Chapter 5 The Trial

The fourth week of utter loneliness finally passed. The day of the trial had come. The Janukas were driving up, of course, and would be present. But police instantly escorted them to their place at the trial. On neither side in the actual proceedings, they were given a seat somewhat behind the prosecuting side.

Mokuba looked all around for his brother, but he couldn't see over the taller people all around him. Mr. Januka was on one side of him and Mrs. Januka the other, and they appeared nervous and tense at having to go through this.

In a respectable black suit, he looked like a miniature of Mr. Januka beside him, though the reference was one Mokuba wished the kind old lady behind him had not mentioned.

Kaiba was at his designed seat on the left facing the judge, though his straining to see Mokuba was much more fruitful. After catching a glimpse of his brother, Kaiba's eyes rested on the leering two men on the prosecuting side.

YO leaned in and whispered, "They call themselves Mr. Yara and Mr. Gato. But they're only the lawyers of the real ones leading the attack. I haven't found the real men in charge, yet, sir."

"Hmm."

Minutes passed by, until the bailiff commanded everyone to stand to honor the presiding judge. Mokuba was the first to jump to his feet, managing to catch a snatch of his brother's brown head. Then, everyone else was also standing and the moment had passed.

The judge, with his flowing black robes, took a seat, enabling everyone else to do the same. He called the court the order and it soon all began.

The prosecution finally made it clear exactly what they were proposing to argue to keep Mokuba from his brother.

"We have incriminating evidence—evidence no one can fail to acknowledge—that the poor boy was being neglected and ignored. How could someone fail to be there for a child when he needs it most? This age range that Mokuba is in is one of the hardest. There are so many changes going on around and within him that if the wrong person is influencing him, Mokuba will never recover. This wrong person is his brother, Seto Kaiba. He's too busy with his work, with the company, when he does anything useful at all, or else he is absent from the house. Whenever he is there, he is moody and forgetful of his brother.

"Ladies and gentleman of the jury, I would hope you make the right decision today, a decision that could change this boy's future. Remember how easily children's minds are swayed and how vulnerable Mokuba is at this time of his life. Give Mokuba something constant and stable in his life, and make that consistency a relationship made out of love."

YO glanced at Kaiba, then stood to give his opening statement, though Kaiba did not hear any of it. The words of the other lawyer were still resounding in his ears, making him deaf to anything else.

I was working a lot…he began thinking. Yet, now, it was anything but work. All Kaiba had done was try to come up with the perfect defense. Surely that would count in his favor.

Several minutes later, it was obvious that would not.

"From just recently, we have discovered the said Seto Kaiba has been ignoring his work. While this might have been allowed if he was then spending time with his brother, it was only once Mokuba was gone. This shows his unreliability and lack of being able to care for his brother.

"We now wish to call a witness to the stand. Please come forward, Mokuba Kaiba."

Heads swiveled and turned as the small form slowly got to his feet and marched across the floor. He had agreed to be a witness since he would tell everyone how wrong they were and that he wanted to be with his brother.

Kaiba's eyes were focused completely on the boy trying to hold this moment of seeing his brother in his mind. It had already been such a long time…

Mokuba was sworn in, only his pale face visible over the stand. The opposing lawyer was before him, pacing.

"How often did you have time to play games or merely talk with your brother? Remember that you took an oath to tell the entire truth."

Mokuba squirmed uncomfortably. Unable to look at his brother, he bowed his head. He muttered, "Not very often, but it wasn—"

"Thank you. Now, can you tell me if you felt lonely during the times your brother was not around?"

Again, Mokuba squirmed in his chair. He did not raise his head, only murmuring, "You're not listening to my answers."

The judge looked over his spectacles at the boy, saying, "Answer the question, Mokuba Kaiba."

Sighing, he blurted, "If I felt lonely, I don't blame Seto! He has work to do and I usually see him enou—"

Again, the lawyer cut off his reply by continuing, "So, you feel lonely when you are not around him, and you are more often alone than with him. Do you ever need to talk to others and tell them about your day? Do you feel some other people act more like guardians than your brother, as they are there when you need them?"

Shifting uneasily in his chair, Mokuba did not answer. The judge again looked at him sternly, demanding he answer the attorney. At first, his reply was inaudible. Then, as the judge prodded him to speak up and reminded him of his oath, Mokuba's word rang out.

"Yes."

Kaiba did not respond in any way. He thought he was past feeling the pain—thought that the lawyers were the only ones who could inflict such pain. But now, he truly thought about the situation his brother was in. When he did, Kaiba didn't like what he noticed.

"Thank you, we have no further questions." With a smirk, the lawyer stepped down from the front of the courtroom.

YO stood to cross-examine, but Kaiba feared it was hopeless. Even if Mokuba said some good things now, it wouldn't take away the truth from the other side. He refused to look at his brother or anyone else, staring intently before him.

Mokuba glanced up hopefully, knowing YO wouldn't let him down. It wasn't right the other lawyers had made him criticize his older brother. Now, he deserved a chance to explain himself.

Pacing a little before the judge, YO took on a look of great contemplation.

"Now Mokuba, I heard you say that you think others sometimes act more as your guardian. But, is that what you really want? A guardian? Don't you want someone else who can fulfill your emotional needs as well?"

"Objection, Your Honor," the other lawyer said, standing. "He's leading the witness."

"Sustained. Please keep your questions free of any bias."

"Yes, Your Honor." YO hid his annoyance well, for being one of the best meant he was great at acting against how he felt. "Mokuba, tell everyone how you feel about your brother."

Mokuba's eyes brightened. All the hours away from Seto had greatly improved the readiness of his answer, as each day he had run a litany of reasons he wanted his brother back and why.

"Nii-sama's the best! Even if he's busy, he's never mean to me or ignores me completely. We don't play games all the time, but what family does? I know there are other kids who live in worse situations, but no one targets them! I have no complaint against Seto and only want to be back with him. Without him, I feel like I am not myself. Without him—" he stopped abruptly, then took a deep breath and said quieter, "Without him, I see no reason to live."

YO let his witness's words sink in to the jury. Then, he continued. "I understand you completely, Mokuba. Do you feel you see and talk with your brother enough?"

The boy glared at the other lawyers. "Even when my brother has a big project to do, I still get to see him. He takes care of me and I look after him. We both need the other."

"Thank you, Mokuba." YO looked at the judge, adding, "We have no further questions, Your Honor."

Mokuba could step down. As he did so, he tried to see Kaiba's face, but the bailiff hurried him onward and it did not seem as if Kaiba made any effort to catch his face.

The Janukas welcomed him back, and Mrs. Januka had tears in her eyes. She hugged him close, ignoring his lack of encouragement.

"I never knew it was that way with you! But, Mokuba, I'm sure there will come a time when you must learn to separate from your brother. I think he doesn't need you as much as you think."

Mokuba scowled and would have shoved the woman away, but doing so might hurt the trial, so he restrained himself.

More witnesses were called, among them a few teachers of Mokuba's, commenting on how he behaved at school; a psychiatrist, attempting to explain away Mokuba's attachment to his brother; and even a few members of the goon squad. They were expressionless, refusing to say any ill word against Mr. Kaiba, even when the real evidence was finally revealed.

"Your Honor, I have here tapes that prove how Mr. Seto Kaiba truly treats his brother. We have taken the liberty of having them set up and prepared, so please watch this."

Everyone focused on the tapes before them.

Kaiba was glaring as he saw familiar objects and rooms before his eyes. This was his house!

He was about to protest aloud, but YO placed a hand on his arm, indicating he understood what was going on and had a plan to deal with it appropriately. Nettled, Kaiba leaned back and remained silent.

There were clips showing Mokuba all alone in his room, flopping onto his bed in boredom. There were episodes that emphasized how Kaiba was constantly working. There were pieces that displayed the goons acting more concerned for Mokuba than his own brother. And there was one clip Kaiba wished had never happened. On that one, he was yelling at his brother to take care of some business the boy had promised to do. Yet, it was not done fast enough for Kaiba(on that day, nothing would have been fast enough), and he had taken out his concern and annoyance completely on his brother. The camera zoomed in on Mokuba's tears as he slammed shut the door and ran outside. Then, it went dark.

Everyone was silent. At that time, the Kaiba's fate was sealed.

The defense did their arguments, but they seemed to fall on ears stuffed full of cotton. In fact, the jury only appeared to come to life again once the judge told them to go reach of verdict. The intermittent time dragged on, though it was really only twenty minutes for them to find their answer.

"The jury finds Seto Kaiba, in regards to the guardianship of Mokuba Kaiba, his brother, guilty for emotional abuse and neglect, therefore not making him a responsible figure in Mokuba's life to grow up around. The said Mokuba will remain with the Januka family with periodical visits from a social worker to see how the new setting is working out. Seto Kaiba and Mokuba cannot respond in any way under penalty of law. Court is adjourned."

The judge pounded his gavel, signaling all the people to rise at he left. YO pulled on Kaiba's arm; otherwise, he would not have known when to stand or what to do. His ears were ringing and refusing to let him hear. Surely the judge had not said Mokuba could not return. It must have been the ringing in his ears that made him hear that.

Over the dim talking and rustling as the crowd left, one small voice cried out, "Nii-sama!" But then, it was shushed and gone.

Alone, YO finally leaving, the janitors sweeping the floor, Kaiba stared at the wall, seeing the tape, the judge's mouth saying the verdict, and the smug look on the prosecuting side. Then, his ears echoed the last sound of his brother.