“Justin, can you please state your relationship to my client.”
“We’re partners.”
“Business or personal?”
“Personal, but I do work with him also.”
“And how long have you known my client?”
“We met the night Gus was born. I went to the hospital with Brian and Michael. I helped name him.”
“Mr. Kinney has previously stated that you had lived with him off and on during the time that you have known him. Can you tell the court the circumstances regarding the reasons you moved in with him?”
“The first was after my father found out I was gay. He had shown up outside of Babylon as Brian and I, along with some of our friends, were leaving. He came up behind Brian as he was unlocking his car and attacked him. My dad then told me that I had to make a choice, either go home with him or never go home again. I chose to go with Brian.”
“That must have been tough.”
“It was.”
“Isn’t it true that Brian tried to get you and your parents to reconcile?”
“Yes. Brian had come to pick me up from school and we drove over to my parents’ house. He told me later, after we had been together for awhile, that he didn’t want me to regret the way things were with my parents like he did.”
“What happened at your parents?”
“Your Honor,” Stevenson interrupted, “what does any of this have to do with the case before you now?”
“Judge, as I said before, one of Mr. Stevenson’s arguments is that my client and Mr. Taylor’s relationship is only based on sex. I’m just trying to prove that, even before they were in a committed relationship, my client still cared for Justin and wanted what was best for him.”
“Continue Mr. Cavanaugh. You may answer the question Mr. Taylor.”
“So, Justin, what happened when you and Brian arrived at your parents’ home?”
“My mom and dad told me that they wanted me to come home but my dad placed conditions on that return.”
“What kind of conditions?”
“That I could never see Brian again. That I had to never mention being gay again. That I couldn’t go to any gay clubs. Basically he wanted me to deny who I was.”
“What did Brian do then?” Justin looked over at his lover and smiled.
“He said that what my dad wanted wasn’t love. It was hate and then he started walking out of the house. As he passed me he asked if I was coming and I left with him.”
“You moved out though, correct?”
“Yes. I had forgotten to set the lock on Brian’s door and it got robbed. When he found out he got angry and kicked me out. I ended up running away to New York. Brian came after me. He arranged for me to move in with Debbie then.”
“Brian said that you moved back in with him after you got out of the hospital, is that correct?”
“Yes. I was having nightmares and I had trouble being around people. Brian was one of the only people I trusted enough to allow him to touch me so my mom asked him to take me in.”
“Then you met someone else and moved out again.”
“Yes. Brian and I were having problems. We weren’t communicating and things just kept getting worse and worse between us. Lindsay and Melanie had taken me to a concert for my birthday and that’s where I met Ethan.”
“That would be Ethan Gold, the other man, correct?”
“Yes. At first I turned Ethan down when he asked me out, but we kept bumping into each other and Brian and I were drifting even further apart. I ended up getting together with Ethan.”
“And when Brian found out? Did he kick you out?”
“No. He told me it was my decision whether I wanted to stay or go. He told me that he wouldn’t give me what it was I was looking for and I thought that was it. That he was telling me that he wouldn’t love me and I left.”
“But the two of you are together again.”
“Yes. Ethan and I were having a few problems. He wanted us to keep our relationship a secret because his manager didn’t want the public to know he was gay. He had even introduced me as his cousin when I walked in on an interview he was doing at our apartment. I didn’t like being forced back into the closet, I was proud of who I am, but I did it for him. Ethan had even given me a ring, a commitment ring. Then I found out that Ethan had cheated on me and I got angry and left him. As the weeks went by I realized that it was always Brian that I had wanted. That, even though he didn’t give me the words that I wanted to hear, he still showed me that he loved me with his actions.”
“Justin, you just said that you left your other lover because you found out that he cheated on you, but isn’t it true that until recently, you and Brian weren’t monogamous?”
“Yes, but Brian and my relationship was never based on monogamy, although at one time that’s what I thought I wanted. Brian never promised me more than he could give. Ethan on the other hand had promised me monogamy and he broke that promise.”
“Justin what is your relationship with Lindsay Peterson and Melanie Marcus?”
“I would consider them my friends. Lindsay’s an artist like me and even encouraged me to show my sketches at the GLC. The Gay and Lesbian Center.”
“And your relationship with Gus?”
“I love that little boy almost as if he were my own. There’s nothing I wouldn’t do for him.”
“It was stated earlier that Ms. Marcus had removed Gus from your and his father’s care when he was only a couple of months old, without his father’s permission. Can you tell the court the circumstances surrounding that night?”
“Lindsay had just gone back to work and she got called out of town for a conference or something and needed someone to watch Gus.”
“Where was Ms. Marcus at the time?”
“Mel was out of town too, but she and Lindsay weren’t together then anyway.”
“Do you know why they weren’t together?”
“Melanie had met someone. Another woman and they slept together. Lindsay wasn’t exactly happy about that and Melanie ended up moving in with her sister.”
“Thank you. Okay, so since neither Ms. Peterson or Ms. Marcus was available, Brian was asked to watch his son, correct?”
“Yes, although I don’t know how much notice he had. I think Lindsay sprung it on him at the last minute. He even had to take the day off of work to stay with Gus.”
“Then why were you watching him?”
“It was the night of the Leather Ball and Brian had decided that he wanted to go to it. He asked me to come over and then had me watch Gus.”
“And when did Ms. Marcus show up at my client’s home?”
“A little after midnight I guess. I was just getting ready to give Gus his bottle when I heard the door open. At first I thought it was just Brian coming home so I took Gus’s bottle out of the microwave and went to give it to him. The next thing I know, Melanie grabbed my hand and began yelling at me that I had to test the bottle first.”
“And is this when Mr. Kinney arrived.”
“Yes.”
“What did Ms. Marcus do then?”
“She began yelling at Brian how he should have been at home and that it was just like him to be more concerned with going out than with watching his son. Then she demanded the keys to his jeep.”
“Why did she do that?”
“She said that she wanted to get Gus’s car seat so that she could take him home.”
“So what you’re saying is that, after entering Mr. Kinney’s home in the middle of the night, without notifying anyone that she would be there, without even knocking on the door, she tried to remove Gus from his father’s care?”
“Yes.”
“And what did Mr. Kinney tell her?”
“He refused. He said that Lindsay had left him in his care and there was no way that Melanie could take him. He said that he was Gus’s father.”
“But Ms. Marcus did remove Gus from his father that night.”
“Melanie threatened to break into the jeep if Brian didn’t hand over the keys and take Gus so he finally relented.”
“Did he actually believe that Ms. Marcus would actually follow through on her threat?”
“When I asked him about that, he said he wouldn’t put anything passed her.”
“Mr. Taylor, was this your first encounter with Ms. Marcus, other than the night Gus was born?”
“No. I saw her and Lindsay a few weeks after that. I went over and re-introduced myself to them and offered to help them out with their packages. I also told them that if they ever needed a sitter for Gus to call me and I would be glad to do it.”
“And what did they say to that?”
“Melanie told me not to say it if I didn’t mean it because they would take me up on the offer.”
“So neither you nor Mr. Kinney thought that Ms. Marcus or Ms. Peterson would have a problem with you keeping an eye on Gus.”
“Correct.”
“And even after the incident the night of the Leather Ball, did they take you up on your offer to baby-sit?”
“Yes. I often watched Gus when Melanie or Lindsay’s usual sitter couldn’t do it.”
“And how often would you say they asked you to watch him?”
“Usually once or twice a week, but like I said, it was when their usual sitter was busy.”
“Justin, earlier you stated that you were Mr. Kinney’s partner. What would be your role in Gus’s life if my client were to receive full custody of his son? I mean, you are only twenty-one and suddenly you would be helping raise your partner’s son. Not many men, let alone gay men, would be willing to accept that kind of responsibility.”
“I’m not like most men my age, as Brian would be more the able to tell you. I don’t my role in Gus’s life changing that much. Gus already calls me his Daddy Justin. I spend as much time as possible with him. While I didn’t officially live with Brian at the loft, I was still there almost every time that Gus was over. Like I said before, I often watched Gus at his mothers’ home. I’ve even taken him to my studio at the school. He loves to draw and often will sit and color while I’m working on a project. He does the same thing at Kinnetik, Brian’s company.”
“So you support Mr. Kinney’s petition for custody?”
“Of course. I’ve seen the way Gus has been treated since his sister was born, and even before that. Don’t get me wrong, I love Melanie and Lindsay, but I believe that they love that little boy, but I think that they could be better parents.”
“What do you mean? Are they abusive?”
“No, not abusive exactly. It’s just that they don’t seem to want to spend a lot of time with him. They leave him with friends or sitters all the time, even if they are taking Annie out with them. If they left Annie with him, I would say it was just that they didn’t want to be tied down by the kids, but since it’s only with Gus I have to wonder if it’s because he’s Brian’s son.”
“So you think that Brian being Gus’s father might be a factor in the way they treat Gus?”
“Yeah, I do. Melanie has never made it a secret that she doesn’t like Brian or his role in Gus’s life. She’s the one that harped on Brian about him signing over his parental rights.”
“Did either Ms. Peterson or Ms. Marcus badmouth my client in front of his son?”
“All the time. I was surprised that Gus’s first word wasn’t asshole considering how many times they would call Brian that in front of him.”
“Thank you, Mr. Taylor.”
“Your witness, Mr. Stevenson.”
“Mr. Taylor, it sounds like you think you and Mr. Kinney can provide Gus with the perfect little family.”
“No family is perfect, Mr. Stevenson, no matter what the outside appearance might be.”
“Right. You stated that Mr. Kinney had taken you in after your father kicked you out of his home. But didn’t you run away from Mr. Kinney’s home just a few days after because he had brought home someone else for sex?”
“Yes, but that was before Brian picked me up from school and took me over to my parents, so I hadn’t officially moved in yet.”
“Isn’t it true that you met Mr. Kinney when you were seventeen?”
“Yes.”
“And how did the two of you meet?”
“I was on Liberty Avenue, looking to meet someone and luckily that someone was Brian.”
“Did Mr. Kinney know how old you were when he took you home?”
“Not at first. I didn’t tell him I was only seventeen until we were getting ready to go to the hospital to see Lindsay and Gus. He thought I was older.”
“But even after he found out your true age he still had sex with you?”
“Yes.”
“Mr. Taylor, isn’t it true that you and Mr. Kinney have often brought home other people in order to have sex with them?”
“Yes, but never when Gus was there.”
“And didn’t my clients walk in while you and Mr. Kinney were playing some kind of sex game?”
“We were joking around and they walked in without even knocking. And Gus wasn’t with them at the time.”
“Why did you leave Mr. Kinney two years ago, Mr. Taylor?”
“I already said that it was because Brian and I were getting along. We weren’t communicating and I didn’t think that Brian was willing to give me what I was looking for and I had found someone that was. But that doesn’t mean that I loved Brian any less. And that doesn’t matter now. Brian and I have worked through our problems and we’re stronger than we have ever been.”
“Justin, why were you kicked out of the Pittsburgh Institute of Fine Arts?” Justin looked over at Mark and Brian, not sure why he was being asked about that.
“Your Honor, I fail to see what any of this has to do with this hearing,” Mark interjected.
“I’m just trying to show the kind of influence that Gus will have in his life if he is given to his father.”
“Answer the question, Mr. Taylor.”
“I was suspended because of some posters that I had done while interning at Vanguard Advertising.”
“Isn’t it true that these posters where ridiculing then Police Chief James Stockwell, who was running for mayor and was being represented by Vanguard and your lover.”
“Yes.”
“So, basically, you actively went against your lover and his professional partner, while being employed by said partnership.”
“Yes, but Brian knew what I was doing. That’s how Stockwell found out. He came over while I had the posters out around the loft.”
“That’s right. So not only did your rebellion cause you to get fired from Vanguard and suspended from school, you also caused Mr. Kinney to be fired also.”
“Yes.”
“And do you think that this is a good example to give to Gus?”
“I was standing up for what I believe in. In fact, what Melanie and Lindsay believe in also. So, to answer your question, yes I do think it’s a good example to Gus. He needs to have people to look up to, who are willing to do what it is right, no matter the consequences.”
“Were you also standing up for what was right when you joined a vigilante group called the Pink Posse?”
“Yes. The original goals of the Pink Posse were good ones. To protect gay men and women when the police department and judicial system wouldn’t.”
“Then why did you stop being a member?” Justin looked over at Brian, who gave him an encouraging nod.
“Cody, the leader of the Posse, wanted to force straight people into accepting us. He had us take our cause off of Liberty Avenue and into where straight people hung out. It stopped being out protecting ourselves and began to be about forcing others to accept us. That’s not what I wanted. Then he had me confront Chris Hobbs, the boy who bashed me at my prom, I knew it was time to leave. I didn’t need what I was getting by hanging out with Cody. I walked away that night and never looked back.”
“And where was Mr. Kinney during all of this? Did he support this violent group that you belonged to?”
“No, he didn’t like my joining the Posse. He confronted me about it a few times and tried to talk me out of going out on our patrols.”
“But you ignored him about that because you were doing what you felt was right.” Stevenson didn’t even bother hiding the sarcasm in his words.
“Yes.”
“And what will happen the next time the two of you disagree on something? What if that something involves Gus? Will you still ignore Mr. Kinney?”
“I don’t know. I guess it would all depend on the situation.”
“Thank you, Mr. Taylor. No further questions.”