The Devil and Brian Kinney

Finale

======================================================

Brian sat in the garden outside the hospital chapel, waiting for word that Mel's condition had improved sufficiently that he could take her home to Lindsay and Gus. It was ironic, seven years had passed and he was right back where it had all started. There was no way Mel would be able to argue the closing tomorrow, and despite how well she had presented the evidence, without her to tie it all together, Brian feared he would be fucked without lube once De'Ville placed the jury under his spell.

"Life is comprised of circles, you just have to make sure you're moving in the right direction, or you find yourself all alone in the middle, instead of reaching out, growing, learning." Brian glanced up from the stone bench where he sat and for the first time saw an older man sitting nearby.

"No doubt you're right, but I usually have to be high before that type of profound statement has much impact on me," Brian drawled in his lazy way. He had to take this kind of shit from Debbie, he sure as hell didn't have to listen to it from a total stranger. Unfortunately, the old man showed no more sensitivity than the red headed waitress did; he merely chuckled at Brian's attempt at a rebuff and moved closer.

"So what's wrong? You look pretty troubled for someone as young and beautiful as you. And no, before you flinch away in horror, this old man isn't hitting on you. I'm simply stating a fact. While I'm too old to think that beauty is a guarantee of happiness, I'm not so old that I can't appreciate that looks such as yours don't come around often in this world, and I'm wise enough to recognize that you aren't the type to waste your looks either. I'm sure you use them to good advantage to complement your brains. Bet you're a successful professional man. So, money isn't the problem. Hmm, wouldn't think that your health was either, you don't have that kind of sadness to you. Regrets, yes, lack of time, maybe, ill health, no, not presently. Is it someone close to you who is sick, son?"

Brian had remained still as the old man went through his analysis but the keen old eyes looking at him so kindly and the deep voice calling him "son" almost made him lose it. He'd never seen such concern in his own father's eyes nor heard that word in his own father's voice spoken with such loving kindness; the only man who ever treated him like a son was....

"Vic?" Brian's voice broke on the word; he was almost afraid to look the other man in the face, but the old man was already shaking his head gently.

"Vic is dead, Brian, you know that. But maybe I can help in his place. In truth, I do know what your problem is, I wondered if you did. If Vic could be here, he would be, but he does want you to have help. So I'm here. Maybe between the two of us, we can help you figure out what it is that is important for you to say to those men tomorrow. What will help them reach the right decision."

"You'll help me win?" Brian asked, feeling some hope for the first time since he saw Mel start to collapse at the tavern that afternoon and realized De'Ville was behind it. This man knew his name, knew Vic. The thought briefly occurred to him that it could be a trick, but a deeper look into the keen old eyes, so reminiscent of Vic's, made him reject that suspicion out of hand. He knew he could trust this man. He had been sent by Vic, of that Brian had no doubt.

His companion's eyes twinkled. "Help you win? Why no! That would be cheating! Our side, unlike your adversary, never cheats." As Brian started to question the usefulness of his assistance, the older man held up an elegantly thin hand, "We won't cheat, but, we happen to believe that if we aid you in aiding the jury to reach a just result, then my Boss, you, and Heaven's finest pastry chef will all happy, and a certain fallen angel will get his latest comeuppance. ‘Nuff said?" The old gentleman smiled gleefully at Brian.

"Well, my name is Brian Kinney, although introductions may be superfluous for you, since you seem to know who I am, but I have no idea who you are, sir, other than that Vic seems to have sent you, which is enough, I guess, so it's a pleasure to meet you." Brian extended his hand.

"Why, son, I thought a bright boy like you would have guessed! I'm Gabriel. The Messenger. It's a pleasure to meet you, too, my boy. Now let's go over some basic rules governing contracts of this sort, before getting into the salient points...."

======================================================

Sitting in the Courtroom the next morning, waiting for everyone else to appear, going over his notes, both those from Mel and those from Gabriel, Brian felt all the insecurities he had been experiencing in the garden wash over him again. He had walked the streets of his young adulthood all night after taking Melanie home. Over her strenuous, albeit voiceless, objections, he had refused to go over the case any more after she was discharged, and advised her that he felt confident that he could handle the closing without her input. That didn't stop her from handing him all the notes she prepared while waiting to be discharged. She wrote a full closing out for him, he found. He didn't tell her about his celestial help; he was afraid she would think he had lost it. He was a little afraid he had gone off the deep end himself.

Once at the muncher mansion, as he called it, he declined her gestured invitation to come in. He didn't want to see Lindsay and Gus again until he knew the trial's outcome. He was afraid to be around anyone he cared about until he knew what his fate would be. He also didn't want to risk any more events like Mel's accident at the tavern. For the same reason, he didn't intend to sleep at the loft that night. He longed to hold Justin, but he feared he wouldn't be able to let go.

Shortly before dawn, Brian returned to Kinnetik to shower and dress for the day in a fresh suit, thereby avoiding seeing Justin again. He had said his goodbye the night before the trial started. If there were to be no more nights together, he wanted Justin to have that perfect, romantic memory of their last night together, not one of a tense, distracted lover. A pathetic lover. He had arranged for Cynthia to cover for him by scheduling a fake overnight business trip out of town. He had already checked in on his cell phone to say goodnight as was their custom, and he managed to be suitably responsive to Justin's efforts at phone sex. At least he thought he was. If he was a bit intense when he said goodnight, he didn't think it was anything that would cause Justin to become alarmed. He didn't notice he said "goodbye" instead of "later" until after he hung up, but assumed Justin would be too sleepy or sated from the phone sex to notice.

Brian misjudged his boy. Within thirty minutes of Brian's hanging up the phone, Justin was banging on the door at Mel and Lindsay's house, demanding entry and answers. Thus it was that Brian's reverie in the courtroom was interrupted by the arrival of his attorney and her new paralegal, one very determined looking Justin Taylor, as well as her new assistant, one very protective looking Lindsay Peterson. The defendant took one look at this entourage, put his head down on the table and covered it with his arms, in a position of defeat. The old man, Gabriel, who appeared suddenly sitting just behind defendant's counsel table, laughed delightedly at this show of support from defendant's friends. The plaintiff, who appeared almost simultaneously with Gabriel, noted it with less approbation. He greeted Gabriel's presence even less favorably.

"What in hell are you doing here?" he growled, jabbing a finger at the older, shorter man's chest.

"Now really, Luc, is that any way to greet an old friend? And is that any exclamation to use in conjunction with one of your old friends? Your new ones, perhaps, but one of the old gang?" Gabriel chuckled. To everyone's amazement, Lucifer actually smiled, a genuine seeming smile, and he answered the smaller man in a much calmer tone.

"Perhaps if my old friend would appear in a more familiar guise I might recognize him? Come now, Gabriel, I know you aren't one for tooting your own horn, but this Father Time garb is a bit much even for you. If you would please appear as the Archangel you are, I would consider greeting you in the manner befitting your station. Until then, a growl is all you get. I assume you are here to make sure there is no funny business in this one?"

"You got it in one, dear Fallen One. And while I don't presume to your beauty, since I understand the humans will not have a recollection of this later....," Gabriel smiled at Brian apologetically and then with a glow of light that caused all humans present to close their eyes reflexively, the old man was gone and in his place was a tall, golden blond man, beautiful almost beyond description. Indeed, he looked a little bit like an older, taller version of Justin, with bright blue eyes, pale golden hair, and porcelain skin that glowed with an inner light. There was a touch of sorrow in the ageless eyes as they gazed upon the darkly handsome visage of Lucifer, then he stepped forward and clasped the Devil in a close hug.

"Will you let the boy go, Luc? You know your claim is not valid. Don't let it go to the jury. For my sake, if nothing else, will you give this one up?" the blond angel asked in a low voice. Satan held his old friend close for a long moment. Brian and the others held their breath as it seemed that he really might be considering the request. Finally he replied.

"What will you give me for him, Gabe? What's the soul of an Archangel going for these days?" As he said it, Satan moved suggestively closer, grinding his body against the other being's, and crushing his arms around him tightly.

The blond angel flinched away. In a flash, he resumed his former guise, that of a genial old man. Laughing, Lucifer released his hold. Brian looked at Lindz and Justin; they had been frozen in place during the exchange and seemingly saw nothing. Only Mel and he had witnessed it. Mel still couldn't talk but he could tell by the horrified look in her eyes that she understood what had just transpired. Satan had just tried to tempt one of the Archangels as he put in a word on Brian's behalf, to try to tempt an old friend who reached out to him in friendship despite his fallen status; how low could Satan go?

"No? Not interested, my friend ?" De'Ville sneered. Then he turned with a smile to Justin and Lindsay, who were unfrozen now.

"I see you brought quite a cheering section today, Melanie. One might almost think this was your first closing." Mel was ready to do a little growling herself, in frustration, but Lindsay held her partner back. Much as he was sorry to see them walk in, Brian could see where Lindz and Justin might come in handy, by keeping Mel under control while he was otherwise occupied trying not to make a complete fool of himself. He undertook to answer De'Ville, mimicking the devil's smooth, mocking tone.

"Actually, they're here to watch my first jury closing. Mel had a little accident with a crab dish yesterday and is feeling a bit under the weather, so I'll be joining you as a pro se litigant."

De'Ville smiled broadly at Brian's announcement.

"Are you sure you want to do that, Brian? Perhaps we can discuss terms? Maybe an extension on your original agreement in exchange for a concession now? You don't really want to go before that group of piranhas and plead for your life, do you? We can work something out now to give you more time with your hot little blond here. More time so that just about the time he'll be getting tired of you anyway, you can come to me, and live a pampered life as my concubine, in a place where no one ever grows old. Just like you've always wanted, Brian." Satan's voice grew deep and sultry, like the golden lover one always dreams of, the same one who always disappears in the harsh light of day, leaving you alone on cold empty sheets. Justin flushed red and would have answered but for Lindsay and Mel holding him back this time.

Brian started to respond but Gabriel interrupted dryly, still in his old man's body, "Funny, that isn't the image I always held in my mind of Hell, all cozy rendezvous with handsome studs; Lucifer, you devil, have you been holding out on all your old friends? Why haven't we been invited to any of your parties? Oh wait, we wouldn't come, can't stand the heat so we stay out of your kitchen, that's what it was. Better warn Brian to bring his extra strength moisturizer if he takes you up on your tempting offer, SPF 212 might do the trick. He wouldn't have to worry about skin cancer, of course, but you wouldn't want his pretty skin burning off, now would you? I understand that has been known to happen to the newcomers."

De'Ville glared at his former friend. Brian simply laughed, much to the amazement of all five of the others present, angel, fallen angel and humans alike.

"Sorry, but I think I've learned my lesson and there will be no more contracts, extensions or otherwise, with Mr. De'Ville, although I do appreciate the opportunity to do business with such an illustrious person, and never fault anyone for attempting to renew my contract. Hell, pardon the expression," De'Ville inclined his head cordially, he always did like manners, while Mel, Lindz and Justin continued to look at the two foes as though they were insane.

Gabriel simply looked amused, as Brian continued smoothly, "I didn't blame either Vance or Stockwell when they both tried to get me back at the point that it became clear they were losing me, and to do so was a loss for their side. For my part, I see your offer right now, De'Ville, in much the same light as both of theirs, so I would like to offer you the same courtesy of the chance to walk away now, no hard feelings, without the indignity of having the jury come back and put the final nail in your coffin with a mere amateur at the helm. I'm just another soul to you, but you have your whole reputation on the line before the heavenly and not so heavenly hosts. And between you and me, I'm willing to bet old Gabe here is a gossip such as puts Ted Schmidt to shame." Brian smiled charmingly and stuck out his hand. "What do you say?"

De"Ville looked at Brian's hand for a moment, then let loose with a roar of laughter that shook the rafters of his Hellish Courtroom. Brian pulled in his bottom lip and bit it with his top teeth in a considering way, then very deliberately, as De'Ville was still chuckling, sauntered over and pulled the Devil in close and slowly, and very thoroughly, kissed him. As the Devil stood stunned, not to mention the three human onlookers, Brian released him from the lingering kiss and sashayed over to his seat at counsel table, just as Judge Stonewall and his attendants puffed into view. Mel quickly moved to join Brian while Gabriel pulled Justin and Lindsay down into seats located in the gallery behind them. De'Ville remained standing behind his table, still bemused by the effects of a Kinney kiss.

Seeing him on his feet, Stonewall asked De'Ville, "I note that you are on your feet Counselor, ready to go, excellent! I take it there has been an agreement to switch the normal order of proceedings for this jurisdiction then, in the matter of the order of closings? That is fine, as long as you have no objection, Attorney Marcus?"

Brian stood up, as Mel had indicated would be his duty.

"May it please the Court, due to a sudden, mysterious accident to my attorney, Counselor Marcus, yesterday, which required her hospitalization until late in the evening, and which has left her unable to speak, I am going to be presenting my own closing argument, pro se, Your Honor, with Attorney Marcus remaining as my advisor, with the Court's leave. I am told by a handwritten note from her that we have no objection to Mr. De'Ville going first, Your Honor as I can use all the time I can get." Brian smiled ingratiatingly; the Judge joined in smiling with him.

"Very well, Mr. Kinney, the Court grants leave for you to argue, and wishes you the best of luck. This a tough break and of course we wish Attorney Marcus a speedy recovery, if there should be a change before your time to argue comes, let us know. Counselor De'Ville, as soon as the jury appears, I will briefly explain the change in representation to them, then you may proceed."

De'Ville still looked as though he were regaining his equilibrium. As he turned to address the Court, there was Brian, bending to get something out of his briefcase, placed between Mel and him, thus requiring him to bend away from De'Ville. He bent at the waist, as opposed to crouching, Justin noticed, which would have been his natural movement; Justin knew this because Brian was always preaching body mechanics to him, telling him he wouldn't always have a young man's body that was so forgiving of sloppy posture and poor body mechanics. "Bend at the knees" was a mantra around the loft and at the Kinnetik's office. Yet here was Brian, pushing his ass out at the Devil for fuck's sake and bending at the waist to do it, practically spreading his ass cheeks under his suit jacket! What the hell? Justin felt a pressure on his hand, and Brian's friend Gabriel was indicating with a nod of his head that he look towards the plaintiff.

When he saw the effect Brian's little tease had on the plaintiff, Justin understood its purpose. The jury sat waiting for him to start his opening, the judge having made his opening remarks for the day, but De'Ville stood staring blankly away from them. Brian was sitting now, with his own notes in front of him, looking innocent, studious even, with his reading glasses on. Personally, Justin always thought Brian was one of those men who looked extra sexy in glasses. The first half dozen jurors and the bailiff seemed to agree. They all were staring at Brian lustfully. De'Ville kept glancing his way as well. He began his disjointed closing argument, but there wasn't anyone in the courtroom who was paying much attention to it, including the plaintiff. They all were caught up in the Kinney mystique. Justin, whose memory of the day before had come back as soon as he reentered this courtroom, felt his hopes rise. He wasn't sure what all this was about, but he knew Brian was in terrible danger. It looked now, however, as though he was once again escaping fate, by virtue of who and what he was. Justin grinned at the thought, his big "sunshine smile." Unfortunately, its very brightness was enough to catch Satan's eye and break his daze. He looked between Brian and Justin, and seemed to sense the love that vibrated between them; once again, the sky above Pittsburgh grew dark and thunder sounded .

"Oh dear, I wish you hadn't done that just then," murmured Gabriel.

When De'Ville spoke again, his words had new snap in them. He spoke afresh of contracts made that should be honored between men of good faith, of a world where men counted only on men, relied only on men, loved only men, and why? Because men could be trusted to keep their word when it was important! And when there were found men who could not be trusted, who did not keep their word, who did not honor the agreements they made, nay, who did not have honor, period, there was only one thing to be done with such men, you teach them honor, by making them keep their agreements, make them pay what they say they will pay. He finished strong, in a booming voice:

"So I say to you now what I said to you at the beginning, teach Brian Kinney, gentlemen, what his mother failed to teach him, teach him to be a man, teach him to keep his promises, teach him to honor his agreements, and make him pay what he promised to pay. I ask for nothing more, but I will accept nothing less. Thank you." De'Ville sat down and smiled at the jurors. He carefully avoided looking over at Brian.

Stonewall looked inquiringly at Melanie, who shook her head sickly. She was unaware of what caused the change in De'Ville, but had watched it with a sinking heart. Up until his turnabout, she had been sure he had blown it and there was no chance that the jury would rule in his favor. He had given them no reason to do so. Stonewall would practically have granted a no-cause, the Devil's argument was so weak. But something had occurred behind her to change De'Ville's whole demeanor. She wished she hadn't allowed Justin and Lindsay to allow convince her to bring them, but short of tying them down, she couldn't have kept them away. Plus, she didn't have the heart to deny them what might be their last chance to see Brian. When that funny old man showed up and said it was the right thing to do, she felt compelled to give in. She still hadn't wrapped her mind around the fact that he was an Archangel. Her people believed in angels; it was an angel came to Abraham and Sarah, after all, maybe this one! Here, in this courtroom? Then, when she reminded herself that she had been arguing a case with Satan for a day, Mel felt light-headed. She pushed some notes over towards Brian, who glanced down at them and nodded at her tensely before standing to address the Judge, who had asked if he was ready.

"Yes, Your Honor." His voice came out slightly higher than normal, as it did when he was nervous. It sounded that way the night Gus was born, Mel remembered. She wished she hadn't remembered that. It made him too human. How she hated him that night, the same night they met Justin; so much had changed since then. Yet even then, hearing his cracking voice, and seeing how tenderly he held Gus, she felt differently towards him. She knew this man would always be a part of her life, just as that small child would be. She just didn't know that she was ready to accept it. God, be with him, she prayed. Amen, added Gabriel, who was able to read her thoughts and amended to her prayer the postscript, ‘God's will be done.'

Brian stood alone in front of the jury of his peers, hands in his pockets, looking at each of them in turn. There they were, the men who passed through his life but briefly, and now had the power of life or death over him, heaven or hell. At least the twink killer was gone, he thought, as he got ready to start his pitch, the hardest, yet most sincere one, of his life. Suddenly, he couldn't do this. These men all hated him, and with good reason. He gave none of them, especially Ethan, any reason not to send his ass directly to hell. Why even try? The devil was right, maybe he should just go for a few more years with Justin, time to watch Gus grow up a little?

Just then, the door to the courtroom opened and two more spectators came in quietly. Gabriel jumped up and with an apologetic nod to the judge, ushered them quickly into seats next to Justin and Lindsay. They were two middle-aged men, looking to be in their mid to late forties, but athletic and fit none the less. One was short, not much taller than Justin, with light brown hair and glasses; attractive in a bookish sort of way. The other was a good looking red head, who wore his stylish clothes with flair, and he seemed surprisingly comfortable in the odd setting, although his partner clung slightly to him. They held hands as they entered, the red head clearly the leader, and the contact was maintained as they took their seats. Their eyes sought out Brian immediately and they smiled as his eyes met theirs, the brown haired man gently, and the red head more broadly. Surprisingly, it was the red head whose tears were falling unchecked, and the brown haired man who appeared now to be holding up his partner, who was overcome with his emotions.

Brian stood stunned for a moment, unable to move or speak. Wisely, to avoid a repeat of De'Ville's debacle during the first half of his closing, Mel stood and whispering as loudly as she could from her badly damaged throat, called for a recess.

"Granted, Attorney Marcus; given that Mr. Kinney is an inexperienced pro se litigant, I believe some time to confer with you is in order, five minutes. Bailiff, remove the jury please." With that, the curious jury disappeared. With a nod to the litigants, Judge Stonewall gruffly repeated, "five minutes, Counselors. Nice job on your closing, De'Ville, rough start there, though," and with that, he too puffed out of sight before De'Ville could make any reply other than a grimace. With only a cursory glance over at Brian's contingent, De'Ville, too, exited the room, using the more conventional means of the doorway for once. This permitted Brian some much needed privacy for his reunion with very old friends.

For a long moment, the three men stood staring as the others held back, watching. Of the onlookers, only Mel and Gabriel knew the significance of the moment, but Justin and Lindsay could tell from the look on Brian's face that something momentous was happening. Then, as they watched, Brian opened his arms, and the two men moved forward into them, to be crushed tight against the chest of the former little boy they had tried to protect when they were just boys themselves. Russell and Tim had been brought to the courtroom by Gabriel to help Brian in his moment of doubt. They wrapped their arms around Brian tightly, Russell pulling the taller man's chestnut colored head down to his shoulder as Tim buried his face in Brian's neck. Both men were whispering urgently to him, cognizant that there were only a few minutes within which to tell Brian all that he needed to know: that he was loved, that he had value, that they tried to come back for him, that even as a young gay couple finding their way in the early eighties, they tried to find him so they could raise him as they promised themselves and him they would.

"We never forgot you, Brian, and we never stopped loving you. It isn't true, what they said, we never harmed you, you know that, little guy, don't you?" The red haired man, Russell, looked at him earnestly. The naked need to have Brian believe him was there on his face.

"I know," Brian gulped, past his tears. He was making no attempt to hold them back, for once. Tim loosened his hold on Brian in order to rub his partner's back comfortingly. Mel wondered what story lay behind Russell's pain; perhaps more adults than the Kinneys had doubted the young teen's innocence, until he began to doubt himself? Clearly his lover never doubted him nor did Brian, the two people in the position to know the truth, but as Brian learned over the years, when enough people treat you as bad, you begin to believe it after a while.

"I don't think you can call him little guy, any more, Rus! He towers over you now! Look at him!" Tim, the brown haired one of the two smiled up at Brian and squeezed his shoulder affectionately.

Brian's own smile back was a bit wavering. "Well, twenty-eight years is a bit of time, a boy can get some growing in."

"Plus, his father was a such a big, tall fellow," added De'Ville smoothly. He had come back into the room without anyone noticing. Russell and Tim flinched at the mention of Jack Kinney, but then turned as one to face the devil. It was Tim who spoke, uncaring that the Judge had quietly resumed the bench and was listening to every word. Stonewall motioned to his Sergeant at Arms to be silent and not announce him yet as he wanted to hear what the short, quiet seeming man said to the Lord of Hades.

"I wouldn't be surprised if Jack Kinney is rolling strikes every week in your bowling league, sir, so you no doubt are in the position to know his height. As for me, I remember him as a very small man. He was the kind of man who would strike a small child for not picking up his toy fast enough, or for simply being in the wrong place at the wrong time, the kind of man who would beat his wife if he had a bad week at work and needed someone to vent his bad temper on. He was the kind of man who would take a baseball bat to a teenage boy and destroy his sports future, not because he was protecting his child, no, that was a pretense, he did it because he couldn't stand the thought that anyone else had a future, that anyone else was happy, that anyone else enjoyed playing with the child he ignored, that was the Jack Kinney we knew , sir. So no, we don't recognize any resemblance between that man and the man who stands so tall before us here today. This man had to overcome a great many handicaps to become the man he is, not least of which was the kind of father God gave him, but overcome them he did, without the help we wanted to give him. We are so proud of him, and we're here because just as we risked Jack Kinney's wrath for him, we would risk Hell itself to keep him from you."

The two gay men stood shoulder to shoulder between Brian and the Devil.

"And what makes you such experts on Hell?" De'Ville sneered.

Russell laughed, his former humor laughed. He suddenly noticed the judge was there and nodded at him with a smile, saying,

"We're sorry, Your Honor, my partner did not intend to keep you waiting. We'll take our seats now in order that young Brian can give his closing and get this matter wrapped up. We intended to be here sooner but got stuck in traffic getting into the city." He started to gently push everyone into seats, as, winking at Brian, indicated he should move into position for giving his closing. The Judge held up his hand.

"Hurumph, that is fine, Mr. Russell McNeill, I believe?" Russell nodded. The Judge peered at him over his glasses and then looked at Tim, "and Mr. Timothy O'Malley?"

"Yes, Your Honor, that would be me," Tim answered politely.

"Well, now you've gone and got me curious, so even if Mr. De'Ville doesn't need an answer....what is so funny about the question he asked? What makes you such experts on Hell?"

The two men looked at each other, then reached out for each other's hands again. Again, it was Tim who spoke.

"Your Honor, we are gay men of a certain age. We have seen many, if not most of our friends our age or older die of AIDS, the ones who weren't killed in hate crimes, that is. Many other friends live in constant fear of attack. Others have left this country to live in Canada or France, or Germany, countries where they can marry, or at least walk down the street holding hands in peace. Growing up gay in this country means being beaten, thrown in lockers and trash cans, toilets and ditches, set on fire and pissed on. It means losing your job if it gets out that you're gay, or losing your apartment, or maybe your insurance, or even your child. It means living in fear all of the time, afraid to make love, afraid to fall in love, afraid to be who you are....how much better can you define Hell, Your Honor? All I can say is, God must love the gay man, because he has a track record of really tormenting his chosen people and for this past millennium, he sure has been tormenting us...and you can tell him I said that too, Gabriel."

"Duly noted," Gabriel inclined his head.

Brian had a very thoughtful look on his face. Judge Stonewall looked stunned as Tim's rant poured over him. De'Ville was smirking, fully expecting the short-tempered judge to explode on Kinney's friends, causing Kinney distress that would benefit De'Ville. He had sensed that he was close to winning a concession until the two men had shown up to breathe new spirit into the defendant and was feeling annoyed. If it weren't for the meddlesome messenger Angel's presence, he would risk another trick like he pulled with Joan Kinney to stack the deck in his favor. The presence of both Marcus's and Kinney's lovers gave him ample ammunition but Gabriel was like a guard dog. De'Ville growled impotently. Gabriel smiled serenely back at him.

Justin had moved forward to stand next to Brian while Russell and Tim were confronting De'Ville. He had sensed that something had been going seriously wrong with Brian just before the two older men had entered the Courtroom, but Gabriel and Mel had cautioned Lindsay and him that they could not intervene, no matter what. All they could do was be there, and show Brian that they loved him with everything that was in them. Justin used this moment when no one was watching him to press tightly against Brian's side. The interlude ending, Brian gave him a quick kiss on the head, then indicated with a nod of his head that he should return to Lindsay's side. The contact, albeit brief, seemed to strengthen him, as did the support from his old friends.

"Do you need it explained any further, Your Honor?" Tim asked, calming down.

"No, I believe I understand now, thank you." The Judge spoke quietly. He nodded to his Sergeant at Arms, who announced that Court was now back in session. Everyone resumed their places as the jury reappeared. Russell and Tim sat protectively on either side of Justin and Lindsay, after a quick whispered conference with Gabriel, and several considering glances at the adversary, who sneered at their arrangements. Nonetheless, he also appeared frustrated by them. The purity of Tim and Russell's affection for Brian, coupled with Gabriel's powers, were proving a successful block to whatever evil he had planned. Whether it was seeing his old friends, healthy and still affectionate, the warm contact with his lover, the shining love in Lindsay's eyes, the fierce fighting spirit still showing on Mel's face, or the confident smile playing about the old angel's face, or all of it together, it was a very different Brian Kinney who moved forward to make his closing. This time Brian moved forward as easily and firmly to make his closing statement to the jury as he ever did in making a winning advertising pitch to a client.

"Your Honor, Distinguished Adversary, Gentlemen of the Jury, thank you for the opportunity to present my case before you. Up until a little while ago, I was unsure of what to say to you, ready to throw in the towel on what I saw as a losing campaign. I'm not going to try to review the law or the evidence to you; you all heard the evidence and the judge will give you the law. My friend Mel Marcus, and believe me, I didn't think I would ever say those words," the jurors laughed, some of them knowing the history of animosity between the two; Mel laughed as well rather sheepishly as Justin and Lindsay beamed to hear words they too have given up on ever hearing, "did a fine job on showing you that Mr. De'Ville didn't prove he granted any of my wishes. So, the only reason you would rule in his favor is because you want to send my ass to hell, a reasonable wish; it won't be the first time someone has wished it, someone besides the plaintiff, that is. If you do, it sure isn't because I don't keep promises. The evidence didn't show that. What I will try to tell you is why I think that evidence means you shouldn't condemn me to the fate Mr. De'Ville here asks you to give me, and why I don't think you should want to send me there either. ‘Going to hell,' its funny, but that is the fate I saw as inevitable from the time I was old enough to understand I was gay, that I liked boys, liked kissing boys, making love to boys, doing all the things with boys that our society says a man like me, or a man like each of you, should only want to do with girls. I no longer think that is my fate. Or yours, or any of ours. At least not because we're gay. And it shouldn't be mine for anything you heard about here.

When I met Mr. De'Ville, I was angry, angry that I was losing a friend, a man who was my mentor, my father figure, older brother, everything an older gay man can be to a young, scared gay teen except lover. Vic Grassi and I were never lovers, incidentally, maybe because he knew me as his nephew's little friend and saw me as off limits, I don't know, but we loved each other as family. Vic had been a kind of wild guy in his younger years, like me, but always with heart, not like me. Maybe having a loving sister and family made the difference, maybe he was a stronger man to start with, because as he was fond of saying, in that quirky way of his, if you think it's tough being gay now, you should have been around before, in the days of Stonewall, the club, not the fine jurist here, though being gay during his time on the bench was no picnic for gays either, no offense, Your Honor."

Brian glanced over to the small judge with a wry smile and the judge nodded back, self consciously. Stonewall had been given some things to think about during this trial, Mel realized. She wondered where Brian was going with this, as he was diverging completely from the nice, neat closing she had written for him. She settled back and waited.

"Two friends of mine from long ago came in, you might remember hearing my mother testify about them. Russell and Tim, they are older now, but they were the young men my father beat with a bat for spending time with me, a crime for which my father paid no punishment." Brian glanced at them apologetically and the two men looked back at him encouragingly, nothing but loving affection in their eyes. The jury looked over at them curiously; a jury always loves to have the puzzle pieces filled in and they naturally had wondered whatever happened to the two teens who were whisked out of young Brian Kinney's life after such a shattering experience. Seeing them sitting there, holding hands, successful, was a nice ending to a piece of the story.

Brian continued.

"Justin Taylor is another person in my life, another one I love, who was almost taken away by a baseball bat. It took me a long time to be able to say ‘I love you' to someone. When De'Ville met me in that garden the first time, I couldn't do it. I couldn't even tell Vic that I loved him. I was upset, more upset that I ever was in my life that he was dying, but I couldn't tell the man I loved as a father that I loved him and I sure as hell couldn't ask God to spare his life. I suffered wordlessly in a garden and, yeah, I smoked pot. It was until later that I understood that God can understand his children's wordless cries for help, so when the devil says I didn't pray, he is wrong. I prayed harder then than I did until one other time in my life. When Justin lay bleeding on that," Brian faltered here, but turning, and seeing Justin's tear filled eyes, he was able to take a breath and look back, continuing "lay bleeding on that concrete parking lot floor, I couldn't speak any words after I called 911. I just moaned like an animal in pain. I was praying then in a way that only God could hear, and I believe now that he did. It was the gossip of Liberty Avenue and Babylon that I didn't go visit my twink when he was in the coma; that wasn't true, as you heard from his mother, I went every night after getting wasted in the clubs. I couldn't stand seeing him like that and being unable to help him. Now I believed I had no soul, but if that was what having no soul and being unable to love felt like, God help anyone who is ever really in love and has a soul, because what I felt was the torture of the damned already. And I prayed wordless prayers that I thought no one was hearing, until now. I used my second wish and I prayed, I did everything I could possibly do. Because I was nothing compared to Justin's life being saved.

Sure I used my third wish, and quite frankly, I had my doubts for the first time when I saw De'Ville's face talking about it, whether he really did a damned thing for Ben Bruckner It's your decision whether you believe De'Ville played any part in helping any of these men or whether God did, or in Ben's case, whether he wasn't in need of anyone's help. Mikey can be a bit of a drama queen.

But as for Ben, you know what, even if it was a wasted wish, I would do it all over again if I had to, because my friend Mikey was going through that same torture for the man he loved, real or imagined that I went through for Justin; he thought Ben was dying that night and I would have done anything to spare him that pain. And that is part of what my friend Tim said today. For anyone who has sat by the bedside of a friend dying of AIDs, like Tim and Russell have countless times, or who lives with HIV, like Ben, for whom any cold can be a disaster, or who finds that a rite of passage like the prom can turn in to a nightmare that never ends, like it did for Justin and his little best friend Daphne, when a classmate turned into a bat wielding monster, being gay is already a little like being in hell on earth so we've already earned our heaven.

But I think that too is partially wrong. Loving a man, being loved by a man, is worth every bit of the hell we go through. I've had my bit of heaven on earth, too. A large part of it, in fact. I never really appreciated life, my soul, or all that this world had to offer until the night when I saw a certain small blond under a lamppost, and he went with me to see my own piece of immortality who had just been born, my son Gus."

Brian turned briefly to smile at Lindsay, whose tears had long been falling down her cheeks. Justin reached over to clasp her hand. Tim and Russell smiled delightedly at each other at the news that Brian had a son. De'Ville and Gabriel locked eyes and it was the devil who looked away first.

"There were times in my life when I didn't think I would mind dying, go out while I was still young, still beautiful, still on top, literally and figuratively." Brian gave the jury a wicked smile and they responded on cue, the devil forgotten; he had them in the palm of his hand, Ethan included. "I wouldn't trade away a minute of it now. One of the things I've learned is that for every homophobe wielding a bat, there is a good friend out there holding out a hand, wiping away the blood. Sometimes we lose families when we come out, but we build new ones, families of the heart and yes, of our souls, families that have bonds of steel, and of blood, our spilled blood, bonds that are never broken, sometimes even after more than a quarter of a century passes." This time he smiled warmly at Tim and Russell. "Sometimes even after death." He looked at Gabriel, and he swore he still saw Vic's smile in the old man's twinkling eyes. Brian squared his shoulders and turned back to the jury of eleven, one final time.

"The plaintiff thought he could use my past against me, that he could use each of you against me, but I accept now that my past is part of what makes me who I am. Now, after what you heard in this courtroom, you know what made me such an arrogant asshole. But hiding behind an unhappy childhood is bullshit, and for the times I hurt each of you, I'm sorry, but in each of your cases, you know deep down that I gave you exactly what I promised to give you. In a couple of your cases, I was brutally honest, but I wasn't unfair. Never did I promise to give anyone my love, or my soul. The truth is, I didn't think I had a heart or a soul to give anyone until a little over four years ago. I tell you the truth now, if I felt that the devil was entitled to my soul, I'd give it to him rather than put anyone I love at risk. But there is only one person in this Courtroom entitled to my soul or my heart, and that is the person who convinced me I had one of each. Justin Taylor. I gave myself to him, heart and soul, a long time ago, and I don't believe the devil has a valid claim on the soul at this point, having failed to really prove that he did anything to earn it. Justin, on the other hand, as his and everyone else's testimony showed, really did go through Hell and back, to earn my love, the heart and the soul." Brian gave the jury his tongue in cheek smile.

"So, in conclusion, I ask for you to render a verdict in my favor, and against the Devil."

======================================================

The judge gave his instructions to the jury efficiently, and they rendered their ruling in record time, barely having time to puff out of view and back into it again. Devil sat sourly in his seat during the brief time the jury was gone, as Brian's friends crowded around him, eagerly congratulating him and making the introductions that couldn't get made earlier.

When the reaching of the verdict was announced, (it was Ethan, surprisingly, who had been named as foreman), they all sat tensely for the announcement. In accordance with procedure, the piece of paper was taken to the Judge who read it, and then returned it to the Bailiff to take back to Ethan, all without giving a clue as to its contents. Stonewall then asked, for the record,

"Mister Foreman, has the jury reached a verdict?"

"It has, Your Honor."

"And in the Matter of De'Ville v. Kinney, what have you found?"

"We the Jury find in favor of ... Brian Kinney."

"Thank you, Mister Foreman, your service in this matter is at an end." With that, the jury disappeared, never to remember their days in this strange courtroom, as agreed, much to the defendant's relief. Although he would perhaps think much more kindly of the greasy fiddler in the future.

DeVille looked over at Brian and Mel morosely.

"I think we could do without the extras now, can't we?" With that, he waved his hand and Justin, Lindsay, Tim and Russell disappeared. Brian paled and clutched Gabriel's arm.

"It's alright, Brian. They've all been returned to Lindsay and Mel's home. You will be seeing them shortly. With Mel's and your permission, they can retain a memory of today's events." Brian and Mel quickly nodded. Brian turned to the Judge, who was coming down from the bench. He was a tiny man, not any bigger than Mel.

"Your Honor, thank you for your service in this matter," Brian stated formally. He could not forget the man's reputation in life.

"I have a great deal to learn, my boy, which is why it is my fate to serve in these matters. It is my penance to work for many more years, as penance for the wrongs I did on the bench. I believe De'Ville has a murderer for me next. The terrible thing is, when I see the jury do the wrong thing, and I have no power to correct it as I did in life. Then I suffer the torment of the damned, which is what I am, you see. For a few hundred more years, probably. But I am sorry, which is helping my term. And I learn, as I did in this matter, congratulations on your verdict, they are rare."

"You are learning, Hiram, and I will put in a good word for you," Gabriel assured him.

"Well, I don't know now that I should miss out on the chance to do good even if I could," the Judge said thoughtfully. Gabriel smiled.

"I will be putting in a very good word for you, Hiram, you learned a great deal this time."

"Good luck to you and your young man, Mr. Kinney. And take care of this young firecracker of yours. Lady lawyers, who would have thought?" the Judge chuckled, and then stuck out his hand to shake Mel's hand, shocking her. She amazed the Judge, and Brian, when after shaking Stonewall's hand, she reached over and kissed his cheek.

"Thank you, Your Honor, it has been quite an experience ," she whispered hoarsely.

"Well, if the love fest is over?" De'Ville asked snidely.

"It is all over, Devil. Orders are that you are to stay far away from all of Pittsburgh and especially Liberty Avenue for the remainder of Brian Kinney and Justin Taylor's natural life spans, and beyond, and no touching Gus Peterson Marcus or anyone else close to Kinney either...you got that? You lost and you lost convincingly so the standing rules apply, Kinney and all close to him, in his family, are off limits for the next thousand years." Stonewall looked at him sternly.

"Fine," De'Ville grumbled.

"Well, now wait a second," Gabriel smiled broadly. "Since in his closing, Brian said he considers all gay men to be his family, in a broad sort of way; wouldn't you say, Hiram, that under the terms of the ruling Luc has to leave all gays alone for the next millennium?"

"Well, now wait, I'm not excluding my dyke sisters from that definition of family, the mothers of my son, after all, are lesbians ," Brian said, smirking, but hugging Mel close. She rolled her eyes.

"Fine, all lesbians, gays, transsexuals and trans-genders, I don't care, just so I can get out of this place," De'Ville yelled, before puffing out of sight.

"Oh my, he does tend to get a little hot under the collar," Gabriel observed. "Who is he leaving himself to recruit?"

"Republicans." Brian answered. They all nodded thoughtfully.

======================================================

Brian and Justin had a long, satisfying visit with Russell and Tim at the munchers, Brian mainly sitting holding one or the other of his boys on his lap. Rus was a drama teacher at a small University in Southern New Jersey and Tim taught Literature in Delaware, making the short commute a couple days a week. They spent summers in Rehoboth, DE, where they sailed and Tim wrote fiction and Rus acted in summer theater. It was a good life. They had been unable to locate the Kinneys and found that efforts to do so were frowned upon by their families. Rus especially had trouble shaking the suspicion of being a pedophile that followed him for years. That was why they eventually settled in New Jersey and gave up looking for Brian. Mrs. Kinney told Tim, who on his own had found and tried contacting the teen-age Brian in Pittsburgh, that Brian "remembered" incidents of fondling, and would file charges against his former friends if they came near him. In an effort to protect his lover, he told him Brian had died. When Gabriel told him the truth, it almost caused a major schism between the two men. They overcame their differences quickly in order to come to Brian's aid, his need coming first. Gabriel explained also that the unprecedented act of hiding something from his partner on Tim's part, was probably just part of the evil that Lucifer had planted around the young Brian ages earlier. His plans are always set long before he approaches his mark, apparently. Brian felt guilty about that until his friends were able to convince him that he bore as little responsibility in Satan targeting him as a young man as in Jack deciding to make him his punching bag.

"Some things are just fate, and you play the cards you are dealt," Time urged the pensive Brian as he sat with Justin by his side.

"Good ones and bad, isn't that what you were telling us? If we want the pleasures of blow jobs and anal sex, we have to take the bashings?" Russell grinned at his friend, while his partner punched him lightly in the arm.

"You ass, there's a young one in the room!" Tim swung Gus up high, making him laugh and hopefully distracting him from Russell's indiscreet comments.

"It's hopeless, between Mel's truck driver mouth and Brian's candid comments, Gus will know everything by the time he's five that there is to know," Lindsay sighed, reaching for another slice of pizza, thereby displacing Mel who had been leaning on her shoulder, and who mouthed "fuck" as her head hit the seat of the sofa. Her voice was slow in coming back, which condition, at any other time, Brian would delight in mocking, but which, tonight, he was slow to take advantage of. She found she actually missed his teasing. Justin looked at Brian and frowned. Time to take action, as only he could. He whispered in his ear. Suddenly, the two of them stood up abruptly.

"Time for us to go, we'll catch you all tomorrow at the diner for breakfast, bye Russell, Tim. Thanks Mel and Lindz for putting them up," Justin spoke quickly, without taking a breath as he pulled the unresisting Brian out the door before anyone could say a word in protest. He grabbed Brian's car keys from the taller man's pocket and pushed Brian into the driver's seat.

"Home, now!" Justin demanded.

======================================================

Brian opened the door to the loft wearily, despite the anxious blond by his side. Suddenly, the emotional baggage of the past week hit him. The last time he was here, it had been to make love to Justin for what he thought was the last time. For the first time in seven years, he was free. He was free to start a new life with Justin. He started to blink tears away; but then, he backed up to look and make sure he had opened the right door. Yes, no mistake there. Justin stood there, beaming that Sunshine grin at him. Brian started into the Loft.

The room was cast in a soft amber glow, courtesy of what appeared to be dozens of candles placed around the spacious open living area, as well as in the kitchen. All of the electric lighting was off, making the ultra modern décor look almost…homey. The music definitely fell in the category of "ridiculously romantic." Brian could name the not only the singer and the composer of the song that was playing, even the year it was recorded, but he knew that Justin was perfectly happy recognizing the category and didn't need the details. It was ridiculously romantic.

"How did you?" You were in court, and then at the munchers?" Brian asked quietly, feeling his tie being pulled off slowly by nimble fingers, which then proceeded to undo his shirt buttons.

"I have friends in high places ... well, a friend, who agreed to work a small miracle. You can do them on your own, but I need a little help pulling something like the night of your life, off. But don't worry, my heart and my soul, are still firmly in your hands, Mr. Kinney. No one else has rights to them, never have, never will. Heart and soul, you are the one."

"Forever," Brian confirmed, before bending to pick up his own personal angel and carry him to the bed.

 

Return to The Devil and Brian Kinney