Disclaimer:- I do not own NCIS or its characters and any copyright infringement is unintentional
A/N:- Reminder that I have taken some liberties with the legal and medical aspects to keep the story line flowing. It has been remiss of me not to thank those reviewers who do not sign in or prefer to remain anonymous, some of whom have reviewed every chapter, many thanks, L.
NIGHT TIME
Chapter Ten
Leon Vance and Tobias Fornell made the short trip to CIA Headquarters in Langley, Virginia in good time. With a tinge of regret, they sidestepped the flustered secretary and entered the director's office.
Director Neville Tobin was a large ruddy-faced man known for his hard-assed demeanour but with an obvious liking for the business dinners and banquets that came with schmoozing politicians. He looked up from his desk, more irritated than startled by the unannounced interruption, and dismissed his apologetic secretary with a distracted wave of his pudgy hand.
"Leon," he greeted with feigned pleasure. " Good to see you. Had you let me know you were coming we could have had lunch."
"Had you taken my call, I could have told you," Vance countered.
Tobin's smile froze and he gestured to the two chairs in front of his desk.
"I believe you know Agent Fornell," Vance stated.
Tobin nodded.
"I'm guessing this isn't a social call?"
"Is it ever? Tell me about William Arthur Stockton."
"Stockton! That file has got to be twenty years old; it's non-active."
"Stockton killed two of my agents and attempted to kill a third. He's lying on a slab in our morgue," Vance said. "I'd say it's extremely active."
Tobin's eyes narrowed and he keyed several commands into his computer and gave a small shake of his head.
"I'd like to help you, Leon, but the case it still classified."
"Read us in," Vance replied in a tone that left little room for negotiation.
"You know how these things work; I can't do that."
"We can place Stockton at the murder scene of three civilians and two of my agents," Vance repeated with quiet determination. "Either you read us in, or ZNN will run an expose tonight on how the CIA turned a blind eye to someone on their witness protection list murdering US citizens on home soil."
Tobin's dark eyes hardened.
"You wouldn't," he hissed.
Vance nodded to Fornell who withdrew his cell from his pocket and quickly keyed a number. He placed it on speaker and it rang several times before the call was answered.
"ZNN news desk, can I help you?" the reporter asked as Fornell lifted an quizzical eyebrow.
"Your choice," Vance said.
"Alright, alright, I don't need anymore trouble from the DNI than I already have," Tobin growled. "But you'll owe me one, Leon, and I'll collect."
"I don't doubt that for a minute," Vance responded as Fornell closed his cell. "We know that Stockton is linked to Thomas Grayson of Grayson Industries. What we don't know is how?"
After more keying the director look up from his computer.
"Stockton's real name is Jonathon Bailey."
"Bailey?" Fornell said. "Grayson's former business partner? He was supposedly killed in a boating accident."
"According to his file, Bailey crossed the local Mafioso – they put a contract out on him. He suffered horrific facial injuries needed reconstructive surgery."
"Where does the CIA fit into this?" Vance asked.
"Bailey and Grayson were into prostitution, illegal gambling, you name it. But the CIA was more interested in their connections with gunrunners and drug dealers in Columbia, El Salvador and Venezuela."
"So, Grayson and Bailey introduced your people to their connections and you set Bailey up with a new ID in Spain."
"That about covers it?"
"Who's Bailey's CIA contact?" Fornell asked. "Surely someone had to know he was coming and going?"
"That wasn't part of the deal. Once he had his new ID, he was on his own," Tobin said.
"Why is the case still classified?" Vance asked.
"I have no idea. As far as I'm aware, we shut down that operation fifteen years ago."
Vance scribbled Abby's email address on the back of his business card and passed it to his CIA counterpart.
"I'd appreciate it if you could forward a copy of Bailey's fingerprints to my forensic specialist ASAP," he said.
Fornell and Vance had reached the door before the man spoke again.
"Leon, I'm sorry about your agents."
Vance nodded in acknowledgement and followed Fornell through the door.
0-oo00oo—oo00oo—oo00oo—oo00oo—oo00oo-0
Almost out on his feet, Tony staggered drunkenly between Gibbs and the commander. The fact that he submitted to their aid without complaint or embarrassment spoke clearly of his deteriorating condition. Following the bailiff, they half dragged, half carried the younger man to the guest office and lowered him gently onto the couch.
"I have to see the judge in his chambers," Pete said looking with concern at his friend. "I'll petition for a postponement and send Doctor Mallard in. You got him?"
"I got him," Gibbs said, helping Tony out of his jacket and tie.
The commander gave Tony a quick pat on the shoulder before heading out.
"M'sorry, Boss," Tony muttered, gritting his teeth and wrapping his arm protectively around his injured ribs.
"Take it easy," Gibbs replied with thinly veiled concern.
Right on cue the door swung open again and Ducky, Palmer and Jackson entered. The ME cast sharp assessing eyes over his ailing young friend before slipping into full doctor mode.
"Jackson, would you and Jethro be so kind as to move the coffee table closer and elevate Anthony's feet," he instructed as he placed his medical bag on the nearby desk and removed the blood pressure monitor. "Mister Palmer, I believe I spotted a vending machine at the end of the hall. Be a good lad and fetch Anthony a chocolate bar and some fruit juice - something to lift his sugar levels."
"Yes, Doctor," Jimmy said scooting quickly out the door.
"M'fine, Ducky," Tony slurred.
"He's lying," Gibbs and Jackson said in unison before exchanging an surprised look.
"Yes, I can see that," Ducky said shaking his head. "Come now, young man, let's not waste my hard earned medical degree, hmm?"
After confirming Tony's blood pressure and, most likely, his blood sugar levels had dropped considerably, Ducky continued to assess the younger man's physical condition. His skin was ashen and his eyes were hollowed by fatigue and pain. The purplish smudges under both eyes stood out starkly against his pale cheeks and dark lashes. The muscle spasms were painful and struck without warning but another dose of Subutex lessened the alternating sweating and chills.
Palmer had arrived back with chocolate and juice that thankfully helped to chase Tony's dizziness away, though it remained to be seen whether he could keep the sweet sustenance down. The younger man appeared more alert but he desperately needed sleep and rest to regain his strength. Ducky hoped fervently that a postponement of the hearing would be granted.
The ME's attention shifted to Gibbs who was sitting shoulder to shoulder beside his agent. While the action seemed innocuous at best, the former Marine knew Tony would draw strength from the contact. He watched as the lead agent nudged Tony with his elbow and raised his eyebrows.
Okay?
Tony looked over and gave a slight nod in reply to the silent question.
Fine, Boss.
The former Marine rolled his eyes in reply.
Like hell you are.
The younger man responded with a tiny shrug of one shoulder.
I will be.
Gibbs nodded curtly.
I know.
The ME marvelled at the two men, communicating volumes in an unspoken language in which he would never truly be fluent. Something tied these men together; some weird chemistry he'd never understand. He doubted they understood it either but it bonded them and kept them in sync in a way that medical science could never adequately explain.
Fifteen long minutes passed before Commander Barnes walked back into the room.
"How's he doing?" Pete asked.
"You could ask me, you know," Tony told his friend, offering a grimace that masqueraded as a smile.
"Not if he wants the truth," Gibbs and Jackson quipped, exchanging another comical glance.
Tony rolled his eyes theatrically.
"Great…now I got Gibbs in stereo."
"I do believe that Messrs Gibbs have your number, young man," Ducky chuckled.
"What's going on, Commander?" Gibbs asked.
"The news isn't good," Pete replied looking at his watch. "Court resumes in 10 minutes. I tried to call Director Vance for an update but I couldn't reach him."
"They'd be here if they had something," Gibbs said cursing under his breath.
Ducky turned to the JAG officer.
"Commander, surely there is something we can do to postpone this hearing," he said. "At least until Anthony has sufficiently recovered."
"I'm afraid not, Doctor," Pete replied. "This is an evidentiary hearing. For this case to go to trial we need probable cause of Grayson's involvement or definitive proof and at the moment, Judge Brayden is not convinced we have either."
"Perhaps I could have a word with the judge and explain Anthony's condition," Ducky suggested.
"Believe me, Doctor, he's well aware of Tony's condition."
"Meaning what?" Gibbs said.
"Meaning I have a bad feeling that as soon as Tony gets back on the stand, Cameron Scott is going to turn the tables and try to make him look like the criminal."
"He can't prove what doesn't exist, son," Jackson said.
"Like I said, this is a hearing, not a trial," Pete replied. "He doesn't have to prove it if he can convince the judge that there is sufficient probable cause."
"And if he does?" Jackson wanted to know.
"Judge Brayden will find in favour of the defendant and release Grayson."
"What about Tony?" Gibbs asked.
Pete sighed heavily.
"Tony will be charged, held to answer and the court will schedule an arraignment."
"Oh my," Ducky said grimly.
A look of defeat flittered across Tony's face and disappeared as quickly as it had arrived. It was an expression Gibbs had rarely seen his agent wear and he found it troubling. Following a loud knock, the bailiff poked his head around the door.
"Court is due to resume in five minutes," he said.
Uttering reassurances they hoped were true, Ducky and Palmer and Pete returned to the courtroom leaving Tony, Gibbs and Jackson alone. The elder Gibbs placed both hands on Tony's shoulders and fixed his eyes on the younger man for a long moment.
"You listen to me, son," he said. "You are ten times the man Thomas Grayson is and you've come through to much to be brought undone by the likes of that Cameron Scott fella…you remember that, you hear me?"
"I will," Tony whispered when his voice choked with emotion.
He squeaked in surprise as Jack quickly drew him into a fierce hug.
"I'll see you in there," Jack said, squeezing Gibbs' shoulder as he headed back to the courtroom.
Tony closed his eyes for a moment and took a deep shuddering breath. Gibbs could sense the shift in his agent's mood and knew he was on the precipice of his self-control. The former Marine's gut clenched again, knowing that Tony had been holding something back since they'd found him at the tenement house.
"Something on your mind?" he prompted gently.
Tony's faced flushed with colour and heat and he averted his gaze.
'Come on, DiNozzo, give,' Gibbs silently urged.
The younger man shifted uncomfortably and cleared his throat. Twice he opened his mouth to speak but his voice failed him. Then a shutter dropped behind his eyes, rendering them opaque and stubbornly shutting down the need to share whatever it was that was tearing him up inside.
"We better get back," he uttered quietly.
Gibbs bit back a curse - he'd been so close. There wasn't much he could do for his senior field agent at the moment but wait. He could order Tony to talk to him but he had learned long ago, and from bitter experience, that would only result in the younger man placing an almost impenetrable defensive wall between them. As difficult as it was, Gibbs did what he had always done – he watched and he waited for the younger man to understand he had to push his independence and stubbornness aside long enough to realise he needed help.
Without a word, Gibbs assisted Tony to his feet before helping him into his suit jacket and patting down an errant lapel. A laugh, lurking on the border of hysteria, bubbled up in the younger man's throat.
"Career on the line, facing overwhelming odds and possible imprisonment…I gotta tell ya, Boss, this is getting kinda old?"
Gibbs shrugged a shoulder; the smallest of smiles curving his lips and chucked his agent lightly under the chin. Tony straightened his shoulders and took as deep a breath as his broken ribs allowed.
"Let's do this," he said.
0-oo00oo—oo00oo—oo00oo—oo00oo—oo00oo-0
Abby walked briskly into the bullpen juggling a Caf-Pow, a fruit juice and two bagels. She spotted McGee sitting forlornly at his desk.
"I come bearing news," she announced. "And also bearing an afternoon snack."
"What is it?" he asked glumly.
"Oh, well, I know you prefer peanut butter and mashed banana and, like, who doesn't? But the store was totally out of bananas so I got you salmon and cream cheese."
McGee stared blankly in response.
"Oh! You mean what's my news? Okay, well Director Vance and Fornell went to the CIA and they got Stockton's real name," Abby said practically vibrating on the spot. "You'll never guess it, Timmy, not in, like, a squillion years."
"Why don't you just tell me," McGee replied, not sharing her excitement.
"William Arthur Stockton was formerly known as…Jonathon Bailey, Thomas Grayson's former partner."
"Bailey?" McGee said. "He's been dead for twenty years."
"He got better! Long story short, he was placed in the CIA witness protection twenty years ago."
"Bailey had a criminal record – why didn't his fingerprints match."
"Because they were expunged from the national database when the FBI received a copy of his death certificate."
"That's our connection to Grayson," McGee said feeling the pressure roll off his shoulders.
"That's our probable cause but Gibbs wanted definitive proof remember?" Abby replied chewing her lower lip. "Maybe Ziva will have something when she gets back."
"Where did she go?"
"She went to get the CCTV footage from Radio Shack."
"Alone?" McGee replied shooting to his feet. "Why didn't she tell me? What if she needs back up?"
"She's driving to a Radio Shack store, Timmy, not parachuting behind enemy lines. I think she can handle it. Besides, we all know how hard you've been working to crack that encryption; she didn't want to bother you."
McGee dropped heavily into his chair and his shoulders slumped wearily as he turned to face Abby.
"Seems like everybody's making progress but me," he said bitterly disappointed. "The Boss and Tony were counting on me, Abs!"
"Tim."
"No! I know you're just trying to help but I need to face the fact that whoever wrote this encryption code is a hell of a lot smarter than me."
"Timmy."
"This is what I do, Abby, it's my specialty. We all have unique abilities and this is mine. I feel like I've let them down."
"McGee!" Abby yelled.
"What?" McGee startled.
Abby's face wore a smile as bright as the second sun as she pointed to McGee's computer monitor and the large green words highlighted on the screen.
Access Granted
Abby wrapped her arms around the IT Specialist and placed a big smacking kiss on his cheek.
"No one out-geeks my geek!" she said proudly.
0-oo00oo—oo00oo—oo00oo—oo00oo—oo00oo-0
As they walked back down the corridor toward the courtroom, Gibbs kept one steadying hand on Tony's elbow. They paused briefly outside the entrance and the younger man gently shrugged off the assistance and stood tall before walking unaided to the front of the courtroom and taking his seat in the witness box – he was desperately pale and a little shaky but not bad.
'Go get 'em, Tony' Gibbs urged silently as he took a seat at the front of the gallery beside his father and Ducky.
Within a few moments, Judge Brayden returned to the bench and the hearing resumed.
"Mr Scott, you may proceed," the judge said.
Cameron Scott approached the witness box eyeing Tony like a leopard eyes an antelope.
"Special Agent DiNozzo," he said. "May I remind you that you are still under oath?"
"Oh, could you?" Tony asked with feigned innocence. "And speak real slowly, I'm sure I'll get it this time."
Scott lips curled maliciously.
"I don't think you fully appreciate the seriousness of this situation," he accused.
Anger flashed in Tony's eyes and was tamped down in the space of a heartbeat.
"Oh, believe me, counsellor, I do," he replied, his voice brittle and contained.
Judge Brayden tapped his gavel in warning, breaking their mutually disdainful eye contact.
"Mr Scott, please ask your next question."
Scott studied Tony with icy contempt for a long moment.
"Agent DiNozzo, tell me how the banking records came to be in the possession of NCIS?" he began.
"I copied a large file from Evan Grayson's computer. The banking records were in the file," Tony replied.
"Evan Grayson? Don't you mean Thomas Grayson?"
"No, the files were copied directly from Evan's laptop."
"And he just left it lying around with highly incriminating information?" Scott asked sceptically.
"No. He usually carried it with him. Took me six weeks to get near it."
"If he usually carried it with him, how did you get it?"
"Evan and I were in the warehouse office when he received an urgent call from his father," Tony explained. "Something had happened. Evan was rattled, agitated – he left the office and went outside to get better cell reception."
"So, he left the laptop in the office…then what happened?"
"I downloaded the file to a memory stick."
"I see…this memory stick was later destroyed, correct?"
"Yes, Evan searched me, found it in my pocket and destroyed it."
"If the memory stick was destroyed, how did NCIS obtain the file?" Scott continued.
"I emailed a copy of the file to my NCIS email account."
"To your NCIS email account." Scott repeated. "Tell me Agent DiNozzo, why did you email this information to your own account and not to Agent Gibbs or one of your team members?"
"I heard Evan coming back to the office; I didn't want to get caught," Tony replied. "It happened fast; my email account was the first to come to mind."
"The first account that came to your mind," Scott repeated dubiously. "Interesting… What happened next?"
"About thirty minutes before the shipment was due to arrive, Evan and I left the office to check that everything was ready. Chief Petty Officer Louis Farrell was there. He recognised me…blew my cover."
"Go on."
"Evan spoke to his father who told him to kill us," Tony replied.
"The defendant was at the warehouse?"
"No. Evan called his father on his cell."
"You spoke to the defendant?"
"No," Tony said grimacing as his thigh muscles constricted painfully.
"Evan had the call on speaker?"
"No."
"Then how do you know that he was speaking to the defendant?" Scott asked.
"I…"
"You don't know, do you, Agent DiNozzo?" Scott continued. "You have no way of knowing who was on the phone that day! Your Honour?"
"Special Agent DiNozzo, you will answer the question," Judge Brayden instructed.
After a moment of thunderous silence, Tony took a deep breath before reluctantly replying.
"No, I don't know who was on the phone."
Scott did little to suppress the twitching smile, knowing he had won that point.
"Moving on," he continued"smugly, "in your statement you said that Thomas Grayson ordered his son Evan to kill you and Petty Officer Farrell, is that correct?"
"Yes."
"Putting aside the fact that we have now established that you really had no idea who was on the phone, I'm wondering why Petty Officer Farrell was killed yet here you are, very much alive?"
"If you mean very much alive in comparison to Petty Officer Farrell who's…well… very much dead… then, well played, counsellor, I concede that point."
"Your Honour," Scott whined.
"Agent DiNozzo," the judge warned.
Tony sighed loudly.
"When Evan learned I was a federal agent, he thought I'd betrayed and humiliated him," Tony winced at the memory. "He said that he was going to make me suffer; kill me slowly."
"And, of course, Evan Grayson is dead and cannot corroborate your story," Scott stated. "I say again…that's very convenient."
With a defiant lift of his chin Tony met the attorney's challenging glare.
"And I say again – not for him!" Tony ground out between tightly clenched teeth.
Gibbs' senior field agent was generally slow to anger and although he gave the impression of casual apathy and nonchalance, the former Marine knew without doubt that behind those green eyes was a keen intelligence just waiting to be underestimated. But there was something about the way Tony unveiled that inner core of steel that always made Gibbs want to stand and applaud. DiNozzo was fighting back and Gibbs was thrilled to see it.
Once again, Scott's lips curled back in more of a snarl than a smile and he glowered contemptuously at Tony.
"I put it to you, Agent DiNozzo that the reason Petty Officer Farrell was killed was not because he did identify you as a federal agent but because he could. Furthermore, I believe it was not Evan Grayson but you who killed Petty Officer Farrell to keep your cover intact."
Tony choked out a little laugh that owed nothing to humour.
"Wowsers! Kinda going out on a limb there, aren't ya, Cam?" he quipped.
"Objection, Your Honour," Pete said. "There's no evidence to suggest that Agent DiNozzo-"
Cameron Scott barrelled on, cutting off the prosecutor's objection mid-flow.
"I believe that after you killed Petty Officer Farrell, you and Billy Matthews stole a sample of the drugs for yourselves."
"No!" Tony snapped as his heartbeat quickened.
"You had yourselves one hell of a party. Developed a liking for it," Scott accused loudly, "but you went too far and you got yourself hooked."
"S'not true," Tony argued, ruthlessly suppressing the memory that crawled like a snake in the pit of his stomach.
"The heroin, PCP and scopolamine were stronger than the prescription meds you usually take to get high and you overdosed. Not too hard to imagine considering your history of failed drug-tests and Billy Matthews' addiction."
Tony's heart pounded so loud he could barely hear his own voice.
" I…I-"
He felt his stomach spasm painfully, robbing him of breath as an incipient panic clawed at his chest. He was vaguely aware of Commander Barnes' loud objections and the ear-splitting sound of Judge Brayden pounding his gavel to restore order but his attention was still on the unrelenting Cameron Scott.
"You killed Farrell, you stole the drugs and you got yourself hooked, then you had Billy Matthews tie you up so that when your team found you, you could blame Evan Grayson. Isn't that how it happened, Agent DiNozzo?"
Tony's heart pounded against his sternum and he pressed the heel of both hands into his eyes in a bid to stop the throbbing pain in his head.
"Answer the question, Agent DiNozzo!" Cameron Scott persisted circling like a shark before the kill.
In the gallery, Jackson and Gibbs exchanged concerned glances. The former gunny placed his hand on his fathers forearm to keep Jackson in his seat.
"Agent DiNozzo!" Scott insisted.
The pounding of the gavel exacerbated the throbbing in Tony's ears, drowning out the cacophony of raised voices around him and he screwed his eyes tightly shut as his vision swam in and out of focus. Suddenly it was quiet and he felt hands upon him and whispers echoing all around him. He threw his hands up defensively only to have them pinned firmly by his sides.
"Back with us, DiNozzo?" Gibbs asked, his words did not convey the concern but Tony saw it in the older man's eyes.
"Back?" he mumbled, swiping his dry tongue over parched lips.
"You phased out on us for a moment," Ducky said, passing him a bottle of apple juice with one hand and taking Tony's pulse with the other. "Small sips, my boy."
Tony took a drink and a soft sigh of relief escaped his parched throat. Looking beyond the concerned faces of his friends he noticed the judge and the attorneys were nowhere to be seen.
"What happened?"
"That Cameron Scott fella got a little too big for his britches," Jackson said casting an irritated glance at the closed door to the judge's chambers.
"Judge Brayden called Commander Barnes and Cameron Scott into his chambers," Palmer added. "He looked really mad."
The door to the judge's chamber was flung open and the expression on Commander Barnes' face was as sombre as any of them had ever seen. He walked to witness box, assessing Tony quickly before addressing the others.
"Any word from McGee?" he asked hopefully.
The look on the faces told him everything he needed to know.
"I tried again for a postponement," he said. "Judge Brayden wants this hearing over today."
"At what cost?" Ducky asked sharply. "Surely Anthony's health should be the primary concern here."
"I'm sorry," Pete said moving closer and keeping his voice low. "Look, I've been thinking…Judge Brayden threatened Scott and I with contempt if there's another disruption."
"No!" Tony said anticipating his friend's train of thought.
"Just hear me out…if I'm held in contempt then the hearing will be postponed until JAG assigns another prosecutor."
"And what happens then?" Tony asked. "If you get held in contempt you could lose your Navy commission."
"But it would buy you the time McGee needs to-"
"No! We stay the course," Tony said pressing one tight fist against the headache throbbing behind his forehead. "Besides, even if I'm charged, Probie will crack that code and the boss will have me home in time for dinner."
The bailiff appeared beside them and asked for them to take their seats for the resumption of court. As the others took their places Gibbs remained, eyeing his agent with concern. All trace of glibness abruptly disappeared and Tony's expression was sombre.
"That's it, then," Tony said. "It's over."
"This is not over," Gibbs said, looking intently at his agent and seeing the doubt chasing reason. Under the circumstances, it was the best he could hope for. He squeezed the younger man's shoulder lightly and returned to his seat in the gallery.
Judge Brayden entered the court and took his seat at the bench. He stared pointedly at both attorneys, silently reiterating the dressing down they both received in his chambers moments ago. Then courtroom fell into silence as the judge asked the court reporter to read back the last few moments of the hearing.
Mr Scott: "I believe that after you killed Petty Officer Farrell, you and Billy Matthews stole a sample of the drugs for yourselves."
Agent DiNozzo: "No!"
Mr Scott: "You had yourselves one hell of a party. Developed a liking for it but you went too far and you got yourself hooked."
Agent DiNozzo: "That's not true."
Mr Scott: "The heroin, PCP and scopolamine were stronger than the prescription meds you usually take to get high and you overdosed. Not too hard to imagine considering your history of failed drug-tests and Billy Matthews' addiction."
"Scopolamine," Tony said aloud.
The court reporter paused and looked up from her stenotype machine.
"You wish to add something, Special Agent DiNozzo?" the judge asked irritably.
Tony raised a trembling hand and wiped the sweat from his brow. His face drained of any remaining colour as he stared wide-eyed into space.
"He gave me scopolamine," Tony uttered quietly.
"Agent DiNozzo?"
Tony squeezed his eyes shut trying to conjure the memory.
"Evan," he recalled, trying to keep his voice steady. "He gave me scopolamine to make me hallucinate...to make me suffer."
"Your Honour," Scott snarled. "We've already heard Agent DiNozzo's wildly imaginative account of what happened."
Despite the threat of contempt and Tony's protest, Pete Barnes started to rise when Gibbs' hand on his shoulder halted his progress. He turned to face the former Marine who gave a quick shake of his head while never taking his eyes from his agent. Gibbs had seen the almost imperceptive change in Tony's expression and his heart-rate quickened as he watched Tony take a quick drink, straighten his shoulders and turn to face the defence attorney.
"Kinda interesting how you mentioned scopolamine just now, especially as it's not exactly the drug of choice in these parts," he shrugged casually. "Evan had a small sample of scopolamine from a new South American supplier and…lucky me, he was looking for a guinea pig to try out the merchandise."
"Your Honour, none of this was in DiNozzo's statement," Scott stated. "The witness is obviously wasting the court's time."
"I believe that's for me to decide, Mr Scott," the judge said. "Go ahead, Agent DiNozzo."
The smile that was beamed in Scott's direction fell well short of Tony's signature mega-watt grin but it was a valiant attempt.
"When I was in South America recently, doing threat assessments for the Navy, we had a briefing about the dangers of scopolamine. Really scary stuff," he said with a dramatic shudder. "This might interest you, Cam – I can call you Cam, right? Scopolamine is not easily detected in urine and blood tests unless you specifically test for it. In fact, I'll bet you a month's pay that there's no mention of scopolamine in any of my tests or in the drug analysis report from the warehouse drug bust. Which makes the fact that you mentioned it quite a lucky guess. Don't you think so, Your Honour?"
"Yes," the judge said nodding his head slowly. "Yes, a very interesting choice indeed."
Scott paled noticeably and his eyes flicked quickly in Grayson's direction as he reached for the large file on his desk. Quickly leafing through the drug analysis report, he found no mention of scopolamine.
"Personally, if I were you, Cam, I'd stick with the lucky guess answer," Tony suggested amiably. "Because the only other way you could know about the scopolamine is if Evan or old Tom over there, told you that Evan had forced a highly potent hallucinogen on a federal agent and I think you'll find that's against the law."
"This is outrageous, Your Honour," Scott protested. "DiNozzo is attempting to divert attention from the fact that he has a drug problem and quite possibly murdered a US Navy petty officer."
"Re-eally?" Tony continued. "There's one way to find out. Re-test the samples for scopolamine. If they come back clear, it was a lucky guess; if they come back positive, we have reason to suspect that you are an accessory after the fact to the attempted murder of a federal agent."
"So ordered," Judge Brayden said. "Bailiff, please ensure the samples are retested and the results sent to me directly."
"Your Honour," Scott laughed incredulously. "This is preposterous. It was a lucky guess."
Tony looked behind the blustering attorney as his teammates quietly entered the courtroom. His expression hardened into an angry mask that his colleagues in the gallery barely recognised.
"Then you better hope your luck holds, man, because the cavalry has just arrived and if you're lying, you'll be sharing a cell with old Tom and fighting over the top bunk."
Tony's voice was soft but the threat was implicit. The gentle tone made his message all the more chilling.
Judge Brayden tapped his gavel gently.
"Commander Barnes," he said. "Do you have any questions for this witness?"
Pete wore an ear-to-ear grin as he as he looked at his friend in admiration and shrugged.
"No questions, Your Honour, Special Agent DiNozzo has done my job for me," Pete said. "However, the prosecution requests a ten minute recess to discuss new evidence that I believe will determine the outcome of this hearing."
"Very well," the judge said. "Agent DiNozzo, you may step down. This hearing will adjourn for ten minutes."
0-oo00oo—oo00oo—oo00oo—oo00oo—oo00oo-0
The hearing resumed with Commander Barnes recalling McGee to the stand. With the high anonymity proxy server now decrypted and the IP information accessed, the proof that Thomas Grayson transferred funds to various drug cartels and customs officials using his personal laptop, was admitted as evidence. This proved he not only knew of his son's drug dealing but he was heavily involved in it.
Safely ensconced between Gibbs and Jackson, Tony watched from the gallery; the effort of holding himself together on the stand had left him trembling with fatigue and he looked like he could drop at any moment.
Director Vance was recalled to the stand and confirmed the former identity of William Arthur Stockton as Jonathon Bailey, business partner of Thomas Grayson, who was relocated to Spain as part of the CIA witness relocation program. Irrefutable forensic tests were admitted as evidence that Bailey, now Stockton, was involved in the murder of three US citizens, two US federal agents and the attempted murder of Tony and Jackson.
"Your Honour," Cameron Scott pleaded desperately. "While it's true that Jonathon Bailey is the former business partner of my client, any accusation of Thomas Grayson's involvement in these murders is tenuous at best. The majority of these murders occurred while my client was incarcerated in a federal prison and had no contact whatsoever with his former partner. The prosecution has no evidence linking Mr Grayson with these heinous crimes."
"I would not be so sure about that," Mossad Liaison Officer, Ziva David said from the back of the courtroom.
Commander Barnes was granted another moment to speak with Ziva before presenting the court with CCTV footage of two Tracfones being purchased at a Radio Shack store in Georgetown. One of the cells was found in the possession of Jonathon Bailey while the other was never located. Cameron Scott buried his face in his hands as he watched footage of his own unmistakable image completing the purchase.
Judge Brayden ordered the court security officers to take Cameron Scott into custody and determined that there was sufficient evidence that the defendant and Mr Scott were involved in a conspiracy to commit multiple murders. They were bound over for an arraignment in a week's time when a trial date would be set. Then, with a final tap of his gavel, the hearing was over.
As the CSO's led Scott from the courtroom, Gibbs leaned in toward the man.
"Looks like your luck ran out, you sonofabitch," he said menacingly.
The next few moments were a blur as Tony received the hugs and handshakes from his teammates and friends who were already planning a celebratory dinner. When the courtroom finally cleared Tony leaned heavily against the back of the chair, the fight drained out of him, replaced by a rising tide of exhaustion and despair.
"It's over, Tony," Gibbs said quietly.
The former Marine felt his heart constrict as his agent turned desperate eyes to his, begging mutely for help.
"No, Boss, it's not."
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A/N:- One more chapter and we'll put this puppy to bed. Hope you'll join me for the final chapter of Night Time, L