And Justice For All

Summary: Dave and Garcia work together to track down a killer along the way they discover new things about themselves and each other.

Dave gets entangled in the chase of a serial killer. Can Penelope help him before it is too late? And can anyone help her when she falls in love with the wrong man?

Chapter 1 - Rogue

Dave lay on his back and stared at his bedroom ceiling as his phone rang a second time. The first ring had jerked him out of a sound sleep instinctively he had looked at his bedside clock; it was 5:15 am. He had several hours before he had to get up and go to work. He contemplated ignoring the phone as it continued to ring. On the seventh ring he gave in and picked up the receiver.

"I swear this had better be good," he growled.

"And good morning to you too," a male voice said over the line.

Dave paused not recognizing the voice.

"Who is this?" Dave asked.

The man chuckled. "I know it's been a while since we've talked and it is early but I can't believe you don't know who this is. It's me, Jack."

"Jack? Shit Jack! What the hell man its five o'clock in the morning," Dave reminded him.

"I am aware of the time," Jack chuckled. "But thanks for pointing that out. Listen, I need to talk to you in person and not at the office. I don't want anyone to know we talked. Not yet anyway."

"Oh what the hell," Dave groaned. "It's not like I was doing anything important."

"At your age you should sleep less," Jack suggested. "You don't have a lot of time left you know. You should make the most of it."

"I went to bed at 2, Jack. I am entitled to a little sleep you know."

"I know," Jack conceded. "Meet me in an hour for coffee at that place by the airport. You remember which one?"

"I remember," Dave sighed. "The one where the cute little Danish girl use to work. How is your wife by the way?"

"I'll tell you later. Get your ass moving," Jack ordered. "I'll see you in an hour."

The line went dead before Dave could reply. He hung up the phone and pulled himself out of bed to get ready.

An hour later Dave parked his SUV in front of the café that he and Jack use to frequent in their younger days. The building had been renovated but the café still had the same name and he hoped the same coffee. He could see that Jack was already inside two cups of coffee and a newspaper sat on the table in front of him.

"About time you got here," Jack complained as Dave sank onto the chair.

"It's been exactly an hour," Dave frowned as he picked up a cup and took a drink. "What the hell, you call me out here to harass me?"

"I have a favor to ask," Jack said quietly.

The café was still empty except for the two of them and the three women behind the counter. The three workers were all busy preparing for the day and not paying attention to the two older men.

Dave leaned over the table and responded just as quietly. "You got me out of bed to ask a favor?"

Jack nodded looked around the room and out the window before pushing the newspaper across the table. "Ten years ago a congressman's daughter was killed in New Hampshire. The killer was never found and the local police were told indirectly to drop the case. I received an anonymous phone call yesterday telling me that I needed to check it out. I can't do that as you know. I need you to look into it for me."

"Why all the cloak and dagger, Jack? You know you could have just come to me and asked I'm always willing to help you," Dave stated.

Jack chuckled without humor. "Because, if I am right about this, and you know I usually am, the shit is going to hit the fan as they say."

Dave sighed and sat back in his seat to stare at his friend. "So you're going to throw me to the wolves?"

"No," Jack protested. "I need this taken care of. I need this case given priority and I need it to be done no matter what. I know you. You're a tenacious bulldog, once you get your teeth into a case you don't let go until the bad guy is caught."

"I didn't come back to the FBI to get my ass kicked out," Dave countered.

"You won't," Jack replied. "I promise. No matter what happens you'll be safe."

Dave fingered the edge of the newspaper. "I'll have the team start on it first thing."

"No," Jack said shaking his head. "No team. Just you. Things are going to happen very quickly and this needs to be a one man operation. Your boss, hell your boss's bosses are going to tell you to stop. Don't do it."

Dave looked at his friend closely. The man was hunched over the table there was an air of expectancy about him. Everything cell inside of him was screaming 'walk away' but when he looked into Jack's eyes there was no way he could say no.

"I have your word," Dave asked.

"Whatever you need to do, do it." Jack nodded.

"How much time do I have?" Dave asked as he finished his coffee picked up the newspaper and stood to leave.

"As much as you need," Jack replied.

"I'll be in touch," Dave stated as he walked out the door.

Dave walked into the BAU bullpen and was surprised to find himself as the only one there then he remembered that everyone else was probably sleeping in. A crash from the break room alerted him that he wasn't as alone as he thought. He sauntered over hoping that the early morning intruder was making coffee.

"Good morning Penelope," he said with a smile to the woman who was bent over sweeping up coffee grounds.

Her startled shriek and jerk upwards caused the coffee grounds on the dustpan to go flying across the room. "Agent Rossi," she hissed. "You scared the living daylights out of me. Why are you sneaking around here?"

Dave bit his cheek in an attempt to keep from smiling as he stared at the disheveled woman.

"I thought you were a burglar," he said holding back a smirk.

"A burglar," she repeated. She had one hand on her hip and the other which was still holding the dustpan was waving around in the air her face a mask of slightly disguised disgust. "In the break room on the sixth floor of the FBI building?"

"Crazier things have happened," he said softly. "What are you doing here?"

"Trying to make some coffee," she said sadly. "Shouldn't you be sleeping?"

"Shouldn't you?" he countered.

She gave him the look again. "I am on call for four BAU teams, three of which are still in the field, there is no sleeping today."

"I'm sorry," he replied all thought of humor leaving him. He stepped further into the room. "I'll make the coffee."

Her shoulders slumped. "Thanks. I'll just finish cleaning up the mess I made."

As Garcia bent over again to sweep up the coffee grounds Dave set about making a fresh pot for the both of them. He set the newspaper on the counter and started working.

"You never answered my question," Garcia said with a muffled voice.

"Which one?"

Garcia stood up and dumped the grounds into the trash container. "What are you doing here?"

"Couldn't sleep," he shrugged. He continued without turning around. "I thought I'd come in and get an early start on the day."

"And scare the bejeezus out of me," she grumbled.

Dave looked at her and grinned. "That's just one of the perks!"

She waved the dustpan at him. "Don't make me hit you; I don't like violence you know!"

He laughed and put his hands up in surrender. As the coffee began brewing he picked up the newspaper and contemplated his next move. He hadn't looked at whatever it was that Jack had given him so he had no idea if it was enough information or not.

"Hey Garcia?"

"Yeah," she replied absently as she rinsed out hers and Dave's coffee cups even though they were sitting in the cupboard.

"Can you teach me what you do on the computer?"

She laughed. "Honey, I don't think we have enough time for that."

"What do you mean," he frowned.

"You're not getting any younger," she said gently.

Dave's frown turned to a scowl. "That's the second time today that someone has referenced that I'm old."

Garcia looked at the clock then back at Dave. "It's not even seven yet, what have you been up to this morning, my sweet?"

"Never mind," he said shaking his head. He turned and began to leave the break room.

"Agent Rossi," Garcia called as she followed him to the door. "If you need something I can look it up. I always have time for you."

Dave stopped and looked back at her. "Thanks. I'll let you know."

In his office, Dave sat at his desk and opened the newspaper. He flipped through the pages until he reached the obituaries where he found a small yellow post it note taped to the page. The only info on it was a name, a date of birth and a date of death. This was going to be more difficult than he thought.

"Here's your coffee," Garcia stated as she stepped through his door. She placed a steaming mug on his desk and looked at him. He was stroking his beard as he peered at her.

"Close the door," he requested quietly. "I need to talk to you."

"There's no one else here," she reminded him as she closed the door.

"Please sit," he asked as he gestured towards the chairs in front of his desk.

"I just want it to be on record that you're scaring me once again," she said softly as she sat and scooted the chair closer to his desk.

"Noted," Dave replied as he placed his elbows on his desk and folded his hands together. He rested his chin on his hands and stared at her for several seconds.

"Sir," she began nervously. She began to stand up. "I really have things I should be doing."

He nodded. "Maybe you should do that while I decide how much I can trust you."

She dropped back down onto the chair. "You can trust me, Sir. Whatever you need, just tell me."

"I still remember the last time I asked you to keep something quiet," he reminded her.

"That was a long time ago," she stated a slight blush covered her face and neck. "And in the end you really did need our help."

He took a deep breath and let it out. "That is true," he conceded. "But this time, this time is different. You could lose your job if it was found out that you helped me."

Garcia paled and swallowed hard. "My job? I can't lose my job," she whispered.

"You should go," Dave told her as he looked at his desk and shuffled things around.

"Sir?" she began as she stood once again. "Was there something you needed me to look up?"

"I'll find another way to get that info," he said dismissively.

"I can do it," she pleaded. "I want to do it."

He shook his head. "I don't want to put you in a bad place, Penelope."

"I'm the best tech the FBI has," she said strongly. "If they figure out it was me then I do need to lose my job."

"Garcia…"

"Rossi!"

"Fine," he relented. He reached into the paper and pulled the sticky note off of the page then handed it to her. "This should match a murder case in New Hampshire from ten years ago. Get me everything you can and I swear Garcia, if I find out you have told anyone about this I will never buy you another fuzzy pen or electronic gizmo again let alone talk to you. Understand?"

She nodded. "Yes Sir."

She took the slip of paper and left the room as Dave perused the rest of the newspaper and drank his coffee. He was taking a huge risk in Garcia but somehow he knew this time she wouldn't let him down.

It was a quarter to ten when Garcia slipped into his office and placed a thick folder on his desk. "Sorry it took so long," she apologized. "B team is hot on the trail of a guy in Dallas and needed me to work my magic."

"You're forgiven," Dave smiled. He touched the folder she had brought. "This is more than I expected."

Garcia opened her mouth to speak then stopped herself and closed the door. "There's very little information about the girl whose info you asked for. However, I found a series of murdered women whom were found in the same park as your victim. I didn't know if it would be relevant but I thought since I was already in it I might as well get that info too."

Dave nodded as he opened the file. "Remind me of this the next time something shiny comes out that you want but can't afford."

Garcia grinned at the top of his head. "I'm sure I can come up with something suitable for repayment, maybe dinner?"

He looked up at her. "You want me to take you out to dinner?" he asked watching her closely.

She nodded. "Just like we were on a date," she whispered. She bit her lower lip as she waited for his reply.

"There are rules against fraternization," he reminded her.

"And you started caring about that when?"

He snorted. "I'll let you know if I do," he smiled. "You pick the place Kitten. I'll let you know when."

"And I want a good night kiss," she demanded. "Hell if I'm going in I might as well get the whole experience."

"Sweetheart you couldn't handle the whole experience," he said suggestively enjoying the blush that once again crept across her skin. He absently wondered where that blush started.

"Ok, well maybe not the whole experience," she laughed and he joined her.

A knock at the door broke through their laughter. Garcia opened to the door to find Hotch standing there.

"Is this a private party?" Hotch asked.

Dave closed the file and smiled at his friend and unit chief. "I was napping," he explained. "Garcia was my wake up call."

Hotch frowned. "Have you been here all night?"

"I'm going to my office," Garcia stated as she slipped past Hotch. "I need to check on B team."

"Thank you Garcia," Dave yelled as she made her escape.

"Well?" Hotch asked as he stared at Dave pointedly.

"No I have not been here all night," Dave said. "I left the same time you did, remember? We walked out together."

Hotch's frown lessened as he settled into a chair. "What time did you come in? I didn't see you."

"Seven?" Dave said vaguely.

"Have you gotten any sleep?" Hotch asked worriedly.

"About two hours worth since I came in," Dave smiled.

"Good to know we're paying you for something worthy," Hotch smirked.

"Did you need something? Other wise I will start to do something more constructive."

Hotch shook his head. "I saw Garcia head this way and wanted to see what she was doing," he explained. "Like I said I didn't see you come in so I had no idea you were here."

"I'm the new FBI ninja," Dave smirked.

"At your age? I didn't know ninja's used walkers."

Dave glared at the younger man. "You can leave now."

Hotch laughed as he got up and walked out the door.

'What the hell,' Dave muttered. 'I'm not that freaking old!'

He opened the folder and began reading the information Garcia had compiled. The only thing his victim, Sylvia Mathers and the other victims had in common was the location of their bodies. Sylvia Mathers had been choked to death. The other seven women had also been asphyxiated but had been raped and their bodies were mutilated.

The information for Sylvia Mathers case was only three pages long: the original report, the autopsy report and a short follow up report. It bothered him that the case had been shut down without any reason as to why. He decided to jump in with both feet and call the family.

He picked up the phone and called the operator. After several minutes he had the office and local home phone numbers for Congressman Mathers. The phone number in the report was for the residence in New Hampshire as Congress was in session he took a chance that the whole family would be in the area.

He called the Congressman's office first. After identifying himself to the receptionist he was connected to the Congressman.

"Agent Rossi? What can I do for you," the Congressman asked pleasantly.

"I'm sorry to bother you, Sir but I am looking into the death of your daughter Sylvia and I…"

"I'm sorry," Congressman Mather cut him off. "But the issue is closed. And I don't want you looking into it."

"All due respect Sir but don't you want to know who killed your daughter?" Dave asked.

"I said it's closed," the man said angrily. Dave sighed as the Congressman hung up on him.

He then dialed the other number hoping that Mrs. Mathers would be a little friendlier. He was greeted by a busy signal. He set the receiver in its cradle and waited a few minutes. As he picked up the receiver again he became aware of Hotch at his door.

"What are you working on?" Hotch asked as he stood in the door.

"A cold case," Dave said in reply. "You got something?"

"Yeah, a pissed off Congressman. What the hell are you getting into?"

Dave shrugged. "Just checking out something for a friend," he smiled weakly.

"Whatever it is you need to stop," Hotch ordered. "Find something else to do."

"Ok," Dave replied amiably. Dave watched as Hotch walked away. Jack was right the shit was hitting the fan quickly. He thumbed through the files re-reading the police reports and looking at the pictures. Something was wrong and now he had sunk his teeth into it and just as Jack had predicted he wasn't letting go. He picked up the phone again and dialed.

"Are you insane?"

"Possibly," Dave muttered without looking up. "What do you want Erin?"

Erin Strauss stepped fully into the room glared at him. "I was assured by Agent Hotchner that he told you to stop whatever you were doing with the Sylvia Mathers case."

"That would be true," Dave agreed. He looked at the woman towering over him.

"And have you? No," she continued without letting him answer. "The Director of the FBI has called me personally to tell you to knock it off. I don't care what you are doing it stops now!"

Dave sat back in his chair and looked at her calmly. "Don't you think it's odd that someone's daughter was killed and they don't want to know who did it or to make sure that justice is served?"

"It is none of our business," Strauss growled. "If the family says leave it alone then we will. Do you understand?"

"Completely," Dave said holding his hands up in surrender. "Doesn't mean I agree though."

"Leave it alone David," Strauss warned. "Leave it alone or you could find yourself out in the cold or worse."

"Are you threatening me?" he asked softly.

"I'm trying to get you to see the big picture here," she replied. "Apparently you are as thick headed as ever."

"I see the big picture Erin. Unlike you and most others, I'm not afraid of the dark. I just want to see that justice is served for those who can no longer speak for themselves," he explained.

"How very noble," she said sarcastically. "You should write that down it would be a great line in one of your books."

"I'll be sure to credit you," he sighed.

"You do that David," she said as she started to leave. "Write a damn book, harass some girl or something but leave the Mathers alone!"

Penelope Garcia trudged through the empty bullpen yawning as she made her way to the glass doors. It had been one of the longest days of her career and she was in a hurry to get home. She glanced up at Dave and Aaron's offices to make certain they had gone home too. She stopped mid-stride when she realized Dave's door was open. The lights were off but his door was open. Dave was meticulous about closing his door at night. He would put his trash bin outside the door for the janitors and then lock the door behind him. He hated when people were in his office when he was gone.

She made her way up the ramp and across the catwalk to his door. A shiver ran down her spine as the hair on the back of her neck rose. She peered into the open doorway trying to be as quiet as possible in case he had fallen asleep. It wouldn't have been the first time but usually he had a light on. She didn't see or hear anything so she reached in and flipped on the lights. The room was empty.

She glanced around the room not really noticing anything at first then she realized that some of Dave's personal belongings were gone. Her gaze fell to his desk where she spotted a note sitting. Not caring if she got caught she picked it up and read it. The note was addressed to Hotch.

I believe that everyone deserves justice especially those for whom no one else will speak for. I don't want to involve anyone else in this but I can't stop looking into this case just because some Congressman says so. You're a Father, don't you think it is odd that this man doesn't want his daughters' killer to be found. I will call you when this is over. You can consider this my letter of resignation if you need to. Dave

Garcia dropped the note turned off the lights and closed the door before making her way out of the building. Her head was spinning as she thought through everything. The information Dave had asked for, the way he had been acting all day and now that damn note. The man was working on getting himself into some real trouble. She wanted to help him but knew if she showed up at his door he would kick her out not so politely. She drove home and began to formulate a plan.

"Has anybody heard from Dave?" Hotch asked as he stood in front of Rossi's closed office door. No one answered aloud as they all shook their heads.

"Want me to call him?" Emily asked as she picked up her phone. She listened for a minute then replaced the receiver on the cradle. "Straight to voicemail."

"Anybody see him leave last night?" Hotch asked. Again the team shook their heads.

"Maybe he fell asleep in his office," Reid suggested.

Hotch chuckled. "That wouldn't surprise me."

He turned and tried the knob and was surprised when it opened. He peeked around the door and saw that the room was empty. He flipped on the light to get a better look and saw a note lying on the desk. With a muttered curse he picked up the note and began to read. Still reading the note he pulls out his cell phone dials and starts walking out of Dave's office.

"Get Garcia and meet me in the conference room," he ordered to the room in general as he descended the ramp and left the BAU bullpen.

"Strauss, we have a situation," he said into the phone. "I'm on my way to your office."

David Rossi grabbed his go bag and exited the bus. He peered through the early morning exhaust and tried to get his bearings. Spotting a waiting taxi he strolled over and climbed into the back seat. He gave the cabbie an address and strapped himself in for the ride.

Aaron Hotchner and Unit Chief Erin Strauss entered the conference room silently.

"Where's Garcia?" Hotch asked as he took a quick head count.

"She's not here," Emily replied.

"And she's not answering her phone," Morgan stated as he snapped his own cell phone closed.

"Do you think she went with him?" Strauss asked.

"Went where? With whom?" Morgan asked.

Hotch shook his head as he answered Strauss. "The note said he didn't want to involve anyone else. And she would be the last person he would take with him anywhere."

Strauss nodded. "Maybe she is sick or overslept."

"She was really busy yesterday," Reid piped in.

"We should check anyway," Hotch said solemnly his face as grim as ever.

"What's going on?" Reid asked quietly.

Hotch looked at his team. "Dave was looking into an old murder case in which he was told twice to stop. Apparently, he has decided to continue his investigation away from the BAU and without permission."

"In other words, he's gone rogue," Strauss cut in coldly.

"We've been ordered to find him and stop him," Hotch said bleakly. "Morgan, Prentiss go to Garcia's place and get her in here. We're going to need her expertise."

"Nobody can hide from her," Morgan said as he stood up. "This should be quick."

"I hope so," Strauss grumbled.

Hotch continued. "Reid and I will go over to Dave's and see if he left any clues there."

"What about the case Dave is working on?" Reid asked. "Will we be working on that as well?"

"Absolutely not," Strauss said forcefully. She stopped for a moment then continued in a calmer voice. "You will be allowed to see the case and use it as a tool to find Agent Rossi. However, under no circumstances are you to try and solve the case. Is that understood?"

"Yes ma'am," Hotch replied for the team. "Morgan, Prentiss once you get back here with Garcia start tracking Dave. You know the routine. But remember, Dave knows the routine too. Our only hope is that we can get ahead of him."

Morgan smiled grimly. "We will. We've got one thing he doesn't."

"What's that?" Strauss asked.

"Garcia," the unit replied as a whole.

End Chapter 1