Tristan doesn't sleep much that night, and every time she closes her eyes she can only see those of Bryce Walker staring back at her. After tossing and turning all night, Tristan is finally shaken awake by her bother the next morning. Justin's somber eyes meet hers and she immediately sits up, realizing what today is.
"You're testifying today." Tristan states, her grogginess instantly gone and replaced with pumping adrenaline.
Justin smiles softly and looks at his sister, "Yeah, I am."
A silence falls between them, Tristan looks down at Justin's hand placed on her leg and she glances back up at him, "Are you nervous?"
"No," Justin scoffs, his voice failing to sound confident in his answer, but he can't let his sister know the fears he has of today, "Of course I'm not, I'm going to be fine. It's going to be fine."
Tristan gives her brother a small smile before she wraps her arms around him in a tight embrace. Her nerves are already eating away at her and she hasn't even gotten out of bed yet. He's her brother and she feels as if it is her job to worry about him, especially as of late.
The bedroom door opens and Clay walks in with a towel around his neck, eyeing the siblings as he grabs a shirt to put on, "My dad is cooking breakfast downstairs if you guys want any."
Tristan looks towards Clay and nods, getting up off the couch and following him down the stairs. Justin is right behind her as they enter the kitchen, and all three of them stop when they see Lainie Jensen sitting at the kitchen table with coffee in her hand.
"Good morning," The woman says, her eyes are careful as she examines each of the children walking in, her eyes stop at the two boys, "What the hell happened to you two?"
"It was a fight."
"Sports."
Tristan raises an eyebrow at their mixed responses, both the boys looking at each other in an attempt to get their story straight. Justin speaks up first, "Mine was a fight... and his was sports."
"I told Dad yesterday. P.E." Clay tells his mother as he sits down beside Tristan at the table.
"If someone is hurting you, we need to know what is going on." Lainie says assertively, looking at all three of the teenagers sitting in front of her.
"Wait, what are you doing here?" Clay asks, curiosity fills his voice.
"Well, uh, I want to apologize. That an argument that was largely between your father and me had the impact it did on the family." Lainie says before turning to the Foleys sitting next to each other, "And on you two."
Tristan looks down at her lap, but Justin speaks up, "I feel like I came here and messed everything up, so-"
"No, no..."
"No that's not what happened."
Clay's parents give concerned looks at Justin and Tristan, and Clay glances up at the two, "You didn't. Neither of you."
Tristan meets Clay's eyes and he presses his lips into a tight smile before turning to his mom, "So... you're back?"
"I'm back," She smiles at him, "And I need to speak to Justin privately. After breakfast. I heard last night that you're going to testify today, and while I like Dennis Vasquez very much, he does not represent your best interests. I want to make sure you understand everything that is at stake for you before you testify."
"What's at stake?" Tristan squeaks, nerves beginning to find their way into her stomach again. She can't lose her brother.
"Tristan, I don't want to have any secrets, but if I'm going to help Justin, that has to be between the two of us... for now. If he chooses to tell you after we talk then that's up to him," Lainie says, eyeing Tristan closely as worry etches onto the girl's face, "Can you trust me?"
Justin reaches over and grabs Tristan's hand, squeezing it tightly. Tristan's concerned eyes don't leave Justin's as she sends a small nod to the woman across from her, "Yeah, I can."
After breakfast Lainie takes Justin into Mr. Jensen's office and Tristan follows Clay back up to his room, "What do you think they're talking about?"
Clay turns around and sees the distress present on the girl's face and sighs, "I wouldn't worry about it, Tris, really. She's probably just giving him tips on what to say."
Tristan wraps her arms around herself as she absentmindedly nods to his statement. The girl pulls out a pair of pants and a white top and begins to quickly get ready for the day. Clay returns dressed in a sweater and sits down next to the girl in an attempt to comfort her, "He's going to be okay, Tris,"
"I know, I'm just-" Tristan stops speaking when the door opens and Justin slowly emerges from it. He looks over to where Tristan and Clay are sitting on the couch, noticing that both of them are watching his every move. Justin doesn't say anything but begins to take his clothes off the hangers and undress.
The silence filling the room makes Tristan uncomfortable and she furrows her brows as she takes a glance at Clay, who is shifting in his own seat. Tristan stands up and takes a step closer to Justin. The boy stops buttoning his shirt and looks in her direction, waiting for her to say something.
"Is everything okay?"
Justin avoids her eyes but nods, "Yeah,"
"Well what did she tell you?" Clay asks.
"Nothing important," Justin responds, grabbing the tie on the dresser and putting it around his neck, "Just walked me through how the day's gonna go."
"What did she say was at stake?" Clay continues. Tristan looks back at her brother and he pauses before continuing to fiddle with his tie.
"Mostly everything you already know... dammit!" Justin curses, undoing his attempt of a tie and letting both ends hang from his neck.
"Do you know how to tie a tie?" Clay asks as he watches him incorrectly fold the tail under the other.
"Yes," Justin breathes out, irritated, "I'm just nervous, okay?"
Clay gets up and walks over to where Justin and Tristan are standing and puts his hand on Justin's shoulder. Justin looks at the boy through the mirror and finally gives up, handing the tie for Clay to do. Justin glances at his sister once more, noting the ever present anxiety on her face. He stands next to her and places his hand on her back, telling her in his way that he is alright, "I guess, doing this sober is a lot harder than I thought it'd be."
Clay looks over to Justin, but Justin doesn't meet his eye as he continues, "But you know I'm going to have to say stuff about me and Hannah. Stuff that you don't... you don't know."
Clay stops what he is doing and sharply turns to Justin, his eyes cold as ice. Justin quickly perks up, "We- we didn't. We never had sex, or anything like that... there's just more to the story."
Clay doesn't say anything as he slips off the tie.
"I don't want you to start hating me again."
Clay scoffs at Justin's comment as he puts the green tie around Justin's neck, "Who said I stopped?"
Justin looks down at Clay's remark, but begins to fasten the tie to his neck. Justin looks to his sister, "Tris, will you go downstairs? I'll be down in a minute, I promise."
Tristan looks at him confused as she tries to understand why he is trying to kick her out, "What?"
"Please, Tris. I won't be long." He gives her a look that is begging for her to leave the two boys alone, so the girl obeys. She grabs her bag and closes the door behind her, but stopping and leaning against the door to hear what is being said, "You really freaked me out last night. Where did you get the gun?"
Tristan's blood freezes and she backs away from the door. Images of Clay pushing the barrel of the gun into his temple flood into Tristan's memory, making a shiver shoot up her spine. She slowly descends down the stairs and when she gets to the bottom she sees Mr. and Mrs. Jensen talking in the kitchen.
"Tristan, sweetie, come here," Lainie says when she catches sight of the girl. Tristan walks into the room and smiles at the adults. Lainie steps closer to Tristan and tucks a piece of the girl's dark hair behind her ear, "Today is going to be fine, Tristan. Justin is going to do great, trust me."
Footsteps come from the stairs and two boys come into view. Tristan turns and her brother meets her eyes and smiles at her. Lainie pulls the girl to her side as she calls out, "Clay you go ahead and go outside, I want to say one more thing to Justin."
Clay nods at his mother and steps outside as Justin trudges into the kitchen with the Jensens and his sister. Matt adjusts his tie and clasps a hand on his shoulder, "I'm proud of you, Justin."
"Thank you, Mr. Jensen," Justin responds, flustered.
"Justin, remember what we talked about," Lainie speaks out as she wraps her arm around Tristan.
"Yes ma'am." Justin nods, his eyes going to the floor.
Lainie smiles, "Now you two go ahead and ride with Clay to the courthouse. We'll catch up with you."
Tristan and Justin nod and they both head for the door. Tristan wonders what Mrs. Jensen told Justin in private, but she knows that she won't get it out of her brother.
They walk outside and Clay is sitting on the front steps, waiting on the Foleys to come out, "You're parents said we can drive together, and they'll be right behind us in one of the other Priuses."
Justin strolls right past Clay and walks towards Clay's car. Clay stands up and looks to Tristan, who only shrugs at her brother's behavior. She knows he's nervous, she just wishes he could act less cold.
"Jensen."
Clay and Tristan look at Justin who is holding up a piece of paper saying in red ink, 'YOU TALK YOU DIE'
Despite talking the whole ride over with Clay, Justin goes silent once they pull up to the courthouse. Tristan notices the color drain from his face as they wait for Mrs. Baker and her lawyer in the courthouse, and Tristan quickly pulls his hand into hers.
"Justin." The three look over and see the short red hair of Olivia Baker walking towards them. She engulfs Justin into a hug as soon as she is close enough, "Thank you for doing this."
"Oh, Tristan, sweetheart," Mrs. Baker exclaims, letting go of Justin and pulling Tristan into a tight embrace, "It's been too long, oh you've grown so much!"
Tristan's face flushes as Mrs. Baker lets her go. She finds herself backing up until she hits Justin's chest and smiles at the woman, "Thank you, Mrs. Baker."
The woman looks up from the girl to Justin and she takes a deep breath, "Are you ready Justin? Dennis is already upstairs waiting on us."
Justin slowly nods his head. Tristan whips around and wraps her arms around her brother tightly, "I'm proud of you."
Justin squeezes his little sister tight and presses his lips to her head, "Thanks, Tris."
Justin follows Mrs. Baker up the stairs and Tristan and Clay watch until they are out of view. The two make their way into the courtroom and are soon joined by Tony and Clay's parents. They all wait in silence as the room begins to fill up with spectators, waiting for the trial to begin.
"All rise for Judge Campbell," An official announces, and everyone stands up as the judge sits down in his seat.
"You may sit," Judge Campbell says before slamming his gavel to the wood, "Court is now in session. Defendant bring your last witness."
The bailiff opens a door and Justin walks out and shuffles to his seat on the witness stand. His eyes scan the room and they stop where Tristan is sat, her sending an encouraging smile as soon as he does. Dennis stands up and makes his way to stand in front of Justin, "Justin how would you describe your friendship with Bryce Walker?"
"Bryce and I have been friends since the third grade. Being friends with him, it was about loyalty, but it was also about fear." Justin answers.
"And how would you describe Mr. Walker's relationships with girls? Were they fear based as well?"
"Yes sir, they were like conquests to him," Justin's eyes flick to his sister before returning to the lawyer, "He would always brag about what he had done with girls, and then call them sluts for hooking up with him."
"And he never mentioned an 'on again off again' relationship with Hannah Baker to you?"
"No sir, because it never happened. Maybe they hung out, but there's no way he would've hooked up with her and not have told me about it."
"Because he liked to brag, as you said?"
"Exactly."
"How would you describe Hannah Baker?"
Justin pauses for a moment before a small smile emerges from his lips, "She was really kind and funny. I liked her from the first time I saw her. We only had one real date, but it was nice. I walked her home, and then I walked home but I couldn't sleep. I got into a fight with my mom's boyfriend , and I texted Hannah and she told me to come over. She just let me sleep there all night; she slept on her own floor.
"Bryce asked me about it the next morning and I knew Bryce wasn't going to leave it alone. I knew I would have to tell him something, so I showed him a picture I took of Hannah. I don't know why that was more important to me than doing right by Hannah. Friendship, I guess. Being a man. Wanting him to think I was more than I was somehow.
"Maybe Bryce sent it around because he was jealous. Or maybe because he's just cruel. I don't know. I don't know why people send around photos like that. Bryce did shi- stuff like that all the time."
Dennis nods his head at Justin's response, "Are there other instances like this that Bryce Walker had with other female students at liberty?"
Justin visibly gulps, "There was a party last semester... My girlfriend, Jessica, and I went upstairs to her room. We started to make out, but she got tired and stopped responding. I realized that she must have fell asleep or something, so I left the room so she could rest. Bryce was outside in the hallway and he tried to get into the room, but I stopped him. He eventually pushed me out of the way and got inside though."
"Did you try to get back inside?" Dennis asks, Justin nods, "Tell me what you saw when you went back into the room that night."
"We'll renew out objection. Irrelevant and inflammatory," Sonya Struhl shouts.
"We're establishing that Bryce Walker engaged in a pattern of behavior and that the school was aware. The defense claims no such behavior took place. We have a right to respond," Dennis remarks.
"Witness will answer," The judge calls out.
Justin stampers, "I... I went back into the room. Jessica was passed out and Bryce was standing over her, and his pants were unzipped. And she had her panties off and she wasn't moving. Her eyes were closed, it was like she was dead. I tried to pull him off, but he shoved me out and locked the door. I just sat there listening. Listening to him... and her. It sounded like she started to wake up."
"Did you think of calling the police for help?"
"I did," Justin nods, his head hangs low from shame, "But I was afraid."
"Afraid of what?"
"I don't know... Afraid of losing my best friend. My girlfriend. My entire life. Which I guess I already lost... I'll regret this forever."
There is a beat of stillness in the courtroom before Dennis asks, "Is there any other time you can think of that Bryce Walker has shown behaviors that you have mentioned before?"
Justin's eyes snap to Tristan, and the girl feels as if she has caught on fire. He wants to say it. His gaze doesn't leave his sister's as Dennis calls out again, "Justin? Is there any other encounter that you are aware of?"
"I, uh," Justin fumbles with his words as he searches for any response out of Tristan, but the girl seems to be paralyzed with fear. If Justin says those words out loud, then Tristan's whole world changes. Everyone will know. The fear of people judging her and calling her names overpowers her thoughts, but she thinks back to Jessica. Jessica allowed him to tell her story that she was too afraid to say herself. This could be Tristan's chance to get Bryce, she can help Jessica and herself. Through the welling tears in her eyes, Tristan looks at Justin and gives a small nod.
"Okay, nothing furth-"
"My sister." Justin cuts the lawyer off, taking him by surprise. Justin's forehead creases with stress as he continues, "He took advantage of my little sister."
Dennis steps closer to the witness stand and crosses his arms, "In what way?"
"I... I don't know the full story, but she told me that Bryce would make her do stuff to him in order for us to stay at his house," Justin shifts in his seat uncomfortably.
"What kind of stuff did he make her do?" Dennis presses. Tristan sinks in her seat and her face burns with embarrassment.
Justin squeezes his eyes closed as he answers, "Sexual stuff. She told me that she didn't want to, but Bryce would threaten her if she didn't..."
"Was this a one time occurrence?"
"No sir, she said it started a couple years ago, and it didn't stop until last fall. When I found out, I stopped letting her come to Bryce's house with me..." Justin's face reddens and he can't find it in himself to take a peek of his sister.
"Thank you, nothing further." Dennis says and retracts back to his desk.
Sonya stands up and moves forwards towards Justin, "So you were intoxicated at this party last fall, is that correct?"
"Yes."
"And you would regularly get drunk at parties, isn't that true?"
"Yeah, I guess, sometimes,"
"And you're a habitual user of heroine isn't that correct?"
"Objection!" Dennis shouts, "Relevance?"
"Goes to capacity and reliability, Your Honor." Sonya responds.
"Overruled." Judge Campbell decides.
"Justin, you're a heroin addict, isn't that correct?" The woman repeats.
"I wasn't then. I'm in recovery."
"And on the night in question, you brought Jessica upstairs with the intention of having sex with her, correct?"
"I thought it might go there." The boy says.
"And you never actually saw Bryce and Jessica during intercourse, correct?"
"I heard noises."
"Noises that could have been sounds of two very drunk teenagers having sex, correct?" Sonya drills.
"No. Jessica was passed out. She couldn't... she couldn't speak."
"She couldn't speak when you left her."
"I literally just left the room." Justin responds.
"And when you entered the room, you saw Bryce standing over her, not on top of her, correct?"
"Yeah, but he shoved me out."
"Mr. Foley, isn't it true that you never saw Bryce assault anyone?" Sonya asks matter of factly.
"No! That's not true!"
"Isn't it true that you concocted this rape story to save yourself from the embarrassment of what really happened? Your girlfriend cheated on you with your best friend."
"No." Justin's head is spinning from the pounding of questions and he can barely keep up.
"And isn't it true that you and your sister conspired this assault to get revenge on Bryce for cheating with your girlfriend?"
"No! That's not true!"
"Objection!"
"And isn't it true that you're lying now?"
"No."
"Asked and answered!" Dennis yells from his bench.
"No, I'm telling the truth... He raped them. I'm telling the truth."
Clay keeps a close eye on Tristan as they wait for Justin to be released from the court. She has been in a manic state since her brother's testimony, and Clay doesn't know how to help her.
"Tristan?" The girl looks up and sees Zach and Alex walk towards her, Clay, and Tony. Zach takes hold of her shoulder and leans down to see her better, "Tris, what's wrong?"
Tristan shakes her head and pulls away from the boy. Zach quickly looks to Tony and Clay for an explanation for how she is acting. Clay talks in a hushed voice, "Justin told the jury about Tristan and...."
Even though Clay tries not to say his name and talks quietly, Tristan can still hear him and bites her lip so hard that she can taste blood in her mouth.
"And the jury's not buying it. We have to go after Monty." Clay huffs, "We need those pictures."
"Who would know where he is?" Alex asks.
"And why would they tell us?" Zach says, crossing his arms.
No one says anything for a moment before Clay perks up, "I know who to ask. Zach, do you have Scott Reed's number?"
"Oh guys," Tony says and everyone looks up, seeing Justin Foley exit a door and look around for his friends. "Justin!"
The boy perks up and sees everyone huddled around another. He also sees Tristan, and how torn she looks. Once he reaches the group he reaches out and touches Tristan's arm, "Tris, I...I-"
Tristan bolts towards her brother and flings her arms around him, tightly enclosing him in an embrace. The boy holds her in place, squeezing her body closer to his. He feels as though he has failed her, after his story being ripped apart in court, he can't even imagine a way to apologize to her. She doesn't deserve this.
"Justin," Clay speaks up, causing the two siblings to turn and look at him, "We know where Monty is."
Justin stands up straight and steps closer to the group, "Let's get him."