Part 2

Third week of October
NCIS
The six of them sat around a table. Mac, Harm and Tony had been joined by agent LJ. Gibbs, head coroner Dr. Mallard and forensic technician Abby Scutio. They discussed their next steps.
Dr. Mallard took the floor. "I read the autopsy report and contacted my colleague who conducted the autopsy. I think we can be satisfied to conclude that little John Doe died of SIDS."
Next it was Abby's turn. She had run the fingerprints found on the cellophane through every database but had come up empty-handed. She also tried to match the faces but failed again. After comparing racial characteristics she thought it most likely the man and woman originated from Mexico.
Both Abby and Dr. Mallard left the room. Gibbs looked at Harm.
"What will be the next step?"
"Let's assume Abby is right and this couple is Mexican. Then the first and second of November will be important holidays. The Feast of the Dead. It's believed that the souls of children come back to earth on the first of November and the second day it's the turn of the adult souls. I think it's a safe bet they will visit the cemetery then. I plan to be there, too."
Gibbs nodded. "Sounds like a plan but the cemetery has three exits. You will need more people. I'll be there as well."
"Me too," Tony stepped in. "And McGee said so will he."
"That makes five of us," Mac stated. "Bud also volunteered so we can have three cars with two persons each. I think it's safe to say they won't turn up before the end of the afternoon. Both for safety reasons as because of that's the normal time to start the celebrations. I think when we set up surveillance from 2 o'clock, to be on the safe side, we have a fair chance to catch them."
The rest of the logistics was discussed rather quickly.

Friday, November 1st (Day of the Little Angels)
Van outside graveyard
Almost 17.00
"Will they be here?" Mac asked to no one in particular. She and Gibbs had been waiting in a darkened van now for almost three hours. They watched the most likely entrance to the cemetery, the one closest to the little grave and the one the couple had used from the previous time. In two other cars Tony was paired up with Bud and Timothy McGee with Harm.
Suddenly the radio cracked. "They're coming" It was Harm's voice. Mac grabbed her binoculars and Gibbs the camera. Slowly the two people approached, the woman carrying a large basket. At the little grave they crouched. The man took a little broom and started to remove leaves and grass. The woman placed a bouquet of marigolds at the grave, candles and some toys. Next to that a bottle and a saucer with candy were placed.
The three agents and three lawyers now had left their cars and slowly closed in on the couple. As by agreement they waited and left it to Harm to choose the moment. Which he did when the couple rose and started to walk away.
"Can I have a word with you?"
The man paled and the woman started to shake. The man looked around for a way out but seeing the other four men and one woman now surrounding him he realized the futility of the attempt.
"Yes," he managed to bring out.
"I think we will be more comfortable somewhere else."
Meekly the two followed them to the van. Mac, Harm and McGee joined them in the back, leaving it to Bud and Tony to collect the cars.
Twenty minutes later they were sitting in the same conference room they had been in days before. Gibbs ordered coffee and then it was up to Harm to start the conversation.
"What are your names?"
The man looked like he was going to be silent but then thought better of it.
"We are Javier and Ana Latorro." He swallowed. "And yes, we are the parents of that boy. Our Dante."
"You are here illegal?" It was a blunt question but Harm didn't see a reason to beat around the bush.
"Yes. We come from Mexico. From a little village just south of Penjamo. We applied for a green card but we were denied."
"You are living in Washington now?"
"Yes."
"What happened?"
The woman sobbed. Mac laid a comforting hand on her shoulder. Javier had difficulty to contain his emotions as well.
"Ana got pregnant. It wasn't supposed to happen but it did. Dante was born September 22nd. The others shared a look. That fitted with the first visit to the grave. Harm had been right.
"We were so happy with him. He was such a sweet baby. We didn't see anything wrong. But then one morning Ana found him dead in his crib. He was almost five weeks old." He grimaced from grief.
"Did you notice anything on him the previous evening?"
"No, nothing. He drank his bottle like always and felt asleep. I fed him at two o clock and everything was normal," Ana declared. "And in the morning …"
Now Mac stepped in. "Did you have help with the delivering?"
Ana hesitated. "Yes but … I can't tell you more."
Mac understood. If it became known a medical worker was helping illegals it could have consequences. "I won't ask names," she ensured.
"Yes, I went to a small clinic," Ana said. "They provided prenatal care and when I went into labour I went there too. After Dante was born he was checked out and he was fine. Mrs …" She felt silent, then said "Mrs dropped by two days before Dante died and she said nothing was wrong."
Mac nodded slowly. That fitted the diagnosis of SIDS.
"Do you know what was wrong?" Ana asked.
"You know we had to examine him," Mac told her. She didn't dwell on how that examination had taken place. The picture of her baby cut open was something she wanted to spare the mother. "Nothing popped up. We think the cause of death was SIDS."
"He was sick? We could have done something?" Ana jumped out of her chair. Mac placed her hand on her arm and with soft pressure pushed her down again.
"Yes and no. SIDS stands for Sudden Infant Death Syndrome. It's not a cause; it's a description of what has happened. A baby between the age of three weeks and eighteen months dying unexpectedly. No one sees it coming; there are no signs something is wrong. There are many theories about the cause, the part of the brain regulating the respiration not being full-grown being one of them." There was no sense in telling them a warm environment and the baby sleeping on its tummy might have contributed.
"Respiration?" Ana frowned.
"His breathing," Mac explained. "Yes, there was something wrong otherwise your baby hadn't died. But there was no way you could have known. I ... we are sure you did everything to be good parents. We could see straight away Dante was well cared for."
Both Ana and Javier fought to control their emotions. Silently Gibbs placed a box of tissues next to them and went to order more coffee. He knew what was coming next. Legally he had to hand them over to the police. That meant deportation, without even the possibility to take some of their belongings with them. Was justice done? The little boy had a name, that much was true. That was a pro. But did it outweigh the cons? This case knew only victims.
When he came back inside again Ana had started to speak once more.
"It was supposed to say goodbye."
This caused baffled faces.
Javier explained. "We were supposed to leave for Los Angelos this weekend. We don't like the climate here and my brother lives in LA. He told me he can arrange jobs and accommodation for us." He went silent and hung his head. That was not going to happen anymore.
There were looks exchanged between Harm, Mac and Gibbs. Gibbs left. A few minutes later he entered the room again. Silence ruled.
"What happens next? " Javier finally asked. Ana just let out a suppressed sob.
"Wwweeelll," Gibbs stretched the word. "Officially it's case of the Washington police. That means we nor JAG has jurisdiction. That means also we have no right to put you in custody. We have to hand over our findings to the police, though. Monday, I think."
Javier was quick to understand. "That means we can go now?"
"Yes," Gibbs confirmed.
Javier turned to his wife. "Come," he urged her. "We have to go." A bit unstably she rose. Before they left the room he shook both Gibbs' and Harm's hand. "You are good men," he declared. "Thank you."
Gibbs called for someone to lead them out of the building before taking his seat at the table again. "I take it you're okay with this? There is no need in holding them. There are only victims in this case."
Harm couldn't agree more. "I know we are not supposed to help illegal immigrants but personally I can't condemn people that come here in search of a decent life. I'm fine with it." On the background Mac nodded her agreement as well.
"Well, this case is closed. As I said, I will take care of the paperwork." He stood and stretched. "Let's call it a day."
Harm and Mac nodded. They were ready to go home as well. Gibbs escorted them out of the building. He smiled one of his rare smiles.

Harm and Mac drove home in silence. They were each engulfed in their own thoughts. In her apartment Mac announced she was going to take a shower and she liked a hot drink afterwards. Harm smiled; he knew a cue when he heard one.
Later on the couch he held her close. As he had expected there were tears.
"I can't imagine in how much pain she must have been loosing her baby. And having to leave it at the side of the road. I can't even bear to think about loosing our baby."
"Our baby?" Harm didn't believe his ears.
Mac smiled through her tears.
"Yes, our baby. I am pregnant."

The end