5YL Let the Encore Commence

Part 75

No sooner had Carter spoke, was Burt sitting forward to get his attention. "Mr. Jones, is there a problem?" Judge Conners asked, only for him to reply that he needed a minute with his client, which she obliged. Yet at the same time, ADA Strauss was seemingly pleased by the way things were playing out.

"What, is the problem Mr. Hummel?" Carter asked quietly as he gathered his notes.

"He can't testify." Burt told him. "It won't go well."

"And why is that?" Carter replied, though the sarcasm in his tone seemingly went over Burt's head.

"You know exactly why it won't go well." Burt replied, causing Carole to glance over at Xavier and Patrick who were watching the situation play out.

"Well, he gave me no other choice now, did he?" Carter countered. "I told Kurt earlier, his only hope in this situation is a heartfelt apology and to show remorse for what he said."

"Relax Dad, it'll be fine." Kurt told him. "I'll apologize for what I said about the meer, Smythe, and she'll see the ADA overreacted. You've said it yourself, she's only doing this because Blaine's famous."

"Kurt, please reconsider."

"Mr. Hummel, if I don't put him on the stand and allow him to explain why it happened, he's going to be found guilty based on the video." Carter replied. "Right now, Kurt needs to show a semblance of self-control in order to get out of this situation." He then looked at Kurt. "Make your way to the stand, but remember what I said, only you can help you at this point, give me something to work with."

"I will."

"That's what I'm afraid of." Burt mumbled before Kurt headed towards the stand. "He shouldn't testify." He said to Carole.

"I know, but it's as Mr. Jones stated, it's the only thing he's got to work with since the video is so damning." Carole told him. "I have the same doubts, but as Kurt was just told, only he can help himself, and Mr. Jones isn't the first person to say it." Burt reluctantly nodded, though his apprehensions about Kurt testifying, weren't disappearing.

After he was sworn in, ADA Strauss looked back at Xavier and Patrick, and smiled, before bringing her focus back to Kurt, leaving the duo wondering what she had up her sleeve.

"Mr. Hummel, would you please tell the court what the last couple of weeks have been like for you, leading up to the benefit." Carter said to him, hoping he chose his words wisely.

"Frustrating, because it seemed to be the only thing anyone in Lima was talking about." Kurt told the court. "And I don't even know why, it's not as though most of them were going. But I guess things like this rarely happen around here, while they're a staple in New York."

"So, you heard all this, without being online."

"Yes. I would've had to be living in a bubble not to hear about it." Kurt replied. "My Dad did everything he could to keep me from being overwhelmed by it, yet it was impossible."

"What about the event bothered you?" Carter asked him.

"Listening to everyone putting Blaine and, Sebastian on pedestals for using their notoriety for good. If they really knew either of them, they wouldn't be doing it." Kurt said. "The only reason the two of them are doing it, is so people don't begin to see who they really are."

"Objection, your honor." ADA Strauss chimed in. "Mr. Hummel's opinion of who the Anderson-Smythes are, is augmented to say the least."

"Based on the reports I've read ADA Strauss, I have to agree with you. Objection granted." Judge Conners replied. "Mr. Hummel, please keep your personal feelings for the Anderson-Smythes to yourself, stick to factual information."

"But…"

"Mr. Hummel, there are no buts, stick to the facts." Judge Conners responded, before looking at Carter. "Mr. Jones…"

"I'm sorry, your honor." Carter said before taking a deep breathe, prior to continuing. "Regardless of your thoughts about the Anderson-Smythes, does that really change the good they are doing. After all, you yourself didn't have the easiest of times after you came out."

"Correct, but that was mostly because of other people."

"What went through your mind when you first met Blaine Anderson?"

"Excuse me?" Kurt replied.

"Do you need me to repeat my question?"

"No, but I don't see why that matters."

"Answer the question Mr. Hummel." Judge Conners stated in response. "And remember, you're under oath." A statement which didn't go unnoticed by anyone in attendance.

"I was smitten with him, as I'd never met anyone like him before." Kurt replied. "He was…unlike anyone I knew. There he was, out, and no one gave it a second thought. I wanted that for myself."

"Now, let's skip ahead in time to after your divorce from Blaine Anderson." Carter said to him. "Once your divorce was finalized, what were your thoughts pertaining to him?" The fact Kurt sat silently, didn't go unnoticed, nor did the fact he looked to the ground quite a few times.

"Answer your lawyer's question Mr. Hummel."

"I was angry."

"Why is that?"

"Because in the end, Blaine's high-priced lawyer made sure I got nothing in the end, even after all I put up with." Kurt replied, a definite edge in his voice.

"So, you weren't upset it was over?"

"I never said that."

"So, you were." Carter waited a moment, before continuing. "Was it because the marriage was officially over, or another reason?"

"I was feeling a lot of things, but yes."

"Yes, to what."

"What you said."

"Which part?"

"I was angry it was over, because I, never mind." Kurt told him before looking at Burt, who was shaking his head.

"Once again, answer the question Mr. Hummel." Judge Conners said to him.

"Fine, I thought Blaine might change his mind, once we had some time apart."

"Is that why you fought the divorce the way you did?"

"I fought the divorce, because Blaine blew things out of proportion and I wasn't going to allow him to lie about me the way he was." After Kurt answered, Carter looked back at Patrick who was speaking with Xavier, clearly agitated by what had been said. "And if he was going to go through this this, he was going to work for it." It took everything ADA Strauss had in her, not to react to his response.

"When it became obvious he wasn't going to back down, why didn't you?"

"Because I wanted him to know, I wasn't going to just let him walk out on me the way he did."

"Because you loved him?"

"My feelings for Blaine, are complicated."

"Is that why you have problems staying out of his life?"

"My problem, is that son-of-a-bitch he calls a husband." The next sound heard, was Judge Conners gavel coming down.

"There will be none of that type of language in my court room Mr. Hummel, do you hear me?"

"I'm sorry, your honor."

"While your apology is appreciated, I feel it wasn't a simple lack of judgement on your part." She told him. "Whether you like Sebastian Anderson-Smythe or not, you will treat him with respect in this court room. Do you understand?"

"I will try your honor."

"No, you will do so Mr. Hummel, or I will hold you in contempt." Judge Conners stated before looking at Carter. "Mr. Jones, try wording your questions in a manner which your client won't be tempted to disobey the rules of this courtroom."

"Yes, your honor, I'm sorry." Carter said in response. "So, your complicated feelings for your ex-husband, is the reason you speak out the way you do."

"Yes." Kurt told him. "Along with the fact, I can't stand his husband."

"It's because of those feelings, you behave the way you do."

"Yes, because ever since the two of them got together, presumably, my life's been turned upside-down, and, it's not fair."

"What's not fair?"

"They're living it up, while I've had everything taken from me, it's not fair. They get everything handed to them, while I'm stuck here because god forbid anyone speak against them."

"Allow me to play devil's advocate here, but you're not allow to speak against him, because of terms you agreed to." Carter said to him. "Do you feel you were pressured to do so?"

"No, but that was before Smythe was involved." Kurt replied. "The mere sight of him, pisses me off. So with Blaine being famous now, I constantly have to see his smug, face." Burt sighed in relief as he knew Kurt had just come close to violating Judge Conners rules. "I don't think it's fair, the same rules that apply to Blaine, apply to him. I didn't agree to those."

"Your honor, Sebastian Smythe was added to the clause, after constant violations on Mr. Hummel's part, pertaining to Blaine Anderson, as he constantly used Mr. Smythe against Mr. Anderson." ADA Strauss said to the court.

"I am aware of that ADA Strauss, but thank you for the explanation, as I see from the case summary, this was done prior to the Anderson-Smythes marrying." Judge Conners replied. "Please proceed, Mr. Jones."

"Yes, your honor." Carter said in response. "Mr. Hummel, do you try to refrain from speaking about the Anderson-Smythes?"

"I do, but it's almost impossible with all the coverage their given." Kurt replied. "Blaine's basically every where right now, and anytime he brings, his husband, it's all people talk about. Expecting me not to comment, is, impossible, especially with our history."

"So, you feel the court set you up to fail."

"Yes." Carter took a step back, before telling Judge Conners he was done, yet reserved the right to redirect.

Once he was seated, Burt leaned forward to get his attention. "What the hell was that about?"

"Showing the court, how incapable he is of controlling himself when it comes to them." Carter replied quietly as ADA Strauss got up from her seat to cross-direct. "Hopefully, Judge Conners will see what Kurt said, they expect the impossible. He's incapable of not commenting when it comes to Blaine and Sebastian." Judge Conners was about to speak, when Carter turned back around, promptly apologizing for the interruption.

"We're in familiar territory, aren't we Mr. Hummel." ADA Strauss said to him. "Once again, you proved you simply can't help but speak negatively about either Blaine or Sebastian Anderson-Smythe. What was it this time, that set you off, was it, the creation of a successful foundation, for such a worthwhile cause? The charity single they sang on, released by Blaine Anderson-Smythes label? Or was it simply Miss Jones and Mr. Puckerman, refusal to see the Anderson-Smythes, the way you do?"

"They don't know them the way I do."

"Mr. Hummel, up until that fateful October night three years ago, the last time you saw Sebastian Anderson-Smythe, was when he was still in high school." ADA Strauss replied. "By my count, it had been close to five years, people change."

"Not him, people like him never change." Kurt said to him. "He's a self-absorbed, egotistical rich kid, who never had to want for anything, and expected people to kiss his feet."

"Mr. Hummel, you just proved my point, as Sebastian Anderson-Smythe is no longer a child, he's a twenty-six-year-old man." ADA Strauss told him. "Who has not only graduated from college, but law school. Maybe it's time you recognize the man he is, versus the boy you once knew."

"He's still the same person, age hasn't changed him."

"According to you, but I forgot, your word is law, isn't it?" Before Judge Conners could speak, she apologized, knowing she pushed a bit too much. "Now, Mr. Hummel, is your issue with Sebastian Anderson-Smythe his confidence or the fact he grew up, privileged?"

"How about he didn't respect the fact Blaine was mine back in high school." Kurt replied.

"Showing interest in another isn't illegal Mr. Hummel. Sounds as though you were insecure in your relationship with your then boyfriend."

"Maybe, but in the end, I won, Blaine married me."

"Then divorced you." She quickly replied. "Per the court records, Blaine filed for legal separation from you after a mere eighteen months of marriage. Yet, it took the two of you over thirty months to divorce."

"Divorce isn't simple Miss Strauss."

"True, but I've seen high profile divorced, with substantial assets, settled quicker than your brief marriage." ADA Strauss told him. "The fact the two of you had a pre-nuptial agreement, and it took that long, baffles me." She continued as she walked closer to him. "Be honest with me here Mr. Hummel, did you ever love your ex-husband or did you love what he represented?"

"What does even mean?"

"I'm referring to the fact the Andersons refused to sign-off on your marriage to their son, until you signed a pre-nuptial agreement keeping you from Blaine's substantial trust fund." She hadn't even finished her question, when Patrick and Xavier exchanged knowing smiles.

"Blaine's Dad forced that on him, because he didn't like me."

"According to you, or possibly, Patrick Anderson didn't trust you or your interest in his son."

"The only person Patrick Anderson cares about, is himself, he doesn't give a damn about Blaine, never has."

"If you'd like Mr. Hummel, I can always call him to the stand, allow him to give his side of the story." She replied. "And while it's true, Blaine and his father had some issues, they've overcome them, something you would've known if you bothered listening to your then husband."

"ADA Strauss, I'm giving you some leeway here, but please tell me, you have a reason for this line of questioning."

"I do, your honor, thank you for your leniency." ADA Strauss said in response. "You see Mr. Hummel, I've been going over this in my head, ever since the case against you landed on my desk. Numerous scenarios have crossed my mind, and due to your diagnosis, more than a few explain your behavior. And understanding that, is a step in the right direction, at least for me, in regards to dealing with your constant harassment of the Anderson-Smythes."

"I don't constantly harass them."

"But you do Mr. Hummel, you harassed them to the point a judge granted them a permanent restraining order." ADA Strauss stated. "This wasn't because of one sole exchange between you and the Anderson-Smythes. Your behavior continued to spiral, as is proof of you continued, increasing fines for your behavior."

"Fines I shouldn't have to pay because Blaine doesn't need the money." Kurt blurted out, earning him another warning from Judge Conners.

"Something your ex-husband acknowledged, which is why that money is split between two charities of the Anderson-Smythes choosing." She said in response. "He's also stated on the record, that even if he needed the money, he wouldn't take it, as he wants nothing from you or to do with you." She proceeded to look at her notes. "Yes, here in one of the earlier hearings in which you violated the order of protection, Blaine stated, and I quote. After all the hell I've gone through in my life, the one thing I regret the most, was every allowing him, that would be you Mr. Hummel, into my life." Patrick looked at Xavier who nodded, as he remembered the moment. "That speaks volumes Mr. Hummel, considering your ex-husband was victim of a hate-crime that left his family wondering if he'd survive."

"He didn't mean that, he was just angry with me for something I said about Sebastian." Kurt replied.

"I might entertain that notion, if there weren't at least thirty similar statements made by Blaine, in court, regarding his feelings concerning you." ADA Strauss said before setting her folder down. "I'd gladly repeat them to you, but, I'm rather certain you remember each of those instances."

"You don't know him."

"Neither do you, Mr. Hummel. And I believe once you learnt Blaine was starting to make a name for himself in music, it bothered you. After all, you yourself said earlier today, you didn't think he was anything special. Yet there was your ex-husband, living his dream, doing what he loved. Per testimony from earlier hearings, you yourself admitted, the man you saw on that stage, reminded you of the boy you first fell for." ADA Strauss said to him. "You also saw he was being supported by people you'd encouraged him to exclude from his life. Then, the final shoe dropped, you saw he was happily involved with a man, you can't stand. In that moment, you showed those close to him, what he'd been having to deal with."

"That's not what happened."

"Really, you didn't attempt to hit your ex-husband that night?" She replied. "I have the witness statements Mr. Hummel that contradict your accounting of that evening. From there, you became a bit unhinged, as you became obsessed with not only your ex-husband, but his relationship with his now husband."

"Sebastian's no good for him!" Kurt stated.

"Really, because by my account, the two have been together, happily, outside of dealing with this situation with you, for over three years."

"Your honor, I'd like to know where ADA Strauss is going with this." Carter said, though he had a good idea of what she was doing.

"Get to your point ADA Strauss." Judge Conners stated.

"Yes, your honor." She replied. "I'm highlighting the fact Mr. Hummel didn't become interested again in Blaine Anderson, until he saw what he was doing with his life. Whether he outwardly admits it or not, deep down Mr. Hummel knew his ex-husband was going to find commercial success. And he wanted the spoils of that success."

"Do you have proof of this?"

"I do, your honor." ADA Strauss stated, before reaching back for a piece of paper from the table. "This is marked as prosecution evidence B, the transcript from the litigation proceeding after Mr. Hummel attacked Blaine Anderson. Mr. Hummel stated before Judge Thompson, their divorce judge, he should be eligible for some sort of support since Blaine was making money as a musician, a career he helped nurture."

"Those records are sealed your honor." Carter said to the court. "There's no way she could no what was said in those proceedings."

"But I do, as Blaine Anderson-Smythe signed a waiver allowing access to those records, as well as allowed his attorney to be questioned by my office." ADA Strauss replied. "For the record, Mr. Jones, plenty of information was redacted. Only pertinent information was released."

"Your honor, my I have a recess to look over this transcript since I'm only seeing this now."

"You may." Judge Conners replied. "Court is in recess for the next thirty minutes, hopefully that's enough time Mr. Jones." The next sound heard was her gavel coming down, then they all rose prior to hear exiting the courtroom.

"What's going on?" Kurt asked once he returned to the table as Carter was already skimming the transcript.

"She's making a case to hit you where it hurts most, your bank account."

"He has no money." Burt stated, before looking to the side where ADA Strauss was speaking with Patrick and Xavier. "You can't get money from someone that doesn't have it."

"That's the thing Mr. Hummel, this judgment never expires, meaning Kurt will continuing paying out to the Anderson-Smythes favorite charities, until it's paid off."

"Why not more community service?"

"Because he laxed on it earlier, and if it wasn't for Judge Watkins stating he'd go to jail if he didn't met his next deadline, it wasn't going to get done."

"I thought this was about proving whether or not Kurt violated the order." Carole chimed in, surprising everyone.

"Clearly she feels the video made her case, now she's letting Judge Conners know what type of punishment is going to have the most impact." Carter replied. "Now, if you'll excuse me, I have to read over this transcript. But before I go, Kurt, is there anything you want to tell me now?" When he simply shook his head, Carter nodded. "Very well, now don't leave the courthouse or your ankle monitor will go off." After Kurt acknowledged him, Carter went to leave, but stopped by the prosecution table first. "It's time we talked."

"I had a feeling you'd want to." ADA Strauss replied. "Gentlemen, I'll see you when court resumes."

Once the two left the court room, Patrick and Xavier followed. "Any idea of where she's going with this?" Patrick asked as they headed to go get some coffee.

"I've got an idea, but I'm going to wait till this is over, because it could go one of two ways." Xavier replied. "What I will say, she no longer has any tolerance left for Kurt's games or actions. As she made it clear, Blaine and Sebastian aren't doing this to him, he's brought this all on himself."