It had been two days since Zoe had admitted her guilt in front of everyone, and now it was time for the second trial to begin. Tony had no doubt that this would be harder than the first trial, a lot harder, so he had called Rachel and made an appointment for Monday morning. He was hoping to be done with his testimony by then.
"Tony? Are you alright?" Bud asked, snapping Tony back into reality.
"Sorry, yes, I'm okay. What was your question?"
"I asked if you could explain what happened after you spoke with your girlfriend."
"Right. After I spoke with Emma, I went back out to the car. Gibbs was already there, waiting for me. I stopped about three or four metres away to help a man..."
"Is this man here today?"
"He is." Tony pointed over to where Tracy and Max were both sitting. "He's one of the defendants."
"Let the record show that Mr DiNozzo is pointing to Max Johnson, one of the two people on trial today." Bud turned back to Tony. "Please continue."
"Mr Johnson didn't end up asking me anything, so I turned to walk away. Out of the corner of my eye though, I noticed that he had pulled something from behind his back, and before I could turn around... before I could turn, he had hit me with a rock, and I fell to the ground. I saw my boss running over before I blacked out."
"Can you tell us what happened next?"
"I couldn't see anything, but I could hear people talking. At first, it was sort of muffled, but then the voices became clearer, and I heard one of them saying that she hadn't agreed to me being hurt. I recognised the voice as belonging to my ex girlfriend, Zoe Keates."
"How many other voices could you hear?"
"Two. One was still muffled, like they were in another room."
"Were you able to ID the voices?"
"I had never heard them before, so no, I couldn't."
"Okay. What is the next thing you remember?"
"Waking up in hospital."
"Where was this?"
"Here, in DC. I was in Bethesda Naval Hospital."
"When you woke up, what did the doctors tell you?"
"I was told that I was really lucky, because most people that have injuries like the ones I had, and still have, do not wake up or recover. I also was told that I had lost two years of my memory."
"Did they tell you anything else?"
"Just that they wanted to do some tests and scans. Honestly, if they said anything else, I don't remember. I wasn't listening much."
"When did you learn about your injuries?"
"About a day later. People had been telling me before then, but it didn't register. I just didn't want to believe that I was in such a bad way."
"That's understandable. How long were you in the hospital?"
"About a week."
"In that time, did you discover that you had any trouble with things you had been able to do before you were attacked?"
"Yes. Once I was able to get out of bed, I found I couldn't walk very well. The doctors and nurses had to help me with almost everything. Even feeding myself, when I was using forks or spoons, was hard to do alone. More than once, my boss or one of my colleagues had to help out. I also couldn't really lift things on my own. My arms were constantly weak."
"Are you able to do these things now?"
"Mostly. I can walk properly, but I still have trouble when it comes to running or any other exercise. And I can feed myself without my hands and arms shaking, but lifting things can still be a challenge, depending on the weight."
"Are you getting any help with your recovery?"
"I see a physical therapist three times a week. He helps me with getting more strength into my arms and legs, and we do memory tests and brain exercises."
"How long have you been doing this therapy for?"
"Almost a month and a half now."
"Is it ongoing?"
"Yes. My therapist is looking at reducing the days, but it won't stop yet."
"Okay. Thank you Tony. Nothing further." Bud gave Tony a smile before he went back to his seat, swapping places with Jonathon Fields, who was now representing Max.
"Agent DiNozzo, I only have one question for you," said Fields, even though he was wishing he was far away right then. "If the third voice you had heard was muffled, how were you able to tell that it was my client?"
"I told you, I didn't know who it was. All I knew was that it was a man. For all I know, it could have been anyone."
"Then how did my client get identified?"
"Objection! Your honour, there is no way that Tony can answer that question. He wasn't there when the defendants were arrested or questioned. In fact, at that time, he was still in a coma," protested Bud.
"Commander Roberts is right, Mr Fields. Don't ask questions you know the witness cannot answer," said Judge Devin.
"No further questions." Fields sat down, hoping Max would make this easier and just give himself up.
"Ms Willis, do you have any questions for this witness?" the judge asked.
"I do. Agent DiNozzo, your story is sad and all..."
"It isn't a story! It's the truth!" Tony said angrily. "Why the hell would I make that up?"
"Right, sorry." The lawyer smiled, feeling satisfied with Tony's response. "What you have told the court is sad, heartbreaking really. We all feel for you. But, is it possible that these two people sitting behind me had nothing to do with this?"
"Of course it's possible. I'm not the one that said it was them."
"Is it possible that they were not the ones that made the plan to kidnap you, but were coerced into doing so?"
"What kind of a question is that?"
"Your honour, please make the witness answer..."
"Ms Willis, the witness is right. What kind of questions are you asking? Stick to what the witness has told you."
"Agent DiNozzo," said Willis, not ready to give up yet. "Is it possible that you were mistaken when you heard three voices?"
"No. I know what I heard, and there were three people there."
"Is it possible that you have mistaken Mr Johnson to be the one that attacked you outside the hospital?"
"I didn't make a mistake. He's the one that attacked me. He's the one that hit me with a rock!" Tony was getting agitated and upset.
"Nothing further," said Willis when Bud stood to object to her question.
"Ms Willis, you are to stop badgering the witnesses, or I will hold you in contempt," said the judge. "Agent DiNozzo, you may step down."
Tony flew out of the stand and straight out of the court room, Emma following right behind him.