Thicker Than Water - 46. Chapter 46

Billy and Kenny came over on Valentine's Day. Billy had heard about the incident at the mall and wanted to talk to the boys before the court hearing that Tuesday. Kenny wanted to spend some time with his boyfriend and to express how disappointed that their first Valentine's Day was ruined because Bryan wanted to be spiteful. If Bryan had been dating anyone else, Diego wouldn't have allowed it, but he didn't see why Kenny should be punished because his boyfriend made very poor choices.

Caleb still refused to speak to Bryan. He didn't care that his brother said he was sorry. His feelings were still hurt. Caleb had been bullied enough at school and didn't like the fact that his big brother, a person he loved and cared about, bullied him just to get back at someone else.

Before Kenny saw Bryan, he checked on Caleb. They didn't really speak. Instead, Kenny laid down next to Caleb and held him. Kenny was the only one Caleb felt comfortable talking to about the bullying, which only made Kenny even more angry with Bryan.

“Bryan's a jackass,” Caleb mumbled.

“I know,” Kenny said. “He was wrong for what he did, especially to you. I wish I could've been there to stop him.”

“Me too.”

“He still loves you, though, and I don't think that will ever change, even if you're mad at him forever.”

Caleb didn't say anything. The longest he had ever been mad at Bryan was a week, and that was because Bryan accidentally broke one of Caleb's toys. But this wasn't an accident. Bryan knew what he was doing and still didn't care enough about him to find another way to irritate Calvin. That was just not acceptable for Caleb, at least not right now.

In the living room, Billy didn't seem too bothered by what Bryan had said and done; although, like everyone else, he wasn't happy about the bullying. He explained that unless Calvin could come up with some actual evidence that Bryan was connected to the vandalism, there wasn't going to be anything the cops could do.

“What about the judge?” Diego asked. “He didn't care about what the cops said when he changed the custody order.”

“We'll have to cross that bridge when we get there. In the meantime, Bryan doesn't talk to the cops without me present. I don't care if you're in the room or not. I'm his lawyer and he doesn't say a word aside from 'I want my lawyer.'”

Kenny stayed the night. Diego and Steve let the pair have a “date night” in Bryan's room, and even let them watch some movies (all rom coms of Steve's choosing and Kenny's approval.)

Bryan gave Kenny the bear and said, “I'm sorry I fucked this day up for us.”

“Thanks. I love you even if you do stupid shit...just try to do less stupid shit, especially around important days.”

“I love you, too,” Bryan said, and kissed Kenny on the lips...then the neck....

“Whoa!” Kenny said, gently pushing a very disappointed Bryan away. “You're grounded, Mister.”

“Seriously?”

“Hey, I don't make the rules. You're the one who messed up. If you hadn't done what you did, we'd be doing...well, I think I'll save that for next year.”

“Ugh, you're such a tease!”

“Roses are red, your balls are blue, you done fucked up, but I still love you.”

Bryan chuckled and laid his head on Kenny's chest as they began to watch another movie.

*     *     *

Tuesday morning was hell for everyone. Billy had insisted that both boys attend the first hearing, so the judge could put faces to the names he was going to be hearing. Despite getting the day off from school, neither boy wanted to spend an entire day sitting in a courtroom, especially near Calvin.

“Shit,” Steve said, looking at his phone. “Billy just sent me a text. He says that there's some kind of issue at the courthouse, and that we should try to rush inside as fast as we can.”

Diego looked concerned. “Did he give any specifics?”

“None.”

“Fuck it. We don't have time to wait for him to tell us.”

*     *     *

Bryan was once again wearing a suit. As if being grounded wasn't bad enough, he thought. Unfortunately, he was about to see how worse things can really get.

As Steve approached the courthouse, a crowd of about 30 people stood outside with picket signs. “What the actual fuck?” he said as one sign caught his attention. It read, “Fags not Dads.” More signs came into view and they all had similar messaging. It was all homophobic rhetoric that targeted gay dads...them.

“We can't have these sinners raising our children! It's an affront to God!” yelled a male voice through a bullhorn. “Leviticus 18:22 is clear that man shall not lay with man as he would a woman. These heathens defile God's commandments and are raising children to believe that it's okay. We can't stand by and let these sinners damn the souls of the next generation!”

“Daddy,” Caleb said, his voice quivering. He reached out and took Bryan's hand, forgetting how mad he was.

“It's okay, Mijo. Just try to ignore them.”

Luckily, the courthouse had a secure parking lot for people with court dates. They entered the building and found their way to the courtroom, where they found Billy talking to Calvin's lawyer; Billy looked pissed. Once he noticed his clients, he excused himself and joined them.

“What the fuck is going on, Billy?” Diego demanded. “I thought these hearings were closed to the public.”

Billy, a little bitter, said, “They are. 'Someone' tipped off a local evangelical church and set them to task outside. I'm having Charlie look into it. In the meantime, I need you to take a seat.” He looked right at the boys and added, “And do not look at Calvin. Is that understood?”

“Yes, Sir,” Both boys replied.

*     *     *

“All rise,” the Court Clerk called out, roughly 20 minutes later. “The Honorable Stephen J. Arthur presiding.”

Judge Arthur entered the courtroom and took his seat. “You may be seated,” he called out. Everyone sat, except for Billy and Calvin's lawyer, Mr. Clarke. “In the Matter of the Minors Bryan Padilla and Caleb Padilla, counsel are you ready to proceed?”

“Yes, Your Honor,” both attorneys declared.

“Very well, then.” Judge Arthur opened a file and signed some documents. “We'll start with opening statements from each attorney of record and proceed with the Petitioner's first witnesses. We'll break for an hour at noon for lunch and return at 1pm to continue. Our day will end either when the Petitioner rests their case or 5pm, whichever occurs first. Then tomorrow, we'll either continue with the Petitioner's case or the Respondent will present theirs. Does this seem amenable to both parties?”

“Yes, Your Honor,” Billy and Mr. Clarke reply.

“Very good. Before we start with opening statements, it has been brought to my attention that another incident occurred during Mr. Johnson's visit.”

“That's correct, Your Honor,” Mr. Clarke said. He then explained what had happened from Calvin's perspective, including Calvin's suspicions that Bryan was behind the vandalism and used his fake temper tantrum and false allegations as a distraction for the tagging to occur.

“Mr. Parker,” Judge Arthur said, with a slight yet noticeable amount of disdain in his voice, “what did we talk about after the previous incident?”

“Your Honor,” Billy said, unbothered by the judge's tone, “Mr. Johnson nor Mr. Clarke have any evidence that my client has committed a crime of any sort, and unless they do, these allegations are baseless and not worth the Court's time.”

Mr. Clarke interjected, “Your Honor, it seems rather convenient that Bryan Padilla was making false allegations against my client in public, while his vehicle was being vandalized.”

“Coincidence is not evidence,” Billy corrected. “The Washington Police Department is currently conducting an investigation into the crime, and it would be beyond the scope and jurisdiction of this court to even consider any kind of ruling prior to the conclusion of that investigation. Furthermore, it would be up to the District Attorney's office to decide who would face charges in Criminal Court and not Family Court. We're here solely to discuss a custody dispute and nothing more.”

“I'm well aware of why we're here, Mr. Parker,” Judge Arthur said. “However, it seems to me that Bryan Padilla is attempting to circumvent my court order.”

“How so, Your Honor? There's nothing in the Order that says that Bryan had to be completely complacent during the visit. In fact, it was part of my objection at the time. Bryan has made it beyond clear that he doesn't want anything to do with Mr. Johnson. If Mr. Johnson isn't capable of dealing with a teenager who is acting out for less than 30 minutes, how can he even be deemed fit to have custody full time? It seems to be more of a character flaw on Mr. Johnson than my client.”

“Bryan Padilla made false allegations,” Mr. Clarke added.

“That's a civil matter not a Family Court matter, let alone anything to do with the matter before this Court,” Billy said. He was starting to get annoyed. “Your Honor. We're supposed to be doing opening statements at this very moment. The Court has no legal right to make Bryan behave while in Mr. Johnson's custody. Nothing Bryan has been accused of doing falls under the jurisdiction of this Court. He complied with the order to attend the visit, which is the minimum he's required to do. Everything else is just Mr. Johnson's bad parenting skills.”

Judge Arthur fell into a pregnant pause for several minutes. “Mr. Clarke, I have to agree with Mr. Parker. Your client was responsible for the well being and behavior of the minors in this case and failed to do his due diligence; however, the Court will amend the Order to include a provision that both Bryan and Caleb must be on their best behavior whenever they're with Mr. Johnson or face contempt charges.”

“Objection, Your Honor,” Billy said firmly, almost snarling. “You're violating my clients' rights of Free Speech and Freedom of Expression. They have the right to protest being with Mr. Johnson, even if it means misbehaving to make their point. You are overstepping, and again, I call for you to recuse yourself, Judge.”

“Overruled and your request is denied, Mr. Parker, and take it up on appeal,” Judge Arthur said, dismissively. “Mr. Clark, present your opening statement.”

*     *     *

“I can't believe this,” Diego said, trying not to grind his teeth. “What the fuck is wrong with this judge?”

“Don't worry about it,” Billy said, as he paid for everyone's lunch.

“What the fuck is wrong with you?!”

“Nothing. There isn't much we can do about it right now, so the best thing we can do is let it go.”

“I get you have nothing to lose in this case--”

“--I have everything to lose in this case, Diego. Don't take my demeanor as a lack of caring. I've been doing this a lot longer than you, and know how the system works. If your kid hadn't pulled his little stunt, the judge wouldn't have amended the order. I've already chewed out Charlie for his part in all of this, but it was bound to happen, anyway. Calvin and his lawyer would've found some excuse to get unsupervised visits, and they know the judge would side with them.”

“It's because I'm gay, isn't it?”

“Likely, but we have no proof of it. It's also just as likely that you're Mexican or short. It could be that Judge Arthur really hated my birth father and wants some payback. What matters is presenting our case, destroying Calvin's and keeping the boys with you. It doesn't matter the games they want to play in the meantime. There's an end goal here, Diego, and that's what we're aiming for, and not the trivial battles in between.”

“Whether it's a battle or war, Billy, we seem to be fucking losing.”

Billy shook his head and said, “Oh, we're not even close to losing, Diego; not even fucking close.”

*     *     *

“Mr. Clarke,” Judge Arthur said, once everyone was in the courtroom, “you may call your first witness.”

“Thank you, Your Honor. The Petitioner would like to call Mr. Raul Reyes-Ortega to the stand.”

Billy was thrown for a second. He knew Diego's ex-boyfriend was on the witness list, but usually the client was called to the stand first, with every subsequent witness called as supporting testimony. Granted, it wasn't a hard-fast rule, so Billy chalked it up to Clarke trying to throw him off his game. In any event, Calvin would have to testify since he was the one making the claims.

Raul walked toward the stand. He was tall and slim, with olive skin and slicked back black hair that Diego knew was dyed at least once a month. Raul wore a nice, light tan suit, which made his naturally dark skin look more pronounced. Raul was very proud of his Spanish heritage, almost to a bigoted extreme. Diego had forgotten how smug he always looked in the presence of those he considered lesser.

The Clerk of the Court had Raul hold up his right hand and then asked, “Do you swear to tell the truth, the whole truth, and nothing but the truth?”

“So help me God,” Raul said.

“Please be seated,” Judge Arthur said. “Please state your full, legal name for the Court.”

“Raul Jimenez Reyes-Ortega.”

“Thank you, Mr. Reyes-Ortega. Mr. Clarke, you may proceed.”

“Thank you, Your Honor,” Mr. Clarke said from behind his desk. “Mr. Reyes-Ortega, what is your relationship to the Respondent, Mr. Diego Padilla?”

“Diego is my ex-lover.” Raul replied. He looked right at Diego, who felt anger boiling within him.

“How long were you and Mr. Padilla a couple?”

“About eight months.”

“And how long ago was that?”

“Approximately, six years ago, give or take a few months.”

“Thank you. How would you describe your relationship?”

“Objection, Your Honor,” Billy said. “These questions and the relationship between my client and Mr. Reyes-Ortega have no basis on the matter before this court.”

“Your Honor,” Mr. Clark said, “the witness is here to testify that my client had been trying to have contact with his children and that Mr. Padilla actively prevented that.”

“Mr. Parker, your objection is overruled. The witness will answer the question.”

Raul waited for Mr. Clarke's nod then proceeded. “Diego and I started off having a great love affair. It was passionate and loving, but I wasn't ready to become a father at the time. I explained this to Diego, who was unwilling to even enter the idea that the boys were better off with their birth father. In order to save the relationship, I had to accept that the children were part of the package.”

“And how did that work out?”

“It didn't. The little one was tolerable at the best of times, while the older one was always a struggle. He didn't like me, despite my best efforts to get along with him. Diego worked long hours, and his mother was the primary babysitter at the time. However, there were moments when I was forced to watch the children, and the oldest wouldn't listen to anything I said. I'd complain to Diego, who ignored my feelings and advice.”

“What ended your relationship with Mr. Padilla?”

“I decided that their birth father needed to come get his children, so I took what little information I knew and tried finding him on my own using Google.”

“Were you ever successful?”

“Yes. I managed to find Calvin Johnson after a few weeks of trying. I was about to send him a message, when Diego caught me. We had a big fight, and Diego kicked me out of the house and his life.”

“Thank you, Mr. Reyes-Ortega. Your witness, Mr. Parker.”

Billy stood with his notepad. “Mr. Reyes-Ortega. I'm confused about a few things, so maybe you can help me work them out. You knew my client had children early on in your relationship, correct?”

“That is correct.”

“Yet, you just testified that you didn't want children, isn't that also correct?”

“It is, yes.”

“So, if you were only dating for eight months approximately six years ago, why would you have opted to date a man who had children? Diego would've had the boys for about two or three years by then, so why go out with him at all?”

Raul paused, considering his answer. “I liked him.”

“You liked him?”

“Yes.”

“You couldn't have found someone else who you also liked who didn't have children?”

“I don't think you understand how limited the number of available gay men there are in Washington.”

“Maybe so, but I'll ask my husband when I get home,” Billy quipped, shrinking the smug look on Raul's face just a little. “But you still haven't answered my question. Why date my client when you could've found someone better suited for your desires?”

“As I said, I liked him.”

“Very well. You're not from Washington originally are you?”

“No, I'm not.”

“Where are you from, originally?”

Raul shifted in his seat. “Madison.”

“Yes, Madison. You grew up there?”

“Yes.”

“And went to high school there?”

“Yes.”

“Make a lot of friends in high school?”

“Some.”

“Have you maintained any of those friendships after leaving school?”

“Objection, Your Honor,” Mr. Clarke said. “These are not relevant questions to this case.”

“Your Honor, Mr. Clarke opened the door by establishing the nature of my client's relationship to the witness. I'm allowed the same course.”

“Objection overruled,” Judge Arthur said. “Make this quick, Mr. Parker.”

“Yes, Your Honor. Please answer my question, Mr. Reyes-Ortega.”

“Yes, I kept in touch with a few people.”

“Over social media?”

“Yes.”

“How many Facebook accounts have you had since 2009?”

“I don't know. A few.”

“How many Facebook accounts did you have during your relationship with my client.” Raul looked over toward Calvin's table. “Mr. Reyes-Ortega you need to keep your eyes on me and not the Petitioner. Now answer my question. How many accounts did you have while dating my client?”

“Two.”

“Correct. Isn't it true that you created a second account about the same time you started dating my client?”

“Yes.”

“And on your first account, isn't it true that the Petitioner, Calvin Johnson, was already your friend?”

“Objection, Your Honor; relevance,” Mr. Clarke called out.

“Overruled,” Judge Arthur said. “The witness will answer the question.”

“Yes.”

“Isn't it also true that you and the Petitioner had been friends since high school?”

“Yes.”

“Isn't it true that you started dating my client, so you could give the Petition information on my client?”

Raul's eyes kept shifting towards Calvin, as he seemed unsure how to respond.

“Mr. Reyes-Ortega,” Judge Arthur said, “you will answer the question or face contempt of court.

“Yes,” Raul answered. “Calvin contacted me a few months prior to me meeting Diego. He asked me to do him a favor and get to know Diego.”

“Why?”

“He said that Diego had tricked a judge into giving him custody and practically kidnapped his kids. Calvin said that his ex-wife, Donna, had gotten the kids taken from her, and Calvin was working on getting a house for him and the boys, when Diego tricked Calvin into leaving the boys with him. Calvin said that Diego had always wanted kids but couldn't have any of his own, and waited for Calvin to leave town before lying about them being abandoned.”

“So you agreed to spy on my client and feed the Petitioner information?”

“Yes. Then I honestly fell in love with Diego, so I was reaching out to Calvin to tell him to just come take the kids, so Diego and I could be together forever.”

“Were you aware that Mr. Johnson no longer had parental rights and that my client was their legal parent?”

“That's what Diego told me, but Calvin swore that Diego was lying, that he never had his rights taken.”

“Your Honor, I'd like to submit Respondent's Exhibit R-1. It's a copy of Mr. Reyes-Ortega's correspondences with the Petitioner via Facebook Messenger that corroborates everything Mr. Reyes-Ortega has just testified to.” Billy handed over a large stack of papers to the Court Clerk, before handing a stack to Mr. Clarke.

“Let the record show that Respondent's Exhibit 1 has been so entered.”

“Thank you, Your Honor. Now, Mr. Reyes-Ortega, when were you made aware that Mr. Johnson had lied to you?”

“I guess just now. He promised me that he wasn't lying when he reacted out to me a few weeks ago.”

“I have nothing further Your Honor,” Billy said as he took his seat.

“Mr. Clarke, would you like to redirect?”

“No, Your Honor.”

“The witness is excused,” said Judge Arthur.

Raul stood and rushed from the courtroom. Diego wanted to follow the man and beat his ass. He had to remind himself of what was at stake, and going to prison wasn't worth it...in the long run.

“Mr. Clarke, call your next witness,” the judge said.

“Your Honor, in light of the previous witness's testimony, I'd like postpone calling my next witness until tomorrow."

“Mr. Parker, do you object?”

“Not at all, Your Honor.”

“Then Court is adjourned until 10am tomorrow morning.” Judge Arthur banged his gavel, and everyone stood to leave.

Billy smiled at Mr. Clarke and said, “You can drop this case at any time.”

Mr. Clarke didn't reply as he ushered Calvin out of the courtroom.

“Holy shit,” Bryan said once they were in the hall. “That was awesome.”

“Thanks,” Billy said. “Don't get too excited, though. He's still got Calvin to call.”

“Thanks a lot, Billy,” Diego said, shaking the man's hand. “I'm sorry for getting upset earlier.”

“No need to be sorry. It's a stressful situation. Go home, rest and be ready for tomorrow. The boys don't need to be here, now that the judge has seen their faces.”

“But I want to see you kick Calvin's ass,” Caleb said. He hastily covered his mouth once he realized what he said.

Diego laughed and said, “It's okay, Mijo. I think we all want to see that.”

“It's all being recorded, Caleb,” Billy said, “so I'll make sure you get a copy to watch when it's all over.” To Diego, Billy said, “I recommend you leave now and quickly. That crowd will be waiting for you.”

*     *     *

Steve brought the car around to the security gate and groaned as the protesters stood waiting. “How many points do I get if I take some of them out?”

“I'll give you 100 per adult, but take 50 for each kid,” Diego said jokingly.

“Sounds more like a win to me.”

“What the hell?” Bryan said from the backseat, causing his dads and brother to look around.

“That explains everything,” Diego said, gritting his teeth.

Among the protesters in the front stood Dan Thomas, his mother, Debra, and the former superintendent, Mrs. Caroline Rouch. They were all holding signs and leading bigoted chants directed at Bryan and his family. Steve smiled and waved as he drove by, while Diego had to keep Bryan from jumping out of the car towards Dan.

“As if I couldn't hate those bitches more,” Diego growled.

“It's okay, Babe. If Billy keeps doing a great job like he did today, we won't have to see those assholes for very long.”

*     *     *

Once they got home, Steve took Sampson for a walk. The husky was very vocal and bounced around excitedly. “It's like we forgot all about him,” Steve joked as he walked out the door.

Bryan hugged Diego, with Caleb joining in. “We love you, Dad. No matter what happens, we'll always be your sons.”

Diego teared up and hugged his boys tightly. “I love you both so much. I don't want to even think of what life would be like without you. I think we'll go out for dinner. This day has been too much to add cooking to, and we have another day of this shit tomorrow.”