Date: Fri, 26 Mar 2004 11:23:35 EST From: Bwstories8@aol.com Subject: The Castaway Hotel-book 7, chapter 7 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 7 - Unfounded allegations. September 2003 Mr. Gouldin, our lawyer, told Jake and me to go home, which we did. As soon as we walked through the door, the other boys barraged us with questions about what was going on and why the boys hadn't come back with us. I tried to answer them as best I could, without sending everyone into a panic, but that meant there was only so much information I could give them. They were all greatly concerned and wanted to go to the bail hearing later, but I told them that wouldn't be necessary. If this went further, say to a trial, then I'd allow everyone to go, even if it was just to show their support and signify our family's unity, but I hoped this case didn't ever get that far. I still had to calm down a few of my protesting brood, who continued to push to go to court with me, but finally they settled down and accepted my decision. After that, I called the O'Hara's, Brandon's parents, and told them what was going on. They wanted to fly here immediately, but I told them not to do that, at least not until we knew what was happening. After spending many minutes discussing everything in detail, they finally agreed, but made me promise to keep them informed and let them know if and when the case was going to trial. They advised me they would be coming here when that happened, and I agreed they should, but I would keep them apprised until that time. Once all of that had been settled, they thanked me for calling them and for everything I was doing for their son, and then we ended the call, after I told them I'd let Brandon know they sent their love and that they were greatly concerned about him. A little while later, Mr. Gouldin called and informed me he had arranged to have the bail hearing that evening. He had kept pushing until the District Justice of the Peace, DJ for short, agreed to handle this duty immediately, so the boys wouldn't have to stay in jail overnight. I was nervous, actually extremely nervous, and the thought of those four having a permanent criminal record didn't help any. I knew that even if they weren't convicted of this crime, the charge would always show up on their police record in the future, if anything else were to happen. The fact that it was there would immediately raise questions about their character and innocence, regardless of any other factors. Even though our judicial system is based on the premise that you're innocent until proven guilty, society tends to feel that if the police thought there was sufficient evidence for you to be arrested, then you're probably guilty anyway. That's not exactly what our Founding Fathers had in mind, and it is definitely unfair to those who have been accused falsely. Later, Jake and I drove to the bail hearing, and I realized he was as worried about everyone too, not just Shannon. When we got to the courtroom, we took our seats and waited patiently, until the case was announced. It wasn't very long before that happened. "Docket numbers 14319, 20, 21and 22, bail hearings for defendants Daniel Edward Currie, Brandon Patrick O'Hara, Patrick Alan Currie, and Shannon Michael McCarthy, who have been charged with one count each of second-degree simple assault." "Mr. Stone," the judge said, looking at the District Attorney, "what is your position on bail?" "We request remand, Your Honor." "Remand?" our lawyer nearly screamed. "This is the first time any of these boys have ever been charged with a crime. Not only that, they are from a loving family and have very strong ties to the community. This sounds extreme to me, Your Honor." "Mr. Stone?" the judge said, looking at him. "We are asking for remand because the boys fled the jurisdiction of the court after they committed the crime." "What?" our lawyer shrieked. "They went on a family vacation, which had bbeen planned well in advance, so they were not fleeing anything." "Is that true?" the judge asked the boys, but before they could respond, I stood and spoke. "If I may answer that, Your Honor." "And who are you?" he wanted to know. "I am father to two of these boys and legal guardian to one of the other two. The gentleman sitting next to me is the father to the remaining boy. Yes, we took these boys on vacation for four weeks, but that was planned months before we actually went. Up until we actually left, there was some question about whether we would be going or not, because I had another son who was dying of leukemia, and we all wanted to be there for him. He passed from his illness shortly before we were to leave, and after so serious consideration, I decided to go ahead with our plans. I felt it would do the boys good to get away and forget about things for a while." "Well, Mr. Stone, from what I've just heard, it doesn't seem to me the defendants were attempting to flee the jurisdiction of this court. Anything else?" The D.A. looked frustrated and upset, so it took him a second or two to respond. "Then I think they should be remanded due to the severe nature of the crime, Your Honor." "I understand your concerns, but I don't find that to be enough reason to demand they be incarcerated." Seeing his opening, our lawyer decided to speak up. "I request the boys be released to their parents, Your Honor," he interjected. Frustrated and upset, the District Attorney voiced his objection. "The District Attorney's Office is strongly opposed to that, Your Honor," he shot back. "I'm sure you are," the judge said dryly, "but I always believe my rulings are fair when both attorneys go away not fully satisfied. Therefore, each defendant will be granted bail of $50,000, cash or bond." "Excuse me again, Your Honor," Mr. Gouldin began, "but these boys are also scheduled to be going to various colleges shortly. Would the court have any objections to their being able to resume their education, if we promise to make sure they will return for any and all court appearances, provided we have sufficient notice for such appearances and these proceedings are reasonable and not excessive?" "Mr. Stone, you're opinion on this?" "Your Honor, I don't think these boys should be allowed to leave the local jurisdiction until this case is resolved. In addition to that, I don't think the bail that was set is sufficient to guarantee their return, seeing the severity of the charges against them." While he was pleading with the judge, he kept turning to stare at our lawyer and the boys. After the district attorney finished his statement, the judge merely sat and contemplated how he was going to rule. "Once again, I don't believe either side will be totally happy with my ruling" the judge began, when he was ready to inform us of his decision, "but I can't see making these boys put off their education until there is a verdict. However, the District Attorney's Office does make a valid point. Bail will now be set at $100,000 for each defendant, cash or bond, and they may return to college, providing they promise to return for all scheduled hearings." The boys nodded their heads, almost in unison. "Your honor," Mr. Gouldin began, this is a weekend and Mr. Currie would have trouble producing the required amounts until Monday. I will vouch for the fact Mr. Currie has assets sufficient to post bond, but we'd prefer not to have to wait until Monday or leave the boys in jail for that long. Is there anything we could do to correct this situation?" "I will allow Mr. Currie to sign for their release, if that release also includes his pledge of his property against the required bond amounts. If he can produce that sum on Monday, then we will release him from his pledge. Would that meet with your approval?" "Yes, your honor," Mr. Gouldin responded, pleased with the judges compromise. "Your honor, I object," the D.A. bellowed. We seem to be bending over backward here to accommodate Mr. Currie and his family, I suggest we follow standard procedures." "Objection overruled," the judge cut him off. "I am doing no more for him than any defendant who appeared before who had the wherewithal to post the required bond, especially during a weekend or holiday delay. I see no need for the Commonwealth to pick up the tab for housing his sons when it isn't absolutely necessary." With that said, the judge slammed down his gavel, thus ending the formal arraignment. An agreement was quickly produced, which I readily signed, and then our defendants were released in my custody. The four boys were still visibly shaken when they got to us, and Jake and I both tried to comfort them with assurances that everything would turn out all right. After collecting the items taken from them when they were arrested, we walked to the van and they told us some of the things that had happened to them during their brief stay in jail. "Man, I've never been so scared in all my life," Shannon told us. "Even though I'm gay and have no problems with gay sex, those guys wanted a piece of our ass, and I know they wouldn't have been making love to us." "Why, what happened?" Jake wanted to know. "It started almost as soon as they took us in with everyone else," Danny responded. "Seeing we are all 18 or older, we had to go in with what they call the general population. They split us in pairs, with Shannon and me going to one cellblock, and Pat and Brandon going to another. The minute we were within sight of the other inmates the comments began, with guys going, 'hey, cutie, come over here,' or 'hey, sweetie, come see what daddy's got for you,' and then they'd grab their crotch or fake blowing us a kiss." "And that was only part of it," Brandon added. "Then they started saying things like, 'can't wait for the next shower, boy, cuz you'll be picking up my soap for me,' and then they'd laugh." "Once we were placed in our cellblock, I was told by another young guy that he had tried to resist when he first got there," Pat informed us, "and he got the shit kicked out of him by four guys. They seem to know where the guards can or can't see what's going on, and got him in one of these spots. Once he could no longer resist, they did what they wanted with him. He advised me not to resist and it would hurt much less that way." "Yeah, I heard that too," Shannon concluded. "Thank God you got us out of there before anything like that could happen to us." The boys all agreed with his comment, as we got into the van and headed home. Now they told us about the booking process and the jailhouse wardrobe they had been issued. "Yeah, and that one guard made sure he got a good look at our packages when he did the strip searches when we first got there," Brandon advised us. "I think he even got hard, because he sure had a big bulge in his pants when I was walking away. Of course, I was the last one to get searched." The boys all agreed with his observation, and then we talked about what might happen next. The lawyer had given Jake and me some idea about what to expect, so we shared that information with the boys now. It didn't make them feel any better, but we felt they should know what was up and what they might yet have to face. After that, things got pretty quiet and you could hear a pin drop by the time we reached home. As we pulled into the driveway, everyone else was piling out of the house and heading for the car, to see if the boys were with us. However, they also came out to tell us what had happened at home, while we were gone. Though, everyone was relieved when they saw the four boys behind us, but that euphoria didn't last long, as Frank stepped forward and broke the news to me. "Dad, you aren't going to be happy when you go into the house." "Why not?" I asked him, wondering what was wrong. "While you were at the courthouse for the bail hearing, the police showed up with a search warrant and literally tore the house apart. They threw things everywhere, looking for evidence from the crime, and they really trashed the place." "Let's go see what happened," I told him, wanting to see how bad it actually was. "Did they take anything with them?" "Just some of their clothes, but nothing else. The also searched the Grand Am and the Suburban, and they sprayed some stuff inside them both. I think they were looking for traces of blood. I don't think they found what they were looking for, and they weren't exactly happy when they left." "Yeah, well it was nice of them to wait until they figured Jake and I would be away at the bail hearing," I spat out. I wasn't happy at the way this had been handled, especially after I saw the extent of what they had done to my home. However, I also knew there was probably very little I could do about it, even if I wanted to. Instead, I directed the boys to start cleaning their rooms up, while Jake and I took care of some of the other parts of the house. After we finished putting the house back into a somewhat respectable condition, the questions began, as everyone wanted to know the details about what had happened in court. After quickly filling them in concerning what had taken place, we decided it was time to turn in and get some sleep. It had been a long day and I was sure we were all exhausted, especially those who had gone through the worst of this ordeal. After I sent the rest of the boys to bed, I kept Brandon behind for a few minutes and filled him in on my conversation with his parents. He immediately informed me he had been considering not telling them about this, but after hearing what they had said, he thanked me for calling them and agreed it was probably for the best that they knew. He then gave me a hug, before he went upstairs to join Danny, and then he told me he loved me. I told him I loved him too, and then he disappeared up the stairs, before I went to join Jake for the night. Sunday morning I got up early, but I waited a while, before I started to rouse the boys to get ready for church. Before we left the house, I told each of them I would like them to say an extra prayer today, asking God to show us the way of getting the boys out of this mess. Even though we all knew they weren't guilty of what they had been charged with, it seemed the District Attorney's Office was determined to prove they were, and we needed something besides our word to prove that wasn't the case. However, none of us knew exactly what that might be. I think we needed a minor miracle here; to make sure none of them were convicted. It was kind of ironic that the sermon this morning was about the trials of Job, because last night I had been drawing analogies between what he had endured and what our family had been going through. I had been thinking about how God had tested Job, to see if he would turn against him, and then I thought about how we had lost Cody and Brent, Kevin's medical problems, the near loss of my boys in court, the current problem with my older children, and now this. Sometimes I wondered if God was testing me too, to see how strong my faith was. It's easy to believe in God when things are going well, but quite another thing when problems arise. It's easy to blame God, or anyone else for that matter, for the problems in life, but it's hard to trust in his judgment and believe that what has happened is part of a greater plan or that there was a reason for it to happen, even if we cannot appreciate or understand those reasons. As I sat listening to the sermon, I noted how Job never let his faith in God falter and that, in the end, his faith was rewarded. Although I had never considered blaming God for our woes or even thought about not attending services any more, I'm not sure if I could honestly say it was because my faith was strong. It was mostly because that's who I am and I find a solace and a peace in knowing there's someone supporting me, and I also believe my family needs the reassurance this faith gives us. Now I just sat and listened to the rest of the sermon, praying that God would pull us out of this mess too, as he had in the earlier situations I'd mentioned. After church, several people stopped us and told us they had heard about the boys being arrested, and they offered their support, reiterated their belief in the boys' innocence, and offered prayers to help see us through this. They also assured us that they believed the boys would be vindicated, and emphasized their belief that my boys weren't capable of such brutality. We thanked each of them for their kind words, and then we headed out for brunch, at our favorite restaurant. This outing wasn't our usual light-hearted Sunday brunch, as the boys with the legal problems were still down about their experience the previous day, and the rest of us were trying to think of something that would get them out of this mess. After we got our food, but before we began to eat, I made the family join me as I said grace, and I made sure I asked God to guide us through this problem and help clear the boys of the crime they'd been falsely accused of. Everyone gave a resounding 'Amen' after that, which caused a few of the neighboring tables to turn and look at us, but no one gave any sort of negative response to our actions. Now we ate quietly, as no one had much to say today. When we got back home, the boys went off to be on their own, so I went to the computer to check my email. I suspected my inbox would probably be full, from having been away for a month, and I wasn't disappointed when I opened it. The first thing I noticed was that there were a whole bunch of emails from Nick, so quickly I opened the oldest first, so I could read them in the order he wrote them. Hey Pop, Things are going super down here and I'm making lots of new friends. I get along great with my host brothers too, and we've had loads of fun. Don't worry, I'm using the stuff you sent with me, but I could use more. Do you think you could send me a package with everything I need in it? You know what I mean. It seems to go really fast when you're having a good time. ;-) How's everybody back home? I hope everything is good and everyone's doing fine. I bet they're not having as much fun as I am though. Hehehe. My host family took me to Sao Paulo and that's a huge city, but there are a ton of street kids there. I really feel bad for them, because they have a terrible life, and I guess they spend most of their time sniffing glue and stealing. They don't live to be very old either, cuz the glue destroys their brains or someone ends up killing them, because the storeowners get tired of them stealing things all the time. It's awful. Wish we could open up a Castaway Hotel here and give them a safe place to live. Well, I hope to hear from you soon. Miss ya all. Nick Well, Nick's email told me he was as sexually active as I had assumed and that I'd better get more condoms and lube shipped out to him as quickly as I could. At least he's being smart enough to do as I asked, and not take risks with his own health. Now I opened up the next email, which arrived the following week. Hi Pop, I hope you're sending me that stuff soon, cuz I'm nearly out. I tried to call you Sunday, and all I got was the answering machine. Where were you? Please call me when you can. You have the phone number for here. How come you didn't email me back? Is something up or are you mad at me for some reason? I hope not. Love ya all, Nick Maybe I should run to the store and pick that stuff up and send it overnight express to him. Don't want him tempted to try stuff without protection, but I'll read his other emails first, to see what else he has to say. The next email was dated almost a week later than the previous one. Pop, I still haven't heard from you. Why not? Is everything okay there? I really need that stuff and soon. Man, what's going on and where have you been? I used the calling card to call again, but only got the answering machine. I hope everything is okay there. Will you please let me know as soon as you can? I'm starting to worry about all of you. Nick Well, his emails were getting shorter, more to the point, and his tone might even be considered a little frantic. I'll read the last one and send him a reply, before I go to buy what he needs and ship the items to him. Wait, I can't do that. It's Sunday and there's no place open to ship it today, so I'll have to wait and do that tomorrow. I'll send him his reply via email and then call him a little later, so I can explain everything to him in person. Okay, let's just see what his final email has to say. Pop, What is going on? Have you disowned me or something? I need that stuff big time and I want to know if anything is wrong. Please contact me somehow. I do love ya all, Nick Wow, I have to get that kid a reply and ease his concerns. Nick, I'm sorry I haven't been around to answer your emails or calls, but we just got back from vacation. We were gone a month, but I thought I'd told you about that. I will call you in a little while and explain everything, and I'll get the items you requested and ship them overnight tomorrow (Monday). Please forgive us for our tardiness in responding, but we'll discuss this more when we talk on the phone. We all love you, Pop I hoped that would suffice and ease his concerns. I planned to call him shortly, but right then I needed to go talk to the four boys, to see if I could ease their concerns. I went to Pat's room first, but he wasn't there, so I went to Danny's room and found all four of them sitting around talking. I didn't even have to ask how they were doing, as their concern was etched on their faces. "Hey, guys, I'm glad you're all here. I wanted to talk to you, before you went to bed." They looked up at me, their eyes expressing their pain and worry. "Look, guys, we're going to get through this. You didn't do what they're saying, and we will make sure you are cleared of all charges. I will spend every penny I have to defend you, if I have to, so please try to relax. It's going to be all right." "We know, Dad," Danny answered, "but it's hard not to worry, especially after what's happened so far. We know we didn't do anything wrong, so we didn't think we'd get charged either, but we did." "Yeah, and it seems like the cops want to pin this on us," Shannon added. "They didn't want to hear the truth or what we had to say. All they wanted was for us to admit we did it and why." "That's true, Pop," Brandon told me. "They didn't want to hear that we didn't go out that day, or that the four of us had never been out together in ages. They kept asking about why we did that to him and if we thought we were going to get away with it." "Dad, the police already have us convicted," Pat stated, giving me a look that told me he was very worried about this fact. "Well, it's a good thing they don't decide your guilt or innocence then," I countered. "I'm confident that once all the facts are in, it will prove you boys had nothing to do with this and things will go back to normal." "They won't ever go back to normal after this, Dad," Danny responded. "After being booked and spending time in jail, I don't think I'll ever be the same again. Man, I'll do anything to stay away from ever having to go through that again, and I hear prison is ten times worse." "Yes, I'm sure it is," I sympathized, "but you won't have to worry about that. Let's just get through this, and I know nothing like this will happen to any of you again in the future." "I hope not," Brandon added. "Once is more than enough." The others agreed, and then I left them alone after that, hoping I did what I needed to do to allay their fears. I would keep an eye on them and hopefully they will begin to perk up a little, now that they're back home. Once I got back downstairs, I decided to call the home of Nick's host family in Brazil, so I could speak with him. "Ola," the voice at the other end answered. I knew I wouldn't be able to communicate in their language, so I just said whom I wanted. "Nick, por favor." The other person began shouting something, and I could hear quite a bit of commotion in the background, before Nick came to the phone. "Ola." "Nick, it's Pop." "Pop! Where the heck have you been? Didn't you get my emails?" He sounded very excited and confused. "Yes, Nick. I finally got them. Didn't you get my email?" "When did you send it?" "Earlier today." "No, I haven't been online since Friday." "Okay, then let me explain what happened. We went away on vacation and were gone for four weeks. I just opened your emails earlier today. I'm sorry if I forgot to tell you we were going. Originally, I had cancelled the plans when Cody got sick, but after he passed away, I felt we all needed to get away, so I put everything back into motion." "I understand, but I was really worried something was wrong. I wanted to call Uncle Steve or Aunt Sally, but I didn't bring their phone numbers with me. The only thing was, I figured if something were really wrong, someone would have called me to let me know. I was still worried though. In fact, I was even a little scared about why you weren't answering me." "Nick, I'm sorry I put you through all that." "S'ok, as long as I know everything's all right now. How about the stuff I need...the condoms and lube. Did you send that?" "Not yet. As I said, I just opened your emails today and no place is open to ship it out until tomorrow. I will pick that stuff up and send it overnight delivery as soon as I can. Is that okay?" "Yeah, that's fine." "Nick, you had a lot of stuff when you left. Do you think you might be overdoing it a bit?" "Well, maybe a little," he agreed, with a giggle, "but the guys here are hot and they don't mind doing everything with me. I'm being safe, Pop, so I hope you don't mind." "No, as long as you are sure you are being as safe as you possibly can. I will send that stuff out tomorrow, but let me know if you need more in the future. Just be careful and try to keep your dick in your pants some of the time." He laughed again. "Okay, I'll try, but it's not easy. My host brothers are hot, and they are willing to go all the time." He laughed again. "Okay, I understand. Just don't take any unnecessary chances." "I won't." "Nick, there are also some other things I need to tell you about too," I advised him. Now I went on to explain about all the things that had happened to Danny, Pat, Brandon, and Shannon, giving him what details I knew. Nick was very concerned and asked many questions, so I wasn't surprised when he asked to speak with each one of them. I called the boys to the phone, one at a time, and let them talk to him, giving them a chance to ask and answer questions of each other. It also gave Nick an opportunity to tell each one that he believed in him and supported him in his legal battle. His final conversation was with Shannon, with whom Nick had recently shared a closer bond, as they were an item befoore he left. They talked for over twice as long as Nick spoke with any of the others, and I could tell they were discussing more than just Shannon's legal woes. All in all, it was quite an emotional sequence of conversations for everyone involved, but I think it was needed and helped to reassure both Nick and the others. Before the phone call was concluded, I spoke briefly with Nick again, telling him I'd call him the following weekend, and then he could talk to some of the others, if he wished. He thanked me and made me promise to keep him informed about what was happening, so I reassured him I'd do that, as well as send his special package out within 24 hours. He thanked me for everything and we said good-bye, knowing we both felt a little better now. Later that afternoon, I received a phone call telling me the boys preliminary hearing would be held on Wednesday. It would be in front of the same DJ and in the same courtroom, so no surprises there. Even though this was just another formality, the boys were very nervous, and I allowed everyone to go this time, to show their support. We met Mr. Gouldin there, went into the courtroom and took our places, waiting for our case to be called. "Docket number 14319, defendants Daniel Edward Currie, Brandon Patrick O'Hara, Patrick Alan Currie, and Shannon Michael McCarthy have been charged with one count each of second-degree simple assault and one count each of first-degree aggravated assault." "Your honor," our lawyer spoke up, "when did the felony charge of aggravated assault get added? When my clients were arrested and at the bail hearing, these young men were only being charged with a misdemeanor charge, simple assault." "Maybe the District Attorney can shed some light on that," the judge responded, looking over at the other table. "Your Honor, that charge was always intended, but we wanted to verify our facts before formally charging aggravated assault." "Your Honor," our lawyer responded, "the charge of simple assault covers what allegedly happened in this case, so why are we double charging here." "Mr. Stone," the judge began, "do you have a response to that?" "Yes, Your Honor. The simple assault charge was made because the defendants inflicted bodily injury with a deadly weapon. The aggravated assault charge was included after various doctor verified the extent of the damage done to the victim, because the defendants inflicted EXTREME bodily injury upon the person they assaulted and showed an extreme indifference to the value of human life." "Well, Mr. Gouldin," the judge began, "it appears the District Attorney's office is acting well within its legal jurisdiction, and those charges do coincide with the severity of this crime. So how do the defendants plead?" Our lawyer whispered to the boys, and then Danny spoke up first. "Not guilty, Your Honor." "Not guilty, sir," Pat followed. "Definitely not guilty," Brandon added. "Not guilty," Shannon finished. The prosecutor, acting in behalf on the Commonwealth of Pennsylvania, put on its case for the District Justice of the Peace, so he could determine if there is probable cause to believe the charged crimes had been committed and that these defendants had participated in the crime. It was explained to us that it was not the DJ's job to decide if the evidence is to be believed, but merely determines, if a jury does believe the Commonwealth's evidence, whether that jury could convict the defendants of the crimes charged. After listening to the District Attorney's case, the DJ bound the boys over for trial, so it looked as if our problems weren't over yet. * * * * * * * * 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.