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Second Shot - 40. Chapter 40: Subpoenas

Peter's home, Jason's happy, what could go wrong? How about the return of Belle and Dravek. You thought you didn't like them before . . .

Sunlight peeked through the blinds when Jason woke. Still lying next to him, Peter appeared to be sleeping peacefully. There were no more yelling episodes, at least none he heard. Feeling the need to pee, he carefully got out of bed, hoping he didn't wake Peter up.

Peter smiled as he slept so Jason decided not to disturb him by getting back in bed. His clothes, still in the same place he left them last night, were barely worn so he put them back on. Quiet as he could, he went into the kitchen to make coffee. While it was brewing, he set out things to make for breakfast once Peter was up.

Cup in hand, Jason moved to the futon with his laptop to check his email. Nothing important, so he shifted to the morning headlines. He was still reading the sports section when he heard Peter move around.

"Hey." Looking half awake, Peter stumbled into the main room. "I woke up and you were gone. I thought you might have left."

Jason laughed. "As if I would do that." When Peter didn't laugh back he realized Peter was serious. "You seriously thought I left?"

"For a split second." He grinned. "But had you going."

Seeing Peter smiling at him made his skin tingle. How many time did he wish for this over the last three weeks. Peter leaned over, his kiss intensifying the feeling. When he stepped back, Jason sighed contently.

"Hungry?" Getting up, he made for the kitchen.

"I can make breakfast."

"No need. I got everything ready." He gestured for Peter to take a seat. "Allow me to cook the one meal of the day I'm competent to handle."

Peter seemed skeptical, but gave Jason a small nod as he moved the chair to face the kitchen. "Go for it, handsome."

Turkey bacon, eggs and whole wheat English muffins weren't difficult to make, but even Jason acknowledged afterwards, maybe he wasn't competent to do even breakfast. Clearing the dishes, he shook his head in disgust.

"It's okay Jase, it was sweet of you to do this." Peter kissed him.

"C'mon, the bacon wasn't crisp, but the eggs sure were. Even the muffins were under toasted. I think I should leave cooking to those who know how and limit myself to making reservations." Peter laughed, which was what Jason wanted to hear.

"Two bright spots." Peter brought carried their glasses to the sink. "You make good coffee and you pour orange juice as well as anyone I know."

Jason groaned. "Great. I can pour the drinks and set the table. Woo hoo,"

"You have other talents I appreciate more than your cooking."

"Great!" he said with as much sarcasm as he could. "Basically, I'm the dumb, blonde, bimbo, trophy wife."

"Trophy husband; I don't do women."

Jason made a sour face, but didn't respond. He didn't really want to be the incompetent half of their relationship. He knew he was, but why couldn't they both be equal?

Peter's smile disappeared and he put his arms around his boyfriend. "C'mon Jase, I'm playing. Breakfast was fine. It was really sweet of you to do that for me."

Feeling a bit less sorry for himself, he managed a small smile. "Thanks, but I still suck at it. So what do you want to do the rest of the day?"

"Shower first." Peter crinkled his nose in a way that made Jason laugh. "We were rather active last night."

"Were we?" He tried not to laugh as he feigned ignorance. "Hmm, I guess I must have missed that."

"No, I'm sure you were aware of it. You sure were loud enough."

"ME!" Jason protested. "I seem to recall that you weren't exactly mister quiet."

"Never said I was." Peter smirked. "But that doesn't mean you weren't loud too."

"Okay, you got me there."

"So, are you coming or do I have to shower alone?"

"Oh, I didn't realize that was your way of inviting me to join you. Last night you ordered me to get naked so I was waiting for my orders." Jason teased, as he moved toward the bedroom.

"Orders are limited to the bedroom." Peter answered. "But once you get into our bedroom, I want you to get naked."

"Yes, sir!" Jason turned giving Peter a mock salute.

"Much better."

Jason sat on the futon tying his black Adidas Samba sneakers when he heard a knock on the door. "Pete, someone's at the door."

"Can you get it? I don't have pants on yet."

Was there a hint of annoyance in his voice? Jason shrugged, but let it go. "Sure."

Through the peep hole he saw Detectives Belle and Dravek waiting for someone to answer the door.

What do they want, he thought as he unlatched the dead-bolt?

"Jason?" Detective Belle's head snapped back slightly and he blinked twice. "Didn't know you would be here, though I suppose I should have."

Now that he had a moment to think about it, why were they here? "What's the matter?"

"Is Peter home?" Belle asked.

"Of course, this is his apartment. He's getting dressed. Can I help you?"

"Can we come in?" Dravek peered over Jason's shoulder, then back at him.

"Oh, yeah sure. Sorry, you surprised me." Jason stepped back then shut the door when they were inside.

"Heading to class?" Belle asked.

Jason shook his head indicating they could use the chairs around the table. "No, I don't have classes today and Peter is off until Monday. We were just going to walk around campus a little before I have to go to soccer practice."

Peter entered while Jason was talking. "Hey, Detective Belle."

"Hello, Peter." Belle shook his hand. "I don't think you met my partner, Detective Dravek."

"Nice to meet you, sir." Peter said. "Jason mentioned he met you."

"Hopefully that's not a bad thing." Dravek laughed.

"Do they pay you to be this paranoid?" Peter joked. "Jason only said good things about you both."

Detective Belle shook his head, laughing. "Smart ass kid."

"Hey, this is my own little queendom. If I can't be myself here, where can I be?" Peter's response set Jason laughing.

Belle turned to his partner, rolling his eyes. "I told you we need to be careful with this one, Bud."

"Much as we enjoy your company," Peter said, "We have plans to spend the day together; alone. So what can I do for you?"

Peter's tone was light, but it conveyed how serious he was as well.

"Actually," Belle said. "We need to speak to you both, so it's good you're here Jason. Saves us a trip to your place."

Surprised they wanted to speak to him, Jason stayed silent hoping they would explain.

"The District Attorney handling the case wants to meet with you both." Dravek explained. Belle took some papers out of his inside coat pocket. He handed one to each of them. "And he wants to get your testimony before the grand jury."

"The meeting with the D.A. is optional, but those grand jury subpoenas are not." Belle told them.

Jason read the subpoena. It was for eleven a.m. on Monday November twenty-third. He had an away game that day; the last game of the year. He tired to hand the paper back to Detective Belle.

"I can't be there on the twenty-third."

The older man held up both hands, refusing to take it back. "Sorry Jason, it isn't optional. That's a subpoena, you’re served and you have to appear."

"I have a game that day." Jason was not trying to control his rising anger. "You can't just pick some random day and expect me to drop whatever I have going on. That's our last game of the season and it's away. We need to win that game for a better seed in the playoffs. You can tell the D.A. I won't be there."

"I'm not sure you were listening, kid." Dravek's condescending tone made Jason squint at him. "Subpoena's are not optional. You don't show up, they'll send the sheriff to get you."

"Fine, I'll have my dad's lawyer file a motion with the court asking them to vacate your subpoena." Jason stared him straight in the eye, challenging his threat. "I worked for their legal department, I know my rights. Wanna bet I don't have to show up?"

"Do you really want to make this a fight, kid?" Dravek asked.

"My name is Jason, not kid." If this had been his apartment he would have told them to leave. "And if you want to be a hard ass about this, then yes, we are going to fight about it. I'm not missing my last game of the year and I don't want to go to jail, so what other option is there but to fight you?"

"Okay, calm down, both of you." Belle shot his partner a look and stood between the two. "What if we get you a different day?"

"Fine, I told you before I'd cooperate." Jason settled down a bit, but still wouldn't look at Dravek.

"What about you Peter, is the twenty-third good?" Belle asked.

"I go when he goes." He offered back the subpoena as well.

Belle, looking a bit rattled, refused to accept the paper. "Hold on."

Dialing his phone, he walked over to the doorway. "Hey, Martin, it's Belle. The twenty-third is Tellerman's final game of the season and it's out of town. He wants to do this a different day. Gregory wants to come in when Tellerman does. . . . Yeah they're both here."

Belle walked over and held out his phone to Jason. "Deputy District Attorney Martin Pratner."

Still leery, Jason accepted the phone. "Hello?"

"Is this Jason Tellerman?" A deep male voice asked.

"Yes, sir."

"My name is Martin Pratner," the man said in a friendly voice. "I'm the Deputy District Attorney in charge of Major Felony crimes and I'm handling this case myself. I understand the twenty-third is a bad day for you?"

"Yes sir, that's our last game of the season and it's outside Pittsburgh. I can't be at the courthouse at eleven a.m. that day." Jason explained.

"No problem." Pratner seemed unconcerned. "Can you come Wednesday the twenty-fifth?"

Holding the phone to his chest, he asked, "Pete, can we do Wednesday the twenty-fifth?"

"Is that the day before Thanksgiving?"

"Yeah, I'm pretty sure it is."

Peter shrugged. "That's fine with me if it works for you, Jase."

Putting the phone back to his ear he said, "That's a good day, sir."

"Great, no problem," he said. If he was lying, Jason couldn't detect it. "Let me speak to the detectives again please."

"Yes, sir." Jason gave the phone back to Detective Belle.

"Yeah," Belle said. "Okay, we can do that. . . . Yeah, no problem. . . . Thanks, Martin."

Snapping the phone shut, he held out a hand to each of them. "Can I have those back for a moment please?"

"Thought you didn't want it back," Peter quipped.

"Pete, don't," Jason pleaded as he handed the subpoena back. "We got what we needed."

Belle scribbled something on the front of each then produced a second set of papers from his pocket. Marking the same area on these he put all four pages on the table.

"Okay, here." He pointed to the documents. "I changed the date on the front of each of these. If you're willing to cooperate and work with me, we can do this easily."

"I said I would before," Jason snapped. "But I expected you would to check when I was free first."

"Sorry," Belle apologized. "We often deal with uncooperative witnesses where we have to play hardball."

Peter snorted drawing a look from Jason. Last thing he needed was for the detective to call the D.A. back and have the date changed again.

Detective Belle ignored Peter pointing to the document again. "If you would initial the change on both documents with your name on it. You can keep the one set and we'll keep the other."

Jason took the pen and did as asked. When he was done, he gave the pen to Peter who also initialed next to the new date.

"What happens when we go there?" Jason asked.

"Thought you knew your rights." Belle looked sorry the moment he finished. "Sorry, I shouldn't joke like that."

"We dealt with civil subpoenas, but I assume they're the same. Either you comply or you get a judge to quash the subpoena." Jason explained. "I know it's the same for criminal subpoenas, but that's about all I know.

"Fair enough." Dravek seemed eager to get back into the conversation. "Sorry I got upset with you."

"It's okay." Jason brushed off his annoyance hoping to get this over with.

Dravek nodded and pointed toward the subpoenas. "On Wednesday, you two need to come to the D.A.'s office. The address is on the subpoena. He'll want to speak to you first, go over what your testimony will be and what he's going to ask you in front of the Grand Jury. As Belle told you, the meeting with Deputy Pratner is optional, but it's really in everyone's interest if you talk to him first. He'll prepare you so you won't be so nervous in front of the grand jury. He can tell you what to expect and what your rights are before doing in the courtroom."

Jason turned to Peter. "I've no problem talking to him, do you?"

"Nope, I want to help him too."

"Good." Dravek nodded, looking a bit more relaxed. "Any other questions?"

"No, sir," Jason said as Peter shook his head.

"Do you need a ride to the D.A.'s office?" Belle asked.

"No sir, we'll drive ourselves if you don't mind." Peter said without a hint of humor. "You two put on a good act, pretending to be our friends, but push comes to shove and we're just another case. If we don't do what you need, you're prepared to put the screws to us. I would rather keep this an arms' length interaction from here on."

"Peter, that isn't true." Belle sounded a bit miffed. "We care about you and want to make sure the guys who did this answer for their crimes."

"You know, I'm the victim and Jason's my boyfriend. I guess I expected a bit more compassion and a lot less attitude." Jason didn't remember hearing an edge like this in Peter's voice before. "I've been through a lot, so has Jason. For you to threaten him with being arrested because he had a game the first day you suggested doesn't seem right to me."

"No, it wasn't." Dravek sounded contrite. "I'm sorry about that. As Joshua said, sometimes we forget not all witnesses are going to be difficult."

"Understood," Peter said coolly. "We'll see you on the twenty-fifth."

Turning to his partner, Belle gave a small chuckle. "I think we were just asked to leave."

"No," Peter shook his head. "If you have something else we need to discuss you don't need to leave."

"We wanted to check on how you're doing." Belle looked to Dravek before adding, "And to see if you would give us consent to get your medical records."

"My medical records?"

"We can subpoena them for the trial," Dravek explained. "But it is easier and quicker if you give us your consent. The D.A. needs the records at trial to establish the extent of your injuries."

"Oh." Peter nodded. "Who gets them besides the D.A.? Does Jordan get to see 'em?"

Belle nodded slowly. "Redacted copies are given to his attorney and the attorneys for the other five defendants. We take out all personal information, all tests done that are not related to the injuries sustained."

Jason didn't like the sound of that. "What does that mean?"

"Say for example," Dravek took up the conversation. "You had diabetes or cancer or some other preexisting condition. Those are the type of things that have no relation to the injuries you sustained in the attack. The hospital also might have run tests to check for things like Hepatitis or HIV. There again, the tests and their outcome are not something the defense attorney has a right to see."

"Will I get to see the redacted copies before they are sent out?" Peter suddenly sounded less comfortable with the request.

Dravek seemed to think about the request for a minute. "I'm not sure and I don't want to mislead you. You can ask Deputy Pratner, I don't know what his policy is regarding discovery."

Jason listened to the explanations wondering what else the defense would be given. It didn't seem right that the defense got to see Peter's personal records. They did this to him. It wasn't like Pete asked them to put him in the hospital, but because they did, now they get to see his medical charts?

Peter turned to him, interrupting his thoughts. "What do you think, Jason?"

"Sounds like the D.A. needs them, but I don't like the fact it's given out, redacted or not." Jason told him. "But if Jordan's lawyer is going to get them either way, we might as well help the D.A., they're on our side after all."

"He's right," Dravek said quickly. "Deputy Pratner can get them with a subpoena, but this is much easier. One more thing to consider; the defense has the right to subpoena your records if we don't turn them over and you can bet they will. If that happens, a judge has to notify you and you get the right to object. However, if the D.A. has consent to get the records, he can tell the court at the hearing next week that he will provide them to the defense. That way the judge knows not to sign a subpoena from the defense requesting your records."

"But if I get to object, isn't it better to prevent them from getting them at all?"

"Unfortunately, that's not how it works. They are entitled to get them. All you can object to is the parts that will be redacted. They get the rest whether you object or not." Dravek made a face. "And, sometimes the request is made and the notice to the victim never makes it in time for you to object. If that happens the defense could get your entire file, without the redaction."

"So that's another reason why I ought to cooperate; it can help preserve my privacy."

"Exactly," Dravek confirmed with a nod.

"That's fine, you have my permission to get my records." Peter didn't sound too enthusiastic in his agreement.

Belle laughed. "It's not that simple. You need to sign a release."

Peter rolled his eyes. "I'm going to go on a limb and guess you happen to have one with you."

"You would be correct." Dravek withdrew a piece of paper from his coat pocket. "If you read this, then sign by your name that's all we need."

Peter moved closer to Jason so they could read the paper together. Jason didn't see anything out of the ordinary. He nodded when Peter looked at him.

Scrawling his signature on the paper, Peter gave it back to Detective Dravek. "Anything else? We'd like to spend the rest of our free time doing something more fun that discussing my medical records."

"Nope that's all." Belle smiled at them. Folding the papers, he turned to Jason. "Listen I'm sorry about the subpoena thing. But we worked it out to your liking, right?"

"Yes, sir." Jason nodded. "It's all good now."

"Great." Belle shook their hands. "See you both the twenty-fifth."

Although the sun was shining, it was still a cool November day. Given what happened and the school's response, they were arguably the campus' most famous couple, gay or not. This didn't stop Jason from tensing up at Peter's first attempt to hold his hand as they walked across campus. He regretted his reaction immediately and squeezed Peter's hand.

"C'mon, Jase, it's not like everyone doesn't know by now we're a couple." Peter argued. "Do we really care if anyone sees us holding hands now?"

Jason laughed at the absurdity of his reluctance. "No, well, yes. I want them to see me holding your hand. That way they can be jealous."

Peter grinned, making Jason feel better. "Good boy."

Autumn had taken most of the leaves from the trees, but the few trees left with their foliage were a brilliant display of color. Peter stopped on the great lawn behind the main campus buildings.

"Let's sit here for a bit." He pulled a blanket from the backpack he carried.

Jason stared, mouth open. "How did I not know you had that?"

"You weren't in our room when I packed it." Peter grinned. "I need to work to find ways to be romantic if we're going to do things without spending money."

Smiling, the subject of money muted his happiness a touch. "This qualifies as romantic."

"I thought so." Peter sat in front of Jason, leaning back onto his chest. Slipping his hands around Peter's waist, Jason thought how perfect this felt. Just the two of them, made it feel like this was their own private place.

"It's so quiet today." Jason's voice broke the silence. "When I come this way most days, it's packed."

"How often are you up and about at 10:15 on a Friday morning when we have no class?"

Jason heard the amusement in Peter's voice. "Up or up and about?"

Peter squeezed Jason's hand. "Exactly. How would you know if it's crowded at this time of day?"

"Hey, I'm not that bad," Jason protested. "I'm not the stay in bed all day type either, you know."

"Just playing Jase, I have been there when you were up at dawn for soccer." Peter twisted so he could kiss Jason's cheek. "Better, but you need to relax more."

"I know Pete, I'm trying. Still a work in progress I'm afraid."

Peter kissed him again. "You're doing great, I'm proud of you."

Jason laughed. "When did you become mister out, loud, in your face, proud?"

"Since I met you. I need to make sure no one tries to take what's mine."

Pulling Peter closer Jason kissed him on the lips. "Sounds good to me, as long as they also know you're mine."

"That goes without saying." Peter leaned back, dragging Jason down onto the blanket with him. "How cool is the sky when there are no clouds to mess up the blue?"

"Personally, I think the clouds are cool," Jason mused. "Well, at least when there are just some mixed in with the blue. A completely cloudy day sucks, especially when it rains and we have a game."

Peter rolled on his side to look at Jason. "Except when you get all muddy, it gives me an excuse to toss you in the shower and wash you myself."

Rolling his eyes, Jason laughed. "Like you really need an excuse for that?"

"I do if I don't want to sound like a sex addict."

Leaning down, he kissed Jason again, this time for more than a passing moment. Jason stiffened at first, but then told himself to relax and go with it. Peter wasn't going to undress him on the lawn. Once he relaxed, he found he really enjoyed the experience.

"Nice," He said when Peter sat back up.

"Yeah, it was." Peter smiled in a way that made Jason want to grab him and hold on tight. "But I can't keep doing that or we might get arrested for having wild crazy sex on the lawn at 10:30 in the morning."

Their quiet morning was soon disrupted by friends who spotted them. Jason wondered why people thought that sitting on a blanket in the middle of lawn alone was an invitation to come by and chat. He soon gave up dropping hints they wanted to spend the time alone.

Peter leaned over to kiss his ear. "We'll have time alone later."

"I know. But I'm being greedy." He whispered back before kissing Peter's neck.

For a time they were at the center of a growing group of people. Despite his disappointment, Jason tried to be civil since many of the people who stopped just wanted to say hello and see how Peter was feeling. Between telling him they were glad he was better, asking how he was doing or what was left, Jason barely said anything unless a question was directed to him.

"Well, we need to get going." Peter stood up after a while. "We want to eat before Jason has to go to soccer practice."

He and Jason started to fold up the blanket as people started to drift away. Amid the well wishes of their friends, they slowly packed up their stuff.

"So what shall I make for lunch?" Peter asked.

"Actually, I have plans for our lunch." Jason told him. "I thought we could go to Annette's restaurant."

Peter squeezed his lips tight, telling Jason his suggestion was not well received.

"Pete, I had planned to take you there last night as sort of a welcome home meal. But you were so sweet to make us dinner, I figured I would do it for lunch today. Besides this way we don't have to go back to the apartment, we can stay around here until I have to go."

"I know, but we both know I can't afford to take us out for a while." Peter was still frowning, but seemed less tense.

"One time," Jason said. "It was supposed to be our celebration of you coming home. I won't suggest we do it again."

Peter finally smiled. "Okay, since you had this all planned out, I don't want to spoil it for you."

Jason grabbed his hand. "Great. Did you want to drive or can we walk?"

"Let's walk. We might not have many days this nice for a while."

Less than ten chapters to go, anyone wishing to weigh in should go to the forum topic and let me know the good the bad and the whatever.
Copyright © 2011 Andrew Q Gordon; All Rights Reserved.
If you enjoyed what you have read, please leave a reaction and/or comment for the author!

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Chapter Comments

:) the picnic was lovely! :) oh and 'Trophy Husband' --- :lmao: The have a important Thanksgiving ahead! :) also a tough Christmas! :)
  • Like 1
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On 02/17/2011 10:33 AM, TrevorTime said:
As I am a huge fan of Law & Order, I loved the legal back and forth stuff. Jason is no pushover, that's for sure.
You do realize they are going to see the D.A. and that will be covered in the next chapter - right? Just don't . . . nevermind :P
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On 02/17/2011 12:17 PM, Frostina said:
:) the picnic was lovely! :) oh and 'Trophy Husband' --- :lmao: The have a important Thanksgiving ahead! :) also a tough Christmas! :)
Tough Christmas?? Really? As for thanksgiving, well just wait. 0:)
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This was a beautiful, sweet chapte, a calm place in the turmoil of the story. Okay, the DA hey. Ooookay. I think I can guess what's coming up and I really hope that it doesn't. But it's you writing this so.... :)

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On 02/17/2011 06:54 PM, Nephylim said:
This was a beautiful, sweet chapte, a calm place in the turmoil of the story. Okay, the DA hey. Ooookay. I think I can guess what's coming up and I really hope that it doesn't. But it's you writing this so.... :)
Haha, well if you know what's gonna happen, can you write it for me? I'm sorta stumped :P That would be a cool feature, someone starts a story and the site as a whole can finish it :)
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B)........... Looking forward to the visit with the DA and the Grand Jury, so that I get this straight, because Peter gave permission for release of his medical records the Prosecutor will only request the ones related to his injuries and no other vital information can be given out to Jordan's attorneys? Never knew that, I always thought that the defense could subpoena almost anything. Great chapter, loved the last scene at the college!
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On 02/18/2011 08:47 AM, Benji said:
B)........... Looking forward to the visit with the DA and the Grand Jury, so that I get this straight, because Peter gave permission for release of his medical records the Prosecutor will only request the ones related to his injuries and no other vital information can be given out to Jordan's attorneys? Never knew that, I always thought that the defense could subpoena almost anything. Great chapter, loved the last scene at the college!
Medical Records are covered by HIPPA regulations. The exception is that those records covering injuries sustained in a crime are discoverable, but only with court permission. The court is supposed to afford victims the right to object although the objections are limited to those areas that do not relate to the injuries from the crime. To avoid the issue, we usually get the records, redact out what is not discoverable and that's the end. If the defense requests, the court will look at the redacted information and determine if it should be turned over, but I haven't seen the court turn over stuff that is legitimately redacted. See work actually has some benefits other than a pay check now and then :P. Thanks for reading and commenting. Benji
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On 02/18/2011 12:08 PM, Tiger said:
I'm looking forward to the court battle. Business is about to pick up. :2thumbs:
Well the Court Battle i.e. the trial of Jordan Colmar - will not be part of this story. It will be handled as part of a short story to follow the conclusion of this. Figured it would be neater to end this first that way, even if the two don't make it as a couple, I can still handle the trial. Next chapter the boys will meet with the DA and testify before the Grand Jury. Thanks for the read and the comments Tim :)
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Subpoenas?!?! Well I'm just gonna skip this chapter- JK :P Thanks for this insite to the law that a lot of us will hopefully never see. Another great chapter Andy!

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On 06/30/2011 07:11 AM, K.C. said:
Subpoenas?!?! Well I'm just gonna skip this chapter- JK :P Thanks for this insite to the law that a lot of us will hopefully never see. Another great chapter Andy!
Well I had to toss in a few bits of work, since this had an element of my work. Glad you didn't skip it.
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Honey definitely gets more than vinegar ever thought about. Just saying. LOL!!! 

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20 hours ago, Chris L said:

Honey definitely gets more than vinegar ever thought about. Just saying. LOL!!! 

And it's much stickier too. Perfect for needing to hit the shower. Not that one needs an excuse of course. 😇

Edited by Andrew Q Gordon
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