AN: As I have limited legal knowledge, please excuse any mistakes I make or chalk them up to artistic license for the story. I am not a lawyer, or a doctor. I try to bend situations to make for a good story, not necessarily total accuracy. Thanks.
Gibbs dropped Abby off to pick up her car. She headed straight to the hospital, and Gibbs promised to meet her there later. He needed to make a stop first.
Flashing his ID got him into the Hoover Building and up to Fornell's office.
"Wondered when you would drop by," Fornell said.
"Had some stuff to deal with. How good are your computer guys?" Gibbs asked.
Tobias grimaced and shook his head. "Good enough to go toe to toe with your guys. Why?"
"McGee won't be in the office for a week. I want to know if there's any suspicious activity." Gibbs took a seat and sighed. "Tony deserves as much privacy as we can give him."
They sat quietly for a moment before Fornell spoke. "So, your junior guys went sideways on DiNozzo?"
"That's what they get for disobeying a direct order to leave things alone." Gibbs grunted. "I knew there was some testosterone flying between them, but I didn't think it was as bad as this."
"Why do I think you're talking about more than just snooping in one of our cases?"
"Vance just let me in on scuttlebutt that said Ziva and McGee turned the radio down when Tony was out on the job."
Fornell's eyes widened dramatically. "They left him without backup?"
"Possibly." Gibbs grimaced and drank from his coffee cup. "There was an investigation and nothing came to light, but still."
"Leaving your partner swinging is unacceptable. Can't believe you actually left them on your team after that."
"Innocent until proven guilty, in spite of wanting to kick both their asses." Gibbs drained his coffee cup and chucked it in the small trash can beside the desk. "So what's going on with Senior?"
"Finally sobered up enough to start screaming for a lawyer. As much as I hate it, I gave him his call. Don't think he'll appreciate what his lawyer said back. Any time you want to start talking to him, we can go for it."
Gibbs hesitated. "I don't think I should be in there, Tobias." At his friend's curious look, he shrugged. "Right now I just want to shoot him. Not very good for Tony."
"A word to the wise," Fornell cautioned. "It's not just DiNotso anymore. Based on Scuito's statement, we took the liberty of looking into a few of Senior's business ventures. It's not looking very good for him. Looks like a solid case for tax fraud, money laundering, and a few other felonies lurking in the shadows. Senior's getting careless in his old age."
"Nail him to the wall," Gibbs said. "When are you going to question him?"
"We can go now. I was waiting for you."
There was nothing Gibbs wanted more than to go into that room and beat the elderly man to pulp, but he wouldn't do that to Tony. Senior had made a fool of Gibbs, and if there was one thing he hated, it was to look foolish. He paced in the observation room and watched Fornell face Tony's father.
The elder DiNozzo hadn't fared well during his enforced stay. The dapper suit was wrinkled and stained, and while he'd washed his face and tried to comb his hair, he still looked hungover and rumpled.
"Where's Junior?" he demanded as soon as Fornell walked in.
"Out of your reach, for now."
Senior frowned and banged a fist on the table, wincing slightly at the noise. "Have you called my son?"
Fornell shook his head. "Nope."
"Then I demand you call my son. He's a federal agent. He'll clear this up."
"I am not calling your son."
"Why the hell not?"
"Because, Mr. DiNotso, your son is in the hospital and still unconscious."
That shook the older man. "What? What happened?"
"You don't remember? You were there," Fornell said, his tone falling just short of outright taunting. "You don't remember your son being taken to the hospital?"
"Why should I remember that? I was in my hotel last night. Speaking of which, what did you do to me? I don't remember being arrested." Senior leaned forward and tapped the table with his finger. "There are laws against this kind of harassment."
"There are also laws against assaulting federal agents. Assault with a deadly weapon."
Senior leaned forward over the table. "That's why my son is in the hospital? Arrest the guy who did it!"
"We did." Fornell let the silence do its job as the pieces slowly came together.
"Are you accusing me of harming my own son?"
"That would be correct."
The elderly man leaned back and scoffed. "That is absolutely ridiculous. I would never hurt my son."
Fornell grinned and opened one of the files in front of him. "Really? I find that very interesting."
"What the hell's that?"
"These would be the medical records for a nine year old boy. Diagnosis of a broken arm, broken collarbone, and a concussion. Child services was called, but somehow the case never was filed. Same child, two years later. Broken leg, fractured cheekbone, bruising from head to toe. Excuse given was a fall down the stairs, but a report filed by the attending doctor concerning the manner of the injuries was never brought to police. This doctor thought the injuries looked like a beating, not an accident."
Senior shook his head in confusion. "What does this have to do with me?"
"Would you like to know the name of the boy? Anthony DiNotso, Jr."
The outburst of laughter shocked both Fornell and Gibbs. "Junior wasn't abused. He had anything he could've asked for."
It was Fornell's turn to scoff. "Being disowned at the age of twelve and shipped off to military school hardly sounds like an ideal childhood. When we looked through DiNotso's records, it seemed rather too coincidental that his trips to the ER and the doctor skyrocketed when he was at home, versus when he was at school." Sighing, Fornell looked at the man across the table. "I have seen a lot of people sit at this table in this same situation. Murderers, terrorists, rapists, but I have to say, the scumbags that make my skin crawl the most are the child abusers."
"Slander is a crime, Agent. I will sue the FBI, and then, I'll have your job," Senior sneered. "My lawyer will have a field day with this farce. You have no idea who you're trifling with."
"Oh, I think I do," Fornell said. "Once we started looking into your background, we found all kinds of interesting things. I believe I have some friends at the IRS who have people who would just love to get their hands on your books. And some of your business partners? Let me tell you, I wouldn't want to be in your shoes when they find out that not only are you being investigated by the FBI and the IRS, but that their business dealings will be looked at, too."
"What the hell do you want from me? All I see right now is you pathetically trying to blame me for my son getting attacked and threatening to illegally investigate my business."
"Oh, we're not trying to blame you for attacking your son. We don't have to. You did it front of an eyewitness, who gave quite a descriptive statement." Fornell leaned forward again and dropped his voice to just above a whisper. "I just want to put your ass away, you miserable old drunk. No one has the right to cold-cock his own son, no matter the provocation. The only thing I think he's guilty of is trying to look for any kind of love or acceptance from you."
The quiet words rattled the old man more than anything said before. Clearing his throat and trying to summon his bravado, Senior said, "I want my lawyer."
Fornell smiled. "Here," and he pulled a business card out of his pocket and tossed it on the table.
"Public defender? Why would I want him? I want my personal lawyer."
"Well, I spoke with him before I came in here to see you. It seems that your lawyer wants nothing to do with you. Might have something to do with what I heard about all your accounts being frozen. Also, the fact that you had a unimpeachable witness describe your attack on a federal agent might have helped him make his decision." With a big smile and a wink, Fornell left the room.
Gibbs was waiting for him in the corridor outside. Even through the closed door, they could hear the incoherent shouts. "Did his lawyer really say that?"
Leading his friend back toward his office, Tobias laughed. "Oh, every word of it. His big-shot fancy-pants took off back to New York when he heard about DiNotso's assets being seized." He patted Gibbs on the back. "You've done your bit here. Doubt you heard anything you didn't already know."
"Having some details helped clarify some things that Tony hinted at," Gibbs said.
"Get to the hospital to be with your man. You just let me know when he wakes up so I can come talk to him."
"Not gonna let you in until he's ready, Tobias."
"Oh, yeah, saw that coming. But if we're going to make this stick, you know I have a job to do."
Gibbs smiled tightly. "I know. If you need any help, let me know. Still have Abby and you know what she can do."
NCIS~GOOMH
Ducky had prepared the day shift, because Abby walked right into Tony's room with very little hassle. The ME stood when she walked in, and Abby nearly lunged into his arms. "How is he?" she asked, her words muffled by his shoulder.
"Not much change, which in the case of a skull fracture and possible brain swelling, is very good news. On the other hand, I would be much more encouraged if he would show some signs of waking," he said. Pulling another chair to Tony's bedside, he sat and indicated that she should join him.
"How could he have done that? Not just because he's Tony, but because how could a father do that to his son?" Abby asked.
"Abigail, if I had an answer to that, I could solve so many of the world's woes," Ducky said sadly. "I wish I could diagnose and cure someone who could toss aside a son's love, but I can't." When she said nothing, instead leaning over and grabbing Tony's hand, he continued. "Abigail? Are you all right?"
"I screwed up, Ducky."
"You couldn't have stopped an event like that. Don't be so hard on yourself."
"Not that." Eyes glistening with unshed tears, Abby sighed shakily. "I love Tony so much. I can't believe that I fell for his dad's crap. I let Tony down 'cause I believed his dad."
"There is a reason why people are called conmen," Ducky said, trying to walk a fine line. "Yes, you should have used a little more discretion, particularly after what Tony had let us know about his father. However, his father is an expert in taking people into his confidence. You are a very trusting woman, Abigail, sometimes unwisely." He held up his hand to halt her protests. "You know this is true, which is one reason that Tony accompanies you when you go out to those clubs of yours."
She ducked her head. "It's just that he was so – so – "
"Yes, he was. I must admit, even suspecting what I did about the man, he used his charm to disarm me, to some extent. But he is a narcissist, and everything he gives, he takes back in spades." Ducky frowned at her. "Jethro told me that you were the one who stopped his attack."
"Yeah," she said, her word a hoarse whisper.
"He may try to charm you out of testifying against him."
Abby looked up, her eyes wide as she shook her head vigorously. "No, no, no! I can't do that! Tony was nice to him, and he was the one who got nasty! He hit Tony when he wasn't looking!"
"I'm just saying, Abigail, that a tactic like that would be appropriate for a narcissist. No matter what, he will always look out for himself, first, last, and always."
She frowned. "There's no way I can change my mind. I don't know I can ever forget the sight of that bottle hitting Tony's head. It just shattered, and there was so much blood…" Her voice trailed off, and Ducky leaned over to pat her on the shoulder.
"My dear, I can only hope that some kind of good can come from this situation."
They sat quietly for a few minutes before Ducky excused himself. Abby scooted her chair closer and laid her head on his leg, still clasping his hand. "Tony, please wake up soon. I need to talk to you. I need to apologize. I love you so much, and I know I hurt you. I have to fix it. I have to make it better." Her voice rose and fell with her promises of how she would never be taken in again and that she would find some way to make it up to Tony.
The elderly coroner found her asleep in that position when he returned. Standing in the doorway, he watched them, unwilling to disturb the two. He wasn't particularly surprised when Gibbs joined him.
"How is he, Duck?"
Dr. Mallard sighed. "As well as could be expected, but as I told Abigail, I would prefer that he show some signs of waking."
"But he should be okay, then, right?"
"The fracture itself is not depressed, which would be much more dangerous than the slight fracture he received. However, the prolonged unconsciousness is concerning, especially the longer it goes." Ducky frowned. "Anthony has received many blows to the head, and as you should be aware, cumulative concussions can wreak havoc on brain function. Still, I am cautiously optimistic, since the damage does not seem to be extensive, that he will recover unimpaired.
"Has his father been questioned yet?"
"Yeah, Fornell took care of it." Gibbs filled the ME in, although he noted that Ducky did not seem to be surprised at the revelation of the abuse. They stood and watched as Abby woke up and looked around.
Since Ducky had been there overnight, he went home to rest, and Gibbs and Abby stayed for a while. Settling in, they tried to make small talk without mentioning the concern that was mounting the longer that Tony remained unconscious.
"So, when are Timmy and Ziva coming to see him?" Abby asked.
"They've been ordered to stay away." Gibbs sighed, since Abby's expression wasn't going to let him get away with that simplistic answer. "I gave them an order to leave the situation with Tony alone and to finish their paperwork. They ignored me. Vance suspended them for a week."
"But why shouldn't they come see Tony?"
He grunted. "Do you honestly think that either of them would ever stand up for Tony against his father? Or would they lambast him and side with Senior?" Giving her a pointed stare, he continued. "Like you did until you saw the real Senior?"
"Oh." The single word was eloquent.
"Besides, I think Tony deserves as much privacy as he can get during this mess. Do you really think that he wants to have any more of this public than is absolutely necessary?"
They both sat quietly. "If Tony doesn't want to press charges, what happens then?"
"Then we leave it to Fornell to go after the financial side. Good on you to mention about the new deal. Apparently, Senior's getting sloppy about hiding his dirty money."
"But that's not fair that he wouldn't get punished for what he did to Tony."
Gibbs shrugged. "Hey, in the end, does it really matter how we get him to pay? Capone was brought down for tax evasion. Besides," and he gazed steadily at Tony, "I think that hitting Senior in the wallet would be more devastating than taking the assault charge."
They grew quiet again. Gibbs felt the urge for coffee growing, but as he shifted to stand, he realized that Tony's breathing had changed. Leaning forward, he looked into his agent's face and let a sigh of relief escape. There was movement behind Tony's eyelids. Abby saw the activity and grabbed Tony's hand.
"Come on, Tony. Time to wake up," she pleaded. "Wake up for us."