Date: Thu, 8 Apr 2004 21:10:36 EDT
From: Bwstories8@aol.com
Subject: The Castaway Hotel - Book 7, chapter 10

Legal Notice:
The following story contains descriptions of graphic sexual acts.
The story is a work of fiction and has no basis in reality.

Don't read this story if:
**You're not 18 or over,
**If it is illegal to read this type of material where you live,
**Or if you don't want to read about gay/bi people in love or having sex.

The author retains copyright to this story.  Placing this story on a
website or reproducing this story for distribution without the author's
permission is a violation of that copyright.  Legal action will be taken
against violators.

I wish to extend my thank you to Emoe57 for his editorial assistance with
this chapter, and Art, the real Vinnie and John for their additional input
on each chapter.

E-mail responses to the stories, story suggestions, or other 'constructive'
comments or advice may be sent to: bwstories8@aol.com.

               *    *     *     *     *     *     *     *

Although the boys in these stories have unprotected sex, I strongly urge
all of you out there to be smart and protect yourselves from various
sexually transmitted diseases by using condoms when having intercourse.

               *    *     *     *     *     *     *     *

The Castaway Hotel-Book 7-by BW (Young-Friends).  Copyright 2003 by billwstories
Chapter 10 - The trial begins.                    December 2003

That morning, everyone dragged down to breakfast very tense and
apprehensive about what the day might bring.  I tried to get everyone to
eat a decent meal before they left, but most of them just couldn't eat that
much, and the four accused boys just picked at the plates I sat in front of
them.  As much as it bothered me to see them all that way, I could only
pray that this would soon be behind us, and the boys would be able to go on
with their lives.

Brandon's parents were there too and they both looked tense and extremely
worried.  Even though Jake and I tried hard to keep our concerns from
showing, the O'Haras were both more transparent with their feelings.  I
hoped the boys wouldn't notice how they were reacting, as I didn't want
them to be any more anxious than they already were, but I wasn't about to
say anything to the O'Haras, because I didn't want to stress them out any
more either.  Fortunately, that didn't seem to happen, and now we were
heading off to the courthouse.

Mr. Gouldin, our attorney, met us outside the courtroom and told us that
opening remarks would be given first, and then the prosecution would start
calling witnesses.  He told us to be prepared to hear a great deal of the
information about the past relationship between the boys and David Hubbard,
even slanted versions of what happened, and we told him we understood.

We all went in and were seated, the accused boys at the defense table with
Mr. Gouldin, and the rest of us sitting in seats behind them, separated by
a wooden railing.  There were others in the courtroom as well, including
Mr. Hubbard, David's father, a reporter from the local newspaper, and a few
other curious townsfolk, who were either supporting my boys or the victim.
The bailiff soon requested we all rise, as the judge entered, and once he
told us to be seated, the prosecutor began to address the jury.

"This is a simple case, and the facts will point out the hostility between
the defendants and David Hubbard.  Although we don't have direct and
irrefutable proof of the defendants' involvement in the assault on
Mr. Hubbard, inflicting the extensive injuries he suffered, we shall prove
these boys had motive, means, opportunity, and were seen in the vicinity
where the attack occurred, shortly before it happened.  You will hear
stories about how sexual preferences, perversions."

"Objection, your honor," Mr. Gouldin interrupted.  "The use of that term is
not only inflammatory, but inaccurate."

"Objection sustained," the judge ruled.  The District attorney regained his
composure and began again.

You will hear story about how the defendants' sexual preferences and
attractions ignited an initial encounter between these young men, and we
shall show you how that escalated, fueled by the defendants' father's
influence and supervision.  We will also show how they targeted David
Hubbard and his family for payback, on something they had initiated in the
first place.  I hope you shall not be influenced by the position and
reputation their father carries in this community, and after you have been
shown the evidence, I can see no way that you can avoid returning a verdict
of guilty, unless you choose to ignore the law."

I saw no surprises in his opening, and it was pretty much what I expected
him to say, especially after the way he questioned the potential jurors
yesterday. Now, I waited to see how Mr. Gouldin would try to counter his
opening.  With the grace and sophistication of a southern gentleman, our
lawyer made his way before the jury box and began his remarks.

"What we have here is a case built on circumstantial evidence, but the
problem is, this evidence has been misread and misapplied in this case.
The four defendants are fine young men, who are greatly respected in the
community, and other than a previous run in with the complainant, have no
history of antisocial or criminal behavior.  What we do have is a young man
who made many enemies over the years and was the victim of an assault,
which has now left him permanently disabled, so he and his friends have
used this opportunity to try and get even with four young gentlemen who had
bested him in the past.  I believe, that if you look at the evidence as it
is presented, you will not be able to conclude, beyond a reasonable doubt,
that these four boys," he now swept his arm in the direction of my sons,
"had any part in what happened, let alone were responsible for it."

Just as gracefully, and maintaining the same dignity that made him stand
out in a crowded room of people, Mr. Gouldin made his way back to the
defense table and took his seat.  As he did so, the judge looked toward the
prosecutor's table and spoke.  "Mr. Osgood, you may call your first
witness."

The prosecutor nodded and rose to his feet.  "The state would like to call
David Hubbard to the stand."

At that moment, the doors to the courtroom opened and David, who was
sitting in his wheelchair, was pushed to the front of the room by a member
of the sheriff's department.  If anything would elicit sympathy for his
claim, seeing him in that condition certainly would, so I prayed he would
lose that advantage, once he opened him mouth.  The wheelchair was placed
next to the witness stand, because he would be allowed to stay in his chair
to give his testimony, and the bailiff swore him in.  "Do you promise to
tell the truth, the whole truth, and nothing but the truth in the case now
before this court?"

"I do," he said, very assuredly, and then he glanced at the jury, before
glaring at the defense table.

"Please state you full name for the record," Mr. Osgood directed him.

"David Albert Hubbard," he responded, looking remarkably calm.

"David, for the record," the prosecutor continued, "I'd like you to tell
the court, in your own words, the events of Thursday, July tenth of this
year."  David glared at the defense table again, before focusing on the
acting D.A. and giving his testimony.

"Well, me and some of my friends went out of town to this place we like to
party.  We'd had a good time and almost everyone had left, but I was still
there with one of my friends.  When she took off, I realized my keys must
have fallen out of my pocket, so I went looking for them.  While I was
crawling on the ground looking for my keys, someone must have snuck up
behind me and beat me with something, cuz the next thing I remember was
waking up in the hospital, with all kind of tubes running out of my body."

"And what happened to you, as a result of this attack?"

"The doctors have told me I'll never walk again.  Whoever attacked me broke
a vertebrae in my back, and that severed the nerve running to my legs."  At
that point, he pointed at his legs and his wheelchair, to emphasize the
fact that he was now paralyzed from the waist down.  After giving the jury
time to absorb the impact of his statement, the lawyer continued.

"But you didn't see who did this to you?"

"No, the cowards hit me from behind.  I never heard or saw them coming."
You could see he was visibly upset as he said this, like he wanted to get
even with those who attacked him, and was disgusted that he hadn't been
injured in a fair fight.

"Do you know the accused boys?" the prosecutor asked him, pointing toward
the defense table.

"Yes, I do," he responded, spitting the words out like they left a bitter
taste in his mouth.

"And how do you know those four individuals?"

"Because of a fight a few years ago."

"Could you elaborate on that?"

"We, a couple of my buddies and me, were in the parking lot of the high
school when the one guy, Shannon, made a pass at one of my friends.  We
just tried to ignore him, but he wouldn't go away, I guess he was horny and
wanted some action."

"Objection, your honor.  He's testifying as to the defendant's state of
mind at the time."

"Sustained.  The jury will disregard the witness' last statement and,
Mr. Hubbard will you please confine your testimony to what actually
happened?"

"Yes, your honor.  I'm sorry."  He made this expression like a little boy
who'd been caught with his hand in the cookie jar, which probably scored
him more sympathy points with the jury.

"Would you please continue," the acting D.A. urged him.

"Well, when he wouldn't go away, we started pushing him away, trying too
get him to leave us alone. That's when those three, and some of their other
brothers, attacked us and we had a big fight.  One of them even busted my
nose."  He paused there, for effect.

"And what happened after that?" the lawyer pressed him?

"My friends and I ended up getting expelled from school, because of them."

"So there is a lot of animosity between you and them?"

"What's that supposed to mean?" the witness asked, not understanding the
lawyer's phraseology.

"In other words," the acting D.A. stated, rewording his question, "you and
the four defendants don't get along and actually despise each other?"

"Yes, sir," he announced, with an air of pride.  "We can't stand each
other."  He gave a little smile after adding that comment.

"That's all I have for this witness, your honor."  Mr. Osgood turned and
went back to the prosecution table, to sit down.

"Mr. Gouldin, do you have any questions for this witness?" the judge asked
our attorney.

"Yes, your honor, a few."  Mr. Gouldin stood up and made his way in front
of the witness.

"First of all, Mr. Hubbard, I would like to express my sincere sympathy for
what happened to you and the prolonged effects it will have."  David gave
him a slight snarl, like he didn't believe the comment was sincere.

"Thinking back upon that night," the lawyer continued, "you stated you
didn't see who attacked you.  Is that correct?"

"Yes."

"Do you have any idea about what time this attack occurred?"

"I'm not sure, cuz I guess I was unconscious for part of the time, but I
think everyone started to leave around 9:00, cuz we first got there around
noon, so probably between 9:00 and 10:00."

"And you say these times because?"

"Well, like I said, everyone started to leave around 9:00, and I wasn't
there alone for that long a time before it happened."

"I see.  Who discovered you after the attack, and when?"

"My dad called one of my friends when I didn't get home on time, and he
drove back out here, to see if I had car trouble.  That's when he found me,
so he called 911 and got me help."

"So you were unconscious from the time of the attack until when?"

"I guess the next morning, when I woke up in the hospital."

"Ah, I see.  Now you've also stated that there were many more people there
with you before the attack occurred, isn't that correct?"

"Yes, a bunch of my friends were there too."

"So one or more of these people might possibly have returned after they
left?"

"I guess so."

"How many of your friends would you have said were there earlier?"

"I don't know.  Maybe twenty or thirty."  His chest seemed to swell just
then, like he was proud that he had that many friends.

"And it was possible that many others had heard about your plans and could
have known you would be there too?"

"Yeah, maybe."

"So there were many people who either knew or suspected you'd be there, and
anyone of them could have shown up and carried out the attack upon you?"

"No, my friends wouldn't have done that to me."

"But what about those who heard about your gathering.  Aren't there others
who might have a grudge against you for some reason?"

"Not like them!" he emphasized, pointing at my boys.

"Ah, yes.  Let's get back to what happened between you.  You stated earlier
that Shannon had come on to one of your friends in the school parking lot?"

"Yeah."

"And wasn't that the same claim you made at the school board meeting, when
this incident was discussed?"

"Yeah."  David was beginning to look a little uncomfortable and uncertain
now.

"And didn't that prove to be a lie then?"

"No!" he said very loudly and defiantly.

"Excuse me, but I have copies of the board minutes and statements from
several people who testified at that meeting here with me."

"Objection, your honor," Mr. Stone protested.  "Hearsay."

"Objection sustained," the judge ruled.  Mr. Gouldin contemplated how he
wanted to proceed next.

"Isn't it true that Miss Sara Parker and Miss Jodi Langley both testified
in front of the school board that."

"Objection, your honor," Mr. Stone interrupted again.  "This is still
hearsay."

"Sidebar, your honor," Mr. Gouldin countered.

"Approach," the judge responded, simply.

"Your honor," Mr. Gouldin began, "everyone of the people are available and
willing to testify, if I'm forced to call them as rebuttal witnesses, but I
believe it would save us all time if the court would allow us to impeach
Mr. Hubbard's testimony by using statements the witnesses made to the
school board and have sworn to in these affidavits," he announced, holding
up the papers.

"May I see those?" the judge asked, and Mr. Gouldin handed the forms to
him.  The judge looked them over and then commented.  "Mr. Gouldin, you are
positive these witnesses are available and willing to testify to the same
information?"

"Absolutely.  I think the recent affidavits the signed, in support of the
testimony before the school board, proves that."  The judge thought for a
moment and then spoke.

"Both of you step back please."  He waited for the attorneys to return to
their respective tables and then ruled.  "Objection overruled," he
announced, so our attorney continued.

"As I was saying, isn't it true that Miss Sara Parker and Miss Jodi Langley
both testified in front of the school board that they overheard you making
plans to attack Shannon McCarthy earlier in the day, even going so far as
to relay that they knew you were planning to offer him a ride home, so you
could get him alone and beat him up?  Isn't that correct?"



David was turning beet red now.  "Well, isn't it?" Mr. Gouldin persisted.

"That's what those people said," David finally admitted.

"And didn't they also say that you and your friends went directly up to
Shannon McCarthy and started pushing him around and calling him names,
before he even saw you or spoke?"  The veins were beginning to stick out on
David's neck now.

"Yeah, but they were lying."

"And that you threw the first punch?"  David didn't respond.

"And that your nose got broken after one of the boys blocked your punch and
threw one of his own.  Isn't that how your nose got broken, because one of
the boys was merely defending himself?"

"It wasn't one of the fags who broke my nose," he now spat out.  "It was
one of their straight brothers.  No queer could take me in a fight."
David's father groaned after his son said that and lowered his head,
knowing the boy had lost most, if not all of the sympathy points he had
earned earlier with the jury.

"Ah, so it's not these boys who hate you and are out to get you," our
attorney pressed on, "but you who hate and despise them, because you
suspect some of them are either gay or bi-sexual?"  There was no response.

"Maybe you didn't hear or understand my question?" Mr. Gouldin continued.
"I will rephrase it then.  Isn't it true that you are the only one who
carried this grudge forward, because you suspect some of these boys are gay
or bi-sexual?"  Again there was no response.

"Your honor, will you please direct the witness to answer my question,"
Mr. Gouldin pleaded.

"Young man, will you please answer the defense attorney's question."

"Yeah, I don't like them," he finally admitted.

"And that would be primarily because of their suspected sexual
orientation?"

"Okay, I don't like fags and fudge packers, especially when they come on to
me."  Mr. Gouldin looked pleased by the response, while David's father
writhed in his seat, upset by his son's seeming inability to hide his
bigoted nature.

"Very colorfully put," our lawyer commented.  "However, isn't it true that
you've had run-ins with others, and that these boys and their brothers are
not the only ones you've had fights or disputes with?"

"Maybe?"

"Would that be a 'yes' response?"

"I guess so."

"So there are others out there who have just as big or bigger motive to get
even with you for other incidents?"

"I dunno.  I guess."

"Yes, I bet you do, and I think that's what you and the police did here,
guessed that my clients did the attacking."

"Objection, your honor," the acting D.A. said forcefully, while jumping to
his feet.

"Sustained," the judge agreed.

"I have no further questions for this witness, your honor," Mr. Gouldin
quickly announced, pleased that he had allowed the jury to see the victim's
true nature.

David now began to move his wheelchair by himself, trying to wheel it from
where he sat next to the witness stand, and slowly he made his way to the
rear of the courtroom.  However, he hadn't gone very far before his father
came forward to assist him.  As he pushed his son past the defense table,
they both glared at the four boys, and then they took seats at the back,
while the next witness was called.

The next several witnesses merely testified about the party and how
everyone was having a good time.  They only established that everyone had
been in a good mood, there were no fights or arguments prior to the
assault, and no one had shown any hostility toward the victim.  I think
that was done merely to shift suspicion away from those who were there, by
showing everyone was getting along.  The testimony was so innocuous that
our lawyer hardly even asked any questions of those witnesses, figuring
nothing they said did any damage to his defense strategy.  Once those
issues were addressed, the big gun witness was called to the stand.  He was
the one who claimed to have seen the boys in the area just prior to the
attack, so it was important that Mr. Gouldin shake his testimony.

"The state calls Timothy Wood," the acting D.A. announced.  The doors at
the back of the courtroom opened and he came striding forward, stepping up
to the witness stand to be sworn in.  After that was completed, the
prosecutor began.

"State your name in full," he was directed.

"Timothy Evan Wood."

"Mr. Wood, could you tell us what you did on Thursday, July tenth of this
year?"

"Yeah, I went to kind of a party with my friend, David Hubbard."

"Can you tell us what happened that day?"

"Yeah, we had a really good time, until I found David later."

"So there were no problems at any time during this party?"

"Nope.  None."

"I understand you were the one who found Mr. Hubbard later, after the
attack."

"Yep, that was me."

"Can you tell us how you happened to find him?"

"Sure.  It was just after ten or so when David's father called and wanted
to know if David was with me.  When I told him he wasn't, he told me he
never came home, so I told his dad he might have had car problems and I'd
go looking for him.  He thanked me and I told my parents what I was going
to do and left.  When I went back to where we held our party, and I found
him lying on the ground, badly beaten and unconscious."

"What did you do then?"

"I grabbed my cell phone out of the car and dialed 911.  They told me not
to move him and they'd send a squad car and ambulance immediately, after I
told them where we were at."

"Did you see anyone else around that evening?"

"Not then, but earlier, when I was leaving the party and heading home, I
saw those four on the highway, less than a half mile from where the party
was."  He pointed at the four boys as he said this, adding emphasis to his
words.

"And you are positive it was them?"

"Absolutely," he assured the lawyer.  "Danny was driving, with Brandon
sitting in the front passenger seat, and I saw Shannon in the seat behind
Danny, with Pat on the other side of him."

"So there's no doubt in your mind it was the defendants?"

"None whatsoever," he said, confidently.

"Thank you.  I have no further questions for this witness, your honor."  As
Mr. Osgood was sitting down, Mr. Gouldin rose, buttoned his suit coat, and
moved forward to question the witness.

"So, you claim to have seen the defendants that same evening, in the
vicinity of the party?"

"I don't claim it, I did see them," he challenged.

"So you say.  And where were you when you saw them?"

"In my car."

"And was the car parked at the time?"

"No, I was driving at the time."

"And was their car parked?"

"No, they were driving too."

"Oh, and how fast were you traveling?"

"I dunno, probably the speed limit."

"And what would that have been at that point?"

"Fifty-five."

"Okay, and how fast do you think the defendants were traveling?"

"Probably about the same."

"Oh, so I see.  So, tell me, how long did it take for you to pass by them?"

"I dunno.  Maybe a couple of seconds."

"Ah, so at fifty-five miles-per-hour, and for a couple of seconds, you were
able to see and recognize all four boys in their vehicle?"  Our lawyer
raised his left eyebrow at that point, indicating he didn't think that
possible.

"Yes, I told you I did."  My lawyer now flashed him a look of disbelief, as
he planned how to push the issue further.

"And was there anything else that made you believe it was them?"

"Yes, it was their car."

"Well, I know they have several vehicles, so which vehicle would that have
been?"

"Their Grand Am."

"And you're absolutely positive it was their Grand Am and with them in it,
and it couldn't have been someone else?"

"I'm positive it was them and not someone else."

"And what time of day was this?"

"Somewhere around 9:00."

"And what was it like out at that time?  Was the sun bright or was it
cloudy?"

"It was getting dark."

"Did you have your headlights on at the time?"

"Yeah."

"So it was dark enough to turn your headlights on?"

"Yeah, I guess so."

"And did they also have their headlights on?"

"I think they did."

"So it was dark enough for headlights to be used, you were both traveling
at approximately fifty-five miles per hour, passed each other in only a few
seconds, and you have no doubts it was those four boys?"

"That's what I said," he answered, defiantly, while our lawyer gave him a
questioning stare.  Mr. Gouldin hesitated a few seconds before he
continued.

"You've been friends with Mr. Hubbard for quiet some time, is that not
correct?"

"Yep, we have."

"In fact, you were part of the group who was involved in the fight with
these boys a few years ago and you were also one of the boys expelled for
those actions.  Is that not correct?"

"Yeah, I guess it is."

"And you share the same basic feeling about the alleged sexual orientation
of these boys?"

"I guess so."

"And that you were in the fight to protect your friend, Mr. Hubbard?"

"Hell, yeah.  He's my best bud."

"And you'd lie to protect or help him too, is that not also correct?"

" Objection, your honor," shouted the acting D.A.

"Never mind, your honor," Mr. Gouldin replied, before the judge could make
his decision.  "I withdraw my question.

Mr. Gouldin walked confidently back to his seat, while the witness was
excused, and then the judge ordered an hour recess for lunch.

                   *    *     *     *     *     *     *     *

If you have enjoyed reading this story, you will find other stories by me
at 'BW's Rainbow Youth Connection,' at http://bwsryc.gayauthors.org/

You can also locate my stories by clicking on the Nifty author link and
scrolling down to "BW".  This will give you the links for everything I have
posted there.

I also love to hear from my readers and get their reaction to my stories.
If you don't mind, please share whatever information you feel comfortable
with, because it helps knowing my readers better when I decide what to
write or how to gear it.  Please email me at bwstories@aol.com and let me
know what you thought, so I can do even better in the future.  Thanks,
Bill.