Disclaimer: I do not own One Tree Hill or any of its characters.

A/N: Hello guys. Here's the next one….probably my longest chapter yet, and also probably the last of the super long chapters….(maybe…lol). Anyway, hope you enjoy it. Thanks to everyone sticking with this story, and special thanks to the reviewers. You know I love ya all by now…lol.

There are a lot of flashbacks in this chapter and hopefully that helps you guys remember a few of the people. And now onto the chapter. Hope you enjoy!

…..

"So, it's my turn to talk tomorrow, right?" Nathan asked irritably, still reeling over all he'd heard in court that day. They'd brought him back to his cell for the night, to be let out again in the morning for court.

Mr. Kowalski, who followed, shook his head. "I didn't plan to put you on the stand."

"Why not?" Nathan asked, dumbfounded.

"Because it would do your case more harm than good. You're better off to say nothing."

Snorting in disgust, Nathan rebelled against the lawyer's words. "So I have to sit there all day again and listen to everybody else's crap, but I don't get to tell my side? That's bullshit, man. What if I have something to say?"

"Like?"

"Like, hello, I didn't do it," Nathan returned hotly.

"Your not-guilty plea is a given. There would be no trial had you confessed. Have you anything else to add, other than what you've already yelled out in court?"

Nathan frowned at his lawyer. "You're the lawyer, man. You're supposed to ask me questions, and I just have to answer them. What the hell could it hurt? I'm the one on trial here. Shouldn't the jury hear from me?"

"Not necessarily," Kowalski answered. "This isn't TV, you know. Most criminal lawyers don't put the defendants on the stand. I'll explain why if you calm down long enough." He paused a moment to see if Nathan would follow his direction, pleased when the boy fell silent, awaiting an answer. "First of all, I'll tell you right now, if you really want to testify, that's your right, and I can't stop you."

"Good. I want to."

"But let me tell you the downfalls of that. For one thing, juries play favorites. Put both an alleged victim and a defendant on the stand, and automatically they start forming opinions on the two that have nothing or little to do with the issue at hand."

"Aren't they already doing that?"

"To a degree, yes. It's human nature."

"Then what's the difference?"

"Maybe nothing. Maybe everything. But, I'll tell you, give the D.A. a crack at you, and you won't know what hit you. They'll take every minor infraction you've ever committed and twist it around to look like it was all leading up to the day that you would rape someone. I know because that's what I'd do if I were working against you. You want a taste of how cross-examination would go?" he asked. Nathan seemed unsure so he just went ahead with his example. "You say you didn't put anything in her drink..."

"I didn't."

Kowalski threw him a funny look. "You'll have to do better than that," he commented. "Now don't interrupt. You say you didn't do it, but there's no denying there were drugs in her system. At the very least, the tests do prove that. So, what gave you the right to take advantage of her condition?"

"What? I didn't even know."

"You didn't know?"

"No."

"She wasn't swaying or unsteady?"

"Sorta," Nathan replied. "But I thought she was just drunk."

"And right there is where she'd have you," Kowalski exclaimed. When Nathan eyed him curiously, he explained. "Intoxication negates consent. A lot of people don't know that."

"I don't even know what that means," Nathan admitted.

"A drunken person does not have the mental capacity to give consent. Even if they actually did, it doesn't count because they were not of sound mind. It's still considered rape or sexual assault."

"If that's true," Nathan said with a frown, "then I've been raped plenty of times. Anyhow, I was drunk that night too, so maybe I can charge her with rape," he said with half a smirk.

"It's always an option," Kowalski returned lightly. "If I thought it would work, I'd try it," he said. "Unfortunately the double standard for men and women that usually works to our advantage…yeah, not in these cases. Anyway, getting back on track, like I said, it's your right to testify on your own behalf…"

"I just thought it'd be nice to get a say since, you know, it's my life on the line."

"I understand that, but as I said, I don't recommend it. We're sitting in a pretty good place right now…"

"We are?" Nathan asked in disbelief. "Doesn't seem like it to me."

"You haven't seen this as much as I have. The District Attorney has brought up some valid points, but, as far as I'm concerned, nothing to prove your guilt. And we haven't presented our case yet."

"So you think we're gonna win?" Nathan asked skeptically, doubting yet desperate to hold on to any kind of hope.

"I think we have a good shot, provided…"

"I don't testify," Nathan finished. "Fine, I won't," he conceded.

"And, no more outbursts," Kowalski stressed. "You're not doing yourself any favors by showing the jury how quick tempered you are and how little control you have over it."

Nathan rolled his eyes. "Yeah well, if they were in my shoes, they'd be pissed too."

"But they're not, therefore you've got to put yourself in theirs. Understand?"

"Yeah, keep my mouth shut," Nathan responded.

"Exactly," Kowalski said. "That's all you have to do."

"Yeah," Nathan mumbled to himself after Kowalski left. "That's all."

He sat on the edge of the bed, wondering how Peyton was holding up through all of this. The only time he'd seen her in weeks was in the courtroom since they still weren't allowing him any visitors other than his lawyer. What he wouldn't do to be able to hold her in his arms right now. Hopefully, he'd be able to very soon.

…

Meanwhile Peyton's body racked with sobs as Damien pulled her in closer to his side. She'd taken off to the bridge after court, wanting to just be by herself with her thoughts. Brooke and Rachel had understood that and backed off—although if she were thinking straight, she'd realize that Brooke was hurting as badly as she was and probably needed her. After all she and Nathan had been best friends since childhood. None of this could be easy on her.

But Peyton didn't think about that. All she knew was that she couldn't deal with anybody right now. However, Damien had sought her out, and though at first she'd tried to blow him off, he hadn't gone. And now she had to admit, his shoulder came in pretty handy as her whole world was falling apart around her. She didn't know what she would do if Nathan were found guilty. It was hell just to consider that possibility but how could she not?

…

"He made me out to be the whore of Tree Hill," Haley lamented as she and her parents sat at Karen's Café with Karen, Keith, and Lucas. Karen had invited them to the café after the court had adjourned for the day, knowing Haley felt at home there. She kept the closed sign up to keep the public out. Haley was not up to facing more strangers today. At the moment Karen stood at the stove, preparing a light dinner for her guests and family, listening as Haley spoke of her ordeal in the courtroom.

"Like I'm sleeping with all my friends and half the jocks at school," Haley continued.

"Haley-Bob," Lydia said softly, putting a comforting hand on her daughter's. "Defense attorneys are like that. They twist everything around until it seems you're the one on trial. But you handled it very well."

"Did I?" Haley asked doubtfully. "Because I think I stuttered a few times up there."

"That was just nerves, honey, and everyone understands that. You did great."

"Thanks, Mom," Haley answered sweetly. But before long she was back to ranting. "You know, it's not like I go around choosing cute guys to tutor," she huffed. "People sign up and I have no control over that…and, just the other day that girl Gracie—I told you about her, right, Luke?"

"The girl who used to be a cheerleader last year but quit for some reason?"

"Yeah. So see, I tutor girls too, not just guys."

"Hey, you don't have to convince us," Jimmy, her father tried to joke. Other than the odd remark or joke, he wasn't sure what to say around his own daughter anymore. He was always afraid of saying the wrong thing.

Lucas wasn't so hesitant with his words. He knew if he said the wrong thing, Haley would let him know. "Hales, this guy was just trying to get under your skin. He works for Nathan, don't forget."

"Yeah, I know," Haley acknowledged. "But still…and I have had female friends," she continued. "It's not my fault that Peyton sided with Nathan or that Faith moved away."

"Hales…"

"And what was up with the whole drink thing?" she asked aloud. "He acted like he just caught me in a lie, but when did I ever say Nathan handed me a drink?"

"What are you talking about?" Luke asked curiously. Because all witnesses had had to wait outside the courtroom until their turn to testify came up, all Luke knew of Haley's questioning was what she'd told him so far.

She explained to him how strangely the defense attorney had acted when she'd told him, as far as she could recall, that Nathan hadn't given her a drink. "But I never said he did," she finished.

"That Katie girl did, didn't she?" Keith piped up, looking over to Jimmy for confirmation. Lydia and Karen had both stayed back with Haley and Lucas, but the two men had been present for the entire proceeding thus far.

"Yes, she did," Jimmy confirmed, turning to his daughter. "She said when Nathan approached you, he offered you the drink he'd just drugged, and you drank it."

Haley brows creased. "That's not right," she mumbled in confusion. "Oh God," she exclaimed suddenly. "She's lying! The District Attorney said our case mostly relies on her testimony and she's lying!"

"Not necessarily," Luke contradicted. "Hales, there's a lot you don't remember about that night…"

"But I do know that Damien gave me that drink…"

"It doesn't mean that was the drink that did it, Hales. I gave you a drink that night. So did Skills. Nathan could have very well given you one too, later on, and that's what Katie saw."

"But then shouldn't I remember up to that point?"

"Who says you don't?" Luke asked. "Did Katie mention what time she saw him do that?" he asked Keith and Jimmy. When they said she hadn't, he went on. "There you go."

"But it still doesn't make sense," Haley said, trying to figure it out. "I don't remember him giving me a drink. What's the difference what time it was?"

"I don't know, Hales," Luke said. "Maybe he drugged the one before that first and then got you another one."

"Yeah," Haley returned, thinking that sounded reasonable enough. "Maybe you're right."

"One thing we know for sure is that it was Nathan's DNA they found. He's guilty whether Katie saw something or not. Agreed?"

"Agreed," Haley said firmly just before Karen set the bowl of chicken noodle soup in front of her.

"Extra noodles, just how you like," Karen said, glad she could at least do this little bit for the girl she loved like a daughter. It certainly wasn't enough, but really, when dealing with something like this, what was enough?

"Thank you, Karen," Haley said with an appreciative smile. She didn't have much of an appetite, but she didn't have the heart to tell that to the woman who was like a second mother to her. So she dug her spoon in and hoped her stomach would be able to handle it.

"Where's mine?" Lucas joked.

"It's in the pot," Karen answered. "You've got two legs."

"I always knew you liked Haley more," he jested.

"And here I thought I'd hidden it pretty well," Karen joked back. "Grab the rest of us some while you're at it, will ya?" she said.

And Lucas, even in jest, did not have the nerve to tell her she also had two legs. He grabbed five bowls and began to fill them. As he did so, he kept stealing glances at Haley. He knew the smile on her face right now was a front for the others, but he hoped someday soon, a real one would grace her beautiful face. Maybe once Nathan was locked up in a state prison once and for all. He sure hoped so.

…..

The first thing Mr. Kowalski did in the courtroom the next morning was call up several witnesses who'd attended the party at Mouth's house—people who weren't particularly close to either Nathan or Haley but who could verify the fact that they'd seen them together that night and hadn't really thought anything of it. These witnesses testified that both had seemed to be enjoying each other's company, and that Haley didn't appear to mind Nathan's advances and even made some of her own.

Haley, who was, as all the prosecution's witnesses were, now permitted to sit in on the rest of the proceedings, frowned deeply. All of these people going up there and saying what a good time she'd been having with Nathan. If any of them knew her at all…but wait, her friends knew her and even they hadn't noticed anything was off with her. So how could she expect these strangers to see what her own friends had missed?

Lucas, who sat to her left, took her hand in his, glad when she didn't pull it away.

He was also glad when the D.A. cross-examined each witness and they all had to admit that Haley did seem like she'd drank too much that night. That was good for them since the tests hadn't shown any signs of alcohol.

When they returned from lunch is when Mr. Kowalski called the character witnesses up—Mouth being the first of them.

….

"Could you state your name and occupation for the court please?"

"Marvin McFadden. I'm a student and tutor at Tree Hill High."

"Thank you. Just so everybody's on the same page, the party referred to in this trial was thrown by you at your home, yes?"

"Yes, that's right."

"Ok, now, you're a tutor. Have you had the opportunity to tutor my client?"

"Yes I have," Mouth answered. "His father paid me three times what the school pays to have tutoring sessions at their home."

"And how has that turned out?"

"At first it was a little tense but we got past that."

"Why was it tense?"

"Because he'd pushed my friends and I around a fair bit, just for kicks. But mostly because I'm good friends with Luke, and I knew all the bad stuff Nathan had done to him."

"So you'd formed an opinion before tutoring even began?"

"Yes. He was a bully and a jerk, and I did not want to help him in any way."

"So why did you?"

"For the money. I didn't want to pass it up. I ran it by Lucas and he told me I should go ahead and do it."

"Because it was your job?"

"Yes."

"So, how did it come about that my client attended your party? Did he crash it?"

Mouth chuckled at the question. "No, he didn't crash it. I invited him."

"Invited him?" Mr. Kowalski asked incredulously. "Shall we assume, then, that your opinion of him changed somewhere along the way?"

"It did," Mouth agreed. "We've actually become really great friends."

"How did that happen? Did Nathan change?"

"I don't know. I think he might have a little bit. I think he realized that we 'not so cool' kids are just people too. People he could connect with. But mostly I think I just got past the walls he puts up with others. The more we got talking and I got to know him, the more I realized that he wasn't as bad as I'd thought he was."

"So you both had misconceptions about the other?"

"Exactly. Eventually we started hanging out outside of tutoring and that's been really cool."

"So you invited him to your party."

"Well, it was his idea to have one in the first place. I told him my parents were going away for the weekend and he mentioned throwing a party. He was just goofing around, but it got me thinking. He'd brought me out to quite a few parties with his friends, and they all seemed fine having me around, but I hadn't been hanging around the old gang in a while. There's a lot of tension between the two groups, but really it's just because they don't know each other. Anyway, I thought a party of my own would be a good opportunity to get my new friends in the same room as my old friends, and maybe get them talking. It didn't quite work out how I'd planned."

"And by your old friends, you're referring to Lucas Scott…"

"He's one of them, yes."

"Haley James is another?"

"Yes. We were never really close or anything but we were friends."

"Were?"

"None of them will speak to me since I stuck up for Nathan," Mouth replied gloomily.

"Yet you agreed to testify on his behalf. Why is that?"

"Because I don't believe he raped anyone."

"You take his word over hers?"

"I don't want to think she's lying, but…" Mouth shook his head before going on. "I mean, I've seen how girls react to Nathan. I've seen how Haley reacts to him, always staring at him, saying how hot he is…just like the other girls do. I don't see him ever having to resort to rape," he said, his mind still clearly boggled. "And to say he did it to get back at Lucas…I don't know. Nathan didn't even want to go to the party since he knew Lucas would be there. I had to lay a guilt trip on him to get him to agree."

"What do you mean?" Kowalski questioned. "I thought the party was his idea."

"Yeah, but, like I said, he was kidding around. He didn't think I'd actually have one."

"Did you see him and Haley together that night?"

"I saw them talking, I saw them kissing. I didn't see them go upstairs."

"Did she seem distressed in any way?"

"Not at all," Mouth answered as he recalled that night. "She wasn't pulling away or even trying to. She had her arms around him, and she was kissing him back. That's why I didn't say anything to him."

Mr. Kowalski nodded his head. "Thank you, Marvin," he said. "No more questions."

…

"Mr. McFadden," the D.A. began her cross. "Are you under the impression that only ugly guys rape?"

Stumped by the question, Mouth stammered a bit. "Uh…no…no, of course not."

"No? Because your comment, "I don't see him ever having to resort to rape," suggests that you do."

"No, that's not what I meant…"

"You mentioned you don't have a particularly close relationship with Miss James but that you are friends?"

"That's right. We're both close to Lucas so we became friends through him. Plus we're both tutors at the school so we can relate on that level."

"I see. Were you aware of Miss James' personal vow to keep her virginity until marriage?"

"Yeah, sure. We all were."

"She never hid that information from you?"

"No. Why would she? It's an honorable goal."

"Yes, it is," the D.A. returned. "So, knowing what you knew about her, as well as the animosity between the two Scott brothers, did you not find it odd when she was carrying on with the defendant at the party?"

"I was surprised when they started making out," he admitted. "But…"

"But she was responding to him?"

"Yes."

"And that wasn't strange in itself?"

"It was, but I remembered how she gawked at him before and I figured, if she wanted to kiss him, who am I to stop her?"

"Had you seen them heading upstairs, would you have attempted to stop them then?"

"Probably not. It's none of my business if she chooses to change her mind."

"Now is that really what you thought? Or was it more like you didn't want to ruin the relationship you'd formed with Mr. Popular?"

"No, that wasn't it…"

"You like being in that crowd, don't you? Always secretly wished to be a part of it?"

Mouth sighed deeply. "Sure," he admitted. "I think most of us do."

"But I'm only asking about you," the D.A. said snarkily. "You liked the idea of being accepted into their exclusive club."

"Yes," Mouth repeated.

"And turning on the guy responsible for your inclusion would have changed everything, wouldn't it have?"

"Probably, but…"

"Probably?" Miss Brown pressed, her tone clearly disbelieving. "Why, he's their ring leader, isn't he? They follow him?"

"I wouldn't say he's…"

"Let me remind you you're under oath, Mr. McFadden. The other guys, they follow Mr. Scott, do they not?"

Again Mouth sighed deeply. "With the exception of one or two, yes, most of them do what Nathan wants."

"So, if you went against him, you risk losing your newly-founded status?"

"Obviously," Mouth stated a little sharply. But he couldn't help it. He knew what she was saying and she couldn't be more wrong. "But I don't care about my status. Nathan's my friend…"

"Oh yes, let's talk about that," the D.A. suggested. "Can you tell the court about the time Mr. Scott received an "F" on an English paper, despite your tutoring?"

Mouth thought back to that day, and shook his head. "That was a mistake on the teacher's part," he said. "The essay deserved an "A" but she wrongfully assumed he'd cheated."

"And why would she assume that?"

"You'd have to ask her."

"Could it be because he'd cheated before?"

"Could be."

"In fact, hadn't she already caught him cheating three times in that semester alone?"

"Yes, but he didn't cheat that time."

"And yet he still received a failing grade. Must have made him angry."

"It would make anyone angry," Mouth returned.

"And instead of taking it up with the teacher, the defendant confronted you, isn't that right?"

"Yes, he'd put a lot of work into that assignment, and I guaranteed him a good grade on it."

"Can you please explain to the court the manner in which he confronted you?"

Flashback (chapter 44)

"Hey, Nate. You get your essay back?" He knew he was supposed to get it today, and as the tutor, he was just as anxious for the result. Perhaps even more so.

He was nothing short of shocked when Nathan responded with a non-humorous laugh and pushed him against a nearby locker, one palm on his chest, pinning him in place.

End of Flashback

"Young man, answer the question," the judge spoke when Mouth was silent a little too long.

"He threw me up against a locker," Mouth answered defeatedly.

"And threatened you with bodily harm?" the D.A. pressed.

Flashback

"Give me one reason why I shouldn't kick your ass right here and now," Nathan muttered in threat.

Mouth swallowed his fear and his eyes clouded with confusion. Had things not changed as much as he'd thought? But when he took in Nathan's demeanor, there was one noticeable difference in this moment compared to a few weeks ago. In the past when Nathan had picked on him, it had been all in fun on the jock's part, and right now he looked far from amused. "Nate…I…"

"Game's over, pal," Nathan said viciously. "You really had me fooled for a while there, thinking you were actually trying to help me. I guess you and Lucas got a good laugh out of that, huh? But now…" He pressed his hand harder into the smaller guy's chest. "Well, you had to know there's a price to pay when you mess with me, right?"

End of Flashback

"Yes," Mouth replied. "But you don't understand. He thought…"

"Oh, I understand. Sounds like you got a real great friend there," the District Attorney stated sarcastically. "You might want to consider re-evaluating that friendship."

"Objection," Mr. Kowalski shouted. "Does the D.A. have a question?"

"Sustained. The jury will disregard counsel's last statement."

"I have no more questions for this witness," Miss Brown said.

"Witness may step down."

…..

"My name is Brent Malek," the next character witness said after being instructed to do so by Mr. Kowalski. "And I'm a student at Bear Creek High School."

"Bear Creek?" Kowalski questioned. "That's quite a distance from here."

"A couple hours," Brent replied.

"How do you know my client?"

"Our basketball team has played against his school several times. That's how we met initially."

"So the two of you are rivals?"

"Only on the court," Brent answered. "Off the court, we're friends."

"Opposing team members becoming friends? How did that happen?"

"At first it was because we were both top scorers in our division – we had a kind of friendly competition going on, you know? Then we noticed we basically had the same kind of father – pushy and never satisfied. No matter how well we played, it was never good enough. We kinda bonded over that."

"And as you started talking more?"

"We found out a bunch of other stuff we had in common."

"Such as your goals for the future?"

Brent nodded his head. "Especially that, yes. We both want to go to Duke University and eventually make it to the NBA. We're actually looking forward to playing on the same team at Duke."

Flashback (Chapter 14)

"Man, I can't wait until we're both at Duke and playing on the same team," Brent said.

"Yeah," Nathan agreed. "We're so gonna win every game," he predicted.

Brent nodded. "And be far, far away, from our assy parents."

Nathan couldn't help but agree with that one too.

End of Flashback

"You won't be competing for leading scorer?" Kowalski asked.

"Oh, absolutely we will," Brent replied. "But that competition is what will drive us. Neither one of us minds putting in the time and effort needed to be great. It should be really interesting."

"It sounds like you hold my client in high esteem."

Brent nodded again. "He's a great basketball player, great sounding board, and great friend."

"A kinship such as that must be rare among opposing players?"

"It is," Brent admitted. "Most guys, you know, just want to beat out the competition, but for us it's like we thrive on it. We want and try to beat the other, but, on the other hand, it's cool if we don't because we'll try harder next time. It's been really great for me to see somebody else push himself as hard as I do. It's very rare, actually."

"Thank you, Brent, for taking the time to come to Tree Hill to speak on my client's behalf."

"Oh, no problem. I'd hate to see him suffer for bogus accusations, and I'd like to think he'd do the same for me if I were in the same situation."

"I'm sure he would," Kowalski said with finality. "Your witness," he told the District Attorney.

…..

"Mr. Malek," the D.A. began. "You stated you're only rivals on the basketball court?"

"Yes, that's right."

"Well then, could you please explain to the court why the two of you were engaged in a fist fight at a party the last time your team played against Tree Hill?"

Brent sighed deeply, wishing he hadn't been asked that question. "Well, we hung out after the game and the next day I missed my bus back to Bear Creek so after everything was settled, that night, Nathan brought me out to this party at his friend's house."

"Where the two of you got in a fist fight," the D.A. pressed. "Correct?"

Brent thought back, knowing he wouldn't be able to avoid the question.

Flashback (chapter 16)

Nathan felt the anger in him rise the minute Peyton spoke those words. Don't worry. It was just sex. His fists clenched tightly, he stalked into the bedroom resembling something close to a wild animal that had just been released from its cage.

"Dude, you're about to wish you'd made your bus!" Nathan thundered viciously, his closed fist connecting successfully with Brent's nose, knocking him to the ground before he even knew what hit him.

Blood poured from his nostrils, but Brent recovered his bearings and picked himself up immediately. Just as quickly, Nathan was on him again, slamming his fist hard into his jaw. Brent stumbled backwards from the blow but managed to keep his balance this time since he'd seen it coming.

"What the hell is your problem?" Brent asked Nathan.

"You're my fucking problem, asshole!" Nathan hollered in answer. "I told you to stay away from Peyton!"

End of Flashback

"That was a misunderstanding," Brent replied defensively. "He thought something had gone on between me and Peyton, and…"

"And had there been?"

"No, he just…"

"Overreacted?"

"Not really. I can understand why he thought what he did, especially since Peyton told him we did sleep together, but she only did that to…"

Uninterested in the reasons for Peyton's actions, the D.A. cut him off. "But they were broken up at the time, were they not?"

"Yes," Brent admitted. "But he still wanted to be with her and he'd warned me already to stay away from her…"

"I see, so, because he still wanted her, he saw fit to physically assault any guy who might be with her? Even if it's his friend?"

"I guess, but, like I said, it was a misunderstanding. We worked it out almost right away and we're cool now."

"Did anybody try to stop the fight?" the D.A. questioned.

Flashback

Without a thought to her own safety, she rushed over and planted herself directly between the two boys, her back toward Brent as she faced Nathan head on. "Nathan! Stop this!" she screamed at him.

End of Flashback

"Umm, yeah," Brent answered with a sigh, feeling like his testimony wasn't helping Nathan's case at all. "She did."

"Peyton?"

"Yes."

"And was she successful?"

Flashback

"Peyton, get out of the way!" Nathan thundered furiously, as he wiped the blood from his lip with his backhand. Brent was fully standing now and all Nathan wanted to do was knock him back down. But Peyton wasn't budging.

"No!" she said, crossing her arms stubbornly. Anyone else would have cowered away at the deadly glare he shot her, but Peyton stood her ground.

"I mean it, Peyton!" he roared. "Move!"

"No!" she repeated obstinately. "Not until you calm down!"

Nathan gave her a light push, just hard enough so that she no longer posed as a barrier to his intended target, but she came right back.

"PEYTON, I'M NOT FUCKING KIDDING! GET OUT OF THE WAY!" Nathan barked, slamming his own fists together and practically shaking with rage.

"I'm not moving, Nathan," she screamed at him, putting her hands on her hips. "You need to go cool off."

Brent, unsure of what Nathan was capable of in such a state, put his hand on Peyton's shoulder to urge her to do what Nathan was telling her. "Listen to him, Peyton."

"DON'T FUCKING TOUCH HER!" Nathan hollered, his rage reaching its peak at the sight of Brent's hand on Peyton.

Brent lifted his arms in peace. "Look, I don't want to fight you, man."

"You should have thought of that before messing with my girl," Nathan spat, pointing his index finger at him threateningly. Again he swooped Peyton away with one arm to get nearer to Brent, but Peyton was stubborn and came right back.

End of Flashback

"Eventually, he did stop, yes," Brent answered.

"But not at first?"

"No."

"What made him finally stop?"

Flashback

His temper blazing, he managed to side step past her and started toward Brent once more, ready to deliver more punishing blows, but Peyton wasn't going anywhere. She jumped in the middle once again. She knew Nathan wouldn't hurt her physically, but he was definitely set on causing Brent severe injury. There was only one way to stop him.

The truth.

"Nothing happened, Nathan!" she said, putting her flat hands on his chest to hold him back.

End of Flashback

Brent looked down at his hands. "When she told him the truth that nothing had happened between us," he answered.

"So only after he knew you'd obeyed his command and not touched her."

"After he knew I hadn't betrayed him, yes," Brent answered, a tinge of attitude in his tone.

"Ahh yes, because you're friends," the D.A. remarked sarcastically. "I offer you the same advice I offered the first character witness – choose your friends more wisely."

"Objection!"

"Sustained. Counselor, refrain from the snarky comments," the judge ordered.

Lacey Brown nodded and continued with her questioning. "How often do your teams play against each other?"

"Quite a few," Brent replied. "They come to us at least twice a season and the same goes for us going to them. Plus there's a few tournament throughout the year, and, of course, if we both made it into the championships…"

"So, what is that roughly? Seven or eight times?"

"Roughly, yes," Brent answered tiredly.

"And do the two of you keep in touch besides that?"

"Not really. We're not the "stay in touch" kind of friends, more like we see each other when we see each other."

"So at most, that's eight times a year. Eight days out of a year that you hang out?"

"Yes."

"So is it safe to say that you don't really know him?"

"Not really. I think I know him pretty well despite the length of time in between."

"Really? So you would know, then, about his habits on any given night? What, for instance, does he do on a Tuesday evening if he's not playing basketball?"

"I… I'm not sure."

"What's his favorite meal to sit down to?"

"I don't know."

"What other sports does he like? How are his grades in school? How many parties does he go to? How many girls has he dated this year? What's his current relationship with his parents? Do you know the answers to any of these questions?"

"No. No, I don't," Brent replied sullenly.

"Did you know he and Peyton have recently become engaged?"

"No, I didn't know that."

"Well gee, it sounds like I know him better than you do," the D.A. scoffed. "Let me ask again, how well do you know Nathan Scott?"

"Not too well, I guess," he answered spitefully.

"So, I guess you wouldn't know either, whether these accusations are, indeed, bogus? Would you? No more questions, Your Honor," the D.A. said when Brent remained silent following her last question.

…..

"Please state your name and occupation for the court," Mr. Kowalski said to the next character witness.

"Mitchell Evans, head counselor at Tree Hill Centre for abused and underprivileged kids."

"The centre is where you met my client?"

"Yes it is," Mitch replied. "As a worker, not as one of the kids," he clarified.

"When my assistant interviewed you, you said something very interesting," Mr. Kowalski said. "Can you repeat to the court what you told her?"

"Sure. I said that I'd like to see Mr. Scott back at the centre."

"He hasn't been there?"

"No. The court has forbidden it."

"Because of this case?"

"Yes."

"Ok. Now, why do you want him back? I imagine that means he made quite an impact at the centre?"

Flashback (chapter 70)

"Mitch," the woman called the head counselor from the doorway of the playroom. "Come take a look at this."

Mitch did as requested. The look of astonishment that crossed his features matched the woman's perfectly. "Well, I'll be," he said as he watched the pair in the hallway.

End of Flashback

"He most certainly did," Mitch answered. "Without even trying, he managed to break through one of our most traumatized children we've ever had at the centre; something we'd been trying but failed to do since he'd arrived, over a month before."

"Can you explain what you mean to the court?"

"Sure. This little boy, Tommy…we call him 'little Tommy' at the centre. Anyway, he was brought in with his older brother, Brandon in early January. The boys had literally been to hell and back with their parents—abuse, neglect, you name it. Their mother ended up shooting their father dead right in front of Tommy. He's only five years old. With the father dead, the mother in prison, the kids ended up at the centre," he explained. "Little Tommy was so shaken up by the whole ordeal that he completely clammed up, refusing to speak to anyone other than his brother, who, by the way, is only 9 himself."

"Why would he speak to him?"

"Brandon was the only one Tommy trusted."

"But that changed," Kowalski said.

"Yes. After about a month, he finally spoke to one other person—Nathan Scott."

"Why?"

"We don't know, but clearly Mr. Scott had a certain way about him that made the boy open up to him. We asked him what he'd done, but he had no idea. He wasn't even aware that the boy hadn't spoken to anybody else until that day."

"What did that tell you about my client?"

"It told me that he's got some kind of natural warmth and compassion for these kids that they recognize, even while us adults don't. That's exactly the kind of person we need at the centre."

"Out of curiosity, how is 'little Tommy' now?"

"Back to speaking to his brother alone," Mitch answered regretfully.

"So, he suffered a setback in the weeks my client has been absent?"

"I'm afraid so. Unfortunately, he's completely reverted back, like the little bit of progress he made never even happened. It's a real shame."

"Yes, it is. Thank you, Mr. Evans. No more questions."

...

"Mr. Evans," the D.A. began. "Aren't children naturally trusting? Isn't that why, as adults, we're always ingraining in their heads the importance of not talking to strangers, or accepting rides or candy from them?"

"Children, absolutely, are innocent, and certainly trusting. They don't realize the dangers out there," Mitch acknowledged. "But, you have to understand that these children who come to the centre, aren't coming from good, solid homes, with loving parents. Innocence and trust have been ripped away from them, some of them at a very young age, and generally from their own parents. They're not in the same mindset as other children coming from loving and stable environments. These kids' lives have been hell and because of that, it's a hundred times harder to gain their trust."

"I see. But somehow, the defendant, Nathan Scott, has managed to do that."

"With one of the children, yes, and in a very short time."

"Tell me, Mr. Evans, did Mr. Scott volunteer his time at the centre out of the goodness of his heart, or was there another reason?"

"Objection!" Kowalski shouted over the fact that the District Attorney was, once again, attempting to bring up Nathan's criminal history even though the judge had already previously warned her against that.

Lacey Brown knew exactly what the Defense Attorney was objecting to, but was ready with her argument. "Your Honor, the defense opened the door to this line of questioning by bringing in this particular witness."

"I agree," the judge said. "Your objection is overruled," he told Mr. Kowalski. "The witness may answer."

"Did he volunteer on his own accord?" Miss Brown repeated.

"No. No, he did not," Mitch replied. "He was forced into community service due to a previous charge."

"That charge being assault and battery against his brother?"

"Yes, I believe so. But that doesn't mean…"

"And tell me, Mr. Evans, was the defendant happy to be there?"

Flashback (chapter 65)

Nathan's first day at community service began on Friday night at 6:00 until 8:00. He walked in the center, less than thrilled that it was cutting into his weekend. He'd have to spend most of his day there tomorrow as well. He was approached by a man who appeared to be in his mid to late thirties, wearing jeans and a t-shirt.

"You must be Nathan," the man said, extending his hand. "I'm Mitch, head counselor."

Nathan accepted the gesture but he clearly wasn't impressed to be there.

Mitch wasn't surprised. None of the court-ordered workers were ever happy to be there. He gestured toward a closet in the corner. "You'll find a mop and pail in there. You can start with the upper floors for today."

Nathan scowled at the guy. "I'm supposed to be working with the kids," he said. Not that he wanted to, but it sure as hell beat cleaning up after the brats.

Mitch pulled out a slip of paper from his folder. "Nope," he replied. "Says here 200 hours service, meaning you go wherever you're needed in the center – at our discretion."

"Fuck that. You can do your own dirty work, I'm not a janitor."

"Ok, that's fine," Mitch said seemingly agreeable. "I'll mark that on my report and send it off to the judge if you'd like. Otherwise, grab a mop."

End of Flashback

"He copped some attitude at first," Mitch answered. "But they generally do."

"They?"

"Those forced into a situation they don't want to be in."

"A situation he, nonetheless, brought on himself."

"Yes," Mitch acknowledged. "And it didn't last long," he continued. "In no time at all, he'd dropped the attitude and just did as he was told, without question."

"Because he'd learned some respect, do you think, or because he knew he'd have to do it anyway so may as well get it over with?"

"Take your pick," Mitch replied with a shrug. "I really can't answer that."

"Do you think, if given a choice, he'd return to the centre?"

"Objection," Kowalski called out. "Calls for speculation."

"I'd like to hear it," the judge said. "The witness can answer."

"As opposed to going to prison?" Mitch questioned.

"No. Let's say all charges against him are suddenly dropped right now, the D.A. said, ignoring Nathan's mumbled 'I wish.' "There's no judge telling him he has to do community service. Would he go back to the centre?"

"I'd like to think so. He could do so much good there."

"Yes, but question is, given the option, would he?"

"At this point," Mitch said, glancing over at Nathan. "Probably not. He's still quite self-centered, as many teens are, and I don't think he realizes just yet how much of an impact he can make in these kids' lives."

"Doesn't realize? Or doesn't care to know?"

"Objection!" Mr. Kowalski shouted irately. "Millions upon millions of people never volunteer their services. It doesn't make them a criminal."

"Sustained," the judge said agreeably.

"I have no more questions for this witness," the D.A. said.

"Redirect, Your Honor?" Kowalski requested.

"Go ahead," the judge said.

"Mr. Evans, how long have you been a counselor at the centre?"

"A counselor? About ten years. But I've been involved with the centre for over 25 years."

"And how, exactly, did this involvement start?"

"I was 16 years old and I'd been charged with theft. It was my first offence, so the judge took it easy on me. I was assigned community service at the centre."

"So, not so much different from my client?"

"No, not so much different at all."

"And you're still there," Mr. Kowalski remarked, sounding impressed.

"I'm still there. I had the major attitude too, at first. Now the centre is my life. I'll be there until…well, until I can't be there."

"You see yourself in my client?"

"Like you wouldn't believe."

"Thank you. Nothing further."

"Mr. Evans," the D.A. said on re-cross. "Is it possible that you're seeing something that isn't really there? That your own situation has made you unduly sympathetic toward the defendant?"

"I don't believe that to be the case, no."

"Surely you don't assume that because you made a life out of it, that he's going to automatically follow in your footsteps?"

"I don't assume anything, Miss Brown," Mitch answered. "I only call things as I see them, and, to me, that kid right there," he said, pointing at Nathan, "has enormous potential."

"And to reach that potential, you think we should set him free?" she asked. "Even if he drugged and raped a young woman?" she challenged.

"Of course not," Mitch acknowledged. "But if he's innocent…"

"Yes, if," she interrupted. "And that, I'm afraid, has yet to be determined. Nothing further."

…..

"The defense calls Shelly Simon," Kowalski said, calling the last of the character witnesses.

Shelly approached the witness box, took her oath, and sat down. After stating her name and occupation, the defense attorney began his questioning.

"Miss Simon," he said. "I understand you hold some ill feelings toward my client."

Shelly glanced over at Nathan, her expression unreadable, and then turned back to Mr. Kowalski. "Yes," she admitted. "I think he's a jerk," she added.

"The two of you had a relationship. Correct?"

"Yes, for almost two months."

"Was it serious?"

"Not really, at least not for him," she said. "At first, it was just a date here and there, but then after about a month, he asked me to be his girlfriend," she clarified.

"But your relationship ended almost before it started, didn't it?"

"Pretty much."

"How exactly did it end?"

"It was at a school dance, when Peyton, his ex at the time, called him out on his new conquest."

"Meaning you?"

"Yes. He didn't deny it so I got upset, and then when I asked him about it, he said it was true."

"Was it a surprise to hear that?"

"It probably shouldn't have been, but yeah, it was. I knew his reputation and it did make me leery at first, and yet he still managed to play me. I actually thought he was a decent guy and that his reputation was exaggerated."

Nathan leaned his head into his hand and sighed loudly, wondering how the hell this testimony was supposed to help him.

Shelly, however, knew this was coming. Mr. Kowalski had already warned her that if he didn't ask these questions, the D.A. would, and make it seem like she'd been trying to hide that information. May as well get it all out at the start, he'd said.

"So that was the end of it?" he asked.

"Yes and no," Shelly said and then went on to explain. "The next week at school, Peyton apologized to me for what she'd said and told me I should give Nathan another chance because he actually did care about me. She said she'd just acted out of jealousy but that Nathan was going through some stuff at home and needed me to be there for him."

Instinctively Nathan turned to face Peyton, his eyes questioning. He hadn't heard anything about this before. Peyton had never told him she'd gone to Shelly and tried to fix things.

Peyton bit her lip nervously, wondering what Nathan was thinking about what he'd just learned. She hoped he didn't think she'd tried to push Shelly on him because she hadn't wanted him herself. She didn't think he would see it that way, but with Nathan you never knew. He often times misconstrued situations, although she couldn't say much about that since she was guilty of that herself. She tried to answer his questions with a look, and was annoyed when the judge barked at Nathan to face the front before she got a chance to.

"He knows you love him, hon," Brooke said from beside her, patting her leg in comfort.

She smiled at her best friend and nodded agreeably.

On Peyton's other side, Ellie sat, musing to herself. Anyone with half a brain could see that she loved this boy, so if he didn't know it, something was wrong. She wondered if he even had a clue, or a care, of how much Peyton was willing to sacrifice for him. Too much, as far as Ellie was concerned. She'd be lying if she said that didn't bother her, and she vowed to speak more to Peyton about it soon. The girl wouldn't want to hear it, of course, but some things just needed to be said.

"So, did you take her advice and go back to him?" Kowalski questioned.

"I was about to," Shelly replied. "I'd thought about it all day and all night. Another friend of his had also previously told me that he cared about me, so I thought, if two of them are telling me this, it must be true, right?"

"I would think so, sure. So what happened?"

"I went to his house the next day. I thought maybe we could work things out. No gimmicks, no games, just start fresh. I really liked him so I figured it was worth a shot, and if I could help him through his family issues…But anyway, turned out, she was there so I left."

"Peyton?"

"Yes. And he definitely didn't seem to be hurting at that moment," Shelly answered resentfully. "But, of course, I should have seen it coming."

"How?"

"It was pretty obvious right from the start that he still wanted her. A friend of theirs even told me at the dance that to get him back, all she'd have to do is snap her fingers. Guess she was right. But he didn't have to take me down in the meantime."

"You've got all this hostility toward my client," Kowalski stated. "And yet, you're here to speak on his behalf. I'm sure everyone is curious to know why. Can you explain it to the court?"

"I just think he's a jerk," Shelly answered. "But that doesn't make him a rapist, and I don't believe he is one."

"Why do you say that?"

"Because I'm a clean teen and he went out with me, knowing that." When prompted, she went on to explain what being a clean teen meant and what it entailed. "So, like I said, he knew this about me, and still asked me out. I guess that was the challenge—getting the clean teen in bed," she guessed.

"And did he succeed in his quest?"

"It was tempting," she admitted. "But, I'm proud to say that, no, he did not."

"In two months, there was no sexual intercourse between the two of you?"

"No."

"I'm gonna take a wild guess here and say that he at least tried?"

"Oh yeah, he tried a few times, but I said no."

"And what did he do when you said no?"

"He stopped," she replied simply.

"Just like that? He never tried to push you into it?"

"No. At the time I thought it was really sweet."

"And in the time you were together, has he ever bought or given you a drink? Say, a glass of water, or a can of soda?"

"Sure, yeah, pretty much every time we went out."

"And have you ever, after one of those instances, woken up feeling groggy, or forgetful, or just not quite right…like maybe something happened but you can't recall the details?"

"No, never."

"Ok, thank you, Shelly. Nothing further."

…..

"I'm gonna keep this brief," the D.A. said. "Miss Simon, according to your testimony, you've gone back and forth in your feelings for the defendant's character. Would you say that's true?"

"I'm not sure what you mean," Shelly replied.

"Well, you were originally leery to go out with him because of his reputation with girls. You suspected he might be trying to play you?"

"Yes," Shelly answered.

"But you were wrong?"

"No," Shelly denied. "I was right."

"But for a while you thought you were wrong. Yes?"

"Yeah, I mean, he was charming and funny, and generous, and sweet. I figured I'd just been too quick to judge him based on the stories I'd heard."

"But then you found out you were wrong about that too. That he wasn't really so charming or sweet. Didn't you?"

"Yes."

"So then, after being wrong a few times already, what's to say that you're not, once again, mistaken in your belief that he's not a rapist?"

"Well I think if he was, then he would have raped me."

"So your opinion is fully based on the fact that he didn't do it to you?"

"Well, I…"

"Perhaps he was less attracted to you than her," Lacey said. "Or perhaps he wasn't ready to give up the challenge that would be instantly gone the second of penetration. Or perhaps he didn't have a grudge against your best friend."

"Objection! Badgering!"

"Sustained."

"Is it possible, Miss Simon, that, for whatever reason, you were just one of the lucky ones?"

"I don't know…I…" Shelly stumbled. "I don't think…"

"Yes or no. Is it possible you were one of the lucky ones that he chose not to violate?"

"I guess…I don't know…"

"Yes or no, Miss Simon. Is it possible?"

"Yes…I guess, but…"

"No further questions."

"Witness may step down."

Mr. Kowalski stood up. "The defense rests, Your Honor."

"Very well. We'll adjourn until tomorrow morning where I'll hear closing arguments."

And as it had the day before, the court room cleared, Peyton and Nathan sharing a longing glance as he was led away by officers.

…..

"I think Damien has a new girlfriend," Damien's eight year old sister commented that evening, her hand over her mouth, stifling a girlish giggle.

Damien smiled at her. "Why would you say that?"

"Because you're always nice to me now but before you were always grumpy," she answered innocently.

"What is there to be grumpy about?" he asked aloud. Everything's going perfectly, he thought. The D.A. had made toast of Nathan's character witnesses, the jury was clearly siding with the prosecution, which meant soon Nathan would be going away for eons. Which meant Peyton would need his comfort and support permanently, which then meant she would turn to him for more. Ahh, indeed, what was there to complain about? Life didn't get much better than this.

"You have been smiling a lot lately," his mother agreed with his sister. "Is there a special young lady?" she asked.

Again he smiled. "There is, Mom," he told her. There would be soon enough anyway.

"You'll have to bring her by sometime, son," his father said. "We'd love to meet her."

"Will do, Dad. You're all gonna love her," he told his small family. "Pass the potatoes, please," he asked his smiling mother.

They pressed him all through dinner to reveal more information on this girl, but he wouldn't say much, not wanting to jinx his good fortune. Not to mention, he didn't want to hear their lecture on taking advantage of his 'friend's' misfortune by making advances on said friend's girlfriend. They would just have to wait.

They finally gave up their prodding and all three went to the movie theatre after dinner, leaving Damien on his own to bask in his victory – or near victory.

The sound of the doorbell shook him out of his pleasant daydream, and he cursed a little at the interruption.

"Katie, what are you doing here?" he asked, sounding annoyed.

Letting herself in, she turned to face him. "I was just talking to my parents," she answered. "And they said Nathan was probably looking at a good five-year prison sentence, minimum, in a federal prison."

"Yeah?" Damien asked unperturbed. "And?"

"And, well, I thought that was kinda weird considering you said he'd only get a few months, maximum, in juvie. Damien," she went on. "You said since he's a minor, that's all he'd get. Tell me that's still true."

He chuckled at her stupidity. "Wake up, Katie," he said, his tone antagonizing. "He's being tried as an adult, for rape. Any idiot could figure out that that doesn't carry such a light sentence," he said. "Juvie," he scoffed. "As if you actually bought that."

For a moment she stared dumbfounded, trying to get a grip on what he was saying. It hit her like a ton of bricks. He'd tricked her. He wanted Nathan to do heavy time. She put her hands up and shook her head in disbelief. "Yeah well, I only agreed to this because of the light sentence," she said with vexation. "I never signed up to put him away in a state prison for a crime he didn't commit!"

"Yeah, but see, whatever your reasons, you played a big part in his demise. Probably the biggest," he mocked. "Eyewitness to the crime. I have to say, you were brilliant up there. If I didn't know any better, I'd have believed you myself."

His words and demeanor getting to her, she struggled to find a reply. "Well, I…I have to…I have to tell the truth. Yeah, that's what I'll do," she finished, her voice coming out stronger by the end. "I'll go to the D.A.'s office and tell them I made it all up, that I didn't actually see anything…"

"Don't be ridiculous," he cut her off. "You'll be charged with perjury if you do that. Do you know the penalties for that?"

She took a deep, shaky breath but stood her ground. "It doesn't matter. I did this, I have to fix it."

"Ok, and while you're serving your sentence, Nathan and Peyton will be cuddling up, living their lives in bliss, and he won't even think of you at all. You won't even cross his mind because he'll have Peyton and you'll be out of sight, out of mind. Is that what you want?"

No, she thought as she shook her head. Tears welled up in her eyes as she considered her options. "It's fine," she finally said. "Peyton can have him. She's the one he'll always want anyway. It was just stupid of me to think he'd ever look at me the way he looks at her."

"Oh wow," Damien snorted in disgust. "Such a grand sacrifice. You really are pathetically in love with him, aren't you?"

"And you really aren't his friend, are you?" she returned hotly, the tears now streaming down her cheeks over the mess she'd selfishly helped create, and even more so as she thought about her original reason, before it became about revenge against Nathan and Peyton. "The friend that Shelly girl was talking about, the one who told her Nathan cared about her, that was you, wasn't it?" she accused, realization hitting her.

Flashback (chapter 76)

"Look, he's a minor. It's not like he's gonna do hard time. Maybe a few months in juvie," he said, guessing correctly that she knew nothing about state laws. "Just enough time for him to realize who he really loves. And I'll tell you right now, it's not Peyton."

"You think he loves me?" she asked.

"I know he does. And as soon as he can untangle himself from Peyton for more than a minute, he'll know it too."

End of Flashback

"I'm such an idiot," she said. "You fed me the same line you fed her. And all this stuff about Nathan needing help and you wanting to get it for him, that was all a bunch of crap, wasn't it? You just want Nathan and Peyton apart. And why? You want her for yourself? Is that it?" She knew she'd hit the mark when he didn't answer. "She's never gonna want you," Katie screamed resentfully. "Even if Nathan does go to jail, she's not going to want you."

"You don't know what you're talking about," he said, offended.

"Well, guess what," she said, ignoring his comment. "He's not going to jail, not if I can help it. And it doesn't even have anything to do with me making a sacrifice for him. It's about righting a wrong. I'm not letting him go down for this."

She turned toward the door, her mind set on what she had to do. However, her steps were halted when he grabbed her arm roughly and loomed over her threateningly, his eyes glazed over with something bordering on insanity.

"Oh, but you are," he said haughtily.