12 Hours - 5. Chapter 5

“Of course, it’s harassment,” Gene insisted.

“Unfortunately, especially in this case, that can’t be proved,” Ben Carleson pointed out. “They’re not even mentioning the bar.”

Gene and Ben were having lunch in a Studio City deli, not far from where Ben rented a small office – desk space really – in a firm that needed all the financial help it could get. But so did Ben. He was only a year out of UCLA Law School and had more recently passed the difficult California bar exam.

“What else would it be, except that?” Gene went on. “The cops were waiting... parked... outside a gay bar. Illegally cruising us as much as it’s against the law for us to cruise each other.”

“Again, that can’t proved.”

Gene sighed, sipped his coffee, and then lit a cigarette. “Well, what do we do next? I’m not gonna let this drop.”

“I never suggested that,” Ben said, grinning and trying to lighten his friend’s mood. “And not ‘cause I’m gonna make any money here.”

Gene absorbed that, then also grinned. “That’s the one good thing to come out of this – you’re reminded who your friends are.”

“I suspect you already knew that,” Ben joked. “You’ve always been good with guys.”

“I’m good with people,” Gene countered.

“Yeah... But I mainly see you with men.”

They didn’t see each other a lot, outside the occasional legal work Gene seemed almost to invent to push some work Ben’s way. Gene was eight years older, so better established. Ben was still living in a small, shared, shabby apartment in Sherman Oaks, a half dozen miles up the 405 Freeway from UCLA. Every time he came home, he looked around his cramped bedroom and thought, “You know, even my desk is bigger than this.” And his desk was WW II vintage, probably rescued from some Hollywood prop house bargain sale.

Ben knew he could do better, at least financially, working back East as a serf in some big New York firm, and he’d get there soon enough. Meanwhile, he thought of this as his gap year – or couple of years. He’d taken the California bar to prep himself for the as tricky New York one. And he liked being able to play golf everyday. And look at guys running naked on the beach

“Anyway, what’s next?” Gene went on, glancing at his watch. He didn’t have fixed hours at work, but he needed to be back at some point in the afternoon. And since his office moved, now almost a year ago, it was a twenty-minute drive.

“It depends on how much you want to risk,” Ben told him.

“In terms of?”

“Money, mostly... though some emotionally. Physically, you couldn’t be more exposed than you were in jail.”

“More like naked.” Gene could almost smile about it now. “I was dressed for a pool party.”

“So you said. But you still went into the Hayloft.”

“It was a whim... I was driving by. And I was in the mood... After watching guys in the pool all day.”

“When are you not ‘in the mood?’”

“About as often as you’re not.”

And they both laughed.

“It’ll kill us both.”

But so far, they’d been careful – at a time when even being in a bar meant risking your life.

“Well, it’s not like I have a lot of money,” Gene went on. “But I don’t have a lot of expenses besides the house. And if I can rent one room, I can rent two... I don’t need a home office anyway.”

“You could rent the space to me, but then I’d never get any work done. And this is better located.”

Gene said nothing to that. He was waiting for Ben’s answer.

“Well, I never expected the claim against the city to go through,” Ben began. “That would’ve been too easy. And I warned you that when we filed.”

Gene nodded.

“But it was the logical first step. And if the city had somehow gone for that, it would’ve cost you less. You would’ve made your point for far less money. That’s why I kept the amount we were asking so low. I figured you had a better chance of winning on simply false arrest... and trying to stop that from happening again... than if it looked like we were gouging them for cash.”

Gene again nodded.

“But it also set up our second step... the next logical thing to do.”

“Sue the city?”

Ben nodded.

“For how much?” After Ben told him, Gene said, “That’s about a year’s payment on the house.”

“So you’d have a nineteen-year mortgage. But even if we win, we’re not gonna see any of it. It’ll just about cover our expenses.”

“You think we have a chance?”

“I think we have a better one. The only reason we’re asking for any money is to cover court costs.”

“That’s not an answer.”

“I think you’ll hate yourself if you don’t try... we’ll hate ourselves.”

“That’s still not an answer.”

“Then you already know what I’m not saying.”

Gene thought about that. “Is this just vanity?” he asked.

“Hardly. It’s the right choice at a good time. We have more credibility to the public right now than ever before... simply because some of us are dying. We’re not just a bunch of idiot boys humping each other in back rooms in the dark.”

Gene nodded but also sighed.

“It’s not gonna take back the twelve hours you spent in jail,” Ben went on, again, trying to keep Gene light. “But it might help someone else.”

“Like Shaun?”

“Shaun got out of this all right. He could’ve been in far worse trouble if he’d been a few days younger.”

Gene smiled again. “He was still celebrating his eighteenth birthday.”

“Well, it would’ve helped if he had a driver’s license... not just a permit.”

“Can’t be fixed now.”

“Or even mentioned to you.”

“I’m not sure I would’ve listened. And I’m not sure he understood all the rules. I’ve looked over the manual two-or-three times, and I’m still not sure how he fits in.”

“That’s why the judge set him free... along with you... Plus for any number of reasons. And if you didn’t understand the manual, there’s little chance he would.”

“He is kind of the poster boy for Twink.”

They both laughed.

“And he looks fourteen,” Ben pointed out. “It’s gonna be tough putting him on the stand.”

“But he looks great on a bar stool.”

“I’m amazed they served him.”

“He had an ID... a real one.”

“And I’ll bet he’s had a fake one since he was twelve.”

“I’d never seen him before.”

“Either have I. But I don’t go to the Hayloft a lot.”

“You should dance more.”

“I don’t have your moves... or the interest. And let’s get back to money.”

Gene considered.

“Yeah... well... whatever it takes... I’ll front it. I know you’re keeping this as cheap as you can. But I know there are legal fees.”

“And court costs if we lose... we won’t be covered.”

“It’s okay. Just so some kid like Shaun doesn’t end up face down in a cell again.”

“That’s nice of you.”

“It’s the way I was raised.” Gene shrugged. “And... as you said... ‘It’s the right time.’”

Ben considered. “Okay, then. But don’t get overly optimistic.”

“Just putting that cop on the stand might be enough... putting him on warning. Maybe he’ll lose his job.”

“I doubt that.”

“Why?”

“Because in almost every way, he was doing his job.”

“Till he went too far.”

“I can’t deny that.”

“Which I didn’t help,” Gene admitted, seeming embarrassed.

Ben shrugged that off. “It’s us mouthy New Yorkers. We’re raised to shout first and sometimes consider later.”

“Maybe,” Gene allowed.

He and Ben hadn’t known each other growing up – but not because of the difference in their ages. Ben was raised in wealthier Cedarhurst, while Gene was fighting in scrappier St. Albans.

“And that cop was still out of line,” Gene went on. “No matter what I said.”

“We both know that... but the judge looked past that in our claim. And a jury may be harder to convince. Especially a jury of housewives, which is what we’re likely to get. They love their boys in blue.”

“So do I... normally.”

And they laughed.

“Can we move the trial?” Gene asked.

“If it ever comes to a trial,” Ben said, easing him back. “Maybe this time, they’ll settle.”

“When they see we’re serious?”

“When they see we have the resources to go on.”

“Wouldn’t we be better in West Hollywood?”

“Where the boys in blue are hometown heroes?”

They laughed again.

“But could we move it there?”

“That would be nice, but no... it’s outside the city. The best we could hope for is downtown.”

“What about Silverlake?”

“What about any place with gay men? Or lesbians?” Ben countered. “You can’t ask them if they’re gay when you’re picking a jury... they might not even admit it. You weren’t out in your office.”

“But everyone knew. Kind of.”

“And that’s where it sits... on that kind of subtle harassment. To us, the case is absolutely about it. But the city is looking at an underage driver... driving badly after having at least one drink. Plus a clearly drunk and disorderly passenger. And that might be the way even a jury of twelve cocksuckers sees it.”

Gene frowned. “That’s sobering.”

Ben laughed. “That’s the one thing you weren’t.”

Gene protested. “We’ll never really know. They wouldn’t test me.”

“You weren’t legally drunk,” Ben assured him. “Six drinks... in almost a dozen hours... and the last two light beers... And the early ones were party drinks... probably cheap booze and plenty of ice.”

“No. This was a class party... the old Disney estate.”

“That doesn’t mean anything to me.”

“And I kept eating in between.”

“I’ll believe that.”

Gene shrugged. “I run it off... And it was good barbecue. I’m a sucker for that.”

“And the Texas Two-Step.”

“Unrelated.”

And they laughed.

“But you’ll go on with this? I have your support?” Ben started to finish up. Their waitress had dropped their check on the table a half hour earlier, and they’d overstayed their food. Even Gene was out of coffee.

“I’m with you on this,” Gene assured him. “No matter what it takes.”

“Even though it means bringing it all up again? You’ll be naked again... this time on the stand.”

“I’m ready... I’m better ready... it won’t be a surprise this time... And if they’re keeping harassment out of it... at least, they can’t go after my sex life.”

“Nope. Nothing to be gained.”

“Good thing... because sometimes, it’s indefensible.”

“Only sometimes?” Ben was smiling.

“Oh, hell, Ben. The kid was cute.”

“Still,” Ben went on, “if I’m gonna put you on the stand... and I’ve got to... you have to pull back that East Coast self-righteousness... the reflex aggression... It doesn’t sit well out here. People are lower key. The New York cops would’ve known just how to handle it. They would’ve argued right back. But cops here tend to follow the book first and justify it later... if at all. And the courts feel the same way.”

Gene hesitated. “I’ll try.”

“It’s got to be more than try... you’ve got to swear... Otherwise, we’re lost from the beginning. You can’t even get testy on the stand... it’s got to be all charm... And I know you have that in you... I’ve seen it... it’s basic to how we grew up. As it is, it’s gonna be tough. You saw that from our rejected claim.”

Gene thought again. “I can do this,” he insisted. “I spent five years keeping my mouth shut in the Navy... well, fairly shut,” he added, smirking. “I can go back to that.”

“Good,” Ben said. “Aye, aye.” And he sharply saluted. Though he’d never been in the service.