Date: Fri, 10 Aug 2012 11:33:13 +0000
From: David Lee <dlee169@hotmail.com>
Subject: Tommy and Tanner 78

Tommy and Tanner
Chapter 78

Warning:

This story contains scenes of love and sexual interaction between males of
similar age.  If the reading or possessing this material is illegal in your
country, state, province, county, municipality, etc., please leave this
site immediately and do not proceed further.  If you are under the legal
age to read this, please do not do so.  It is not my intention to offend
anyone or to get you in trouble.

The author retains the copyright, and any other rights, to this original
story.  You may not publish it or any part of it without explicit
authorization from me.

This is not my first attempt at writing fiction.  My longer stories on
Nifty include: "Always and Forever" (March 25, 2004), "Jacob and Jacques"
(May 30, 2004), "Zeke" (August 29, 2005), "Tales from Bentonville"
(November 16, 2008), and "Second Chance" (September 24, 2010) under "High
School" and "Someone to Watch over Me" under "Beginnings" in the gay male
section.  There are a few short stories also: "Brad and Alan's Canoe Trip"
(April 22, 2004 under "Camping", "Of Angels and Dragons" (November 8, 2008)
under "Camping", "A Christmas Tale" (December 22, 2009) under "High
School", "Brazil Affair" (October 1, 2010) under "Beginnings," "Seth's
Gift" (October 10, 2010) under the Science Fiction/Fantasy category, and "A
Technological Christmas" (December 23, 2011) under "Beginnings."

I am listed on Nifty under the category of "Prolific Net Authors" which
will make it easier for you to access earlier stories.  Some of these
stories are also posted at: www.storylover.us along with those of other
writers that may interest you.

My only reward for contributing to Nifty is your emails.  Please write if
you like the story.  Please include the name of the story in the title of
your email because my email service sometimes puts them in the "spam" file.

Thanks and hugs to Tom and David (boxerdude) who edit for me so that there
are fewer mistakes!  They not only proof-read, but make other valuable
suggestions.

Finally, David has a new site that is hosting a number of authors.  It's
at: www.saberpeak.com.  My first story, "Always and Forever," is posted
there.

David
(dlee169@hotmail.com)

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Tommy and Tanner,
Chapter 78

Quentin's trial before a judge was held more quickly than many.  Despite
the seriousness of bringing a gun to school, the DA was charging him as a
juvenile instead of an adult.  It would give the boy a better chance at
rehabilitation, and wasn't that the point of it all in the long run?

The boy entered Judge Lawrence's courtroom in his orange jumpsuit, looking
a bit worse for wear.  He had several bruises on his face and arms, but
seemed to be in good spirits.

Susan and several Coolidge students were present to give their testimonies
as to what had transpired on that fateful day.

Officers Quinn and Banes were there too.  When Banes found out that the DA
had been persuaded to treat the matter in juvenile court, he was furious.
Instead of simply answering the questions, he chose to speak his mind when
it was his turn to testify.

"This young hooligan brought a loaded gun to school and threatened the
lives of other students.  He should be tried as an adult and put away in
prison for a very long time!"

"Order!" Judge Lawrence declared, pounding his gavel.  "You will please
refrain from schooling the District Attorney and this court on how to
implement our job!  Now, please answer the questions and don't interject
your personal philosophy."

Banes started to open his mouth, but evidently thought better of it.  He'd
had run-ins with this judge in the past and had always come out on the
losing end.

During the time of the ruckus, Dr. Moore slipped a note to Quentin's
lawyer.  When he got up to cross examine Officer Banes, his first question
was one that Susan had suggested.

"Officer Banes, please tell me about the weapon Quentin was carrying.  Was
it fully loaded or were some of the chambers empty?"

"It was fully loaded.  I checked it before locking it in the trunk of the
squad car."

"Was this gun ever out of your possession from the time you confiscated it
to the time it was locked up in the property room?"

"Never!  Are you accusing me of being careless with the evidence?"

"Not so much careless, as overzealous.

"Objection, Your Honor.  The officer is not the one on trial."

"Sustained.  What is your point, counselor?  Is this leading somewhere or
are you grandstanding?"

"It is, Your Honor.  Please bear with me for a few more minutes because I
have a valid point."

"You may proceed, but I warn you not to waste the court's time."

"You are under oath, Officer Banes.  Are you sure you don't want to modify
your statement in any way."

"Absolutely!  What are you trying to imply?"

"I'm not implying.  I'm going to say it straight out.  You have just
perjured yourself.  That gun wasn't loaded, nor was it operable and the
defendant knew it going in.  He was attempting to get killed by someone
like you who would shoot first and ask questions later!"

"Objection; badgering the witness!"

"Objection sustained.  You'd better be able to back up your accusation or
you will find yourself in contempt of court, counselor."

"I can do that by putting Dr. Moore and several students on the stand."

"Very well, bailiff, please swear in Dr. Moore."

"Dr. Moore, do you have more than a passing knowledge of how firearms
operate?"

"Yes, I do.  I was in the National Guard in high school and through my
college years and I've kept up my skills at the firing range."

"Then you would know a broken firing pin if you saw one?"

"Of course.  I'd also know an unloaded gun."

"Please continue."

"After Tucker Torrance kicked the gun out of Quentin's hand, Barry Boswell
picked it up.  Eventually, he handed it to me.  Since any fingerprints on
the weapon had been smudged by then, I decided to unload it for the safety
of my students.  Much to my surprise, and relief, I found it to be empty.
I also noticed that the firing pin was broken."

"So your conclusion is?"

"If it showed up loaded in the property room, someone had to have put
bullets into it after it left my sight."

"Thank you, Dr.  Moore."

"Would the prosecution like to cross examine?"

"No, Your Honor."

One by one, students were sworn in and each backed Dr. Moore's story, some
adding more details.  When it was Barry's turn, he asked if he could
address the court, and the judge gave him permission.

"I feel partially responsible for what happened.  I'm probably the one who
tormented Quentin the most.  I hope there's a way to keep him from having
his life ruined."

"You realize that your admission could lead to punishment for you as well."
Judge Lawrence warned.

"Yes, Sir.  I have to be honest.  Since the incident, I've gotten serious
about meditation, and I know what I did was wrong and I need to rectify it
as best I can."

"Well, in view of this turn of events, I'm tempted to call a mistrial.
Counselors, we need to have a conference in my chambers to discuss our
options.

This court is adjourned until 1:30."

"All rise," the bailiff intoned as the judge and lawyers left the room.

"Do you boys all have lunch money and transportation to go out and eat,"
Dr. Moore asked.

"Yup, I'm covered," Tuck said and the others nodded.  "There's a good place
within walking distance."

"Then I'll see you back here when court reconvenes.  Please be on time."

"Yes Ma'am," Barry smiled.

"Barry, I'm not trying to embarrass you in front of your peers like I did
in the assembly, but I'm very proud of you for what you did today.  I see
evidence of a change of heart."

"Yes Ma'am," Barry said biting his lower lip to keep from giving in to his
emotions.  "I originally thought of Officer Banes as being the kind of man
I'd like to become because he's tough.  Then he lied under oath!  I can see
that he's the kind of bully I was becoming; only it's worse because he has
a badge."

"You are turning into a wise young man, Mr. Boswell.  Your restore my faith
in humankind."

-----------

The boys left, going in a couple of directions, but Susan Moore sat outside
of the judge's chambers until the attorneys and he came out.

"We're going to discuss the semantics of this case further over lunch.
Would you care to join us, Susan?"

"I'd be pleased to because I'd like to have some input if I may."

"Somehow I thought you might," the judge grinned.



----------

Over lunch, the four of them continued to debate Quentin's fate.  As might
be expected, Susan Moore had a soft spot in her heart for the boy whom she
felt had been driven into taking drastic actions.

"I don't want to see Quentin in a place where he'll suffer more than he has
already," she said.  "Is there any chance he won't end up in juvenile
detention?  Surely you saw the bruises on him.  Being incarcerated with a
bunch of tough punks can only lead him to worse things."

"He told me an older boy tried to force him to do something nasty, but he
fought him off," the defense lawyer told them.  "The staff is keeping watch
as best they can, but there isn't any way to isolate him.  I think he
actually feels better about himself than he did, because he's kind of
established that he can defend himself.  The other boy looks worse."

"As of now, I am going to declare a mistrial." Judge Lawrence announced.
"Given Officer Bane's misconduct, there isn't much option.  I hope we can
come up with a solution the will allow justice to be served for all
involved without having another trial.  Everyone will have access to the
records in another hour, so I don't feel I need to withhold the information
from the three of you.  I would appreciate your discretion in not
disclosing how frank we've been here."

All nodded their agreement.

"What will happen to Dick Banes?" Susan asked.

"He will be charged with perjury and possibly with evidence-tampering in an
attempt to railroad the defendant into a stiffer sentence.  We may not be
able to make the tampering charge stick since we can't prove he actually
put bullets in the gun, but he did lie about it.  I'm so angry with that
kind of behavior that I could scream!  It casts a pall on all law
enforcement!  I will have to recuse myself if his trial comes up under my
jurisdiction because I'm not sure I could judge impartially."

"But more importantly, what will Quentin's fate be?" Susan continued.

"Since the state is willing to reduce the charge to that of bringing an
unloaded weapon onto school property, I can therefore reduce his sentence
dramatically," the judge answered.  "Where he'll end up after that is
anyone's guess.  No doubt he'll have to go into a group home or some sort
of foster care.  His mother's not fit to raise him and his grandmother is
too feeble.  In view of his infraction, most foster families wouldn't touch
him with a ten-foot pole."

"Could I take him?" Susan asked, holding her breath for the answer.

"That's a burdensome responsibility above and beyond what any school
administrator should be asked to take on," the judge said.

"I know, but could I?"

"Are you licensed to be a foster parent?"

"No, but I've looked into it and could easily meet the qualifications.
It's mostly a matter of formality."

"But, you can't be sure of what you'd be getting into.  What if he turns
out to be a bad seed?"

"Life holds no guarantees, but I'd like to give him a chance.  Having
observed him in my role as principal, I know he's not a bad boy at heart.
You heard Barry admit to pushing him over the edge.  Quentin never meant to
harm anyone; he just wanted the bullying to stop and he didn't know how
else to do it.  He was, by his own admission, hoping an officer would kill
him."

"Okay, if you took him, it could be a solution, but I'm sure there'd be a
stink if you tried to put him back in your school."

"I've been thinking about that too.  He's a bright boy and he's always made
good grades until this fall.  I have connections at a private academy where
I could enroll him for the time being.  Perhaps next year with a name
change and a record of good behavior, the board might grant a request to
have him back at Coolidge, or maybe I'd keep him in private school if he
liked it.  I want him to thrive."

"You're going to be spending an awful lot of money on the boy."

"I know, but how do you put a price on a life?" Susan asked.

----------

When court reconvened after lunch, Judge Lawrence declared a mistrial, but
added that a plea agreement had been reached.  Sentencing would be
pronounced in two week's time.  In the interim, the defendant would be
under house arrest at the residence of Dr. Susan Moore, wearing an ankle
bracelet 24/7.  He would be allowed some flexibility in his movements,
provided arrangements were made in advance.

Before the last echo of the gavel had faded, Quentin walked over to where
Susan was standing and fell on his knees before her.

"Thank you," he said in a barely audible voice.  "You don't know what this
means to me.  I don't know how I'll ever repay you."

"If you turn out to be the young man I know you can be, that will be
payment enough," Susan said softly, helping him to his feet.  "You deserve
a second chance."

----------

Shortly after being rejected from martial arts training at the Shogun,
Barry had tried to get into meditation using the disk Mr. Hiroshige had
given him.  Without any support from friends or family, he had soon lost
interest and gone back to his old habits.  He had decided he didn't need
kempo to be tough; there were plenty of kids who were afraid of him already
and he figured the Torrance boys and their friends wouldn't be likely to
pick a fight with him anyway.

However, the incident in the cafeteria a few weeks ago, and its aftermath,
had shaken Barry to the very core of his being.  The wounded look in
Quentin's eyes had haunted his dreams and made him serious about changing
his life because he knew in his heart that he'd been a large part of what
drove the boy to react as he had.

The clincher came when Officer Banes had tried to set Quentin up by lying
about the unloaded gun, Barry realized how easily he could grow up to be
like that man.  Initially, he'd admired Banes for being a tough cop, but he
began to realize that the man was simply a bully with a badge, as he'd said
to Dr. Moore.  Barry became aware that he didn't want to end up like Banes.
He wanted his life to count in a positive way.

Barry's quest to become a new person led him to talk to Tommy and Tanner.
He was waiting for them in the locker room after practice on a Friday.
They were the last out of the pool because Andy had hurried to go home with
Devin for a bit of quality time before dinner.

Tanner frowned when he saw Barry, wondering if the boy was there to cause
trouble.  While Barry had shown signs of changing, it could have been a
ploy to keep off of Dr. Moore's shit list.  He thought it would be
foolhardy for Barry to attempt something with both of them at once, but he
remained on guard.

"What do you want?" he said in a rather flat tone.

"I've come to talk to you guys about what I should do.  I've been a real
asshole and I want to change.  First I wanna to say I'm sorry about
challenging you last winter at the Shogun.  I was acting like a bully and I
wanted to show you up.  Instead, you took care of me in a flash.  I was
embarrassed and I'm sure my dad was.  He sent me for boxing lessons after I
couldn't take kempo.  But I still felt like shit, and I treated Quentin and
some other boys like shit too.  Can you help me?"

"Are you serious, or is this a trick to stay on the principal's good side?"
Tommy asked.

By now, he and Tanner were naked and heading for the showers.  He noticed
that Barry wasn't missing the opportunity to check them out.

"I'm dead serious," Barry insisted as he followed them into the big open
shower room.  "Please forgive me and please help me."

----------

Barry was completely taken aback when his cell rang on Saturday morning a
week later and the number displayed was that of Mr. Hiroshige's studio.

"Hello."

"Master Barry?"

"Yes.

"Would you honor me with your presence for tea at studio this afternoon or
soon at your convenience?  I want to talk of training if you still have
interest."

"Of course!  I'm free today; when should I be there."

"Three o'clock is best for me.  Thank you for accepting humble invitation
on short notice."

"Thank you!"

Like a kindergartner on the first day of school, Barry was filled with
anticipation and a bit of apprehension.  He hoped Mr.  Hiroshige would be
able to sense the change in him, but he was also afraid that he might not.
He knew inside how awful he had been!

When he told his father about the call, his father scoffed.

"The old fart's probably going to hold us up for extra money by having you
take some meditation shit or whatever.  I say fuck him!  He had his chance.
I'm not gonna spend the money to send you there."

"I'll pay for it on my own then," Barry insisted.

"What the hell do you need it for?  You have everyone's respect as it is.
You can beat the shit out of anyone in your school."

"Not everyone, and what I have from the rest is their fear; I'll have to
earn their respect.  I don't want to end up being a bully like that
policeman."

"Whatever.  I still say it's a waste of money, but as long as it's not my
money you can do as you please."

----------

Ken Hiroshige met Barry at the entrance and offered his fist to dap.  Barry
broke into a broad grin as he participated in the ritual.

"I'm not of the older generation," Ken smiled back.  "However, it would be
best to bow to my father and remove your shoes as signs of respect, it will
please him."

"Cool!  Thanks for the tip."

Barry bowed upon entering Mr. Hiroshige's private office in his stocking
feet and received a bow in return.  Then he was ushered into a pleasant
room that made him feel like he'd been magically transported to Japan.

They sat on pillows on the floor while his host prepared the tea over a
small hibachi and poured it into small handleless cups which Barry knew,
from checking the web, held three and a half swallows of the beverage.

Barry carefully observed everything Mr. Hiroshige did in drinking the tea
and tried to imitate it as best he could.  He always waited until his host
had taken a swallow and then tried to drink the same amount.

While having their tea, Mr. Hiroshige spoke of many things.  Barry noticed
that the man's English was perfect and fluent.  He wondered about it, but
was hesitant to draw attention.

"I see by your quizzical smile that you have come to know the real me,"
Mr. Hiroshige grinned.  "Sometimes when getting into stories of the past, I
lapse into my native tongue, which is English.  Ken chides me about the
old-world persona I've developed, but it's good for business.  The tea
ceremony, however, isn't an affectation.  I truly find comfort in the old
rites.  I'm impressed that you participated so proficiently."

"I cheated," Barry admitted.  "I read up about it on the Internet and I
followed what you did."

"That isn't cheating; that's being prepared.  I am impressed as I was when
I heard your testimony in court."

"You were there?"

"Yes.  In a business suit, and without my accent, I blend in well.  I
originally went because I felt sorry for the boy who had committed the
crime, but I think I was led there to witness the change in your heart.
Will you accept my invitation to join our program?  If so, you must promise
not to tell anyone what you've discovered about me."

"You really want me?" Barry exclaimed.

"Yes.  The good in your heart has won out over the bad."

"Can I pay by the week?" Barry asked, hopefully.  "My dad won't give me the
money and I'll have to scrape it up, but I really want to be here.

"You may after the first month.  That has been paid for already."

"But how?  Who?"

"That is to remain a secret.  Let me say that there are those who feel
you've have earned it."

Barry's emotions were so mercurial that he was on the verge of tears when
he left the office, but he exercised self-discipline and bowed stoically.
That was when Kazuo Hiroshige broke with tradition and hugged the boy.

No longer being able to hold in his feelings, Barry wept openly.

"I'm sorry," he sobbed.  "I'm not very disciplined.  I shouldn't cry!"

"It is okay.  You will learn appropriate discipline, but a wise man named
Albert Smith once said, `Tears are the safety valve of the heart when too
much pressure is laid upon it.'* And I agree with him even though this sage
did not come from my cultural heritage.  Emotions are natural; they're part
of what makes us human.  There is a time to laugh and a time to weep, as
the Good Book tells us."

Barry was smiling as he dried his eyes with a tissue provided by his host.

"I told Ken he was cool, but you're even cooler."

"Please tell no one, Master Barry.  You not destroy inscrutable façade!"

"Yes, Sir, Mr.  Hiroshige; Barry tell no one!" he grinned, bowing as he
backed out of the door carrying his shoes.

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*Thanks to reader, Paul R, for sending me the quote used above.

Thanks to all who emailed this past week: Rich S, Rutabaga, Jim W, Bob,
Walter Sz, Jim C, Bill T, Tony W, Roger P, Walt S, Jim M, Wayne, Edward D,
Roger L, Trish R, Paul R, Ott H, Harry T, and Tom A.  I do appreciate your
encouragement.

I think I have the hang of doing a group email under the new system.  It's
actually easier than before, but I didn't understand the mechanics of it!

David