Thicker Than Water - 25. Chapter 25

Kenny's School Board review was scheduled for the morning of October 31^st, Halloween. He was growing bored, having to spend most of the week by himself at Bryan's house. He did his best to not be a bother to anyone, but he was developing a major case of cabin fever. His mother came to visit several times, but Kenny got the impression she was glad to not be a full-time parent. Well, part-time, at any rate, he said to himself, feeling bitter.

Diego was feeling a lot better about his lawyer. Billy had called and told Diego that Calvin's girlfriend, Amanda Rickman, pleaded not guilty to filing a false police report. “It's typical of the situation. My guess is that she'll take a plea deal and get a slap on the wrist,” Billy said.

“What kind of slap?”

“At best, probation, but most likely a fine with a chance of community service.”

“That's bullshit given what she and Calvin were up to.”

“Yes, but proving they did more than feed your son isn't something worth fighting over. However, this will help us in the custody case, since we can use her guilty plea as evidence against her and Calvin, as it could help discredit her. If she was willing to lie to the police, it could be argued that she'd be willing to lie to the Court.”

“That sounds like a good plan, actually.”

“It should be. I may need you to appear at Court for her sentencing and make a victim impact statement. Perhaps we could push the judge into handing out a year or so of probation.”

“Sure, I can do that,” Diego said. He was tempted to ask Billy about his biological father but decided against it. He didn't know the man and he was more curious than concerned.

As the days drew closer to Halloween, Caleb and Kenny grew more excited. Bryan, however, was dreading seeing the Barton Twins again. Only Steve seemed somewhat sympathetic to the teen's plight.

“You don't have to talk to them, you know,” Kenny said the night they got their costumes.

“I guess.”

“Plus, there'll be high schoolers and other queer kids to talk to. It's not like we have others like us we hang out with.”

“True. I'm just freaking out for nothing.” Bryan didn't like what he had said, as he felt his feelings were valid. Even at their school, the twins had a reputation. The only reason he was going was that he doubted his dad would let him stay home, especially after everything going on with Calvin and at school.

*  *  *

The morning of Kenny's hearing was thick with tension. Kenny's mother had arrived early with fast food and donuts for breakfast, all things Diego frowned upon; however, he didn't want to make things worse by complaining.

Bryan was allowed to take the day off, since Diego thought it would be good to have a witness for Kenny. Caleb begged to go, too, but was told that there was no need for him to miss school.

Mrs. Mitchell looked very nervous. She kept biting her fingernails and her leg was shaking almost violently fast. Kenny did his best to try to calm his mother, but she looked like she was facing a life sentence. Apparently, her meetings with Child Protective Services weren't going very well, and their next step relied heavily upon the School Board's decision.

“They're going to take my boy away from me; I just know it,” she confided in Diego while the boys were finishing getting ready for school.

“You can't think like that,” he said. “There aren't any grounds. Not to mention Kenny is the real victim here. I'm sure the Board will understand that once the boys and Terra have a chance to tell what actually happened.”

“I hope you're right,” she said, wiping tears from her face. “CPS has been on me for years, and I know they're just looking for an excuse.”

“Yeah, I remember having to deal with them during the adoption. I can't imagine they're any better now.”

“The kids are ready,” Steve said, as he grabbed his keys.

“I'll meet you there,” Diego said, kissing his soon-to-be husband. “If Caleb gives you any crap on the way to school--”

“--I'll let you know.”

“Yes, but I was going to say that you can ground him if he becomes too much of a problem. If you're going to be their stepdad, you probably should start getting some of the rights that come with it.”

Steve wasn't sure how he felt about it, since he wasn't a huge disciplinarian, but appreciated the gesture, nonetheless.

Diego and Mrs. Mitchell rode in the front seat of Diego's truck, while the boys rode in the backseat. Bryan and Kenny held hands, silently reassuring the other that everything was going to be okay.

Kenny didn't ever say it, but he was very frightened. Being expelled would mean finding another school, possibly in another district, which also meant not seeing his boyfriend and Terra every day. He hated being suspended because it was really boring, and being expelled would be that much worse.

Bryan, too, hid how nervous he was. He didn't want Kenny to leave school, either, and he knew how much of a bitch Mrs. Thomas could be. He often wished that he could take Kenny's place.

“What the actually fuck?” Mrs. Mitchell said as they approached the School District's main building.

Bryan and Kenny leaned as far forward as they dared without getting snapped at by Diego. Ahead of them, several white vans with local news station logos lined the street, and the parking lot was jammed packed with cars.

“I'll park a block or two away,” Diego said, moving passed the small crowd of reporters.

“You don't think they're here about this hearing do you?” Mrs. Mitchell asked.

“I hope not, but with the way things have been going lately, I wouldn't be surprised.”

Diego parked three blocks away at a shopping center, he sent Steve a text and the small group made their way to the meeting. The crowd had grown bigger as they got closer. Diego groaned as he saw Mrs. Thomas talking very loudly to the reporters.

“--Bullying at this school must be stopped!” She shouted as if addressing Congress. “My son, Daniel, has been the victim of harassment, abuse, racism and heterophobia for years. This bullying has largely been perpetrated by a small group of self-righteous homosexual students who have used their status as 'minorities' to justify their assaults on my child.

“For merely questioning a teacher, Daniel was strangled in front of that teacher by a Mexican student. She stood back and did nothing to stop it, as my son gasped for air, dying. He could've been killed, and what did the Principal do? He suspended my son who was clearly the victim of several hate crimes!”

If Diego wasn't already seething, he might have commended her performance, especially her ability to cry on cue. Mrs. Thomas dabbed a small tear at the corner of her eye, as reporters ate everything up.

“I will not stop,” she continued, “until Principal Deacon is fired, and every bigoted bully is cast out of this district, regardless of their race or sexual orientation.”

Diego was able to sneak passed the gathering, and as they reached the door to the building, he heard a reporter ask skeptically, “Are you seriously suggesting that your son, a white student, should be considered a protected minority?”

“Yes,” Mrs. Thomas proudly declared. “This has been a long time coming. This is the United States of America, after all, where all men are treated equally.”

“Can you believe what that bitch is saying?” Bryan demanded. His face had turned an intense shade of red and his whole body trembled with constrained rage.

“This is the shit I've been trying to tell you, Chico,” Diego snapped. “This is the shit every non-white has had to deal with for centuries, so welcome to the club. Let's just hope the hearing is closed to the public.”

Unfortunately, it wasn't. Typically, matters involving minors were closed-door affairs; however, someone decided that the hearing needed to be opened to everyone. Camera crews had a designated area, and a group had gathered in the back few rows. Diego looked around and didn't see Terra or her mother, Principal Deacon or any of the other witnesses he had planned to call.

Mrs. Mitchell clung to Diego. “CPS is here.” Diego looked at where she was pointing and saw two women sitting in the front row. They were dressed in pantsuits and looked like they meant business. A staff member guided them to a conference table facing the raised seats of the already seated School Board. On the table was a list of rules for the meeting, many of which Diego didn't understand as it was all in legalese.

Neither adult needed to look around to know when Mrs. Thomas entered the room, as a chorus of voices echoed from the halls. The staffer who sat Diego and Mrs. Mitchell moved to greet Mrs. Thomas and escorted her to the table next to theirs. No words were exchanged.

After a couple of minutes a man in a suit sat next to Mrs. Thomas and Diego's blood truly came to a boil. Thomas Walker sat with Mrs. Thomas. “That son of a bitch!” Diego growled under his breath. Diego hastily explained to Kenny's mom who Mr. Walker was.

The loud banging of a gavel brought the room to relative silence. “Let's bring the expulsion hearing of Kenneth Mitchell to order, please,” called out a woman seated in the middle of the five-person panel. “Let the record show that the full Board is present along with Mrs. Debra Thomas, her husband Michael Thomas, along with Mrs. Tracy Mitchell and the accused, Kenneth Mitchell.” The woman looked at Diego and asked, “Sir, please state your name and purpose for the record.”

“Diego Padilla. I'm a friend of the family. My son is a--”

“--So,” the woman interrupted, “you're not a lawyer or parent in this matter?”

“I'm not a lawyer, but my son, Bryan Padilla, is a witness--”

“So, you're not Kenneth's father?”

“No, but--”

“Mr. Padilla, I need you to sit with the spectators. Only family are permitted at those tables.”

“But--”

“There are not 'Buts' here, Mr. Padilla. Please do as directed before you're removed from there hearing.”

Disgruntled, Diego and Bryan moved to the seats directly behind the Mitchells. Mrs. Thomas glanced over with a rather smug expression that caused both Padillas to glare back.

“With that distraction out of the way, I think we're ready to rule on this matter."

“Rule?” Diego stood and said out loud. “You can't rule now! You haven't heard from any witnesses!”

“Mr. Padilla,” the woman said, “this is your final warning. You've held this hearing up long enough. One more outburst from you, and I will have you removed. Do you understand me?” Diego didn't say a word and sat back down. “As I was saying, this Board has found Kenneth Mitchell guilty of assault which violates the District's anti-bullying policies and guidelines. The Board has reached this decision 3 in favor of expulsion and 2 against. I understand that Mrs. Thomas has something she'd like to say before he hand down our ruling.”

“Thank you Madam Superintendent,” Mrs. Thomas said, as she stood and faced the cameras. “This is a move in the right direction. No longer shall heterosexual children be bullied by the menace that is the homosexual. No long will white children be attacked by those lesser than them who use their 'minority' status as a means to get away with murder. Today, this brave Board takes a stand to protect our children from the hate and prejudice that woke culture has been forced upon us. May this decision serve as one of many that will cleanse our schools of the false doctrine of tolerance.”

“Well said,” someone in the crowd bellowed. Diego looked around as a loud murmur over took the room. “Unfortunately, it's all a load of horse shit.” Billy declared as he moved through the crowd and approached Mrs. Mitchell's table.

“Order! Order!” The Superintendent yelled as she banged her gavel. “This meeting will come to order!” She looked at Billy and asked, “Who are you and what are you doing here?”

“I'm William Parker IV, Mrs. Mitchell's attorney. I'm sorry I'm early...or is it late?...the email your office sent me an hour ago said that this meeting had been postponed till next week. Luckily, one of my associates heard about the meeting and managed to get a hold of me. Traffic, much like yourself and Mrs. Thomas, was a real bitch.”

The crowd couldn't contain their shock at Billy's words, causing the Superintendent to loose it. She slammed her gavel so hard several wondered if the block had split. Meanwhile, Billy looked a bit amused at the crowd's reaction.

“How dare you?!” The Superintendent shouted over the din.

“No, how dare you!” Billy spat back. “You invited a media circus to witness your bigoted attack on an openly gay student, who had been harassed and bullied by your so-called white pride martyr. Mrs. Thomas practically gave a Hitler-esk speech out front to the press. While that was going on, you and/or your staff emailed myself and others, except for Mrs. Mitchell and Mr. Padilla, that this very hearing was postponed a week, and yet, here you are, ready to hand down your judgment without so much as calling a witness or any evidence to support the claim! And let's not forget Mrs. Thomas's continued bigoted remarks that you so graciously let her vomit.

“Speaking of Mrs. Thomas, why haven't you recused yourself from this hearing, Madam Superintendent? You're presiding over this matter is clearly a conflict of interest given your personal connect to her. I find it rather preposterous that your fellow board members would allow you to have an opinion on the matter, let alone the ability to rule at all.”

Two of the board members looked shocked by Billy's remarks. He couldn't help but notice they were the only non-white members, both women.

“I haven't shown any bias in this matter, Mr. Parker,” the Superintendent snarled. “In fact, I find you out of order and want you to leave this hearing.”

“I don't think you can do that,” Billy said, smiling. “In fact, I know you can't. Under Section 37a of the School District's Rules for Conduct Hearings, Kenny has the right to have a legal representative present at expulsion hearings, and as I am his lawyer, I have every right to be here.” The Superintendent looked over to the Thomas's table, but Billy interjected. “There's no point asking Mr. Thomas to clarify that rule, as his license to practice law in this state is up for review. Apparently, you can't accept a trainer from a client and breach that trust and confidentiality to benefit another client. Isn't that right, Mikey?” Mr. Thomas looked livid but didn't reply.

Billy turned to the press and said, “That's right. Mr. Michael Thomas, who goes by the incredibly WASP-ish name Thomas Walker, took a retainer from my other client, Diego Padilla, who sought counsel for a custody matter. Mr. Thomas then took that privileged information and passed it to his new client and cousin, who's boyfriend Mr. Padilla is having the custody dispute with. I swear only some wanna be author could make this shit up.”

“Mr. Parker,” the Superintendent called out, “Your conduct in this hearing is very unbecoming.”

“My conduct has been a saint compared to yours, I'm afraid. I actually find it odd that your fellow board members haven't said a word, either. Surely, they're allowed to have opinions of their own.”

One of the board members, a white male, said, “We do have opinions of our own, Mr. Parker, but we respect the rules of our hearings, and leave most of the talking up to the superintendent to allow for expediency.”

“Clearly, you must have learned that technique from the Texas Death Row Express. Somethings can't be rushed, especially with the life of a child on the line.”

The Superintendent said, “Mr. Mitchell attacked another student, Mr. Parker. It doesn't take a genius to see his guilt.”

“You're right, it doesn't; however, it does take a lawyer to get to the truth of the matter. So, let's start with Daniel Thomas's school record.” Billy opened his brief case and pulled out four thick envelopes. He opened the first, pulled out some documents and passed them around. “This is a copy of Daniel Thomas's disciplinary records going all the way back to Head Start.”

“Where did you get these?” Mr. Thomas demanded. “These are confidential.”

Billy laughed and said, “I filed a Freedom of Information Act for them and received the documents yesterday. FOYA aside, you're the last person to lecture me about confidentiality, Mikey, so sit down before you hurt yourself.” To the board members and the press, he continued, “As I was saying, these are misconduct reports filed by each school and as you can see, Daniel Thomas has an extensively long history of bullying going all the way back to when he was 4-years-old, when he put glue in Becky Warner's hair. There isn't a year that has gone by that Daniel Thomas hasn't been caught bullying other students. However, it has only been since his attendance at the Junior High that he's actually faced suspensions. According to his records, he's been suspended five times in three years, all for bullying.”

“This is absurd,” Mr. Thomas said. “We're not here about Dan's conduct.”

“Yes, we are, Mikey. Your son has been verbally harassing my client for years. The items marked in yellow are the incidences in which Daniel Thomas had been caught by staff for verbally harassing and bullying Kenny Mitchell, a total of 57 over six years. The items in blue are the incidences where Daniel Thomas has been caught doing the same to my other client, Bryan Padilla, a total 29 over six years, and the ones in pink are the those involving their friend, Terra Christie, a staggering 81 over eight years, who also was supposed to have been called as a witness today but was given the wrong hearing date. Those aside, you'll find a plethora of other incidences where Daniel Thomas verbally and physically bullied students. Kenny just had enough and finally fought back. By the way, I would've loved to have given you a copy of Kenny's misconducts, but he doesn't have any. He literally has an empty conduct folder, yet his first ever offense is going to lead to an expulsion, as where Daniel Thomas still hasn't faced a single one despite a decade of bullying.”

“Is this all you've got?” The Superintendent said snidely.

“God no,” Billy said, maintaining his smile and chuckling. “I also have the misconduct reports for Anthony Thomas, Daniel's elder brother, who exhibited the same pattern of behavior without consequence, and my favorite, Michael Thomas, Jr. has many, interesting entries.” He handed the files over to the board members. “As you can see, highlighted in yellow, Michael Jr. had been caught beating a student so badly the student was sent to the hospital, yet the principal didn't feel the need to so much as put Michael Jr. in detention. I'll give you one guess who the principal was.”

The four board members turned to look directly at the Superintendent, who was red with anger. “That's it! I've had it with your little games, Mr. Parker! Get out of my board room and I declare Kenneth Mitchell expelled from the district!”

“No,” One of the other women board members said. “I don't think so. I think there's sufficient evidence to show your bias in the matter, and after looking through these documents, I think there's plenty of evidence to support that Kenneth Mitchell was acting in self-defense.”

“Of course, you'd think that,” Mrs. Thomas spat. “You wouldn't know what kind of struggle white people have had to endure because of people like you.”

“Excuse me,” the board member, Mrs. Jenkins, a black woman, said. “You are out of order, and this school district has a zero tolerance policy towards bigotry, Mrs. Thomas.”

Billy said, “I think Mrs. Thomas just summed up my whole case. She's a bigot and a bully who has raised other bigots and bullies. She uses her privilege, money and influence to keep her children out of trouble, while the kids get away with whatever they want, even at the detriment of the other students. It's time this stops. You need to take action now and set a precedence that bullying will no longer be tolerated, and that the wealthy and powerful are not above these rules.”

Mrs. Jenkins said, “All in favor of removing Superintendent Ridgefield from the Board, raise your hand?” Mrs. Jenkins and the three other members raised their hand. “All in favor of dismissing the expulsion of Kenneth Mitchell, raise your hand.” Mrs. Jenkins and two others raised their hands. “The vote is three to one. Mr. Mitchell will not be expelled and may return to class starting Monday. Mr. Mitchell, I would like to apologize on behalf of the School Board and District. We were terribly mislead and hope you can forgive us.”

“What about my son?!” Mrs. Thomas shouted. “He deserves justice!”

“Yes, yes he does,” Mrs. Jenkins said. “All in favor of reviewing Daniel Thomas's conduct for a possible expulsion, raise your hand?” All four board members raised their hand.

“This is racist!”

“No, Mrs. Thomas. You might want to look the word up before you start using it. Meeting adjourned.”

Diego stood and moved to greet Billy. "Thank God you got here."

"Don't thank God. Thank Steve. He sent me a text this morning." To Mrs. Mitchell, Billy said, "Don't think this is over. No doubt the Thomas family will keep this fight going, especially in the press."

Mrs. Mitchell said, "I can't afford a lawyer."

"Don't worry about it. I'm doing this pro bono. My firm has a a fund for such causes and cases. In any event, we have to meet with the press. There's a victory lap we and some misinformation we need to fix."

Diego was stunned as Billy lead them to the parking lot and the small horde of cameras. Billy smile and greeted each journalist by name before saying, "I think everything went well today, don't you?" Many of the reporters laughed and chuckled along with him. "Evil is vanquished once more here in Washington. The Far Right kicked its own ass, and made sure thousands were there to bear witness. My client, Kenny Mitchell has not been expelled and was proven to be the real victim. He was tormented, bullied and harassed for the simply being him. Nobody here condones violence as an answer, but one must protect themselves, even if it means fighting. I believe my assistant has already handed out the information from the FOYA request. I hope it will help add context and support your reports with facts instead of facilitating the fascist ideology and rhetoric the Thomases were trying to perpetuate. Thank you."

Billy escorted everyone away from the press and walked them to Diego's car. "I'll see you all tonight at the Halloween Party."