5YL Let the Encore Commence
Part 7
Once they returned to the courtroom, Mr. Jones immediately noticed Wes and Santana in the midst of a conversation with Mr. Douglass and ADA Strauss. Even without being able to hear what they were discussing, their body language spoke volumes and it wasn't good. Just as Kurt was about to speak, ADA Strauss approached their table and indicated they needed to speak. Mr. Jones agreed and told Kurt he'd be right back, and not to engaged either Wes or Santana. His words were reinforced by ADA Strauss who stated it shouldn't be an issue as Mr. Douglass would be staying with them, ensuring nothing else occurred. Indignantly Kurt rolled his eyes before taking his phone out of his pocket prior to them walking away.
"Are you aware of what occurred during the recess?" She asked to which he nodded. "You know we need to inform Judge Watkins about it, even if nothing major happened, yet you know how it'll be viewed."
"I'm well aware that we need to inform him, and I have no qualms about us doing so." Mr. Jones replied. "I know it's probably not the response you imagined, yet it needs to happen."
"He's pushing your limits, isn't he?"
"Is it really that obvious?"
"No, as you're handling yourself quite well." She told him. "Yet, his behavior would get to anyone, even the most experienced lawyers. There is only so much you can do, when he clearly doesn't listen or heed advice, regardless of who gives it. Now considering what I was told, I'm not going to push for tampering, but…"
"The finally call on the matter is Judge Watkins."
"Correct. The main reason I won't push for it, is because I don't feel it would deter Mr. Hummel for doing something of this nature in the future." She said to him.
"I don't know how to get through to him, as I've tried everything."
"Unfortunately, some people can't be helped. Right now, our main concern is ensuring he stays away from the Anderson-Smythes."
"Agreed. How do you want to handle this?"
"I'll send word to Judge Watkins that we need to speak with him before court resumes, and we'll proceed from there." Once he nodded, she headed back to her table so she could write a note to send to Judge Watkins indicating there was a matter which needed to be discussed.
It wasn't long after she handed off the note to be given to him, were she and Mr. Jones called into his chambers. Shortly after they disappeared, Kurt looked over at Santana and Wes who were sitting beside one another talking quietly. Taking the high road, the two kept their focus on one another knowing they had to trust the system, much as Blaine and Sebastian do. Santana was in the midst of speaking when Wes reached into his pocket to retrieve his phone as the galley started to fill up once again. "Chloe?" Santana asked as they were actually discussing Wes's upcoming wedding as it was a pleasant distraction.
"No, Sebastian." He replied before handing over his phone to show her. "And he's not happy."
I'm going to need a complete breakdown of what happened as none of this is sitting well with B. It's one thing knowing Santana was having to testify, another finding out you were put on the stand. What kind of fucking stunt did he pull now to drag you into this?
Once she handed him the phone back, Wes started sending back a response. "We knew this wasn't going to go over well with them."
"I know, but he doesn't mince his words when talking about Blaine." Wes told her. "So saying it's not sitting well with Blaine, is the last thing I wanted to hear."
"Me either, but at least Sebastian didn't try to make it out that Blaine's okay with all this, as we know that would've been a lie." Santana reminded him causing him to reluctantly agree while still replying to Sebastian. "He's going to be okay, Sebastian will make sure of it."
"Okay, shouldn't be an acceptable response." Wes said rather pointedly. "Right now outside of this situation, Blaine's life is about as perfect as one's can get. His got a successful career doing what he positively loves, with people he adores. And, he's found love with a man who loves him with everything he's capable of. So no, none of this is okay."
"You know that's not what I meant, as this whole situation pisses me off too." Santana told him. "I was simply stating that he was being honest with us, instead of attempting to shield us from how he's feeling." Wes sighed softly before looking up at the ceiling and then at her once again. "Really puts into perspective what they've dealt with and how they've handled themselves throughout."
"That's putting it mildly. It further reinforces their decision to shut most of us out for the most part knowing how we'd react." Wes then looked towards the door to Judge Watkins chambers. "Are you feeling anxious at all?"
"Yes, as I want to get my testimony over and done with." She then looked over at Kurt who was playing on his phone. "I don't want to screw this up for them Wes."
"You won't."
"You don't know that."
Before Wes could respond, ADA Strauss and Mr. Jones came walking back into the room, each with a relatively blank expression on their faces. Then shortly after them, the bailiff entered the courtroom bringing everyone to their feet awaiting Judge Watkins. Once he entered, he looked out onto the galley instead of taking his seat. "There has been a change in these proceedings, so I ask anyone not directly involved in the case to please exit the courtroom immediately." After he spoke, Judge Watkins took his seat as those gathered looked about. "Was I not clear that I want the courtroom emptied? Unless you are one of the attorneys involved in this case, a witness, or the defendant, you need to leave as this is now a closed hearing." Since he had to repeat his request, two officers walked to the front of the gallery and began clearing it out as Judge Watkins sat quietly.
Upon the room being emptied, the large doors were closed and an officer stationed at them to ensure no one attempted to make their way inside. "Mr. Hummel, please rise." Hesitantly Kurt rose to his feet, but not before shooting one last look at Santana and Wes. "Mr. Hummel, did Mr. Jones not make it clear you were to stay away from Mr. Montgomery and Miss Lopez during the recess?"
"No your honor, he stated numerous times I was to stay away from them." Kurt said in response.
"Yet you failed to do as you were told. Why is that?"
"I took offense to something I overheard them say." Kurt replied.
"What were you doing close enough to them to even overhear a conversation between them?" In response, Kurt simply bowed his head as he didn't have an answer. "I asked you a question Mr. Hummel."
"I don't have an answer your honor, it…it just happened."
"Just as you happened upon the coffee shop next to Sebastian Anderson-Smythe's place of employment." He stated, causing Wes and Santana to exchange a wide-eyed look. "And showing up at Columbia where he attends classes. Let's not forget how you accidentally showed up at venues where your ex-husband, Blaine Anderson was performing. I could list numerous other incidents Mr. Hummel, but I'm certain everyone here would prefer being home in time for dinner."
"Your honor, I…" Kurt was stopped as Judge Watkins raised his hand.
"Enough with the excuses Mr. Hummel, as one incident I could've bought as an accident, but your inability to leave the Anderson-Smythes alone, is why there is a permanent order of protection in place." Judge Watkins said in response. "Do you know why you were told to stay away from Miss Lopez and Mr. Montgomery, beside the fact it was evident the three of you are at odds with one another?"
"Somewhat."
"Mr. Hummel, your response is less than adequate."
"Fine, any interaction between us could be perceived as witness tampering or intimidation. But I didn't say anything to try and change Santana's testimony. Hell, I don't even know why she's here."
"Mr. Hummel, watch the language." Judge Watkins stated. "Do you know the consequences for witness tampering?"
"No."
"Mandatory jail time."
"Santana, tell him I didn't try and change your mind!"
"You will not speak to her Mr. Hummel, am I making myself clear?" Reluctantly Kurt nodded. "Mr. Hummel."
"Yes your honor."
"What are we going to do with you Mr. Hummel as nothing we've done seems to have gotten through to you that your behavior is wrong?" Judge Watkins said to him before seeing Mr. Jones stand beside Kurt. "Yes Mr. Jones."
"It's clear my client has impulse control issues your honor."
"So I'm aware, yet that doesn't dismiss his actions or behavior." Judge Watkins replied. "In normal circumstances, I already would've had Mr. Hummel cuffed and taken to holding, yet I'm holding off making a decision on the matter presented to me. So, you and your client may take your seats as I want to proceed with this hearing. Yet I'm going to make myself clear, should I hear one word or sound out of turn from Mr. Hummel he will be escorted out of this courtroom and held in contempt, on top of possible pending charges regarding what occurred outside." He then sat straighter in his chair. "ADA Strauss, please proceed with your case."
"Thank you your honor." She said as she rose to her feet. "I'd like to direct your attention to television, where the testimony of one Dave Karofsky will be played."
Mr. Karofsky, will you please tell us what you witness the day which caused you to get in contact with Xavier Smythe?
I walked into the Lima Bean that day to get something to drink before making my way to my parents' home as I was taking them out for their wedding anniversary. While waiting in line to place my order, I heard a frustrated reaction which brought my attention to Kurt.
Kurt Hummel, correct?
Yes.
What was Mr. Hummel doing?
He was seated at a table with his laptop before him. So after placing and receiving my order, I went to find out what was going on.
Are you friends with Mr. Hummel?
Prior to this incident, I believed we were, which was quite the accomplishment given how things used to be between us.
What was Mr. Hummel doing when you approached him?
Watching the feed of the Paris Fashion Week closing gala which his ex-husband was performing at.
Was his ex-husband on the screen at that moment?
He'd recently finished performing. Kurt was upset for multiple reasons.
Which were?
First off, Blaine and Sebastian were in attendance which he felt was them flaunting their lifestyle in his face. Secondly, Blaine performed and happened to debut a new single in French.
You felt this reaction was enough to contact Xavier Smythe.
No, it's what I saw which concerned me as it's no secret to anyone who went to school with Kurt that he has a restraining order against him on behalf of Blaine and Sebastian.
Then what was the reason you felt the need to contact Xavier Smythe.
When Kurt showed me a clip of the show, I saw the other tabs he had open. One was to Blaine's official website which details his upcoming appearances. The other was the official site of the movie he wrote the theme for, which also had a list of who would be promoting the film and where.
I take it you weren't comfortable with this.
Correct, as in my mind there was no reason for him to be keeping tabs on Blaine. After everything I'd heard regarding things he'd done, I didn't feel right knowing he was doing so.
So that's when you reached out to Mr. Smythe.
No, as I didn't know how to contact him. Though looking back I could've easily called his office as it would've only taken a bit of research on my part. Instead, I went to the parents of a high school classmate, Rachel Berry, who I knew was still close to Blaine. Rachel's Dads listened to what I had to say and then recommended I contact Mr. Smythe and gave me his contact information.
Do you have anything to gain from this Mr. Karofsky?
No. I merely did what I was felt was right. After hearing everything Blaine's already been through in his life, I didn't want any more harm to come his way.
Do you believe Mr. Hummel would harm him?
If you asked me that in high school, I would've said no way. Yet given what I've heard since the two divorced, I honestly don't know but better to heed on the side of caution. I wouldn't have been able to forgive myself if something had occurred and I hadn't spoken up.
The moment Dave finished his statement, ADA Strauss paused the video. "Your honor, my office shares Mr. Karofsky's concerns, as there is no justifiable reason Mr. Hummel should be keeping tabs on Blaine Anderson-Smythe's comings and goings."
"Your honor, my client says he only does so to ensure they don't come in contact with one another." Mr. Jones stated in response.
"Your client lives in Lima, Ohio while the Anderson-Smythes reside here in New York." ADA Strauss countered. "There is no chance of them accidentally running into one another."
"ADA Strauss has a point Mr. Jones."
"Understandable your honor, yet Blaine Anderson-Smythe does leave New York and my client wants to be prepared for those moments."
"Given Blaine Anderson-Smythe currently isn't on tour, outside of visiting family in Westerville, the Anderson-Smythes have no reason to venture to Ohio."
"Yet my client needs to be prepared." Just as ADA Strauss was about to reply, Judge Watkins lifted his hand to speak.
"While he does need to be prepared Mr. Jones, his previous behavior leads me to believe that is not the only reason behind his actions." Judge Watkins told him. "Yet Mr. Hummel fails to realize that I'm aware of all the perimeters of the order, which include him being informed should the Anderson-Smythes make a trip to Ohio, be it personal or business. So it isn't necessary for him to keep tabs on Blaine Anderson-Smythe's professional commitments to ensure they don't cross paths." Santana couldn't help but look to Kurt who now had his head in his hands.
"But what if he leaves the state your honor?" Mr. Jones asked.
"Mr. Hummel should be responsible enough to check that city to see of Blaine Anderson-Smythe has a show there. Yet as stated, he's currently not on tour so that shouldn't be an issue." While he spoke, Kurt reached over and gave a tug on Mr. Jones' jacket.
"May I have a moment to speak with my client your honor?"
"You may." Mr. Jones then leaned down so that Kurt could speak to him, and Wes couldn't help but believe he was trying to spin the situation which he had a tendency to do. After a few minutes passed, Judge Watkins broke up the conversation. "Mr. Jones, do you have something to say to the court?"
"My client takes issue with the fact that we cannot cross examine Mr. Karofsky as he feels he has ulterior motives for reaching out to Mr. Smythe." Mr. Jones replied. "I would feel better if I had the opportunity to cross examine Mr. Karofsky.
"Your honor, I'd like to call Santana Lopez to the stand as I feel she will be able to help shed light on this situation." ADA Strauss countered.
"Very well."
"I call Santana Lopez to the stand." With that said, Santana took a deep breath before getting up too take the stand. For as confident as Santana came across as, Wes knew the uncertainty she was feeling knowing her words could have an impact on the situation, therefore affecting Blaine and Sebastian. Once she reached the stand, it didn't take them long to swear her in so they could begin. "Miss Lopez, how long have you known Mr. Hummel?"
"Since childhood." Santana replied, though her initial instinct of a response was a sarcastic answer, of too long.
"Were you friends?"
"No. We didn't really become friends until approximately our senior year of high school, though most probably would've referred to us as frenemies."
"Why is that?"
"Our personalities and social circles didn't mesh." Santana told her. "It wasn't until some unforeseen circumstances did we gather a better understanding of each other."
"What situation brought this on Miss Lopez?"
"I was outed during my senior year, and lets just say it didn't garner the best reaction. I had a better understanding of what Kurt went through being gay in a small, close-minded town."
"Did you ever bully him Miss Lopez?"
"I did, but it wasn't because he was gay, it was because he was a pain in the…you know." She said, glancing at Judge Watkins at the end who subtly shook his head, but clearly appreciated her watching her language.
"Were you friends with Dave Karofsky?"
"I was, as football players and cheerleaders tend to run in the same social circles. And at our school, those two groups basically ran things and got away with a lot."
"Were Mr. Karofsky and Mr. Hummel friends?"
"Not until senior year, and late senior year in their case."
"Did Mr. Karofsky bully Mr. Hummel?"
"He did, something which Dave regretted later on."
"Why is that?"
"Hearsay your honor." Mr. Jones stated.
"Given the nature of this testimony, I will give them a bit of leniency." Judge Watkins stated. "You may question anything she says on redirect Mr. Jones." After Mr. Jones agreed, ADA Strauss resumed her questioning.
"Do you need me to repeat my question Miss Lopez?"
"No. Part of the reason why Dave regretted bullying him, is it was brought on by his own insecurities. You see, Dave is gay and watching Kurt openly walk about, made him uncomfortable."
"Why is that?"
"Your honor."
"My previous statement applies Mr. Jones."
"It's as I said, we lived in a small town and, it's hard enough to come out as gay, lesbian, or bi, let alone being a football player doing so. Given the small mindedness of those around him, Dave didn't feel confident enough in those he surrounded himself with to do so."
"Obviously Mr. Karofsky finally came out, how did it go?"
"It was essentially his worst nightmare, and it was too much for him."
"How so?"
"I'm not comfortable answering that." Santana replied.
"Miss Lopez, you need to answer the question ADA Strauss."
"It's not my story to tell your honor." As she spoke, Kurt leaned over to Mr. Jones who was soon standing.
"Yes Mr. Jones."
"My client filled me in on what she's apprehensive to discuss, so if she feels more comfortable confiding in only you, we have no objection."
"While I commend your statement, given this is closed court, she needs to answer on record so we all hear the same thing. Miss Lopez, what you say won't leave this room, so please answer the question."
"Alright." Santana replied, before looking over at Wes who gave her a reassuring smile. "Dave attempted suicide once the students at his new school found out he was gay and relentlessly harassed him, ensuring everyone knew. Sad as it is to say, it was a wake-up call we all needed regarding the impact of our actions on others. No matter how brave a front they put on, one never really knows what's going on inside if they don't want you to." She then reached for a tissue as she'd begun to cry, for while she was talking about Dave, the moment related to Blaine as well as he didn't let anyone know what Kurt was doing to him.
"Are you alright Miss Lopez?" ADA Strauss asked as she took a deep breath to compose herself.
"I just need a minute, is that alright?" Her response prompted ADA Strauss to look at Judge Watkins as it was his call.
"Of course, as clearly this issue struck a chord with you."
"In more ways than one." Santana told him as she dabbed her eyes, hating that she was able to hold it together. Once she composed herself, she let ADA Strauss she was ready to resume.
"Given all which you've stated, do you feel Mr. Karofsky had ulterior motives reaching out to Xavier Smythe?"
"No, he was simply doing what he felt was right since he has nothing to gain in this situation."
"Thank you Miss Lopez. That's all I have for this witness at this time, but hold the right to redirect once Mr. Jones is done."
"Noted. Mr. Jones, the floor is now yours."
