Date: Fri, 10 Aug 2012 11:43:17 -0700 From: B.E. Kelley Subject: The Foundling Chapter 8 This story is a work of FICTION. The events described are my own invention. Any similarities to actual events or persons are strictly coincidental. The author retains the copyright, and any other rights, to this original story. You may not publish it or any part of it without my explicit authorization. This story contains depictions of consensual sexual acts between teenage males. It is intended for mature audiences only. If you find this type of material offensive or if you are under the legal age to read said material; please proceed no further. Comments are always welcome at: hailcaesar2011@hotmail.com The Foundling Chapter 8: My Day in Court "O Star of wonder, star of night, star with royal beauty bright, westward leading, still proceeding, guide us to thy perfect light," sang Avery, completing our third run through We Three Kings. "That was pretty good, the performance is going to be great," I complimented. "Thanks, you were good too," said Avery, taking a drink from his water bottle. It was our last day of school; we didn't have practice, so we went to my house to work on our music for the Christmas Eve service that was just a week away. We're officially on Christmas break for three weeks, but there was still a lot each of us had to do. "When do you get your cast off?" asked Avery. "Tomorrow, thank God, it's really starting to itch." "I bet," Avery laughed, "As good as you play with that thing, I bet you're going to be incredible when it comes off." "I hope so, I'd hate to make a fool of myself," I replied. "Don't think of it so much as making a fool of yourself, you'd also be making a fool of me," Avery joked. "Great no pressure, thanks Avery," I said sarcastically, but we both laughed. "Hey Benji, can I ask you something, you know, kinda personal?" said Avery. "Sure, what's up?" "Well, this is your first Christmas, you know, without your dad, are you doing ok?" he asked, sympathetically. "I miss him, it's hard, but everyone is going out of their way to take my mind off of it," I replied. "Well, I just wanted to check, I worry about you sometimes," said Avery. "You do?" I asked, that's not the kind of thing boys usually say to each other. "Yeah, I mean you've been through something really terrible, I don't know what I'd do if I lost my dad, I just want to make sure you're hanging in there," said Avery. "Wow, I've never had a friend say anything like that before, thanks Avery, but I'm ok," I stated. "No problem, just looking out for my best bud," he smiled. "Gee, I didn't know you had so few friends," I teased, trying to cover how touched I was by his kindness and his admission. "Dork," said Avery, punching me playfully in the arm. "Since we're being so personal, can I ask you something?" I asked. "Sure, anything you want," said Avery. "You know I have to go to court on Monday, right?" "Yeah, couldn't they wait until after Christmas to do that?" said Avery. "I guess the judge just wants to get it out of the way, anyway, if you were me, what would you say?" "That's a tough question, I don't know, I mean you must be feeling so many different things," said Avery. "Yeah, I keep trying to think of something intelligent but it always turns into something angry," I admitted. "You're entitled to be angry, Benji," said Avery. "I know, I just don't want to come off like an angry child, I want to express myself but I want what I say to be taken seriously?" I stated. "I understand; you want to know what I really think?" said Avery. "Of course." "Stop thinking about it like a school project, it doesn't have to be perfect, see how you feel when the time comes and let it come from your heart," said Avery, "That's what I'd do." "Yeah, I think you're right, why stress over it, who knows how I'm going to feel that morning," I agreed. "I got an idea," said Avery, "We're out of school, why don't you spend the night at my house that night. We'll have Tim and Robbie join us, we'll watch movies, play some video games and we'll help you celebrate." "Celebrate?" I asked. "Ok, that's not the right word, what I mean is, this part is over, this asshole is going to jail, you got justice for your dad, let's start putting this behind you, know what I mean?" Avery explained. "Yeah, I like that idea, I'll ask Nancy if it's ok," I smiled. Not long after that, Avery had to go home but first, he made me promise to call him as soon as I got an answer to his sleepover plan, from George and Nancy. I waited until dinner that night; we'd finished eating and were just sitting around talking about the coming week. Like I said, there was a lot that still needed to be done. Tomorrow is Saturday but George is taking me over to the hospital to get my cast off, then Monday I have court, we're going down to Boston to do some last minute shopping on Wednesday and then there is the Christmas Eve service that Avery and I had been preparing so hard for. "You remember we're going over to the hospital to take your cast off tomorrow, right Benji?" asked George. "How could I forget, I've been looking forward to it for weeks," I replied, "Will I be able to start swimming right away?" "I think so, swimming is low impact, I don't think there's any danger of hurting it," George smiled; he knew I was looking forward to getting back into the pool. "Cool, I can't wait to tell the guys," I replied. George and Nancy traded a look, then a smile. I think they were just glad that I was happy and had friends, that I wasn't letting my grief consume me. "And we have your court appearance on Monday," said Nancy. "I know, I actually wanted to talk to you guys about that," I stated. "You haven't changed your mind about speaking, have you?" said Nancy. "No way, I'm going and I'm going to give that guy a piece of my mind, it's just that, well, Avery and the guys are having a sleepover at his house, and I'd really like to go," I explained. "I don't know sweetie, do you think you're going to feel up to it, I'm sure your court appearance will be very stressful," said Nancy. "I thought about that and I'd really like to go, I think no matter how things go down in the courtroom, being with my friends will make me feel better." "Well, if that's what you really want to do, I don't see a problem with it," said George. "Great!" I exclaimed, "Have I told you guys how awesome you are lately?" "Last Tuesday," George winked, "But we don't get tired of hearing it." "Kiss up," said Dylan, but then he started making kissy noises and I knew he was only teasing. The next morning, I got up early and was the first one down to the breakfast table. I started to pester George as soon as he walked into the room, still in his pajamas and bathrobe. "So will the orthopedist be in yet? Can we go now? How long will it take to get the cast cut off? It doesn't hurt does it, I mean they never like, sneeze and cut the skin, do they?" I rambled. "No, no, a couple of minutes, only if the patient is a wiggler," said George, answering my stream of questions, "Calm down kiddo, you've had that thing for five weeks, a couple more hours won't hurt." "I know, I'm just so excited, there is so much I want to do," I exclaimed. "Like what?" asked Dylan. "Well for starters, playing the piano, scratching, having a sandwich, eating pizza," I went on and on. "Uh, you've been doing all of that stuff," said Dylan. "Ah ha, but not with my left hand," I smiled. "I've told you how weird you are, right Preppy?" asked Dylan. "Regularly," I grinned. "K, just don't want you forgetting," Dylan chuckled. "Come on Benji, let's go back upstairs and find something to do," said Jamie. George told me we'd be leaving in an hour, so I followed Jamie back to our room. "So what do you want to do?" I asked, but I had a pretty good idea what he was thinking, that is when I turned around. Jamie had taken his pajama bottoms off and was grinning at me, his cute boner tenting his undies. We'd never jerked off after breakfast before. "Uh, I don't know Jamie, I mean, what if someone walks in?" I asked. Jamie reached behind him and locked the door. "Problem solved," he smiled. We did things a little differently this time. I took off my pajamas then we got on our knees, facing each other on Jamie's bed. He reached over and groped my crotch until I was hard, then tucked my waistband under my balls and started jerking me off. I let him get a rhythm going, then I repeated the process on him. It only took a couple of minutes, the problem was, the way we were sitting, well, I ended up shooting my cum all over Jamie's crotch and thighs. "Oh Jamie, I'm so sorry," I blushed, but he wasn't mad. "Wow, I never saw you shot so hard, you must have been really horny," said Jamie. "I guess I was," I agreed. "Don't worry about it, I have to take a shower anyway." I couldn't help myself, I put my hands on Jamie's shoulders and pulled him forward, then kissed him on the forehead. "What was that for?" he giggled. "Cause you're awesome," I smiled back. That made Jamie smile one of his more brilliant smiles, then he got up to take his shower. When he was gone, I have to admit, I did something kinda weird. The only sex I'd ever had with a boy, I'd had with Jamie, I'd never even kissed anyone and well, as a young ball of homosexual hormones, I was curious about what another boys cum would taste like. When Jamie came, his spunk dribbled onto his undies, I fished them out of the hamper and licked them. It tasted good, the flavor was salty and a little sweet and I sat there, licking my little buddy's briefs until the water stopped running in the shower. When the water stopped, I suddenly became conscious of what I was doing and threw Jamie's tighty whities back into the hamper. I promised myself I wouldn't do that again, my curiosity had been satisfied and I sorta felt guilty, like I was doing something bad to Jamie. I did take the opportunity to watch Jamie dry off and get dressed but after that, I took my own shower, got dressed and went back downstairs to bug George until it was time to go. It was a short trip to the hospital and an even shorter wait to see the orthopedist. It only took him a couple of minutes to cut my cast off and as soon as it was gone, I started stretching and flexing. "Hey, check that out," I stated, noticing something about my skin. "What is it?" asked George. "Look, I actually can get whiter," I laughed, the skin that had been in the cast made my normal shade of pale white, look like a tan. George and the orthopedist rolled their eyes and George clapped me on the back. Before we left, they had me wash my arm in the sink, after being in a cast so long, it stank. After that, we went home and I ran around the house showing everyone my wrist, I played the piano, roughhoused with the guys a little, and then had the sandwich I'd been looking forward to eating with my left hand. I spent the weekend finding goofy things to do with my left hand and didn't think about my impending court appearance, until Sunday night. I asked Jamie to sleep with me that night and he didn't ask any questions, he seemed to know that I was tense and needed him. Jamie is a real cuddle monster, I'm not the only one he does it with either, he's always hanging on Dylan or George and Nancy. I hope he doesn't grow out of it, I think it's one of his greatest strengths, to be free to be himself and love the people he loves. He was sleeping soundly while I lay awake, a million thoughts running through my head. I don't know what time I finally fell asleep, but it was after 9:00 when I woke up. Jamie was already downstairs so I showered and dressed for the day, selecting my navy blue school blazer, tie and khakis. I wasn't the boy I'd been the last time I wore this, but I wanted Joe Harper to see me as I was that fateful night. I wanted him to know what he'd taken from me and how he'd changed my life. I was surprised to see George at the breakfast table, when I went downstairs, he usually left for work before we got up, so he could get home early and spend time with the family. I was further confused when I saw the boys in dress shirts and ties. "Uh, morning, what's going on?" I asked. "Breakfast," said Dylan, "You know, first meal of the day?" "I mean, what's everyone dressed up for?" "We're coming with you," said Jamie. "The boys wanted to come with us to the courthouse and support you," said Nancy. "I appreciate that but you guys don't have to do that," I replied. "Well, what if we want to do that?" asked Dylan. "Yeah Benji, you'd come with us if we were going to court, wouldn't you?" asked Jamie. "Well, yeah, I guess I would," I replied. "Good, that's settled then," Dylan smirked. I ate my breakfast quietly, I was starting to feel nervous, I felt butterflies fluttering in my stomach and I was glad that my new family was being so supportive. I didn't talk in the car, I tried to focus, tried to figure out how I was going to express my feelings. When we walked into the court room, we were seated behind the DA, on the opposite side of the room there was a woman crying, Harper's wife. I couldn't look at her, none of this was her fault, she was a victim to, but I didn't want to let my sympathy for her cloud my judgment. Joe Harper was brought in, wearing an orange jumpsuit and handcuffs, they seated him next to the public defender and my hands started to tremble. I wasn't nervous now, I wasn't scared, I was angry, I could feel rage flowing through me as swiftly as my own blood. "It's ok, he can't hurt you now," said Nancy, noticing my hands and mistaking my condition for fear. "Before I pass sentence in the matter of People of New Hampshire versus Joseph Harper, the defendant may address the court," said Judge Donovan. Harper stood up and turned to face the court, aside from Harper's wife, the Prescott's and I, there were a few courtroom regulars and a reporter from the local paper, who was respectful enough to leave me alone, rather than pepper me with questions. That was a small town courtesy I appreciated and knew I wouldn't have gotten if we were in New York. "I want to say how sorry I am for what I did," Harper began, "I never could handle my alcohol, everyone said I'd kill someone someday and I didn't listen. I was stupid. I'm sorry to Mr. Tyson for taking his life. I'm sorry to his son, sorry I took his daddy from him, sorry he got hurt. I'm sorry to my wife and I'm sorry that I never listened, I'm sorry I've ruined my life." I listened to him speak, it was different then the last time I'd seen him, as a bombastic drunk. The Joe Harper standing before me was a broken man, his wife was crushed, his life was basically over. After a few minutes, he finished his statement, then sat next to his lawyer, there wear tears in his eyes. "Your honor, Benjamin Tyson III is here and would like to address the court on behalf of his family," said the DA. "Granted," said Judge Donovan, "Young man, would you please step forward?" I looked over at the Prescott's, they each did their best to give me a reassuring look, then I stood up and walked down to the judge's bench, turned, and face the court. Then I just stood there. I looked at Harper and thought, what can I say that will change anything. I sat there running through all the bile I'd planned to spew at him but I couldn't do it. My father was a gentleman, he would never kick a man when he was down, not even this one, I couldn't insult his memory by acting like a crazed idiot. "Mr. Tyson, you may begin whenever you're ready," said the judge. I couldn't do it. In the final analysis there was nothing to be said that would make anything better. Nothing was going to bring my father back, nothing would make this man feel more guilty then he already did. I would never forgive him, but I didn't think he'd forgive himself either. Everything I had hoped to accomplish by speaking; had been accomplished by his own conscience. Instead, I turned and addressed the judge. "Your honor, all I want is to ask you to levy the maximum penalty, thank you," I stated simply. I turned around and started to walk out of the room, when Joe Harper cleared his throat as I passed. "I meant what I said, I really am sorry," he sniffled. I looked down at him and said the only thing I could think of. "Sorry isn't going to change anything, is it?" I then continued towards the exit. I took a deep breath, when I entered the hall. The air filled my lungs as if I'd been holding my breath the entire time. Nancy and the boys came out a moment later, each of them hugged me. "Are you ok?" asked Nancy. "I'm fine, I couldn't go through with it," I admitted. "I know it was hard for you, that was a lot for a boy to have to face," said Nancy. "It's not that, I just couldn't think of any way to make him feel worse." Nancy gave me a hug, then we sat together on the bench, with Jamie and Dylan. A few minutes later, George, who had stayed behind to find out what the sentence would be, came out and sat next to me. "Twenty-five to life," said George, "at his age, and the damage to his liver from all of his drinking, he may never get out." "I can live with that," I replied coldly. "Come on, let's get out of here," said George. We had a late lunch, I didn't say much, no one did really and then we went home. I didn't have much time, I changed out of my suit, put on casual clothes, packed a bag and then it was time to go to Avery's. Avery lived in a big colonial house, just off of Main Street, and somehow I knew which one it was before we even looked at the number. I hopped out of the car, grabbed my overnight bag and told George I'd see him tomorrow. George waited on the curb until I knocked on the door and Avery invited me in. "Hey, how did it go?" asked Avery, referring to court. "Mmm, let's talk about it later, ok?" I asked, as a little girl, who could only be Avery's sister, came running up to us. The little girl was 5 years old and looked like her big brother, in that she had his blond hair and green eyes. "Abery, it's the boy from the newspaper," she said, tugging on her big brothers sleeve and mispronouncing his name. One drawback to being the wealthiest person in a small town, it's front page news every time you have to take a piss. Ok, that's an unfair assessment, given the rarity of cold blooded murders in northern New Hampshire, and the relationship between my family and the town, it would have been a miracle if my picture hadn't been in the paper at some point during all this. Avery scooped his little sister up in his arms and introduced us properly. "Aribella, this is my friend Benji, remember I told you that my buddies were spending the night tonight?" "Uh huh," she nodded. "Can you say high to Benji?" "Hi Benji," said Aribella, cheerfully. "Hello Aribella," I smiled, "it's lovely to meet you." The little girl giggled and let me shake her hand. "Ok, why don't you go play, munchkin," said Avery. "Ok Abery, bye Benji," said Aribella, as she scampered off. "Abery huh?" I smiled. "Yeah, she still has trouble with her V's," said Avery. "She's adorable," I smiled, "where are your mom and dad?" "Dad's in the family room and my mom isn't home from work yet? "Oh, what's she do?" I asked. "She's an attorney, she's got a family law practice here in town," said Avery, "come on, let me show you where to put your stuff before Tim and Robbie get here." I followed Avery down to his basement; it was like our basement at home, it had been fully finished; there was comfortable furniture, a big flat screen TV and enough space for all of us to spread our sleeping bags on the floor. Avery made me feel very at ease in his home and out of now where I felt tears running down my face. You see, the day's events had taken their toll on me but I'd held it back, thinking that George and Nancy might cancel my plans for the evening. I felt relaxed with Avery and my emotions kicked into high gear. "Hey, hey, what's the matter?" said Avery, when he turned to face me. "I'm sorry, I don't know why this is happening now, I'm okay," I babbled. "What happened in court today?" asked Avery. I quickly brought him up to speed on my court appearance and then he surprised me by pulling me close and hugging me tightly. I savored that hug, rested my chin on his shoulder, felt the soft skin of his neck against my check, smelled his fresh, clean scent, Irish Spring with a hint of some light cologne. He rubbed up and down my back, his touch was so soothing, even more so then Jamie's. "I'm sorry you had to go through that today but you did the right thing," said Avery, "You're not a bad guy, no matter how much that prick hurt you, you aren't the type to kick someone in the balls when they're already down." "I know, I'm really ok, it's just all the stress I guess," I said, as I pulled back and wiped my eyes. Just then the doorbell rang. "That'll be Tim and Robbie, are you sure you're ok?" "Yeah, I'm good, go answer the door, it's cold out there," I smiled weakly. My mood returned to normal and I was able to enjoy the company of my friends, in fact, we had a great time. Avery's mom got home about an hour after Tim and Robbie got there, bringing pizza with her. We took ours down to the basement and sat around the game table, wolfing down slice after slice. "So what do you miss most about New York," Robbie asked, between bites. "Hmmm, this," I said, holding up my pizza, "food in general I mean, you can get anything you want, anytime you want, in Manhattan." "Cool, what else?" he followed. "Well, have any of you ever been there before? I asked. They all shook their heads no, their mouths to full to verbalize a reply. "Well, it's different, there are people everywhere, and sometimes you almost feel trapped, the buildings feel like these big canyons of glass and steel, but then you get to an open area like Central Park and you just feel, I don't know free," I stated. "Sounds like London," said Tim, causing the rest of us to roll our eyes. "You don't have to worry about feeling trapped here, this is about as small town as it gets," said Avery. "Yeah, I've always liked coming up here," I smiled. "I got question," said Tim, in his faux-cockney accent, "What was it like going to school at Hogwarts?" "You mean Choate?" I laughed. "Right, that's the place," said Tim. "Well, it was different then John Adams, bigger, but not as many students," I explained, "classes are different to, you sit around a big table, instead of desks and there's usually only ten kids in a class." "Nah mate," said Tim, "what I mean is, I heard that posh birds are total filth." "Oh, I think you'd be a little disappointed, I thought most of them were stuck up," I explained. "I'll stick it up, right up," said Tim. "Been fingering yourself again?" asked Robbie. Avery and I busted out laughing as Tim leapt on Robbie and wrestled him to the ground. The two friends rolled around for a few minutes, until they got tired and finished their pizza. After dinner, we played video games for a while, then decided to get ready for bed and pop in a DVD. It was just us boys in the basement, so we all started to strip down, like in the locker room. I had my back to the guys, while pulling up my pajama bottoms, but I turned when I heard them giggling. "What are you doing?" asked Avery. "I'm putting on my pajamas, what's it look like?" I asked, noticing for the first time that they were all in their t-shirts and underpants. "No, no, no," said Robbie, "Little boys sleep in pajamas, men sleep in their underwear." "Oh, ok," I replied, shucking off my pj's and tossing them over my shoulder. With the next Batman movie coming out soon, we decided to watch The Dark Night. We'd all seen it before so we ended up talking and joking around through most of it. We laid our sleeping bags out on the floor, we were laying on top of them, using some blankets Avery pulled out of the linen closet, for warmth. Robbie was on the far side, Tim was next to him and Avery was next to me. We were sitting closely and every time Avery's naked leg brushed against mine, I felt a tingle. Eventually, Robbie and Tim fell asleep, we turned off the movie and settled in ourselves. I was just getting comfortable when Avery spoke up. "Hey Benji, I wanna tell you something," said Avery. "Sure, what's up?" I asked. "Well, this is really personal and I don't want you to freak out," he said, nervously. "Ok, what is it, you can tell me," I said, seriously. "Well, it's just that you and I have been getting really close, and I consider you my best friend, but there's something I've been keeping from you cause I wasn't sure how you'd take it," said Avery. I waited in awkward silence while Avery worked up the courage to tell me what he'd been holding back. "Well, you see, I'm uh, gay," Avery confessed. "What? Really?" I exclaimed. "Yeah." "Wow, I had no idea," I replied, I really didn't "You're not mad are you, you don't hate me?" he asked, timidly. "Avery, of course not, you're my best friend too, I don't care," I replied. "Well, that's a relief, I didn't know how you'd take it and I didn't want to lose you," said Avery. I know what you're thinking, and I wanted to tell him about myself but I was to stunned by his announcement. Avery is the most beautiful boy I've ever known, I've had a crush on him since the day we met. I was thrilled to find out that he was like me, but he'd been nervous and scared to tell me. My first instinct was to jump into his arms and tell him the good news but I felt like this was his time, it had taken a lot for him to come out to me; I didn't want to overwhelm him, especially with our friends sleeping a foot away. "Does anyone else know?" I asked. "Just Tim and Robbie, and my parents," said Avery, "You won't tell anyone will you? I was impressed by Tim and Robbie, that was a big piece of gossip and they never once even hinted at it. Friends like that are rare and I was glad I was growing so close to them. "Of course not, I don't think it's anyone's business," I replied, "but I think it was very brave of you to tell me." "Thanks," said Avery. The lights were out, it was pitch black in the basement, but I could tell he was blushing. He got quiet after that and his breathing slowed, he'd fallen asleep. I was too excited to fall asleep that easily, I was thinking about how I was going to come out to him. I lie there, listening to him breath, then I reached over and put my hand on his flat tummy. His skin was warm and smooth and I rubbed it gently, feeling my fingertips brush the waistband of his red Hanes briefs. Avery let out a soft murmur and I pulled my hand back. When his breathing returned to its normal rhythm, I patted his chest gently, then draped my arm over him. "Good night Avery, I love you," I whispered.