mother's eyes boring into him. However, he sensed a much for powerful force. That would be the force of Derek's friends' eyes boring into him.

He knew he'd have to look at them sometimes, so he might as well get it over with.

With a sigh, Eric looked over at Derek's friends. Jake's eyes were the most cold—almost wicked—looking eyes. It actually made Eric shiver, despite his own anger at Derek.

"You're going down." Jake had mouthed the words to him, but Eric had no trouble understanding regardless. Jake pointing a finger at him didn't help things.

Eric moved his gaze onto Jessica, who was too busy chewing her gum and twirling her hair while looking at a magazine to pay any attention to him.

Eric rolled his eyes. A regular observer might think she was just a harmless, ditzy girl. If they knew her like he did, they'd know that she was a cold-hearted, dangerous bitch in disguise.

Next, his eyes fell upon Gia, who looked away the second her eyes met his. Eric had thought Gia was a nice girl. She had never really given him any reason to dislike her. Then again, Derek had seemed like a nice guy when he had first met him. That was the most wrong first impression Eric had ever had, Eric couldn't help but think.

Next, was Mitchel. Mitchel was playing with his hands, his eyes darting from side to side. When his eyes met Eric's, he just stared at Eric. For what felt like and eternity, they just stared at each other—hazel eyes to brown eyes. Finally, Eric broke the gaze. It was making him unsettled.

Eric wrung his own hands together then, as Mitchel had been doing.

Suddenly, Eric felt a hand on his shoulder. "Don't let them intimidate you."

Eric jumped at both the touch and the voice.

"Sorry. I did't meant to scare you."

Eric sighed; relaxing when he realized it was just Jenny.

Jenny smiled sympathetically at him. "I saw what Jake just did to you. What did he mouth? I couldn't quite tell from my seat."

Eric refused to look at Jake again. "I'm pretty sure he said I'm going down."

"If we weren't in a room full of witnesses, I'd make him sorry he ever said that," Jenny said, cracking her knuckles.

Eric smiled. He could always count on his spunky little stepsister to make him feel better.

The bailiff spoke. "All rise. The court for the district of Manhattan is now in session. The Honorable Judge Walker now presiding."

"Good luck!" Jenny said with a quick and gentle shake to Eric's shoulder.

"Thanks," Eric said. He had a feeling he'd need it.

Everyone stood, and in walked Judge Walker.

"You may be seated," the bailiff announced after the judge had taken a seat.

Everyone sat back down.

Eric was no nervous, he could actually feel his heart pounding in his chest without having to feel it with his hand.

"George, please state the date and case," Judge walker ordered.

"The District of Manhattan in the state of New York announces the case of Van der Woodsen verses Anderson in the murder trial of Mr. Eric Van der Woodsen. The date October 10, 2011, Your Honor," The bailiff announced."

Judge Walker looked at Eric. "Mr. Van der Woodsen, how do you plead?"

Eric stood up. "Guilty. By reason in self defense." Eric knew one usually pled not guilty when it was self-defense, but he did kill Derek, and he didn't want to lie. Also, as EJ had said, pleading guilty and admitting his guilt would help his case. Eric hoped it would anyway.

Judge Walker then turned to the lawyers. "I would like your opening statements now. I'll let the prosecutor go first."

DA Woods stood up, and kind of gave a little smirk to EJ and Eric, it was quick—minuscule practically—but it didn't escape EJ or Eric.

"Ignore her," EJ muttered low enough so that only Eric could hear.

Eric nodded. He knew from living in New York, sometimes keeping your mouth shut was in your best interest.

DA Woods turned her attention to the jury as she paced back in forth in front of them, facing them every few seconds. "Ladies and gentlemen of the jury, we are here today to bring justice to an innocent man, who was mercilessly slain. Derek Anderson was a young man who had barely turned eighteen. He practically still had his whole life ahead of him. That is, until he met a man whose feelings he didn't return. Then, when the man he met, Mr. Van der Woodsen, didn't get the attention he desired, Mr. Van der Woodsen killed him in cold blood. He took a twelve-inch switch blade, and stabbed Mr. Anderson until he could no longer defend himself. Mr. Anderson was stabbed a total of five times—once in the back, once in the right shoulder, and three times in the stomach."

"What are those of?" Eric whispered to EJ, when he saw the jury had been handed some pictures, and were passing them around as they all took turns looking at them.

"The crime scene photos I imagine," EJ whispered back.

Eric suddenly felt sick.

"Mr. Van der Woodsen then fled the scene of the crime, leaving Mr. Anderson to bleed to death. Is that the kind of man you want to set free? As the district attorney, I can assure you that I have seen a lot of cases in my life. There have been ones where justice has been served, and then there were the more unfortunate cases where the criminal got off, and ended up hurting even more innocent people. You all look like a smart jury. I trust that you all will be smart enough to see through Mr. Van der Woodsen's deceit. Thank you." DA Woods finished. She then walked back to her seat, quickly shooting that smirk at EJ and Eric again.

"If I were to kill someone, it'd be her," Eric quipped swallowing hard as the judge was handed the pictures.

EJ snickered, then cleared his throat, and stood up to give his opening statement.

Eric suddenly noticed how that more enlarged pictures were set up now, to show the audience. He felt his stomach start to churn. He focused on EJ so that he didn't have to stare at the pictures.

EJ walked over to the jury, and nodded politely at them. "Hello, Everyone. I trust you are all doing well today."

Some of the jury smiled, while others remained straight-faced.

"Ladies and gentlemen of the jury, we are here today to decide the fate of my client, Mr. Eric Van der Woodsen. It was mentioned that Mr. Anderson was freshly eighteen. Well, my client isn't even eighteen yet, if we're going the rout of having your whole life ahead of you. But that's not what this trial is about. Is it? No. I don't know about you wonderful people, but I'm here to make sure that justice is served. And by justice, I mean making sure that my client isn't put in jail for a crime he didn't commit—at least not without it absolutely having been necessary. My client was viciously attacked by Mr. Anderson and his friends one night, and then, when they didn't get the job done, Mr. Anderson tried to kill my client to make sure that he stayed silent. Things didn't go according to his plan, however, when my client proved to be stronger than Mr. Anderson thought. My client had no choice but to kill Mr. Anderson. It was either that, or be killed himself. Now, I don't know about you all, but wouldn't you rather kill your attacker than let him or her kill you? DA woods was right about one thing—you do look like a smart jury. That being said, I'm sure you will make the right decision, and therefore not place my client in prison when he was simply just defending himself. Thank you."

EJ took his seat, and Eric gave him a grateful smile.

EJ smiled at him in return, and winked.

Judge Walker cleared his throat. "I'm going to let the prosecution bring in their first witness."

DA Woods stood, her head held high. "Thank you, Your Honor. I would like to call up my first witness, a friend of Derek's, Mr. Jacob Henderson."

Eric instantly felt sick. He was sure Jake was going to be ready with a pack of lies.

"Please place your right hand on the Bible," the bailiff ordered him.

Jacob, looking clean-cut in a suit and tie with his hair gelled back, made Eric feel even more sick. Though this time, it was more of a disgusted sickness. Everything was fake about Jake. Everything was fake about all of Derek's friends, just as everything had been fake about Derek. That is, until Derek had shown his true colors.

Eric shivered at the memory.

Jacob placed his hand over the Bible as instructed.

"Do you solemnly swear to tell the whole truth and nothing but the truth, so help you God?" the bailiff asked.

Jake nodded. "Yes, Sir, I do."

"Please take a seat," the bailiff ordered.

Jake promptly did as told.

DA Woods then took over. "Good morning, Mr. Henderson. How are you doing today?"

Jake shrugged. "I guess that depends on how this trial ends."

A few people in the audience snickered. Eric wondered how people could find anything humorous about a murder trial.

DA Woods nodded. "That's understandable. I know that Derek was a good friend of yours."

"He was my best friend," Jake corrected. He glared at Eric.

Eric broke eye contact, and looked down at the desk in front of him. He couldn't bare to look at Jake. He could look any of Derek's friends in the eyes. Any one of them except for Jake that was. There was just something in Jacob's eyes that seemed almost...evil.

"Mr. Henderson, when did you first hear about Mr. Van der Woodsen being in Mr. Anderson's life?" DA Woods asked next.

Eric couldn't help but look at Jake then, despite how much he hated to. Jake's eyes actually looked sad to him. After all, Jake was a really good actor, Eric knew. Jake had always been a little bit of a cad, but there had been a time when Eric had thought that he and Jake could be friends. That was of course, before the whole bashing incident.

Jake actually got tears in his eyes, and he put a first to his mouth. He was silent for a brief moment before speaking in a teary-voice. "It's hard to talk about. I keep thinking, if only I had known what Eric was going to do to him, I could have told Derek to stay away from him. To cut things off before it got that far!"

Eric clenched his fists underneath the table.

James must have sensed his tension, for he placed a hand firmly over his shoulder, and gently squeezed in a silent warning for him to calm down.

"I know it's hard, but this is important. If you really want to help your friend get justice, you have to answer my questions, okay?" DA Woods asked in a tone that could almost be passed off as compassion. Almost.

Jake sniffled, and looked up at her. "I'm sorry. The first time I heard about him was when Derek told me that he had bumped into to some guy on the street who got stuck in the rain, and didn't have money for a cab ride home."

"That guy being Mr. Van der Woodsen." DA Woods said it as a statement—not a question.

Jake nodded. "Yes, Ma'am. Eric didn't want to take his money, so Derek offered to walk him home since he had an umbrella, and Eric didn't."

"So, Jake walked Eric home. Then what? How did it happen that they kept in contact?" DA Woods asked.

"Well, Eric was really grateful for what Derek did for him. Also, they had talked on the way to Eric's place, and found out that they had a lot in common." Jake snorted. "Even their names were similar—Eric and Derek. Derek later told me that he thought Eric was a pretty cool guy, and invited him to lunch and a movie the next day. He had no idea then that Eric was gay," Jacob began.

Eric quietly sighed. Well, at least he was telling the truth so far about how he and Derek had met. However, he knew that more than likely wasn't going to last. The lies were soon to start up again, he was sure. He was willing to bet money that swearing on the Bible meant nothing to Jake.

"So," DA Woods, began, "when did Derek first realize that Eric was gay?"

"Well," Jake continued, "during the movie they went to, Eric's hand kept brushing up against Derek's in the popcorn bowl. Derek thought it was kind of weird, but brushed it off as a coincidence, thinking they were both just hungry at the same time. Then, after the movie, Eric asked Derek if he would like to hang out again. Derek figured, why not? He was always looking for new friends, because that is just the kind of guy Derek was. He was friendly, and kind, and wanted everyone to like him. He was a bit naive at times, actually. He easily trusted people."

Eric coughed. It was a fake cough of course. Judging from the minuscule second of a scowl Jake shot him, Jake had gotten the point.

"And Eric was one of those people that he trusted," DA Woods said, again as more of a statement than a question.

Jake nodded. "That's right. So, they exchanged numbers, and then, out of the blue, Eric pulled Derek in for a kiss smack dab on the lips."

"And what did Derek do?" DA Woods asked.

"Well, Derek was shocked, of course. He told Eric politely that he was sorry, but he didn't like men in that way," Jake lied.

Eric felt his heart beat faster. He knew the lies were about to come, but he still couldn't help but be shocked hearing them now.

"And what did Eric say?" DA Woods asked.

"Eric apologized, saying that it would never happen again—that he had just gotten caught up in the moment." Jake answered. "Derek, being the understanding and forgiving guy he was, told Eric not to worry about it. Eric asked if he had just screwed up them being friends. Derek told him that, as long as he remembered that they would only ever be that—friends; there would be no problem. Eric promised they could pretend that never happened, and that it would never happen again."

"But it did, didn't it?" DA Woods asked.

Jake nodded, his face turning solemn again. "It did. He hit on Derek again the next time they got together, which happened to be at the bowling alley with me, my girlfriend Jessica, Derek, and our friends Mitchel and Gia. Right away, we could tell Eric hadn't gotten the hint. He came in wearing these jeans that looked like they were made for a girl, and an even tighter black T-shirt. He gave Derek a kiss on the cheek in greeting. We could all tell right away by the way he batted his eyelashes at Derek that he was still crazy about him, despite Derek's straight status."

Eric had been trying his best to contain himself, but that was it. He couldn't take it any longer. He stood up, and clenched his fists. "That is a bold-faced lie! Derek kissed me back. Derek did not tell me he wasn't gay! He wanted me to fall for him to that he could lure me in and hurt me!"

Judge walker banged his gavel. "Sit down, Mr. Van der Woodsen. You will have your turn!"

EJ placed a hand overtop of Eric's shoulder and forcefully pushed him back down. "Keep. Your mouth. Shut. You will have your turn," he said through clenched teeth.

"But he's lying!" Eric whispered.

"I know that!" EJ snapped. "You'll have your chance to prove your case in a bit! Just calm down. You're not helping matters."

Eric crossed his arms over his chest and sighed. "Fine," he whispered.

"Please, continue Mr. Henderson," Judge Walker ordered.

Jake began again as if Eric hadn't just interrupted. "Every time Eric would go up to bowl, he would shake his hips back and forth suggestively, and look over his shoulder at Derek and smile. It made Derek really uncomfortable. Derek told me he'd have to explain to him again that he was straight."

"Did Mr. Van der Woodsen make any more advances on Derek that night?" DA Woods asked.

Jake nodded. "Yes, he did. We had dinner at the bowling alley after the game. Eric was on the girls' team since we had an extra guy. The girls lost, so us guys paid for pizza, nachos, and soda at the alley for dinner. Eric sat next to Derek, and his chair was a little closer to Derek's than it needed to be. Oh, and he did kiss him in the cheek one more time to thank him for the food. Derek had blushed, and moved his chair a little bit away from Eric, but Eric hadn't seemed to notice. Anyway, the rest of dinner went by uneventful. It was when we went to the club after that Eric started making bigger passes at him."

DA Woods raised an eyebrow. "Such as?"

Jake wrung his hands together. "It was quite embarrassing, really. Even I was embarrassed, and I was only watching! Eric wanted to slow dance with Derek, but Derek politely declined, saying that he wasn't a slow dancer, and wanted to wait for the music to pick up. So, Eric told him to find a table, and he'd go get them some drinks."

Eric stood up, and slapped his palm on the desk. He was so outraged, he could barely even think straight. "I didn't even drink that night! I can't even drink. I'm underage!"

Judge Walker banged his gavel. "Mr. Van der Woodsen! I will not have you yelling out in my court! Wait your turn! If I get one more outburst from you, you will be held in contempt."

Eric sat back down. He didn't dare look at EJ, whom he was sure was glaring at him.

"We all drank that night. I'm good friends with the owner and the bartender, and they always hook my friends and I up. After all, we're in college. What college kid doesn't drink, right?" Jake asked.

DA Woods nodded. "I agree, as long as you weren't driving."

Jake shook his head. "No ma'am. None of us were."

DA Woods smiled. "Good."

"Objection! We're not on trial here for underage drinking," EJ stated.

Judge Walker nodded. "Sustained. Please stick to the point, Mr. Henderson and DA Woods."

"Sorry, Your Honor," DA Woods stated. She turned her attention back to Jake. "So, then what happened?"

Jake continued. "Well, we all only had one beer, but Eric had about two or three. Every time a dance ended, it seemed he felt it meant he had to drink. At one point, he was so plastered, he started grinding up against Derek to one of the songs. Derek was mortified, and pushed him away. 'Eric, I thought I made it clear, I don't feel the same way about you as you feel about me. You promised to back off,' Derek had said to him. Eric then laughed. 'I'm sorry,' he had said. 'I'm just drunk.' Then he staggered back to the table, sat down, then rested his head in his arms. We called him a cab. Derek, being the good man that he was, insisted on riding along so that he could get Eric to his apartment all right."

"And did he get him there without a problem?" DA Woods asked.

Jake nodded. "Yes, and no. According to Derek, Eric tried to make out with him during the cab ride home. Derek had to keep pushing him away."

"That is a lie! None of that happened!" Eric exclaimed, standing up, and slapping the desk so hard it made his hand sting. He didn't care though. He was so ticked off.

Judge Walker turned to the court deputy, and pointed at Eric. "Take him out of here!" He then turned and faced Eric. Mr. Van de Woodsen, until you learn how to behave in my courtroom, you will not return. You hear me?" Judge walker snapped.

Eric, half wanting to throw something, half wanting to collapse on the floor and cry, just bit his bottom lip and nodded.

"Go get yourself together. I don't want to see you back in here until you have calmed down. You're lucky I don't pronounce you guilty right now!" Judge Walker snapped.

"I'm sorry, Your Honor. It won't happen again," Eric said.

The court deputy escorted him out then.

"I'm going!" Eric muttered, walking on ahead, and leaving the courtroom without any more assistance.

Meanwhile, back in the courtroom, once Eric had gone, Judge Walker ordered Jake to continue.

"Eric did come to it a little more by the time he got to his apartment. He apologized to Derek again, then went into the building. Derek just went home then," Jake explained.

DA Woods nodded. She was looking at the doors Eric has just exited, a smug smirk on her face. "Thank you, Mr. Henderson. That is all the questions I have for now. I rest my case."