Date: Fri, 6 Aug 2010 14:41:13 -0700 From: Justanother Author Subject: Speedo Boys 21 Here's the next installment of this story. I hope you enjoy it. I would appreciate any feedback of a positive nature, and of course, flames will be ignored. You can Email me at: HermesAuthor@gmail.com DISCLAIMER: The usual Copyrights exist on this any all of my works. This story may involve sexual contact between Adult Men and Younger Males, two Boys, or two Adult Men. If this type of story is not to your liking, or for any reason is forbidden where you live, please, PLEASE, delete this file and stop. If this is to your tastes, then I hope you enjoy this story, for that is all it is. Fiction, Fantasy, the musing of the Author's mind written and shared with you. I do not in any way condone, support, or promote any illegal act in any jurisdiction. But, thank God, we still have the right to SAY anything as long as we don't DO anything. So, without any further ado, Please enjoy. Hermes -*- Speedo Boys Chapter 21 -- Matt and Cole's day in court From Last time: The two couples entertained each other. Devon and Cole were very comfortable with each other sexually and slowly and tenderly made love to each other several times. James and Tom, being less experienced were a bit more awkward. Tom had both fucked and been fucked by Devon and Cole so he took the lead. He instructed James the proper techniques to prepare him and James had the opportunity to feel first hand what it felt like to put his penis into another person's body. He was amazed at the feeling of heat and pressure on his dick. It only took a few strokes until he spooged into Tom's anus. Tom then swung James around and buried his tongue into James' hole, giving him another first, his first rim job. The feeling was foreign to James, but also quite nice. Eventually, Tom lifted James' legs up, pushing them back toward James' shoulders. He instructed James to hold his legs behind his knees as Tom took the lube and started massaging James' virgin pucker. Once he'd felt the resistance diminish from the external rubbing, he gently inserted his pinky finger in to the first knuckle. He heard a gasp from James and asking if he wanted Tom to remove it and receiving a negative response, Tom held his finger there until the spasms he'd felt at his intrusion abated. Then he pushed in slightly further, repeating the process until his digit was fully imbedded. He finger fucked James a short while with his pinky before adding another finger. After about 30 minutes of preparation, James was begging Tom to finally fuck him. Tom lubed his rampant throbbing erection and pressed the head against James' pucker. He explained to James to push out as he pushed in, this would minimize any pain. Tom started pushing forward, feeling the resistance when James started pushing back. He felt his head enter James and a loud gasp was heard. He stopped cold. He held there, asking if it was okay, and after minute, James said, "Yeah, go on now, I'm used to it more." It took another 20 minutes until Tom was fully inside his new lover. He waited a minute then began slowly fucking the former virgin. The excitement of deflowering someone, and the long time it had taken to get this far caused Tom to cum after only 4 full strokes. James loved the feeling of Tom's seed spraying his insides. He decided that, even though he loved the feeling of fucking Tom, he preferred Tom fucking him. Exhausted, the couple collapsed and fell off into a deep sleep. Devon and Cole had watched the display and Devon said to Cole, "I was beautiful, don't you think?" Cole smiled and asked, "Is that what we looked like the first time? I love you so much Devon!" Devon smiled, kissed his lover and held him as they both fell into a peaceful sleep. Chapter 21 -- Matt and Cole's day in court. It had been a comfortable few days since Tom and James and been introduced and it was late evening on the night before the court case the next morning. Devon had heard from both that they were rapidly falling for one another. It made him feel good to have been a part of making two of his friends so happy. He'd told Cole and was a little surprised at his reaction. Cole almost seemed jealous. "What's wrong?" Devon asked Cole. "I dunno, it's just... I can't put my finger on it. What we have is so special, I guess I'm just a little jealous that someone else can feel in a way I believe should be just for us." Devon took Cole into his arms. "Baby, what we have IS special. I think it's wonderful if we had a part in Tom and James being able to feel like we do. In a way, it makes our relationship even more special." Cole looked at Devon with a tear streaming down his face. Devon continued, "You're worried about going to court tomorrow, aren't you." "I'm scared, Dev. What if they don't let me stay with Matt? Even worse, what if they wont let me stay with you either. That'll mean I wind up in a fucking group home, and you know, I'll run away as soon as I get there." Devon held Cole by the shoulders and looked him straight in the eyes and said, "Baby, I wouldn't worry about it. I know Matt and Judge Phelps are doing whatever they need to in order to make this happen the way it should. According to Mom, she talked to a lawyer about it hired him to be at the hearing too in order to watch out for your rights. I'll be there, right beside you, no matter what." He took Cole into his harms again and the two hugged tightly. They spent the rest of the day together. Little was said about the court case the next day before the couple undressed and hopped into bed. That night their lovemaking was tender. Everything centered on making Cole as comfortable as possible. Cole fell asleep being held by Devon. * * * The morning of the court case, Matt was nervous. He'd put on and then taken off four different suits. The funny part was, they were nearly identical. Eventually, he'd gotten himself dressed. He was on his way to the front door when there was a knock on it. He opened the door and Arthur was there. "I expected you'd be a nervous wreck, so I decided to come over and try to calm you. You're worried for nothing at this point. The time to worry will be once you're in the courtroom. At that point, you're at the mercy of the Judge. I've done what I can at this point." The two left Matt's house and, in Arthur's Jaguar, drove to the courthouse. Arthur had cleared his calendar in order to be in the courtroom for the hearing with Judge Feiner. He was still licensed as a lawyer, and he asked Matt to give him one dollar. Matt did then asked, "What's the dollar for?" "You have just retained me as your attorney to represent you for the hearing before Judge Feiner." Matt looked at his Mentor and a smile broke out on his face, "You sly assed son-of-a-bitch!" Arthur chuckled as they pulled into the private parking area for Jurists. They walked the short distance to the main courthouse, then out the front door and across the street to the Family Court. Devon, Cole, Donna, and a man Arthur knew to be a family law lawyer were standing outside the courtroom talking in hushed tones. Apart from them, Matt noticed the CPS director and another guy in a very fancy suit. Moments later, Matt felt a tap on his shoulder. John was there. He whispered into Matt's ear, "I'm here to act as a witness on your behalf if you want me to." He then kissed Matt on the cheek. Before Matt could respond, the doors to the courtroom opened and the Bailiff said, "All those having business before the family court may now enter, please make certain that all cellular phones are switched off. Her honor doesn't like cellphones and she asks me to remind all of those present to make sure they're OFF, not just silent." He then stepped away and allowed those waiting to enter. The CPS (State) contingent entered first. Followed by Devon, Cole, Donna, and their lawyer. Matt and Arthur, followed by John entered last. They took their appropriate places in the courtroom and sat, speaking very quietly to each other. Matt told Arthur about John making himself available as a character witness, to which he nodded. Matt was certain Arthur had his game plan all set. Moments later the Bailiff stood and said in a loud and authoritative voice, "HEAR-YE, HEAR-YE, ALL RISE. THE FAMILY COURT FOR THIS STATE IS NOW IN SESSION. THE HONORABLE MICHELLE FEINER PRESIDING, ALL THOSE HAVING BUSINSS BEFORE THIS COURT SHOULD APPEAR NOW AND YE SHALL BE HEARD." Michelle strode in, stood at her desk, up high on a platform, looked down on the room and said, "My, we have a full house today. Please be seated." She paused a moment, "Before I have the Bailiff call the case, I want it known that I will not tolerate any outbursts from anyone in the room. This is FAMILY court and is MY domain. That being said, Bailiff, can you call the calendar." The Bailiff again rose and said, "Your Honor, there's only one case on the docket for today. It's a custody matter. Child Protective Services, The petitioner, and the child are all present. I call the case of CPS vs Johnson in regards to the minor child, Cole Allerd." Michelle nodded to her Bailiff, "Thank you, Henry. Will the counsel for the parties rise and introduce themselves to the court for the record." The three attorneys stood. The CPS Attorney addressed the court, "Hyram French, Deputy District Attorney, for Child Protective Services." He then, after receiving a thank-you from the judge sat. The attorney Donna had hired for Cole stood, "Theodore Averill representing the child, Cole Allerd, Your Honor." Also, after being acknowledged by the Judge returned to his seat. Arthur stood, "Arthur Phelps, attorney for the petitioner, Matthew Johnson, Your Honor." "My, My. Mr. Johnson, you have esteemed representation today. It's a little unusual for a sitting Judge to act as attorney, but, it's legal and I'll allow it." Arthur returned to his seat, the hair on the back of his neck standing. "In question today," Michelle began, "is that of custody of one, Cole Allerd, a minor child in the eyes of the law. Since his removal from the home he has been in the temporary custody of Dr. Donna Williams, Dr. Williams, the court would like to thank you for your service." This last said directly to Donna who remained silent. Michelle continued, "Child Protective Services has filed a recommendation that the foster care license be denied. I have reviewed their reasons and am not fully convinced as to their position. This hearing will follow this pattern, First, CPS will present it's case. Then, the Petitioner can counter their argument. If desired the attorney for the child may make a statement after that. Once those are concluded, we'll go back to CPS for rebuttal, and so on, ONCE. Then I'll want to talk to the child directly, in chambers. Once that is concluded, I'll give you my verdict. Do I make myself clear that there are to be NO interruptions or outbursts?" All parties nodded their understanding. Cole was sweating and shivering. He was literally terrified. Hearing that CPS had recommended denying Matt's application scared him. Devon was as scared, but didn't dare show it or he'd scare Cole even more. Arthur had expected this and was prepared. Matt was beside himself. He felt a reassuring grasp to his shoulder as John made sure Matt knew he was there for him. Michelle said, "Mr. French, you may now present CPS's positon." "Your Honor, Thank you. Child Protective services has the privileged responsibility for the Health, Safety, and Welfare of the weakest of our citizens. Their job is to insure a wholesome environment for those children unfortunate enough to require their assistance. In so doing, CPS does extensive background investigations on every person wishing to provide such care. Part of this responsibility crosses what is normally a taboo. Not only the child's physical safety is at risk, but their emotional and moral safety as well." He continued, "CPS organizations around the country have been researching allowing Homosexual men and being allowed to Foster, and it's the general consensus of those studies that it's not an appropriate environment for a child to be raised in. Mr. Johnson checked out fine. Had he been a Heterosexual in a marriage, nothing would have stood in the way of his license being granted. If you add into the equation that the minor child in question has also declared that he is Homosexual, the department cannot in good conscience recommend approval of this arrangement." He finished with, "This begs the question of where will the child be placed by CPS. Until today, the child has been in the care of Dr. Williams. CPS would request that Dr. Williams custody also be ended. The minor child is in, by his own admission, a sexual relationship with Dr. William's son. Again, CPS feels that this is unwholesome for the child. CPS is prepared, subject to the court's ruling, that the minor child be taken from this very courtroom to one of our group homes to await possible adoption by a suitable MARRIED COUPLE. Thank You, Your Honor." He sat with a smug look on his face. "Do you have anything you want to add to this position, Mr. French, any precedent?" Judge Feiner asked. "No, your honor. CPS's position is clear, as well as their reasoning. I didn't feel it necessary to research precedent." "Very well, you are aware that my decision here will be final, no appeal is available to the state. MISTER Phelps, it's your turn." Michelle said, emphasizing the Mister instead of referring to him as Judge Phelps. Arthur held his tongue, as far as Michelle's comment. "Your honor, first, thank you for allowing me to represent Mr. Johnson in this matter. (He thought it might help his cause to boost the bitch's ego.) I sat shocked hearing some of the state's position. Our country has long held a separation of church and state. I needn't tell you, our job in the legal profession is to review the LEGAL aspects of merit, not the moral implications. Homosexuality has existed for many thousands of years. Some of the greatest minds in our time, were homosexual. Not to mention that many of those had been in inter-generational relationships which fostered their mental development to the point of being able to become such great men. But we're not here to argue for an inter-generational relationship. We're here to decide if someone should be allowed the immense responsibility of guiding one of our youth to adulthood. The sexual preference of either the Adult or the minor child should not come into play. If you refer to the Federal Register for 2005, the Case of CPS vs Anthony out of this district comes to mind. In that case, the Federal bench overturned a previous denial of a Foster care license solely on the basis of the applicant's sexuality. The opinion of the Judge who overturned the ruling in that case stated, and I quote 'By CPS's own admission, had this individual not been Homosexual, their application would have been approved. It is the opinion of this court that this constitutes unfair bias and discrimination against a Federally protected Class.'" Arthur continued, "CPS hired an investigator to review Mr. Johnson. I have a copy of his report here, let me quote, 'This investigator spent a great deal of time getting to know everything that was knowable about the subject. Whereas some of the information listed would make one believe that this individual is incapable of stability, it is the opinion of this investigator that this assumption is invalid. After interviewing several individuals, who wish to remain anonymous, it is the belief of this investigator that the subject is a fine upstanding member of the community with the respect of virtually everyone who knows him. It is the heartfelt recommendation of this investigator that the subject's license request for a Foster Care License be granted at the Department's earliest ability.' Subsequently, the investigator was terminated from his job with CPS because he wasn't willing to go along with the discriminatory practices and file a report detrimental to the applicant. He's here in the courtroom and I can call him as a witness if needed." Michelle interrupted. "Sorry to break my own rule, but," she turned to the CPS contingent, "Why was this report and recommendation not in your file to the court?" Attorney French stammered, "Your Honor, it was deemed that the investigator was being inappropriately biased and should have told his management that he'd previously been in a Homosexual relationship with Mr. Johnson. His termination was not due to his refusal to cater to CPS's Policy. It was because he'd acted inappropriately in relation to his job." "Are they still in a relationship, Mr. French?" She asked. French turned to the Director who shook his head. "No, Your honor, they are not." Michelle frowned, "Very well, I am sorry Mr. Phelps, do you have any more?" "I do, Your Honor. In the case of California vs Roberts in 2008 it was stated that 'denial of a Foster Care License solely on the basis of the Applicant's or the Child's sexuality does not forward Justice.' This came from the Presiding Judge of the Family Court in Tulare County, a very conservative jurisdiction in our fair state. Mr. Johnson has shown in many ways that he would be the perfect parent for young Mr. Allerd. Also, after talking to the child, it is his desire to be raised by someone who would understand his needs related to his sexuality. It is the hope of Mr. Johnson that you consider all this and not heed the recommendation of Child Protective Services and allow Mr. Johnson the ability and honor of raising such a wonderful human being as Cole Allerd seems to be, and to nurture him to become all that he is capable of becoming. Thank You, Your Honor." With that, Arthur took his seat. Mr. French said to the Director, just loud enough for Arthur to overhear, "We lost this one Jake." Judge Feiner said, "Thank you, Mr. Phelps. I have the referenced precedent in your packet and I will take them into consideration. Mr. Averill, do you have anything to state?" Theo Averill stood, "Your Honor. My esteemed colleague has stated things quite nicely, my only request is to call a single witness." "Proceed, Mr. Averill." Michelle said. "I would like to call the minor child, Cole Allerd to the stand." He said. He'd prepared Cole for this, but Cole was visibly nervous. Michelle interrupted. "Mr. Averill, I will speak to the child in chambers, the attorneys are welcome to be present, but cannot say anything in chambers. I know it's out of the order I've stated previously, but, I think it's appropriate for us to do that at this point." Averill said, "Your Honor. My Client is a very sensitive young man. He requests that his friend, Devon Williams, be allowed to accompany him. Young Mr. Williams has been instructed that if you allow it, he may be there only to provide emotional support to his friend. He will not be allowed to say anything." "It's unusual, but if there are no objections from the counselors, I'll allow it. Would the FIVE of you, please join me in Chambers." Cole, Devon and the three lawyers stood and followed the Judge and court reporter into Michelle's chambers. In chambers, Michelle sat in an easy chair. Devon and Cole sat, hand-in-hand on a two person couch directly across from her. On the side of the room, the lawyers sat in standard wooden chairs. "Ok, let's get down to business, shall we? Cole, I can see that you're nervous, I assure you, there's no need to be. Can you tell me, in your own words, why you want to stay with Mr. Johnson?" Devon was trying to send all the love and support he could to his lover via his hand. Cole began in a very nervous and shaky voice, "When I first came to the realization I was gay, I was really scared. I mean, why would someone WANT to put themselves through all that, especially in our society. For a long time, I tried to hide it, even from myself, but I just couldn't. One day, Devon came over and we got to messing around and one thing led to another. He told me that he'd thought he was too and introduced me to Matt. Matt was really cool. He told me that being gay wasn't the end of the world. He made me feel like a decent person even though I didn't feel like much of one. I guess he kinda acted better about it than my own dad did. He tossed me out and then tried to kill me. I feel safe when I'm with Matt. Even safer when I'm with Devon, but living with Devon and his mother won't work. I love Devon and it wouldn't feel right being his foster brother and lover too. I don't think going to a group home would work either. I have heard from friends who live in them that go to school with me that gay kids there are really treated badly. Not only by the people who run the group home, but when the other kids find out, they're usually subjected to lots of forced sex by the older boys. All I know is, I want to live with Matt. He's a great guy, and I think he can help me to be a great guy too." Michelle saw the anguish going through this very scared yet very articulate young man. But she felt it needed to ask, "Cole. Has Matt ever given you any reason to think he was attracted to you sexually?" "No Ma'am, I will be totally honest with you, I tried to get him to do stuff with me. He told me that he was there to guide me with his words, not with his body. He told me that Devon and me were meant to be a couple and if I was going to be sexual I should do it with someone my own age, like Devon." Michelle nodded then said, "I know you were told you cannot speak, but Devon, do you have anything I need to know about?" "Only one thing, Ma'am. I love Cole with all my heart, and I want him to be safe and happy. I know in my heart that Matt can provide for him. I hope you will allow Matt the opportunity, even if it's just on a trial basis. I know that at the end of the trial basis, you'll see that Matt is a good Parent for Cole." Michelle thought, 'Out of the mouths of Babes come the perfect solution.' But she said, "Ok, thank you Devon, Thank you Cole. You five can go back to the courtroom, I'll be out in a little bit with my Verdict." Mr. French started to protest. "Your Honor, do we get an opportunity for rebuttal?" "Do any of you other than Mr. French have a rebuttal?" Michelle asked. Seeing the other two attorneys shake their heads she said, "You have 3 minutes, Mr. French." "I cannot believe that you would grant this request, Your Honor. Precedent or not, this is the wrong thing to do. It's not appropriate for a Gay man to raise a boy, let alone a Gay boy. There are too many opportunities for child abuse." "Is that all, Mr. French." She asked with irritation. Hearing his reply that it was, she excused them to the courtroom while she pondered her verdict. * * * When they returned to the courtroom, Cole threw himself into Devon's arms. He was sobbing. Devon held the boy who he'd devoted his heart to but in his mind he knew it was going to work out. Arthur was talking to John and Matt who had been talking with Donna while they were in chambers. Arthur said, "If she comes back with anything other than Cole going home with Matt today, I'm prepared to file an immediate appeal, and I have another judge who will sign a stay of execution with a phone call to stop CPS from taking Cole." Matt looked at his Mentor, thankful he was so prepared. Ten minutes later the Bailiff announced, "All Rise, This court is back in session." They all stood and Michelle returned telling them to be seated. She looked at everyone in attendance then sat. "The matter before us today is in many ways the single most important function of our Family Court System. Without this body, various agencies would be able to run rampant without virtually any oversight. This court stands to provide that oversight. Regardless of Precedent, it is a very difficult decision to break with the traditions that have served our community for so long. Regardless of how I personally feel, I need to be certain that the welfare of the child can be guaranteed. Not just assured, but GUARANTEED! I have heard some very disturbing testimony today. To think that we allow individuals to tout their own religious verve in the performance of official capacity astounds me, however, in many ways, their arguments have validity. As the Counsel for the Petitioner stated so aptly, our job here isn't to gauge the moral aspects but to ascertain the legal aspects of this case and decide it's outcome based on the merits of those aspects. When I first read this case, I was ready to go along with CPS's recommendation. However, on further research, finding several other cases other than those presented by Mr. Phelps, it is the opinion of this court that a special child advocate be retained to monitor this child." She paused and Cole was now expecting to be told he'd have to go to a group home. Michelle continued, "Mr. Averill, since you are aware of this case, and you are listed in the court's child advocates approved list, would you be willing to accept responsibility for monitoring this child for the next six months?" "I will, Your Honor." Averill replied. "Good. Then it is the judgment of this court that... From this date, for a period of six months, Matthew Johnson will have a temporary Foster Care license and the charge of becoming the Foster Father of one Cole Allerd. Cole, your statements in chambers held a great deal of weight with me, those and the comments of Devon Williams sealed the acceptance of your staying with Mr. Johnson. You too have a responsibility here. You need to make certain that you do as you are told. You learn how to become the best person you can be. I have every confidence that with the guidance you will receive and the love and support of your 'friend' come six months from today, you will placed permanently with Mr. Johnson. I wish you all the best of luck." Cole said through his tears, "Thank you, Your Honor, I promise to be the best person I can be." Then he hugged Devon, crying into his shoulder. Michelle wiped a single tear from her own eye and said, "This case is dismissed until a date 6 months hence, you can speak to my clerk to arrange a date and time for the hearing." With that she left the courtroom. The CPS Contingent left without a word as the others were in high spirits. Mr. Averill approached. "As your advocate, Cole, it's my job to make sure you're being properly treated. Mr. Johnson, when would be a convenient time for me to come visit with you and your son?" The sheer magnitude of hearing it for the first time hit Matt. Cole was now his son. His heart swelled. "Mr. Averill, please call me Matt. You are welcome at any time, day or night. Here's a card with my home and cellular numbers on it. Cole doesn't have a cellular, but by the time we get home he will have. I will get you his number as soon as he has it." He turned to Cole, "So, shall we go home, Son?" Cole laughed and said, "Is it okay if Devon comes over for a sleepover, Daddy?" Everyone assembled laughed uproariously. The next six months were going to be interesting. Coming Soon -- Chapter 22, Father and Son.