I have no idea why this didn't post when I tried to post it last night, so sorry about that. This is definitely a bit of a shorter chapter, but I felt like I needed to write a chapter that wasn't going to be so technical with legal crap, which is what the next few chapters will be… anyway, I'll update as soon as I get it written – Tony testifies first in the next chapter so get ready! Enjoy chapter eight until then!
Eight
"Are you having second thoughts?" Ziva asked while they were washing dishes Sunday night.
Tony shrugged as he dried a plate. "I don't know… it's hard to explain." He told her.
Ziva nodded. "You are scared?" She asked.
Tony nodded. "Terrified." He said quietly.
Ziva took the last plate out of the sink and began to scrub it. "It is okay to be scared Tony. Just do not look at him, you do not have to. Look at Jordan, or at the jury like he said, and everything will be okay." She said.
"I know… what if he wins?" Tony asked.
"He will not win, Tony. There is no way that will happen." Ziva told him firmly. She handed him the last plate to dry and put away and she dried her hands off.
She waited for Tony to put the plate in the cabinet before she wrapped her arms around his waist. She kissed his cheek softly.
"If it helps at all, I will be waiting right outside the courtroom when you are finished, and we can just go straight home after. Jordan will keep us updated." Ziva said.
Tony relaxed against Ziva. "I know… I want to do it, because it's the right thing to do…"
"But?" Ziva asked.
"What if… I don't even know, what if I get up there and I say something that I can't take back? And how many people are gonna be there? It's a public trial, they'll all find out who I am, and what I do, and what if my name gets out?" He asked quickly, his mind racing.
Ziva brought her hand up to play with the hairs at the nape of his neck lightly.
"D.C. has rape shield laws Tony, most of the media here will not release your name unless he is found not guilty." Ziva assured him.
"And what happens if he's found not guilty? Am I just supposed to be the big tough cop who said he was raped just because he couldn't defend himself?" Tony asked. He was starting to panic.
Ziva lifted her head off Tony's shoulder and her hands came around to cup his cheeks firmly, forcing him to look into her eyes.
"Take a deep breath." She ordered. "Now."
Tony did as he was told.
"Listen to me when I say, that unless every single piece of evidence is somehow contaminated between now and tomorrow, he will not be let go. They found his semen on you Tony, inside of you, your injuries… they will not be let go." She told him firmly, wiping a few tears off his cheeks.
Tony nodded. "I'm sorry." He said softly.
Ziva kissed his cheek. "You do not have anything to be sorry for love. Not one thing. I know this is hard for you, but I am so proud of you Tony. You have no idea how amazed I am at your strength through all of this… you're incredible." She said honestly.
Tony hugged Ziva tightly. "I love you."
Ziva smiled. "I love you too Tony."
Tony kissed her forehead softly. "Thank you."
Ziva smiled, pulling out of the hug. "Come on, let's go watch a movie." She said, taking his hand.
Tony followed her into the living room and walked over to the shelf of movies. He laughed as he pulled 'Mr. & Mrs. Smith' off the shelf and held it up for Ziva to see.
"Good enough?" He asked.
Ziva nodded, and Tony put the movie into the DVD player.
XXXXX
Tony's eyes opened, and he picked up Ziva's phone off the coffee table. He hit a button and the screen lit up, telling him it was two in the morning. The TV screen was still on, and the DVD menu was scrolling silently.
He lifted his head off of Ziva's chest and sat up.
"Zi." Tony said, shaking Ziva's shoulder gently.
Ziva's eyes snapped open and she sat up quickly. "What? Are you alright?" She asked.
Tony nodded. "I'm fine, we fell asleep on the couch." He told her.
Ziva looked around at her own living room and realized that he was in fact right.
"I figured a decent night's sleep in a real bed would probably be best for tonight." Tony said.
Ziva laughed lightly. "Fair enough." She said as she stood up.
She held her hand out to him. Tony pulled himself off the couch and turned the TV off.
"Are you showering tomorrow morning?" Ziva asked.
Tony nodded. "Yeah, I was planning to, why?" He asked.
"What time do you want the alarm set for?"
Tony shrugged. "Seven I guess. Give myself time to shower and eat something… well maybe not eating, that doesn't seem like a great idea."
Ziva pulled back the blankets on the bed and laid down on her side. "You should eat something Tony." She told him.
Tony laid down beside her and wrapped his arms around her. "I know… we'll see tomorrow, if I'm too nervous I can't eat." He said.
Ziva kissed his forehead. "Alright. Try and get some rest." She said.
Tony nodded. "At least after tomorrow I don't have to go back. Like I can just know it's going on without having to be scared about my part in it."
Ziva smiled a bit. "That is true. You still have an appointment with Paige tomorrow afternoon right?" She asked.
Tony nodded. "Yeah, at three, why?"
"Just making sure." Ziva told him.
Tony nodded against her chest, his eyes starting to close again. He was exhausted from being constantly worried.
Ziva rubbed his back softly. "Sleep." She told him.
Tony nodded silently and allowed his exhaustion to overcome him.
Ziva laid awake, running circles over his back with her hands for at least an hour. She wanted to make sure he was asleep and okay before she closed her eyes.
