5YL Let the Encore Commence

Part 74

Having flown into Ohio the night before, Carter was eager to get the day started, as it would mean he'd soon be on his way back to New York, and his wife. After trying the coffee at the hotel, Carter headed out, hoping to get a decent cup somewhere before heading into court. Unfamiliar with his surroundings, he decided to call Hunter to ask where the best place would be, which lead him to the Lima Bean. Being raised in the city, Carter felt a bit out of his element as while the place was bustling, it was different from what he was used to. He was about to take a sip from his cup, when he heard Kurt's name spoken, causing him to look over his shoulder, which led to him making eye contact with Burt.

"You're the last person I expect to see here this morning." Burt said to him. "But, I'm glad you are."

"Is that so?" Carter replied, aware Burt wasn't impressed with his defense of his son.

"Yes." Burt told him. "I know I haven't always agreed with how you've handled things, but, I've been reminded, you can only do so much, especially when Kurt doesn't listen."

"Then, thank you." Carter said to him. "Are you going to his hearing today?"

"I am." Burt replied. "I take it, you saw the video."

"I'm fully briefed on what Kurt did to bring forth this hearing." Carter told him. "Now if you'll excuse me Mr. Hummel, I need to get to the courthouse. Otherwise, I won't have time to speak with Kurt before the hearing begins."

"You haven't spoken to him yet?"

"No, as by the time I got into town last night, visiting hours were over, even for attorneys." Carter replied. "I'll see you at the courthouse Mr. Hummel." Considering the way others were looking at them, Carter couldn't get out of there fast enough. Yet in his hurry, he ended up bumping into a young lady on his way out, unaware it wouldn't be the last time he saw her.

Once he arrived at the courthouse, he didn't have to wait too long till Kurt was brought in to a room so the two could speak. "When they told me my attorney was waiting for me, I didn't think I'd see you." Kurt said to him. "Didn't know you could practice outside of New York?"

"Arrangements were made so someone familiar with your case was here to represent you." Carter replied as Kurt took a seat. "While you've said worse, the timing of this outburst was ill-timed, since everyone was watching you since the Anderson-Smythes were in town."

"Nothing I said wasn't true, Smythe's a bastard."

"Kurt, whether it's true or not isn't the issue, you're not to talk about them, period." Carter said to him. "As far as you're concerned, their names shouldn't even be in your vocabulary anymore."

"They're blackmailing me."

"Are they now?"

"Yes. Blaine told me if I didn't leave Sebastian alone, he'd show my Dad and Carole proof that I cheated on him."

"And did they?"

"Yes, Sebastian dropped off an envelope to them on Sunday af…"

"So you admit what you said."

"It shouldn't matter, they're blackmailing me!"

"Kurt, you do recall you admitted to cheating on Blaine when the two of you divorced, don't you?"

"What does that have to do with it?"

"Kurt, showing proof of something you admitted to, isn't really blackmail." Carter told him. "Blackmail is when you have proof someone did something, no one else knows about. It's common knowledge to those familiar with this case, you not only cheated on Blaine, but abused him, and your Dad was present for those confirmations."

"It's Blaine's word against mine."

"Kurt, you admitted to it. Not only during the divorce proceedings, but before me and the court. So, while giving your parents proof is cruel, it's not illegal."

"They gave it to my Dad and Carole!"

"I understand that, but, the fact this wasn't new information…"

"But…"

"Kurt, I understand you're unhappy that your family now has proof, but what they did, isn't blackmail, though I could see how you would think so." Carter told him. "Also, something of value needs to be gained in return. And, they wouldn't gain anything in return if you stopped speaking ill of Sebastian."

"So, what you're saying, there's nothing you can do?"

"No. If I tried, I judge would likely dismiss it."

"Of course, Judge Watkins would."

"Kurt, legally, they did nothing wrong, because while peace and quiet is nice, it's not seen as something of value. The only thing one would ask, is why it wasn't presented at the time of your divorce, as it would've probably sped things up." Carter then took a sip of his coffee as Kurt fumed. "Now, care to tell me what prompted your outburst on Sunday morning?"

"Does it matter?"

"It does, because if Miss Jones or Mr. Puckerman provoked you, the court might show some leniency."

"They said a lot of nasty things."

"Kurt, I watched the video, what precisely said, set you off?"

"Puck knew I was sent for a psyche eval, and he only could've known about that from either that bitch Marley, or Blaine and Sebastian said something?"

"Are you certain of this?"

"Yes, even if Puck denied it."

"Are you sure, there was no one else he could've found out from?" When Kurt looked away, Carter rounded the table. "Kurt, if you're not honest with me, I can't help you."

"Fine, one of the correction officers went to high school with us, and…"

"He was friends with Mr. Puckerman I presume." Kurt nodded. "While it's not professional, there's nothing stopping him from saying anything. There's no presumption of confidentiality."

"Are you serious?"

"I am. Now, the best thing for you to do, is apologize to the court, sincerely may I add, and they might let this lapse in judgment pass."

"If they don't?"

"Presumably, they'll fine you once more, or add hours to the amount of community service you need to serve." Carter told him. "Given the financial hole you've already dug yourself, I'd hope for more community service."

"You think?" Kurt sarcastically replied.

"And that attitude right there, is why I didn't want to come." Carter said to him. "You've dug yourself a hole so deep Mr. Hummel, only you are capable of getting yourself out of it!"

"And how do you expect me to do that?"

"Forget about the Anderson-Smythes, focus on yourself! Nothing the Anderson-Smythes do, impacts your life." Carter replied. "I understand you may be jeal…"

"I'm not jealous!" Kurt exclaimed loudly enough for a guard to knock on the door, and ask if everything was alright, which Carter confirmed it was. "They're never going to last!"

"Be honest with me Kurt, are you still in love with Blaine?"

"Why would you think that?"

"Because there's no other reason for you to be so hung up on him." Carter replied. "You do realize this mess started once you found out Blaine was dating Sebastian, after your divorce was finalized."

"He was seeing him before that."

"If he was, does it matter since you weren't only legally separated, but in the midst of a divorce."

"He…"

"Kurt, just stop, please. Answer my question, as your feelings for Blaine, whatever they may be, are at the root of your problem."

"Why do you care?"

"Because I want this to end, I want you to move on with your life, leave this in your past."

"Hard to do when there's a permanent order against me."

"Kurt, if you leave them alone, does it even matter. If you leave them alone, the order won't come into play."

"Then why would it need to be there?"

"Because you've proven incapable of controlling yourself in regards to the Anderson-Smythes." Carter told him. "Look at the way you react, simply with their names being mentioned, regardless of context. You can't help but comment in a derogatory manner."

"Dr. Brady said I have impulse control issues."

"So, I've read."

"Excuse me?"

"Kurt, the doctor's findings were submitted to the court. I'm aware of your diagnosis. Which is why I want you to focus on the big picture. If you simply follow the court's orders, you can move on with your life, relatively."

"Relatively?"

"Yes, as you'll be paying off your fine for quite some time."

"Tell me about it, especially if I can't find a better job than working for my Dad."

"Kurt, if you behave, people will be more likely to hire you."

"I doubt that."

"Kurt, I've spoken to some public relation specialist, and right now, your behavior is what's stopping you from being hired, not your skills."

"That's not right."

"Kurt, if you own your own company, would you hire someone that could paint your business in a bad light."

"No, I…doesn't mean it's right."

"Yet no business wants to hire someone who reflects poorly on them, it's what cost you your job at Vogue."

"How do you know that?"

"I was representing you when it happened. So, until you get your act together, it's going…"

"To be impossible to get a better job, that's what you're saying right?"

"Essentially." Carter told him. "Which is why I'm telling you to focus on yourself, and not on the Anderson-Smythes."

"But…"

"Kurt…"

"Only I can fix this." Kurt replied, as there was another knock on the door before it was opened, to inform them court was about to begin.

When they made their way into the courtroom, Carter was surprised to see ADA Strauss at the prosecution table, along with another person, presumably the ADA for the county. Also in attendance was Xavier and Patrick, along with Burt and Carole who were seated behind the defense. After the courtroom doors were closed, the bailiff entered. "All rise, the honorable Judge Conners presiding." Kurt's attention immediately went to Carter as the older woman entered the courtroom, then taking her seat.

"Well, this is certainly a first for me." She stated. "Welcome to Lima, ADA Strauss."

"Thank you for allowing me to be here your honor." Miss Strauss replied after she rose to her feet. "I know this is an unusual situation, yet do to the nature of the case against Mr. Hummel, we felt it best this matter be handled immediately."

"I would have to agree based on the synopsis I've been given." Judge Conners stated. "Although the matter appears straight forward, it is rarely the case in these situations. Is there a representative here for speak on behalf of the Anderson-Smythes should it be necessary?"

"Yes, your honor, Xavier Smythe." Miss Strauss replied, and Xavier rose in response, causing Judge Conners to look at her paperwork.

"You're Sebastian Anderson-Smythe's father, correct?"

"Yes, your honor." Xavier stated. "I was representing Blaine Anderson, before he and my son were married."

"A bit unusual, but based on how long this case has been on-going, understandable." Judge Conners replied. "Who is that with you, since this is a closed hearing?"

"Patrick Anderson, your honor, Blaine's father." Xavier replied.

"Very well." Judge Conners then turned her attention to the defense table. "Mr. Jones, is that correct?"

"Yes, your honor." Carter said in response once he was standing.

"I see you too, are here from New York to represent your client."

"Yes, your honor. Based on the complexity of the situation, it was best I travel, instead of Mr. Hummel being represented by a public defender."

"I would have to agree." Judge Conners replied. "And who is in the gallery, so I'm aware of all that are involved."

"That would be my client's father, Burt Hummel, and his step-mother, Carole Hudson-Hummel."

"Although this isn't new for any of you, let me remind you that you are to remain silent during the proceedings, or you will be asked to leave, do you understand?" They all responded in the affirmative. "Very well, ADA Strauss, you may begin."

"Thank you, your honor." She replied. "We're here before you today, because once again, Kurt Hummel, was unable to abide by the rules set forth before him. Mr. Hummel is not allowed to speak negatively about either of the Anderson-Smythes, in public or online, yet just this Sunday, he did so once again. Documented by the video we've submitted as prosecution evidence, A. With the court's permission, we would like to share this video with the court."

"You may." Judge Conners replied, so her bailiff, took the video to the monitor, then pressed play. Once the confrontation with Mercedes and Puck began to play, Carole could only shake her head, at the comments Kurt was making in the shop. Only for the footage to follow Mercedes outside, where she and Puck ended up speaking to Jordan, sharing everything Kurt had said to them. Once the footage ended, Judge Conners looked at the defense. "Does your client care to comment Mr. Jones?"

"Not at this time your honor, though, he would like the court to know his responses were provoked."

"I see." Judge Conners replied. "ADA Strauss, do you have anything else to present to the court?"

"I'd like to call Marley Rose to the stand, as her name was mentioned by Mr. Hummel to his father, then again in the conversation with Miss Jones and Mr. Puckerman." Judge Conners nodded, then a side door was opened, and Marley made her way into the courtroom, and Carter realized she was not only the woman he'd bumped into leaving the Lima Bean, but the receptionist. Once she was sworn in, Marley took her seat. "Miss Rose, you know the defendant, don't you?"

"Yes ma'am." Marley replied. "I met him during my time at McKinley, though he graduated the previous year."

"How so?"

"He was dating Blaine Anderson at the time, so he was around before he left for New York."

"Did you introduce yourself to the defendant during admission?"

"No, as it was obvious he had no recollection of who I was." Marley replied.

"I'm going to get straight to the point Miss Rose, did you tell Noah Puckerman that the defendant was a patient?"

"No ma'am."

"Are you certain?"

"Yes ma'am, as up until the benefit last weekend, I hadn't seen him since high school."

"Approximately how long ago?"

"Eight, nine years."

"Thank you, Miss Rose." ADA Strauss said, before looking at the judge. "I retain the right to redirect."

"Very well. Mr. Jones." Judge Conners stated.

"Miss Rose, are you in contact with anyone from high school?"

"Yes."

"Closely?"

"Some yes, while others not so much, but we talk on occasion." Marley replied.

"Were you aware of the situation between my client and Blaine Anderson, prior to his admittance?"

"I was, as it's almost impossible not to if you follow Blaine's career."

"So, only because of media coverage."

"No, as it's quite the topic on the McKinley alumni message board, along with other social media platforms."

"How did you first become aware of the issue between them?"

"When Kurt wrote a nasty post on his page years ago after first seeing Blaine and Sebastian together. I didn't realize how bad it was, until those close to Blaine started to respond, from there, it only got worse." Marley said in response. "From that moment on, the situation intensified, till they ended up in court."

"Did you discuss this situation with anyone?"

"Of course, as we know them. It's not often there's a situation of this nature where you actually know those involved."

"Who specifically did you talk to about it?"

"My Mom, Unique, Kitty."

"Not Mr. Puckerman?"

"No, as I said before, until Saturday night, I hadn't seen Noah since high school. The only Puckerman I'm in contact with, is his brother, Jake, yet we only talk every couple of months."

"Did you tell Jake Puckerman, my client was a patient?"

"No." Marley replied. "I probably talked to Jake a month prior, then we got to catch up at the benefit."

"Thank you, Miss Rose, I have no further questions." Carter stated before turning to sit back down.

"ADA Strauss, do you have any further questions for this witness?" Judge Conners asked.

"No, you're honor."

"Very well. Thank you for coming Miss Rose, you're dismissed." After, she left the stand, ADA Strauss called her next witness, Mercedes. "ADA Strauss, your witness." Judge Conners stated once she was sworn in.

"Miss Jones, will you please tell the court, what brought you to Hummel Tire and Lube this past Sunday?"

"I wanted to talk to Kurt about everything I found out the previous evening." Mercedes replied.

"What did you find out Miss Jones?"

"I learned, most of what Kurt had told me about his problems with Blaine, were lies, and the actually rumors, were indeed the truth." Mercedes replied. "I also found out, he went after a former friend of ours, because she dared take Blaine's side."

"Who was this friend, Miss Jones?"

"Rachel Berry. The weekend of the benefit, was an eye-opener for me, to say the least."

"Why do you feel the information you received this weekend is correct, versus what Mr. Hummel told you?" ADA Strauss asked.

"Because multiple people told me the same stories, all differed from Kurt's."

"What made you believe them?"

"I've known these people for over a decade and, they didn't paint the picture in one stroke, not to mention, they rarely saw eye to eye back in the day. They gave the complete picture, which didn't always paint everyone in a great light, but, I believed them."

"How did this differ from Mr. Hummel's?"

"Because he never took any responsibility, everything was always Blaine or Sebastian's fault." Mercedes replied. "I'm sure they played a part, but, so did he. And after talking to Blaine this weekend, it was obvious, he wants nothing to do with Kurt. If anyone even mentioned his name, Blaine or Sebastian tried to change the subject."

"Miss Jones, did Miss Rose tell you or Mr. Puckerman, Mr. Hummel had been admitted for an evaluation?"

"No, and I wasn't told, Puck was, by a friend. That portion of the conversation, surprised me, yet Kurt's behavior after the fact, made me realize it was necessary. I mean, the fact Kurt can't leave them alone after all this time, something's not right." Kurt was about to speak, but Carter basically glared at him to keep him quiet.

"So, you find Mr. Hummel's behavior, questionable?"

"I do. I mean, there's no love loss between Kurt and Sebastian, yet, I never thought he'd treat Blaine this way, I believe he truly loved him. I guess I was wrong, about a lot of things."

"Thank you, Miss Jones. That's all I have for this witness, once again, I reserve the right to redirect if necessary." ADA Strauss stated before taking her seat.

"Miss Jones, up until reuniting with former classmates, did you believe my client's account of what happened between he and the Anderson-Smythes?"

"I tried not to choose sides, even when Kurt and Blaine were divorcing?"

"Why is that?"

"Because they were my friends, and…"

"And what?"

"Some of Kurt's accusations, seemed, far-fetched."

"Did you question him?"

"Of course, but it's hard to get answers when you're not talking in face to face." Mercedes replied. "It's easier to tell someone what you think they want to hear, when you're not looking them in the eye."

"I can't argue with that rationale Miss Jones." Carter said to her. "If you had to guess why my client behaves the way he does, what would you say?"

"He realized he screwed up the best thing that ever happened to him, but it didn't hit him, till he saw Blaine with a man he despises." Once again, all it took was a look from Carter, for Kurt to refrain from answering. "From the moment Kurt met Sebastian, he didn't trust him., because he didn't hide the fact he was interested in Blaine."

"I see. Now, Miss Jones, what made you agree to perform at the benefit?"

"Blaine called me, asked if I was free, because the situation between him and our former director, Will Schuester, disintegrated." Mercedes replied.

"So, you weren't performing before then."

"No, as Blaine didn't want to put me in a no-win situation."

"No-win?"

"Yes, as he knew I didn't want to choose sides between he and Kurt, and performing at his benefit, would be seen as choosing sides."

"Yet, he ended up calling you."

"Yes, as Mr. Schuester's behavior, put him in a bind, which I was more than happy to help him with." Mercedes told the court. "Easy as it would've been to be offended, by not being asked in the first place, if one knows Blaine, he never wants to put someone on the spot."

"So, your decision wasn't based on supporting Blaine Anderson-Smythe, over my client."

"No, I was simply helping a friend." Mercedes replied. "Blaine's never asked anyone to choose between him and Kurt, that's always been Kurt's SOP. The fact Rachel and I supported both of them, frustrated them."

"Yet now, you support Blaine Anderson-Smythe."

"Yes, but that doesn't mean I still don't care about Kurt, I, I just want him to get help."

"You want him to get help, but had no issue arguing with him." Carter said to her.

"What was I supposed to do, let him flat-out lie to me? Hell no."

"Miss Jones." Judge Conners stated.

"Sorry, your honor." Mercedes replied. "I just could stand there in the shop, and listen to Kurt lie. He says all this is Blaine's and Sebastian's fault, yet he's the one with the restraining order, keeping him away from them. And while I'm not a lawyer, I know those aren't given out for no reason."

"Mr. Jones, do you have anymore question for this witness?"

"No, your honor."

"ADA Strauss."

"No, your honor."

"Very well. Miss Jones, you're excused." Judge Conners said to her, and soon a relieved Mercedes left the stand. "Do you have any other witnesses ADA Strauss?"

"Not at this time, your honor." Miss Strauss replied.

"Mr. Jones, present your first witness."

"I call, Kurt Hummel to the stand."