A/N: So here's chapter 2 of Mens Rea. Introducing Kurt Hummel, defense attorney. Warnings for really really tasteless jokes, homophobia. I don't condone it, just setting up for characterization. Chapter titles taken from the song "Heard it Through the Grapevine" as performed by Marvin Gaye and others.

Mens Rea

Chapter 2: I Bet You're Wondering How I Knew

KurtPOV

"You hate me don't you?" I asked of my boss, Sue Sylvester. That was the only explanation for why this file was on my desk. The Monday morning shit show.

"Actually, Porcelain, I don't. Or, rather, I don't uniquely hate you more than I hate anyone else." Her and her nicknames. I really wasn't in the mood to hear this. "Satan knew the victim, and she's the only other party I'd trust to handle this case."

I stared at the file in front of me, willing it to go away. Alternatively, I wanted to will myself back in time. Maybe I could jerk the wheel of my navigator into a ditch perhaps? Nope, still here.

"How long before I have to be in court?"

"Hudson's arraignment is scheduled for 10am."

"Wow, you really do love me. Normally I've got like 15 minutes to prepare to attempt to adequately represent a client. Today, I have half an hour."

"More like 29 minutes. Karofsky had car trouble this morning, or something. It was originally scheduled for 9:30."

"Well darn. Maybe I'll offer to look at his car after the hearing. Score some brownie points with the prosecution."

"I'm pretty sure that violates legal ethics."

"Oxymoron."

Realistically though, there wasn't much in the file that I needed. Jacob Ben Israel, reporter for the Omaha World Herald had given the mess front page coverage, as befitted Hudson's status as a star Quarterback during the Osborne era of excellence in Nebraska Football, as well as his marriage to Quinn Fabray, daughter of Russell Fabray who was one of the top 5 people at Berkshire Hathaway. Berkshire's chain of command went Warren Buffett, Charlie Munger, and then a couple of other people. Russell Fabray was somewhere in that mix. Lastly, Hudson's status as the presumptive Republican nominee for the US Senate race coming up in November certainly didn't hurt. It also helped that Ben Israel subscribed to the notion that "if it bleeds, it leads".

Father in law wanted himself a US Senator, and Finn fit the mold. Tall, dark, and handsome, and. . . not exactly bright. LBJ once said of Gerald Ford that he played football too much without a helmet. That said, he was the only one declared for the primary coming up in May, and he was a lock. In the general election, he'd certainly defeat Ben Nelson. Nelson was the most conservative Democrat in the Senate. He had to be, to win here after all. Nelson's sin was being the 60th vote for "Obamacare". The only way Hudson would lose is if you found a dead girl or a live boy in the hotel room.

Victim was one Rachel Berry. She was 28, and an activist for the ACLU here. Her father, LeRoy Berry was the head of the ABA in Nebraska. Her other father, Hiram, was an architect for a firm here. I figured that the combination of those three things was enough to terrify every defense attorney in town into sending calls from Russell Fabray into their voicemails, never to be heard again. Or daddy had yanked his support. Certainly not for the catting around.

Arresting officer was a police officer named Sam Evans. I chuckled a little, reading the report. Not very often the term "Tighty whities" is crossed out and replaced with "underwear". "Suspect appeared disoriented, and smelled heavily of scotch. Empty bottles appear to support that. Suspect was wearing a shirt covered in blood that appeared to belong to the victim. He was holding the knife in his hand." Was it possible that Finn Hudson was this stupid?

Regrettably, yes it was. I went to a Berkshire share holders meeting the previous May. I saw and heard him from a distance with Fabray and Karofsky and a couple of other people making small talk. It turned to blue humor rather quickly, judging by scotch and sodas they were drinking. One of the jokes in particular stood out for it's lack of taste.

Hudson said, "What does one fag say to the other fag going on vacation? Want me to pack your shit?"

Russ Fabray laughed till he was red in the face, tears of mirth streaming down his cheeks. Karofsky smiled lightly, but it didn't reach his eyes. Someone didn't share their frat boy sense of humor. The other two laughed politely.

"That's my boy!" Fabray said, slapping Hudson on the back. Hudson stiffened up and smiled widely, seemingly proud that he had bonded with his father in law.

That was just one incident. What seemed to be the catalyst for his Senate campaign was New York States' decision to legalize gay marriage. He went on AM radio the next day to deliver the standard denunciation of homosexuality that was, sadly, standard for the Republican party these days. He cribbed from Rick Santorum's speeches comparing same sex conduct to pedophilia, and bestiality, and capped it off with that old yarn about how God created Adam and Eve, not Adam and Steve.

I had my work cut out for me. Loathsome politics aside, this seemed like an open and shut case. Had Ms. Berry been killed the year before, we could have mounted a Mens Rea defense based on the fact that Hudson was not in control of his own actions. The Unicameral had passed a law that didn't allow that though.

So, it was plead guilty, hopefully reducing it to 2nd degree. Twenty five to life without parole was theoretically preferable to the death penalty. All that would come during the trial. This hearing was just to attempt to get him bailed out.

I'd have to talk to the crime lab and get confirmation that the blood was in fact that of the victims, and attempt to figure out where to start punching holes in what appeared to be an airtight case, assuming Hudson decided to go to trial.

Amongst other things.

I closed the file, placing it in my satchel and made my way over to the courthouse. I showed my credentials to the guard, and sailed through the scanners.

The judge wasn't in the court room yet, but Karofsky and Hudson were there. Members of the press were as well.

Hudson leaned over to talk in a low voice to Karofsky. "Got a joke for you Dave. Four homos are sitting in a hot tub, when they notice some jizz rising to the surface. One of them asks, who farted?"

Karofsky responded, "I've got one for you Finn. What do you call a homo in an expensive business suit?"

"What?"

Karofsky inclined his head slightly. Finn turned and looked at me.

"Your defense attorney."