Chapter 28

A/N: I am so glad that y'all like the idea of adding extra chapters. It was originally supposed to be 30 and last chapter was supposed to contain 4 testimonies but as you can see it only contained 2. My original plan was to have all the testimonies done by chapter 29, but since the testimonies are longer than I originally thought I have to rethink that idea. Since I don't like odd #'s I've decided to go with 32 chapters YAY lolz. For those who are wondering my dog is doing much better thank you so much for your prayers (especially JibbsGal1). Thank you to everyone who reviewed and even bothered to read it means so much to me (OrtonsMistress, JibbsGal1, itzcheeseball, left my heart in paris, torontogirl12, hslacer, harryginny9, NCIS FTW, teardrops of ink) YOU ROCK! Thanks:)- Shy Chey

"We are reporting live from the Washington General Courthouse where the trial concerning Josaf Mortiono is taking place, now Mr. Mortiono is charged with the rape, kidnapping, and attempted murder of the former director of NCIS and her daughter- Oh here they come now.- Miss Sheperd how did you feel about your testimony yesterday? Do you feel as though you did enough and Mr. Mortiono will remain in custody?" The reporter asked as she hastily shoved the microphone into her face. Jenny turned a glare on her. Now that was just rude she thought to herself. She now understood why Jethro hated reporters, and pretty soon she would start to hate them too.

They continued to ignore all questions and comments thrown their way as the team made their way to the courtroom where the trial was taking place. The courthouse was crowded as usual but today was diffrent for some reason Jenny just couldn't quite put her hand on it. Last night was probably the best night of her life besides the day that Marie was born. The girls practically spent the whole night drooling over the ring that seemed to be catching everyone's eye. Jethro really had out done himself this time. The guys on the other hand threw back a couple of beers and of course some bourbon while they talked about the fact that Gibbs was going to have yet another wife. Secretly they knew that Jenny was the one, it was just to obvious, now they were a real family.

As they took their seats in the pews Jenny couldn't help but glance over at the seemingly irritated Josaf who seemed to be chewing out Miss Hart. Jenny shook her head. That is another reason why I can't fathom becoming a defense lawyer she thought to herself. Her thoughts were abolished by the loud banging of the gavel.

"Court is back in order. I trust that you all did as was recommended and got a full night's rest and brushed up on what was to be presented today?" The judge asked, but to Jenny it was more like a statement rather than a question. There were nods from nods from both sides and for the first time Jenny actually saw the judge smile, or at least that's what she thought it was.

"You may call your first witness," the judge said.

"Your honor I would like to call Special Agent Anthony DiNozzo to the stand." The judge gave a simple and that was all Tony needed he carefully made his way to the stand. He loved being in the spotlight, well sometimes. Right now though his main focus was on Josaf Mortiono and putting that bastard away for everything that he had done to poor gibblet, who at this point he considered to be a little sister that he would do anything for even if that meant putting himself in harms way. He could honestly say that he loved her along with a certain somebody else on the team.

"Could you please state your full name and current and past occupations to the court?' He asked. The routine as you would say.

"My name is Anthony DiNozzo Jr. I worked with the Baltimore PD before transfering to NCIS in 2001." Tony said proudly smiling at the memory of Gibbs nonchalantly telling him to join NCIS with his very first gibbs-slap and rule recitation. Don't waste good.

"Special Agent DiNozzo do you see yourself as superior to the other agents in your team do to the fact that you currently hold the position as lead field agent?" The ADA asked.

Tony smiled a bit. " I guess at some points during an investigation I do see myself as superior but all in all I'm a part of a very good team in which I find that each member of the team has something good to offer and therefore to me they are irreplacable." Tony quickly looked up and wasn't the least bit suprised to find that both Ziva and McGee were smiling, now McGee couldn't say that Tony never gave him a compliment.

"The reason I am asking you this is because it has been brought to my attention that you were offered you own team in Rota Spain which you respectively declined?" He stated the last part as a question and though it was clear that DiNozzo didn't see his line of inquiry just yet he would soon get to the point.

"Yes." Tony gave him a look and wanted to know what the heck any of this had to do with the case at hand.

The ADA turned to where he was facing the jury and smiled as he said, " The meaning of family with no seperation." The ADA paused he wanted to make the jury see that family was a big part of the daily lives at NCIS. The jury would then be able to relate to the seemingly tough agent. Hart watched as the ADA continued with his banter. She knew exactly what he was doing and she had to admit that it was very clever and a tactic that she couldn't really use in Josaf's case. There was no hiding that he was manipulative and cold hearted.

"Upon further examinatin of both Marie and Special Agent Gibbs what was it that you found?" The ADA asked.

Tony smiled. He wanted to say the most amazing thing in the world but he knew that for the jury he was going to have to elaborate. "Our forensic scientist Abby ran blood test on Marie after she had fainted. She wanted to make sure that Marie wasn't sick. Upon doing these test I guess she decided to run Special Agent Gibbs' DNA, curiosity got the best of her I guess. She found that Marie was in fact his daughter." Tony said proudly. He looked over at Marie and smiled. She shook her head but inevitably returned the smile.

The drink that Hart was taking was lucky that it didn't end up all over the table at the ADA's big revalation. Her eyes immediatly went to Gibbs and the little girl that was sitting in between him and Jenny. She had no doubt that her eyes were bulging out of her head. Daughter? Oh s*** was her only thought. This was bad, not only was she defending the man that hurt Jenny, but she was also defending the man that raped his daughter. She had really stepped in it now.

"Would you say that this news caused you to work harder in your attempts at finding Josaf?" The ADA asked.

"No because either way we would have found her. It's who we are." Tony said confidently. He know saw what the ADA was doing and he was more than pleased to play along with this little charade.

The ADA nodded. "Special Agent DiNozzo what is your take on the unfortunate mishap that Miss Hart's client encountered?"

DiNozzo smiled at the memory of Marie breaking his hand. At that moment he had never felt more proud of her. She had handled herself perfectly. He himself wasn't sure if he could find it within himself to just break one bone, especially after he had hit her and caused that nasty bruise that was still healing to this day. "If you watch the tape of the interview that was confered in the interrogation room you will see that Mr. Mortiono physically assaulted Marie with a backhand to the face, the bruise is still there if you have any doubts. My understanding is that she broke his hand in self defense, now I don't know about you but I can't really blame her. There is no doubt that the prick deserved it." DiNozzo spat viciously, glaring at the now very irate Josaf.

Hart had not planned on saying anything until Josaf nudged her in the side. She was still very much in shock. She quickly adjusted herself and stood up. "Uh y-your h-honor could you please tell the witness to refrain from using such language in refrence of my client?" The judge nodded and warned Tony. Hart then looked at her client and gave him a look that could only be described as are you happy now? Josaf didn't seem all that pleased and he knew that by the look on his lawyers face that he was in for some trouble for not telling her that Marie was in fact Gibbs' daughter.

"Thank you Agent DiNozzo. Your witness." The ADA said as he once again took his seat. He was very pleased with himself. He had rattled the one and only M. Allison Hart which deserved recognition within itself.

Hart took another sip of water before standing and heading toward the stand. "Hello again Special Agent DiNozzo." She said sweetly, trying to find her bearings again. That suprise changed everything for her. She was no uncertain if she could continue defending this monster that she dare call her client. Tony looked at Hart and despite her attempts at hiding her distress he could see that she was clearly battling with an internal struggle that he had no doubt had to do with her current scum bag of a client. He can honestly say that he felt sorry for her, which he never thought he would ever feel towards her, but things change.

"Hello Miss Hart.'' DiNozzo said before clearing his throat in anticipation for what she was going to throw at him this time. Although he thought that the ADA pretty much covered everything for her.

"Well seeming as how the ADA decided to cover my bases for me I'll make this quick. Did you purposefully turn off the recording devices in interrogation just so you and your family could beat up my client- Oh and remember Mr. DiNozzo you are under oath." Hart knew that either way DiNozzo loyalty to Gibbs surpassed any oath. It was one of the things that she admired most about him, not that she would ever tell him that.

Gibbs knew that there was nothing to worry about, though he didn't really like having to put his agents on the spot. After everything that they had been through thy didn't deserve more scrutiny. DiNozzo didn't even flinch, but rather he smiled. He had found a loop hole in her question that actually made it to where he didn't have to lie. "I can honestly tell you that I did not turn off the recording devices in interrogation 1.'' Technically Tony didn't lie he himself did not turn the camera and audio off, now if you asked McGee that question it would be a diffrent story Tony thought to himself.

Hart smiled. How clever Hart thought. She had to admit that it was smart and a good way to not perger himself. She had to give him his props there. She nodded. That was a good enough answer for her, but apparantley Josaf had other ideas. "What the heck? That's it? He's lying. They're all lying and your just going to let them what kind of court room is this. You call th-." Josaf was cut off by the pounding of the gavel and the angry yelling courtesy of the judge.

" if you don't shut your mouth and control that temper of yours I will not only place you in contempt of court, but I will personally see to it that you are escorted out of this courtroom immediatly. Sit down NOW!" The judge yelled, very pleased with himself when Josaf immediatly took his seat. "Now Miss Hart please learn to control your client. I will not stand for such outburst in my courtroom." He finished.

Hart nodded and made her way back to her seat. Tony after recieving a nod from the judge took that as his cue to leave the stand. Things sure we heating up in this courtroom, but he knew that it would all work out in the end if justice really were to be served.

''Your honor I would like to call Special Agent Ziva David to the stand." The ADA said after a few more minutes of silence to let things cool down. He secretly hoped that the outburst was the most heated thing that was going to happen, but he knew that with his luck that it probably wasn't going to happen. He watched silently as Ziva made her way to the stand, not letting the silence get to her. She looked serene and calm, ready for what was to come.

"Could you please state your full name and current and past occupations to the court as well as when and how you became a citizen of the United States?" The ADA asked. The jury needed to know about her past and her dedication to not only her country but NCIS as well.

"My name is Ziva David. I worked in Mossad from the time I was sixteen until I became a citizen and officially applied to be an NCIS agent, but as far as I'm concerned I was an NCIS agent the first time I got gibb-slapped." Ziva said with a smile. " In 2009 I quit my job as Mossad liason to NCIS and applied for citizenship in the United States, therefore renouncing all ties to Isreal and becoming part of the family." Ziva couldn't help that her eyes traveled to Gibbs when she said that, nor could she help the fluttering in her stomach when he smiled at her with the love and adoration that her father never really gave her.

The ADA saw the adoration directed toward Gibbs and the family and he was happy that they were going to get to see that side of her and not the rather gory side of who she once was in which had no doubt Hart would represent her as. "Ziva how long have you known Miss Sheperd?" He finally asked after he gathered his thoughts and got back to the task at hand.

"I've known Jenny since 2003 when she began working with Mossad. We were partners. She was and still is one of the strongest women I have ever met. That much is clear seeming as how she survived not only one round of hell but two." Ziva then looked at Jenny who of course smiled and mouthed thank you, but it wasn't necessary because Ziva already knew.

" Do you recall what happened the day of the first kidnapping?" He asked knowing full well that Ziva would it was part of her training not to forget even the smallest details.

"Well we had just wrapped up an op and she went out to celebrate with Marie. I was supposed to meet her at the resturant at 7 but I had to cancel because my father needed me on another mission, and I being the good little soldier that I was went on this mission instead of celebrating with people that actually gave a damn about me- the real me. I found out two hours later that she and Marie had been taken on their way out of the resturant and it was then that I made it my number one priority to find them. That was the first time that I defied a direct order, and to this day I do not regret it." Ziva said with all the sincerity she possesed. She didn't regret it and if she could go back she wouldn't change it.

He nodded. "So while out to dinner with her daughter Miss Sheperd was taken. Did you know who did this, or did you at least have a suspect at the time?" He asked hoping that the answer to that question would be yes, but not really certain to the actual results.

Ziva nodded they had a suspect they had always had one. " We had a suspect, but at first it was not Josaf, it was his boss La Gronuille aka the frog. It was no secret that he had threatened her, everyone knew it, but as usual Jenny was too stuborn to give up and back down like any other normal person would do. I wouldn't have expected anything less."

"How did you figure out who her kidnapper really was?" The ADA asked honestly intrigued at how she figured it out.

Ziva smiled. "It was actually Josaf himself that tipped us off. You see he has a tendency to want to show off his work. He called us to inform us of his actions just like he did in the most recent kidnapping." Ziva looked at Josaf and glared. She didn't see much, but rather a very small man that got off on people's pain. She hated men like him, but she knew that she wasn't the only one. Half the people in here wanted to see him dead and she was probably one of the the few that would actually do it.

"He called you to brag about what he had done. So he in no way sounded remorsful of torturing Miss Sheperd and her daughter the way that he did?" The ADA asked. Happy to see that the jury was going to not only see a first hand accound of the real Josaf Mortiono, but also a second hand account.

Ziva shook her head and looked straight at Josaf as she said with satisfaction in knowing that with this new intel he was sure to go to prison for the rest of his life. "No he in no way sounded remorsful at all but rather proud of what he was doing." Josaf shook his head in disgust at Ziva at that point he made no attempt to hide his hatred for her. He didn't think he had done anything wrong, after all he was just taking order just like he was sure she had done. Ziva just smiled sweetly finding it very entertaining that the man that thought he could evade the law was finally going to come to justice.

"Agent David how exactly did you find Miss Sheperd and her daughter the first time in Cairo?" The ADA asked, ready to get on with the trial, now more than ever he was confident that they would win and he would be sent to jail. There really wasn't much the defense could do to dispute any of their testimonies at this point.

"We recieved an anonymoustip containing the location of where they were being held. It was a warehouse and when we arrived we found both of them beaten, and bleeding. My team and I were ablt to take out most of the perpetrators but as you can see some of them got away." Ziva said while motioning to Josaf.

The ADA nodded. "This most recent kidnapping what happened when you found Marie and she told you that Miss Sheperd was once again missing from what appeared to have been at the hands of Josaf?" This was more of a personal question that wasn't really needed, but he asked it anyway once again trying to get the jury to see that Ziva was just a woman trying to keep her family and those she cared about deeply out of danger. He knew that they were probably going to see the bad- or rather violent side of Ziva thanks to Hart. It was really the only tactic she had left to use at this point. He was suprised that she had not given her all in this trial but then again he recently discovered her past with Agent Gibbs and it didn't take a rocket scientist to know just how far she went to keep him out of jail. She had purposefully thrown the trial and made his job all that much easier and he was very appreciative of her actions- or rather what she had not done during this trial that she had done in past trials.

"My first instinct was to protect Marie as I had promised her mother I would do if anything were to happen to her. Marie was very distraught as any child would be but in her case it was more because most children if theor parents were kidnapped they have no idea what is happening to their parents, but with Marie it is the exact opposite. She knew first hand what he was doing to her mother because she had been a victim of his malicous nature the first time around. It certainly didn't help that he sent her a video and personally called her so that she herself could her her mother's anguish filled screams. When you ask what happened or how I was feeling the only true answer would be angry. Josaf deserves to be put in jail for what he did to Marie and Jenny. It is the only real justice in this case." Ziva took a deep breath. She was suprised that she herself was rambling but she had to get it out in the open. She felt relieved that the jury seemed to be taking attention to what she had said. That means that she had done her job.

The ADA smiled. At this point there was no need for anymore questions because Ziva had just unknowingly handled it all for him. He found himself saying the words once again without any real thought. "Your witness."

Hart stood and quickly made her way to the center of the courtroom and turned to face the jury. "Miss David you said that you worked for Mossad is that correct?" Miss Hart asked sweetly. It didn't take a rocket scientist to see where she was going with this, and to be honest Ziva wasn't looking foward to what was coming. She wanted to help convict Josaf of what he had done, not give the jury a reason to doubt her sincerity when it came to her testimony.

"That is correct, yes." Ziva said while trying to keep her voice calm and even.

Hart nodded. She knew that Ziva knew where she was going with this, and she hoped that she wouldn't be too upset, but at this point Josaf had picked up on the fact that she wasn't really trying and she had to throw his suspicions off somehow. "Have you ever killed someone under the orders of your superior?"

"Yes." Ziva said quietly. She had killed many people because she was ordered to but know she saw the errors of what she had done and she had done more than proven her willingness to change.

"You've done terrible things because you were given an order, so how can you find it fair to persecute my client for doing the exact same thing?" Hart aksed as if she were truly appaulled.

"Yes, but your client was not given an order to take Jenny this most recent time because his boss is dead and has been dead for four years. Your client doesn't hurt people because he was ordered to he does it because he wants to. He gets off on it, so forgive me if I feel that people that enjoy other people's pain should be persecuted." Ziva said while trying her best not to sound angry but the truth is that she was. She could not for the life of her understand how hart could defend someone as vile and horrible as Josaf Mortiono. In her opinion she thought that people that do such horrible things to children and to women deserve to to rot forever.

"Miss David is it possible that you are being bias because of the torture and harm that you endured while you were in Somalia." Hart asked. She knew by the look that she recieved from Ziva that she had crossed a line. She had not meant to hurt Ziva but it was her job to at least look like she was trying to get her client of rather than letting the whole world know that she had purposefully blown the trial.

Ziva tried to keep her voice calm, but at the mention of Somalia she found herself panicking. She had done just about everything to forget everything that had happened to her in Somalia and here she is now having to rehash things in front of the world. She found herself looking at Gibbs for guidence. He looked pained to see that she was having to open old wounds but he gave her a supporting nod and it was then that she was able to answer. "What happened to me in Somalia was terrible, but rather than make my opinion bias it has given me a better understanding of the horror that Marie and Jenny faced.'' Ziva said confidently.

Hart nodded. " It is my understanding that you were given a first hand avvount of what happened in Cairo. You were there to help your friend throught that terrible time, but how can you be so certain as to the identity of the perpatrator?"

"If there is one thing that I know for certain it is that you never forget the face of the man who hurts you the most." Ziva said while readjusting herself on the stand. She prayed that there would be no more questions for her because the sooner that she got off the stand the better. Thankfully she heard Hart say soon after that she was finished as Ziva was free to go. Ziva breathed a sigh of relief. She hated testifying and everyone knew it, but she was confident that her testimony had done more good than harm which made Ziva feel very good about the overall outcome of the days proceedings. She was confident that they had won and justice was in fact going to be served.

A/N: So there it is. We still have three more testimonies to go but they should be relatively short or one of them at least. To teardrops of ink you are right. Good job I was honestly suprised. I would like to ask that if you could pray for a dog named Smuckers she could really use it. I'm sorry but I am a sucker when it comes to animals. Thank you guys so much for reading and reviewing it means the world to me:)- Shy Chey