The title, inspiration for the story and all the chapter titles are taken from the poem by William Ernest Henley. (see end notes)
This story is AU 100% AU. The timeline is mostly AU. Some of the canon characters deceased in the show are still alive in this story.
A story that starts with an alienated team's journey on a convoluted trail of past failures and present inner conflicts. A trail that leads from isolation and estrangement to eventual resolution, and a conclusion at that fork in the road, and the choices each one makes once they get there.
UNCONQUERED
PROLOGUE
THIS PLACE OF WRATH AND TEARS
Outside the grand jury courtroom seated in one of the hard chairs waiting to be called to testify at the preliminary hearing, Detective Anthony DiNozzo, Jr was determined to keep his promise, therefore he had to lose the butterflies, the sensation of being strangled by his tie, and the nervous jitters. This was important. Suited up with an appropriate accoutrement of complimentary staid tie, light blue dress shirt, and highly buffed shoes, his outside appearance was faultless and he knew he radiated calmness and composure. On the outside. Inside his stomach did nausea-inspiring somersaults.
NCIS NCIS NCIS
In the courtroom, thirteen-year-old Jason Klein was on the stand. He exhibited no other emotion but fear. He was dressed in his school uniform and his brown hair was neatly combed. He kept his eyes on the stand in front of him and sat perfectly still. He was tall, skinny and gawky, had pimples and wore glasses, and his left arm was encased in a white cast, which no one had taken the trouble to autograph.
Attorney Dyles, attorney for the defendant, Kenneth Klein, had his strategy well planned out, it was a no brainer. Kenneth Klein was one of Dyles law firms biggest clients, very lucrative money tree, a guarantee of continued overflowing coffers to an already filled to the brim strongbox.
Dyles firm earned millions as the attorney's for Klein, Inc., and Kenneth's son Jason wanted to ruin things for everyone. Not in his lifetime. Dyles only concern was for himself and maintaining his means of living though he had nothing against the boy and didn't know if his father had abused the him or not. It wasn't any of his business and besides that, it wasn't important, the kid would just have to buck up and accept that life wasn't fair.
His firm's loyalty was to Kenneth Klein, therefore the man was not going to jail and his reputation would remain intact. The kid would be returned to his 'loving' father in the perfect family setting once enough money had exchanged hands to guarantee success of the prescribed agenda, or even better and preferable, good people would look the other way as money greased their palms in order to perpetuate the lie. And Dyles conscious would remain clear.
"Do you know what it means to tell the truth, the whole truth and nothing but the truth, Jason, being that your answers seem to vacillate back and forth widely during questioning?"
"Objection! Your honor, there was no question there. And would you instruct counsel to use terminology appropriate for a young boy!"
"Mr Dyles, you know better! Objection sustained!"
Dyles expected the objection but he had gotten the question out. He had this dull and lifeless teenager tripping over his tongue, stuttering and stammering, making mistakes and rethinking everything. He'd be recanting his accusations against his father before too much longer no matter how often his court appointed child advocacy lawyer objected. The so-called not bribable judge was the only wild card in this scenario. The anonymous threat the judge should have received earlier regarding his university enrolled daughter and mysteriously failed car brakes should have frightened him enough to bring him around.
"Jason, you told the police officer that you ran away from home because your father beat you and broke your arm, is that true?"
"Yes, sir".
Dyles stood to the right of Jason blocking any encouraging looks he might have received from his defense team. He knew the boy daren't look over to the left where his father sat so he was reduced to staring glassy-eyed at the floor with an occasional clandestine peek at the back doors. If Dyles had to guess, Jason was probably wondering where the police officer was who had helped him. He acted like he trusted the officer. Ha, the kid had to, there was no one else.
Certainly not his partner Matthew's of Matthew's and Dyles, Attorney's at law, or the other powerful men sitting in the rows of seats behind Kenneth Klein in unified solidarity and support, rich men, pillars of the community, un-defeatable.
"How did your father break your arm?"
"He twisted it, sir."
"Did you know that your doctor...Dr Verante, who is in the courtroom today, will be willing to testify and verify it by your x-rays that your injury could not have been caused by a twisting motion but was more what you would see as a result of landing on it on a hard surface such as falling from your bike?"
"No, sir."
"Did you fall off your bike or perhaps fall down the stairs and then blame your father for your injuries because he wouldn't allow you to attend summer camp because of your bad grades?"
Jason bit his lip and hunched in on himself. He shook his head once in denial and stammered, "I...didn't..."
"Answer the question, Jason! Isn't that what happened? Speak up and tell the truth for once before it's too late!" Dyles watched gleefully as the kid cringed even more at his angry harsh tone of voice.
"Objection!" Jason's lawyer stood up and raised his voice in anger. "He's badgering the plaintiff, your honor..."
"I agree. Jason, you may step down. Is the detective here to give testimony?"
"But, your honor. I haven't finished..."
"As far as I'm concerned, you're finished with this witness, Mr Dyles. Take your seat."
The judge addressed Jason's lawyer. "Is Detective DiNozzo here?"
"Yes, sir. He..."
"Bailiff, bring the officer in and swear him in."
"Detective DiNozzo, do you swear to tell the truth, the whole truth and nothing but the truth...?"
"I do."
Tony gave an encouraging smile to Jason who sat between his court appointed lawyer and Mrs Daniels, his child advocate. They were all three giving everything they had so that this abused boy would not have to set foot in his father's house again.
Tony testified to what Jason had told him when he found him sitting on a bench on that early morning rainy day in the park. Tony had gone for his usual run and had just decided to cut his exercise short and return home as the light drizzle was turning into a summer storm with darkened skies and pending heavy downpour.
"...so we sat in the cafe and I bought him hot chocolate. He said his father made him sleep in a barrel outside, and when he was in the barrel, sometimes his father would take potshots at him with his rifle. One time he said he tipped over a small cup of milk and his father got angry and ordered the dogs to attack him and he ran to the backyard and climbed into the barrel to get away from them, and he stayed in the barrel all night even though it was raining because he was so afraid. He said his father broke his fingers when he slammed the piano lid on his hand because he was playing a song his mother had taught him...he..."
"Your honor!" Dyles said in a patronizing, bored voice. "This is all hearsay and should not be admiss..."
The boy's lawyer refuted. "As a police officer, your honor, Detective DiNozzo's testimony should be..."
Before Dyles could open his mouth again, the judge barked out.
"Enough! I think I've heard enough. Step down, Detective DiNozzo. Where's this boy's mother?" The judge called out impatiently as he closed the file on his desk.
Dyles answered smoothly, this was a slam-dunk. The judge had apparently gotten his warning and was taking it to heart by hurrying up the proceedings and making a quick judgement.
"She's at home waiting for her son and husband to return so they can start to get their lives back in order, your honor, and put this all behind them. My client in the meantime has engaged the best child psychologist to treat Jason Klein for his pathological lies and his attempts to garner attention from his father in inappropriate ways, and has made efforts to locate a better school for..."
What a sorry excuse for a human being. The judge eyed the attorney impassively hiding his true feelings of contempt well. "Is that so, Mr Dyles, very commendable. But since this is not about your client but a boy who claims to have been abused, why don't we give Jason Klein the benefit of the doubt." And the judge watched as the attorney's face fell in dismay.
The judge then looked over at the boy and said kindly. "Jason, you'll be remanded over to Mrs Daniels and placed in a foster home or group home pending further investigation. How does that sound?"
And finally, the judge was rewarded with a toothy though tentative grin, the first one he'd seen on the boy's too solemn face today. The judge nodded at Jason in a gesture of support then turned to the court clerk. "Place this case on the docket to be continued. Case to be re-examined at a later date. I want hospital records, school records, and someone needs to talk to his mother," and he banged his gavel on the coaster. "Next case."
Needless to say, Kenneth Klein and the group of men, including his lawyers and his character witnesses; a head of a corporation, even a chief of police, were not happy with the judges' edict when they exited the courtroom down the middle aisle. Jason received a friendly slap on the back from Detective Tony and a brief one armed hug from Mrs Daniels, and Jason felt joy for the first time in his young life. Finally, he was free of the monster that was his father.
Then everything went to hell in a hand basket. The perfect FUBAR of unbelievable proportions.
NCIS NCIS NCIS
Detective DiNozzo had to go back to work, that is if he still had a job. Earlier, the police chief had paid him a visit and he hadn't been subtle. "Walk with me." The Chief had said, and they had stopped at the coffee kiosk near the police station. "I've known Kenneth since grade school. There is no way he is abusing that boy. It would be in the boy's best interest for you to think about what you intend to say in your testimony at the hearing today. The boy needs help and his father wants to get him the help he needs now that he knows the seriousness of Jason's problems."
"What exactly are you saying, Chief?"
"You're a smart boy, DiNozzo. I don't need to spell it out for you. You're in line for a promotion and you'll continue to rise through the ranks. Just be cautious at what kind of testimony you give at the hearing today."
The Chief had walked away, back to his office. Two of the other detective's, who had close ties with the Chief, had come up on either side of him as he started walking back. Their idle chit-chat consisted of strange things that could happen on a police force if one wasn't careful, for instance, a dangerous absence of backup, missing drug evidence on a case he was handling, the inability to watch his own back when backup never showed up, mysterious muggings in dark alleys behind his apartment with broken bones and hospitals the results. He got the point. His fellow officers had walked away in all friendliness and camaraderie.
His testimony today had not been compromised by blatant threats but it had sealed his fate. More importantly, though, it had guaranteed the fate of a young boy and freedom from a tyrannical father. So DiNozzo had finished his testimony and gone back to the department expecting the worst and wasn't disappointed when he found his demotion papers on his desk. He was back to walking a beat in uniform after he served his stint in the basement, first with cold cases and then property clerking. He accepted the dirty looks from some of his fellow officer's, not all, but those who were in the Chief's pocket, and the understated menace as he cleaned out his desk and headed for the nether regions where he found a desk in the gloom and a truckload of cold case boxes to start sorting through.
Mrs Daniels had another preliminary emergency court case to attend immediately after Jason Klein's hearing; two siblings needing protection from their alcoholic mother. So she entrusted Jason to his court appointed lawyer to transport him to her office at the County Children's Advocacy Center in the same complex as the police station, where Jason would wait in the children's waiting area until she returned in about an hour. Then she would take him to lunch before transporting him to a middle-aged couple who were willing to take in an older boy to foster.
"You hungry, Jason?" His lawyer asked. "Let's get a snack. Don't tell my wife but I'm up for a hotdog at the hot dog cart with all the trimmings."
"Yeah, me too." Jason was finally relaxed enough to eat something. After eating their hotdogs and soda's and chips on a bench, they started to walk towards the lawyer's car when the lawyer was stopped by the D.A. who had just left the building, for a quick discussion regarding a plea bargain for a client. It was starting to look a little cloudy so rather than make Jason wait, his lawyer handed him over to Officer Crandall who was just returning from his lunch. The policeman worked as court security and sometimes taxi driver to the kids.
Jason wanted to know what he had to do to be a police officer and that's what he and Officer Crandall talked about during the drive back. Officer Crandall arrived at the police station and parked his vehicle at the police station parking lot with the intent of walking Jason to Mrs Daniels office in building W. The Chief of Police returned just then and saw them walking and thought what a fortuitous happenstance. Time to teach this young upstart a lesson in the benefits of veracity and loyalty to his betters. It was not too late for him to recant his lies about his father.
The Chief got out of his car and sent his driver on. Here was a chance to do a favor for his best friend Kenneth. This lying boy needed a good talking to, put the fear of God into him for the benefit of his dad.
"Officer Crandall, isn't it? They got you taxi driving again?"
"Yep. Don't mind though, sir. Jason here's a good kid. Wants to be a police officer someday. Would be a definite credit to the force."
Craftily, the Chief implemented his plan. "I'm on my way over to building W now. Why don't you head back to the courthouse and I'll deliver, Jason, is it? I'll take him to Mrs Daniels office."
"Sounds good to me, sir. I'll catch you around, Jason." And the officer waved and left.
"I have a stop to make first at my office, Jason." And the boy shuffled along meekly now all bounce gone from his step as he followed the police chief, his fathers good friend. Head down and dejected, his budding feelings of confidence and well-being had come and gone so quickly.
In the Chief's office, the Chief removed his gun and holster and hung them on the coat tree by the door and placed his jacket on top of them. He then sat behind his desk and had Jason stand in front of it where he proceeded to give the boy his version of a tough love dressing down.
Two big burly police officers with their guns prominently displayed on their hips came in for a spontaneous friendly visit and filled up the room with their presence, and emptied the room of air and oxygen 'til Jason couldn't breathe. They talked to each other about their kids and what would happen to them if they were caught lying. Scared-straight tactics for a scared boy who wasn't bent.
Eventually, and inevitably, Kenneth Klein and his lawyer Dyles joined the party. Jason had been relegated to a hard chair in the corner. Kenneth Klein didn't even glance at Jason as the men sat around the Chief's desk and talked about their golfing plans, the police ball, and ungrateful children deserving of punishment. Coffee was passed around in a relaxing afternoon break.
Jason had many thoughts running through his head. Like asking to use the bathroom but he didn't dare. He was thirsty and thought about the nice Mrs Daniels who had promised him lunch and who was probably looking for him by now. He sat quietly for an hour staring at his clasped hands and thinking over and over the same thought. No one was stronger than his father, no one ever beat him. Maybe Detective Tony might have done so if he had been here, but he wasn't here now.
Jason got up from the chair unnoticed, determined and strong, he would not wince or cry aloud again. He walked to the door and wiped his sweaty hand on his pants. He reached the coat tree and reached under the Chief's jacket and pulled the Chief's gun from its holster. It was easy to learn about guns on the Internet so he knew to release the safety lock first and then cock the hammer.
All the men in the room who had studiously ignored him before, the Chief, the veteran cops, his father's lawyer and his father knew what that sound was. Too late, he finally had their concerned, undivided attention when they turned as one at the familiar sound and stared at him in horror as he put the gun in his mouth and pulled the trigger.
NCIS NCIS NCIS
Down in the basement, Tony finished storing his possessions in the decrepit ancient wooden desk assigned to him with the scarred surface stained from coffee cup rings and burning cigarette butts. He felt a kinship with the old desk, worn out and abandoned but still with some life remaining and some usefulness retained within its sturdy timber feet still holding itself up.
Yeah, it's just you and me, desk. You're the desk and I'm a piece of kindling for fire or maybe an old timers baseball bat for the grandkids, still got some use in us, don't we, buddy? Tony mocked himself because none of it mattered. Jason was safe, everything else was dross. His whimsical thought's were interrupted by a flurry of activity by the door.
"Hey, DiNozzo? Geez, man! You hear what just happened? Some poor kid offed himself in the Chief's office, with the Chief's own gun, man. Some kid named Jason Kl...Hey, DiNozzo, where you going?"
Running and gasping. Puffing and heart hammering as he raced out of the basement and up four flights of stairs and out the metal door. To a crowd of uniforms standing around with 'what just happened' shocked looks on their faces, and some tears. The Chief's windows next to the door had blood and brain matter on them when Tony thought about it later. He pushed and shoved his way through the standing bodies and stumbled into the room to a dead boy lying on the floor covered with a yellow sheet and no loving arms holding him close. The boy was so carelessly covered with the yellowness that his skinny arm protruded from under the sheet and the Chief's big gun was still clutched loosely in his hand. Kenneth Klein was there in the room so in spite of Tony's racing heart and heavenly pleas, the body lying beneath the tarp had to be that of Jason Klein.
"No no no noooooooooo!"
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NCIS Navy Yard
"Director Shepard, Jen, yes Captain Jones here. You still have that opening for a field investigator for your Lead field agent's team? Got a kid named Anthony DiNozzo not doing too well and who needs to get out of 's been quite a shake-up. What a mess. Long story short, the Chief of Police was fired and may be facing criminal charges along with two police officers who are on unpaid suspension pending the results of IA's investigation into their involvement in the intimidation, terrorizing and bullying tactics perpetrated against a minor causing the minor's death by suicide.
"Yeah, the Chief left his weapon unattended and allowed a thirteen-year-old kid that DiNozzo was mentoring to be so traumatized by himself, his father, his father's lawyer, and two uniformed cops with guns that the kid got ahold of the Chief's gun and shot himself in the mouth right there in the Chief's office.
"When DiNozzo found out the kid was dead, he near took the Chief's head off with his bare hands. Problem is, the Chief had some friends here and resentment and blame against DiNozzo by a few boneheaded cops does not make for a safe environment, at least internally within the ranks. Can you fit him in, you owe me, Jenny? Yeah, call us even."
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A/N. The Poem
INVICTUS
by William Ernest Henley
Out of the night that covers me,
Black as the pit from pole to pole,
I thank whatever gods may be
For my unconquerable soul.
In the fell clutch of circumstance
I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed.
Beyond this place of wrath and tears
Looms but the Horror of the shade,
And yet the menace of the years
Finds and shall find me unafraid.
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate:
I am the captain of my soul.