Kelly slid a tray of cookies into the oven and headed to the fridge for a glass of milk. She had the brownstone to herself for morning and she was making Christmas cookies. The fall semester had wrapped up last Friday, and Christmas break had begun. Abby and Maddie had gone shopping, and Kate was working until three. A perfect day to bake Kelly thought. It was the day after her first date with Timothy McGee and she was smiling so much that her cheeks had begun to hurt. What made her even happier was knowing that she'd get to see him again tomorrow night.
As Kelly gulped her milk the doorbell rang. Kelly was surprised to see Tony DiNozzo standing on her front porch. Kelly opened the door.
"Tony, you don't have to knock, you know better, but Kate's at work." Kelly said with a smile.
Tony stepped into the front hall.
"I'm not here to see Kate. We need to talk, privately." Tony said in a serious voice.
"I'm baking cookies; can we talk in the kitchen? Kelly asked.
"As long as nobody bothers us." Tony said as he headed towards the kitchen.
"I'm alone." Kelly said as she followed Tony.
Two minutes later Tony was seated at the kitchen table eating a cookie and drinking a glass of milk.
"Shouldn't you be working?" Kelly said as she sat down next to Tony.
"I am." He replied as he finished his cookie.
"Tony, what's going on?" Kelly asked nervously.
"Listen, I don't want to give you bad news before Christmas but here goes. James Davis has pled guilty to aggravated assault." Tony said with a heavy sigh.
"That's great!" Kelly exclaimed as her eyes lit up.
"I won't have to testify!" She added happily.
"No it's not great. He pled guilty to aggravated assault to avoid the attempted rape charge. In exchange the District Attorney made a bargain with James." Tony looked at the table as he said it. He couldn't bear to look Kelly in the eye.
"He does five years for the assault and serves probation for a year after that, he'll have a record with a felony, but no record of an aggravated sexual charge. Which needless to say carries a huge stigma, and the only job he'd be able to get is cleaning toilets. The big complication here is that when you combine prison over-crowding and other factors like good behavior and special programs like work-release he could be back on the street in eighteen months." Tony added.
Kelly tried to think of something to say, but no words came. Her mind was boiling over. Kelly could barely think straight. She was saved by the sound of the kitchen timer. Kelly removed a tray of perfect cookies from the oven and sat back down at the table.
"Kelly, we have a saying in my line of work. For every situation there is a loophole. James Davis can make a deal with the prosecutors, but it doesn't mean that the Judge has to accept it. If you come to the hearing and testify there is a good chance that the Judge might make the charges stick." Tony said with the slightest of smiles.
"I won't do it." Kelly said simply. Her life had been turned upside down once before when her mother had decided to testify in a murder trial and Kelly wasn't taking any chances.
"Kelly, you have to. He's going to do this to another girl, and then another, and they won't be as lucky as you. Not every victim has three friends walking home with her. He is going to hurt somebody else someday, and you're the only one who can stop him. You need to do this."
"Anthony I don't need to do anything!" Kelly shouted as she pounded the top of the kitchen table with her fist.
Kelly's ferocity shocked Tony. He stood up slowly and zipped up his fleece sweater.
"What is your problem? Do you want someone else to get hurt? This isn't just about you." Tony said snidely as he headed towards the door.
"Go to Hell! If you only knew!" Kelly yelled back.
Tony pivoted on his heel and turned towards Kelly who was still sitting at the table.
"You're scared. Understandably so. Lots of witnesses are scared, but I promise you it's going to be okay. I'll do everything to help you that I can." Tony said in a low voice.
"That's what NCIS told my mother fifteen years ago!" Kelly shouted.
"Excuse me?" Tony said as he sat back down at the table.
"Oh crap." Kelly said softly.
"Kelly, what haven't you told me? Tony said as he crossed his arms.
In a shaky voice Kelly found the courage to recount the tale of what had transpired fifteen years ago. Kelly had always admired her mother for finding the courage to testify, even after the accident. Until they had returned to Virginia they constantly looked over their shoulders. As one attorney had warned Shannon even drug dealers had friends. For Shannon Gibbs it had been worth the sacrifice. A murderer and drug dealer would be in jail until the day he died because of her testimony. Shannon's only regret was that Kelly had been unknowingly thrown into the mess. Now, it was Kelly's turn to be courageous.
Kelly looked into Tony's eyes. They were slightly misty. The young detective had no idea that Kelly and her mother had endured something so awful. Tony couldn't even imagine what life must have been like for Kelly. Her father had been on the other side of the world, and her life was turned upside down. Home must have seemed like a prison with NCIS agents and Military Police guarding them day and night.
"When is the hearing?" She asked quietly.
"January fourth." He said softly.
"I'll be there, and so will my parents. This James Davis, does he have any friends that are bad news?" Kelly asked as she raised an eyebrow.
"I don't know. I can't say for sure, but you bet I'm going to find out." Tony said.
"Until then I don't want you setting foot outside of this house by yourself. It's going to be a pain in the ass for a few days until I can do some digging. At this point I'm sure you're aware that the inconvenience may outweigh the risks. Keep in mind you've got two highly trained Mossad agents living next door." Tony added.
The detective already knew that as soon as he left Kelly his first phone call would be to Michael Rivkin. The two men got along well, and Michael would be sure to help Kelly. Tony was also certain that Michael's wife Ziva would help when needed.
"Thank-you Tony." Kelly said with a slight smile.
"Kelly it's going to be okay. I hate to say this, but if something bad were going to happen, it would have by now." Tony said logically.
"You're right Tony, five months is a long time to wait. But I have this awful nagging feeling in the bottom of my stomach." Kelly said.
"Of course you do, I'd be sick too if I kissed an elf-lord right before bed." Tony laughed at his own joke.
"All right, this little pow-wow is over. Get back to the office and see what you can find. Until then all of the doors are going to be locked and dead bolted." Kelly said in a firm tone.
"Smart girl." Tony said as he patted Kelly on the head as if she were a dog.
Kelly stood up and walked Tony to the front door. They shared a quick hug, and much to Kelly's surprise Kate was rummaging for her keys as Kelly opened the door to let Tony out.
"Thought you were working dear." Tony said as he kissed Kate hello.
"Our only afternoon appointment cancelled and everybody decided to go home. It's a little Christmas present to ourselves." Kate said with a smile.
"Well I've got to get back to the office." Tony said as he wrapped an arm around Kate and kissed her good-bye.
"Kelly, don't forget what I said." Tony added as he walked towards his car.
"I won't!" Kelly yelled with a wave.
"Is everything okay?" Kate asked as the two girls shared a plate of cookies in the kitchen.
"Not really, but it will be." Kelly said honestly as she put another tray of cookies into the oven.
"What's going on?" Kate pressed.
"Tony just wanted to let me know that the hearing for the creep who attacked me is in January." Kelly said simply. She hadn't lied, but she hadn't told the whole truth.
"Well that's good. " Kate said hopefully.
"He's a miserable lump of humanity. Some time in jail will do him good." Kate said in an attempt to comfort her friend.
For the rest of the afternoon Kate noticed that Kelly was jumpy and nervous. Kelly wouldn't give her the whole story, but Kate would find out soon enough. It was date night for Kate and Tony, and Kate knew that Tony would let her know in his own roundabout way. Kelly had spent over an hour on the phone with her mother and she had whispered the entire conversation. Something was definitely going on and Kate was determined to figure it out.
As Kate waited for Tony to pick her up she sat at the kitchen table and watched Kelly decorate gingerbread men.
Ten minutes later Tony was in the kitchen admiring Kelly's handiwork.
"Are you ready sweetie?" Kate asked Tony.
"Almost. I need to speak with Kelly privately." Tony said as he gave Kate a look.
Kate immediately left the kitchen. Something more serious than a hearing was going on and Kate knew it.
"I did some digging Kelly, and I've got nothing but good news. This James Davis guy has no money, and he's a loner. He doesn't have any friends that would try to hurt you. More importantly, he doesn't have any means to pay someone to hurt you. I think you're going to be just fine, but the Rivkins are on high alert, and if you even get a slight feeling that something is wrong you need to call me right away." Tony said with a smile.
"Thank-you!" Kelly said as she rushed Tony and wrapped him in an Abby-style hug.
"You can tell Kate. I don't mind." Kelly said as she ended the hug.
"I think it's best that somebody else know." Tony said as he headed out of the kitchen to find Kate.
The rest of the night was quiet for Kelly. She kept the doors locked, and she spent most of her evening decorating cookies.
Abby and Maddie returned home at eleven and both girls were loaded down with shopping bags.
"Is there anything left at the mall?" Kelly joked as her friends headed upstairs with their bags.
"Perhaps." Abby said simply as the girls disappeared to their rooms.