Ch 2

The bullpen was quiet; not all of the team were there, but those present were working diligently to identify the perpetrators of a confidence scam targeting Navy dependents. Tim was checking the financial records of several victims and Ziva was looking for a common link between them. The morning had been fairly uneventful and they looked up when Abby and Tony entered the room. Dressed in her court suit, Abby looked uncomfortable and relieved. Tony's face was slightly petulant.

"I'm glad that's over." Abby sat at Tony's desk and slid off her court shoes. "Did you notice Chip never looked at us. I wanted to see him squirm, but he acted like we weren't even there."

"I wanted to testify against him." Tony was frustrated.

"If you wanted to, you could take him to civil court and sue him for the pain and suffering you experienced when you were accused of the crime he fabricated." McGee suggested.

"Rule 13, Probie. 'Never, ever involve lawyers.'" Tony quoted. "I don't want to bring new ones into the picture. I guess I should be content knowing he's going to jail. He doesn't strike me as the type that would do well there."

"You should have brought him a harmonica. He'll have time on his hands; it's only right to return the favor." Abby smirked.

"Why are you speaking as if it is all over?" Ziva was confused.

"Chip took the plea bargain offered by the DA and the judge accepted the terms. He won't be going to trial."

"A plea bargain?" Ziva

"He confessed to aggravated assault and aggravated battery but the defamation of character…" McGee started.

"…Breaking and entering, theft, desecration of a corpse…" Tony cut in.

"…Trespassing, obstruction of a federal investigation, and all of the rest of the charges were dropped." McGee finished.

"I know what a plea bargain is, but did the prosecutor not have a strong case against Chip?" Ziva asked. "Why should he get away with everything he did to Tony and George Stewart?"

"It's nice to know you care." Tony smiled

"I guess the DA didn't think he had enough to guarantee a conviction. The physical evidence from the carpet fiber was destroyed during our fight. I have nothing that proves he framed Tony." Abby mourned.

"With that little DNA, it was a long shot anyway." McGee flinched when he saw Abby's displeased reaction.

"We have circumstantial evidence, but a good lawyer might be able to explain that away. It would come to his word against hers, and Abby on the stand is not always the best witness when you aren't talking about forensics." Tony ignored the glare Abby sent his way.

"In Israel, he would never have gotten away with it." Ziva said.

"He'll get three to five years and his career is over." Abby was not pleased with anyone in the bullpen right now.

"It saves the public money and you won't have to take the chance that he'll get off lightly if a sympathetic jury is seated." Tony added.

"Then why does the not take a chance with a jury?" Ziva wondered.

"Who knows? I don't want to think like him. I don't even want to think about him." Abby was getting worked up. "Do you know how many cases he worked on? All of those defense attorneys will call the evidence he processed into question. I need to retest it myself to be sure he wasn't up to anything else, then send it off to independent laboratories for confirmation. Cynthia let me know that the director has already received a number of notices for delay of trials and the deposition requests will be right behind them."

"I haven't done forensic chemistry in awhile, but I'm still qualified to help. Let me know if you need me." Tim offered.

"Not right now." Gibbs had appeared. "McGee, David. Need you to talk with a Mrs. Evelyn Granger. She's been identified as the contact person for two of our victims. Here's her address. DiNozzo, I need you talking with Metro. Abby…"

"I'll check out…"

"I was just going to tell you to take a break while you can. You've earned it." Gibbs looked around at the stunned faces of his team. "What are you waiting for?"

As the team jumped into action, Ziva filed her questions away for later. She'd not been an investigator for long, but she'd been an operative for years. She'd studied people and she knew what made them act the way they did. Someone like Chip who believed himself, however wrongly, to be right would not confess to a crime unless there was some benefit to him avoiding a trial. Ziva felt that something wasn't right and she would figure it out. However, right now she needed focus on the coming interview. She smiled; maybe if she asked nicely, McGee would let her drive.


"Like the I've stated before, I ran the prints collected at the crime scene through AFIS. I did not find the prints at the crime scene. I did not collect the prints. I simply took the evidence brought to the forensic lab and entered it into the system. That was the only work I did for your client's case." Charles was doing his best to answer Ms. Marian Beetner, lawyer for Kyle Unger, a teenager accused of distributing drugs at the Norfolk Naval Base.

"Did you come into contact with any of the physical evidence?" Ms. Beetner shifted in the uncomfortable chairs provided by the prison in the interview room.

"I worked only with the fingerprints."

"Surely that wouldn't keep you busy. Are you certain you did no other work on this case?"

"I was kept busy with the Rodman case; that evidence had been brought in the day before. The evidence logs, the laboratory reports, and the deposition by Ms. Scuito should corroborate my statement."

"Were you ever left alone with the evidence from this case?"

"No."

"Never? She didn't leave to report to a superior or just to take a break?" Ms. Beetner was skeptical.

"Ms. Scuito does not leave evidence lying around, even when her assistant is in the room."

"So you are saying that there was no opportunity for you to manipulate the evidence?"

"No opportunity." Charles kept his answers short to control his urge to tell her what he thought of her.

"Had you ever met Mr. Unger before, or had an opportunity to collect his finger prints?"

"No, never."

"Mr. Sterling, what exactly happened between you and Ms. Scuito in the NCIS forensic laboratory on the evening of November 22, 2005?" Ms. Beetner switched tactics.

Charles' lawyer decided to step in at this point. "My client's statement is a matter of public record, Ms. Beetner. If you are curious you may look it up, but I believe you are finished questioning my client now."

"Thank you for you time, Mr. Sterling." Ms. Beetner collected her papers and stood up from the table with a disgruntled look.

Charles waited until she left to speak. "What is she thinking? Why would I jeopardize my position to compromise evidence in a case where the guy was caught red handed?"

Mr. Harold L. Steele, Esquire cleared his throat and played with his mustache. Charles resisted the urge to snort at his mannerisms. The pompous windbag was close to incompetent. He'd attained his lucrative career due to his connections and maintained it using the talents of his junior partner. It turned Charles' stomach to know that this parasite was being paid quite well by his mother.

"You're a mystery to them. Though you didn't admit to it, it looks like you took the job at NCIS to set up DiNozzo. If that were the case, who knows what else you'd do to hurt him."

"Not that. I wanted to tell that stiff faced prune where she could take her questions."

"She was irritating, but she has the responsibility to advocate for her client. If she can squeeze any doubt out of your actions and place it in the minds of the jury she will." The lawyer paused. "I know that we've discussed this before and you are as satisfied as possible with the result of your deal, but I still think you had a good chance of an acquittal if we'd taken your case before the right jury. Both of your fingerprints were on the knife and all of your coworkers knew she didn't like you. We could have planted suspicion of a set-up."

"You've never dealt with NCIS before, have you?"

"My clients are primarily civilians."

"When you've had a chance to butt heads with Special Agent Gibbs, you'll understand my decision."

"If you say so. Tomorrow you'll have your first appointment with the psychologist to evaluate you for admission into their experimental rehabilitation program here. It could lead to an early release should you complete it successfully. Normally they wouldn't even consider you since you committed a violent crime, but I pulled some strings."

"Thank you."

"Yes, they're willing to test you for admission into the program because you did plead guilty. It shows you have some remorse, you are ashamed of the deed and want to live differently."

"Oh, yes. I've learned from my mistakes."


"Couldn't we get to her at home? It wouldn't be hard to get someone into her place posing as a city employee coming in to check the utilities." Mark had cancelled his afternoon appointments to plan with Charles. They were determined not to make any mistakes this time.

"Yeah, it would be easier, but it doesn't matter. She never takes it home."

"And you're sure you want to do it this way?" Mark took in Charles' set face. "Okay. So the thing never leaves NCIS and Abby herself is potentially at the lab at any hour. When are you sure she wouldn't be there?"

"The only certain time she'd be absent would be when she has to be at court."

"That shouldn't be hard to find out. Who has access to the lab?"

"There are the agents and evidence technicians."

"We don't want an NCIS employee, especially not an agent. People notice what they do when they're around. Someone like a janitor would be better."

"There's only one company that has a contract to work in the Navy Yard. We could get someone into the agency, but there are so many buildings that you can't be sure of getting someone assigned to NCIS building." Charles shook his head.

"What about deliveries to the lab?"

"Most of the deliveries don't come directly to the lab. There's a central area for receiving packages."

"What about all of those machines? They must break down sometimes. Does she have a mechanic come in to fix them?" Mark was getting frustrated.

"She usually calls the manufacturer for information or she'll figure out how to fix it on her own. When that doesn't work, she'll call in United Medical Equipment Repair. They have specialists that can deal with most of the equipment in her lab." Charles thought. "She's going to be too busy to do much of the maintenance herself with her own work, retesting mine, and the extra legal business she'll have because defense lawyers are going to have a field day with my conviction. She'll call United next time something breaks down."

"Do they vet these people?"

"No, they're just checked at the gate."

"That might work. Remember Nate?"

"Yeah. He built us a go-cart when we were kids."

"He's still a whiz with anything mechanical. He went back to trade school to get some specialized training, the economy being what it is. He just finished his coursework and he's looking for a job. I think we could get him in."

"Then we just need to get something to break."

"Or have it broken for you. Tell me, how often does NCIS work with the FBI?" Mark smiled.