Rating: T

Disclaimer: I don't own any of the characters except Marion

A/N Well this is awkward! I had promised you all a sixteen hundred word epilogue but BuckeyeGirl00000 convinced me that I was short changing you all by not explaining what made Tony decide to stay on the team. Well there was a pretty good reason for me trying to avoid that issue... I have no idea why anyone would put up with the crap he does but I went back to the drawing board er the keyboard and finally found inspiration. Now while I'm happy with the way this story is ending and have now set it up for a sequel that I was contemplating, the downside is, that the epilogue is now standing at almost 10,000 words and needs to be split into two parts. I also need to give thanks to AlexDN for talking me out of committing hari-kari with the character Marion earlier in the story because she has now become a crucial part of this epilogue and also will appear in the short sequel that I have planned.

Once again, thank-you to everyone for your support and reviews. And to the guest reviewer who queried if learnt was actually a word, it is most definitely a word, mostly used by those of us that speak/write using British English. When we use the word learned, it has two syllables learn-ed and is used to describe someone of great knowledge eg a learned professor. While clearly, learnt is not commonly used in the US, it is still acceptable as I run it through the US spell checker in Word and it was accepted.

Finally, thanks to my Beta BuckeyeGirl00000 for all her help, suggestions and corrections on this chapter. Oh and I guess you're all wondering about our mystery author. Don't worrry all will be revealed... soon.

Halloween Remembrance

Epilogue part 1

Special Agent Leroy Jethro Gibbs stood in the middle of his basement staring into the cavernously empty space that used to house one of numerous hand-built boats that he had used to fill the hours that weren't occupied in his obsessive pursuit of dirt-bags or driving his colleagues to distraction. He'd come here as soon as they deplaned, straight off the military transport flight from Israel because he needed time to tamp down his emotions that were all over the place. He was furious that he'd never got the answer to all the questions he wanted, needed to ask her. He felt guilty for letting that cold hearted bastard manipulate her but he was also full of rage about her deceit and lies and flouting of the law, let alone his rules. Most particularly, flouting Rule 1 which she'd absolutely trashed and equally he felt unadulterated rage at how she'd tried to manipulated him into breaking Rule 1 himself and betray his partner.

He had to hand it to her, he'd never seen it coming. He felt furious recalling those last few minutes before he boarded the plane.

Flashback

Leroy Jethro Gibbs stood on the tarmac of the Israeli Military Airbase as Mossad Officer Ziva David, who had given every indication that she was coming back to DC, decided to throw him a curved ball, just as they both preparing to board the flight back home. Director Vance and DiNozzo had both already embarked and were set to go. Tony in particular couldn't wait to see the back of Israel and Mossad, not that he could really blame him.

Gibbs was just happy that he was heading home to DC with Tony relatively unscathed because he suspected if it had suited his purposes, Director Vance would have happily sacrificed his senior field agent's hide in the name of International diplomacy. Gibbs hadn't tackled Ziva yet with the unequivocal evidence proving that she had lied to them all and concealed Rivkin's crimes which had been committed on US soil. He'd planned on waiting til they were home in DC before confronting her. He wanted her out from under the influence of her father who was ruthless and clearly displeased with her divided loyalty. What did he expect though?

Then Ziva had called out to him, clearly stalling about getting on the military flight and having the gall to waffle on about speaking from her heart, he'd stiffened knowing how she'd lied to him, lied to them all. Then as she'd finally revealed her agenda, his blood pressure soared.

"It's Tony, I am still not convinced that he been entirely truthful about Michael's… Rivkin's shooting.

"He gave his word."

"I am not sure that we can work together. Perhaps it would be better if one of us gets transferred to another team.

"Transferred?"

"I need to be able to trust the people that I work with. I know that you more than anyone understands that."

He couldn't believe that she was giving him an ultimatum. He'd told her not long ago that if he had to choose between them, he'd pick Tony. Did she really think that because she was playing the grieving lover, he'd take pity on her? Yeah she probably did, because she was able to manipulate him pretty damned effectively. That oblique reference to him knowing the importance of trust, was clearly supposed to cement his loyalty and guilt over asking her to kill Ari and then remind him of their shared conspiracy to cover it up.

Maybe it might have worked, after all she was extremely skilled in the art of manipulation but she had no idea that McGee and Abby had proof that she had lied and withheld information. If anyone should be feeling betrayed it was him… and DiNozzo of course, who because of her duplicity, had been injured and could so easily have been killed when he'd stupidly tried to cover her unworthy ass. Simply because he'd believed in her and in consequence he'd been forced to kill Rivkin to stop the Kidon assassin from killing him. And while it was far from his first kill, nor would it be his last in all probability, DiNozzo was no assassin and he would pay the price emotionally for killing his partner's lover as justified, as necessary as it had been. Did she really want to talk about trust?"

He stared at her steadily before leaning across and kissing her left cheek once.

"Take care of yourself." Then he turned and strode away to the plane waiting on the tarmac, leaving her behind, stunned that he had not chosen her over Tony.

Although he was absolutely shocked by Ziva's tactic and unprepared for her to pull such a stunt, he was definitely not surprised by the sentiments she expressed. She was unwilling to accept that Rivkin was the architect of his own death. According to DiNozzo's report, he knocked on her front door and called out, "Ziva it's Tony." Rivkin could have simply chosen not to open the door but he knowingly answered it, drunk and spoiling for a fight because DiNozzo had gotten in his face and told him him to leave the country. He was no doubt expecting to take DiNozzo, down easily due to the dossier that Ziva had prepared on him for Mossad and Ari. It wasn't the first time he'd been underestimated and it definitely wouldn't be the last time. She was also completely feral in her attitude towards DiNozzo since he killed Rivkin which spoke to her instability and her inability to accept that she and Michael were equally to blame for his death. When DiNozzo had been interrogated by her father who was hell bent on proving that Tony had killed him because of his so called jealousy, Gibbs had been struck by how exultant she was about watching DiNozzo being subjected to classic Mossad style interrogation techniques by Eli.

He'd been watching her the whole time her father had been grinding down on DiNozzo's left shoulder and putting stress on his broken arm, trying to make him slip up and admit that he'd killed the Mossad officer with premeditation. Ziva gave every indication of being aroused as Tony tried to contain the pain that he was obviously feeling. Her pupils were dilated, her mouth was slightly agape and her respiration had increased, leaving Gibbs repulsed and sickened that Tony's suffering could cause such a reaction. He was also appalled that she could be so disloyal to her partner who had been trying to look out for her welfare and saved her ass countless times.

He of all people understood that there was a fine line between love and hate and he'd observed how Ziva had tried to seduce DiNozzo over the years but he'd never taken the bait despite their banter. Gibbs wondered how much of her fury at him was because DiNozzo had bested the Kidon assassin who she had settled her thwarted desire upon, and how much was due to him refusing her advances. Was this a form of perverted retribution because she'd failed to seduce him, despite her extensive Mossad training? Was he the first guy to refuse her?

When DiNozzo had so easily trapped Eli David into admitting that Rivkin had been acting under his orders she had been furious and not, he decided, solely with her father but also at Tony for making the feared Mossad Director look like a foolish amateur and coming out victorious.

HRHRHRHR

Tony was slumped at his desk in the silent bull pen, alone at last. He welcomed the solitude so that he could let go of the rigid control he'd maintained over his emotions ever since Gibbs had boarded their transport and given the signal that they were good to go. Most of the agents had left the office, including McGee who'd escorted a sobbing Abby home, while he'd sat, emotionally and physically exhausted by the past few days. Somehow he just couldn't seem to find the energy to drag his bruised and battered body home.

Gibbs had disappeared off the plane and they hadn't seen him for nearly three hours and when he did show up, he'd seemed distracted and withdrawn as he started to write up his case report and then proceeded to read the personnel files that Vance had dropped off earlier. Then he'd stormed off again disappearing after meeting the director, emerging from his office, steam practically erupting out of every orifice and an uncharacteristic expression of desolation and pain etched across his normally unreadable mask of stoicism. Wow what the Hell was that about?

DiNozzo was trying to ignore the pain in his shoulder from his "chat" with Eli, although more worryingly, his fractured arm throbbed with an intensity that demanded attention, just like an insecure and jealous lover. Tony kept telling himself that he'd just pulled a muscle when Ziva had taken his legs out from under him so violently and he'd hit the cement hard with no opportunity to protect his fractured arm on the way down. He'd continued to ignore the deep throbbing pain that hadn't let up, making it torture to sit still for eleven hours in the transporter sitting next to Leon Vance and under the scrutiny of Gibbs, who expression was absolutely glacial.

Tony kept repeating over and over that he was fine; it was just because Eli David had tried to break him by grabbing his bad arm so roughly and squeezing the nerve endings deliberately, trying to make him vulnerable. It was so much easier to foist the blame of the pain onto the arrogant prick than to accept that his partner, someone he'd come to view as a younger sister, someone he'd been dumb enough to trust, had hurt him with her lies and betrayal.

And he wasn't even half ways ready to deal with the devastation of her pulling a loaded gun and threatening to shoot him in the chest or leg. Frankly, he didn't know if there would ever be a time when he'd be able to deal with that truth. In an effort to distract himself from thinking about the tumultuous events of the last few days, he automatically checked his voicemail and email to see if there was anything requiring his immediate attention.

Opening up his email he found hundreds of messages from federal agents from every conceivable alphabet agency, offering him their support and appreciation for trying to arrest Rivkin so he could be held accountable for taking the life of the ICE agent. Some of them were from agents he knew and worked with but many of the agents who offered unconditional support were strangers to him and that backing filled him with gratitude. The agents from ICE were probably the most effusive that their colleague's killer had been held to account. Then there were the messages from various cops he'd worked with over the years in the three cities were he'd served and also a pile from Metro PD including his very own baby Dees.

Sitting in the silent office, he discovered that his voicemail box was full too. He put his phone on speaker to listen to the messages and leaned back in his chair, trying to ignore the protesting pain in his arm that stretching out caused him. Hitting play he closed his eyes to listen, smiling as he listened to the show of support from his friends…

…Hey DiNutso, screw diplomacy! They give you a hard time there and you know ya'll have a place with mine. Think how much fun you'd have playing with Ron everyday. Cancel that probably not a selling point. Think how pissed he'd be though… (deep chuckle)…Seriously though, call me! Bastards don't deserve you…

…Hi Tony, how you doing? Heard you had a rough one! Hope you're good. You know that dog walker we met, the strawberry blonde with the Dalmatians… well she asked me to pass on her phone number to you… and well I took out the brunette that we met at the dog park, a few times…maybe we could double? Call me when you get this…

… Hey Son… heard you had a run in with a Kidon agent and lived to tell the tale. Imagine you must be hurting though. Why don't you come over soon and I throw some meat on the barbeque. The BDs are fretting 'bout you and want to make sure you're ok… so call really soon…

… Tony I heard what happened even though I wasn't on duty when you came in the other night. Hope you're okay. My lawyer says I have you to thank for avoiding a conviction. Don't know what I did to deserve your support but just wanted you to know I appreciated it and if there's anything I can ever do for you, let me know… talk soon…

… Hi Tone, tough break but I know it was a righteous shoot. Cass and I wondered if you wanted to get together for dinner and drinks over the weekend?... by the way… thanks for the English language CDs… I sent them over to Iran for her and I forgot to tell you that my brother seemed to liked that compilation of jazz you put together for him… thanks a lot… ring me asap, okay?….

…. DiNozzo… nice work… and about your car…um…sorry 'bout that…maybe I could buy you a pint of bitter some time?…

…Hey there twinkle toes, how'd you like to go for dinner and dancing one night this week?... Oh can you dance with a broken arm?... never mind… raincheck on the dancing but I'm still buying you dinner so call me and we'll organise a night…

Tony suddenly jerked awake, his arm shrieking in agony following his incautious attempt to sit up in his chair. Serve him right for falling asleep. He'd slept through most of the message but the ones he caught filled him with thankfulness that people would offer their support to him. It meant a lot. He listened to the last message, recognising the voice with a start.

…I always said you were one hell of a Baltimore brawler DiNozzo and had more lives than my cat. You ever get tired of Jethro's ugly mug, don't forget my standing invitation to come over to the dark side, Son… We could do with a good man like you… and I know you don't hold it against me for chaining you to a serial killer"…You know my number. Use it.

Finally conceding defeat, he admitted that there was something seriously wrong with his injury, which could no longer be ignored or brushed off as a pulled muscle. He reached for his phone, pressing the extension for autopsy. Tony knew that Ducky had gone home a while ago.

"Jimmy, can ya spare five to have a look at my arm? I think I might have displaced the fracture."

"How? Umm…I fell… Why…Umm…not used to the heat I guess or low blood sugar… maybe jet lag."

"Thanks Jimmy, you're a prince. See ya soon."

Tony dragged his abused body agonisingly out of the chair. He ached all over and his psyche was mortally wounded as he made his way slowly over to the elevator and headed down to autopsy to see his stalwart friend. Jimmy could hopefully reset it and help soothe his tortured soul at the same time.

HRHRHRHR

"Aw Jimmy is this really necessary. Can't you do it? I really don't wanna go and wait in ER for hours. I need to go home and sleep."

Even as Tony whined, Jimmy Palmer observed that it seemed half-hearted as if he was just going through the motions. Something bad happened to him on the trip to Tel Aviv. He'd looked pretty sad and sorry for himself before he'd left but since his return, he seemed shattered and was putting up the most transparently flimsy of fronts. Jimmy wished that his mentor was here. He'd know how to help him, how to get him to open up and talk about what was eating him up.

Jimmy glared at Tony. "Look Tony we've been through this; you were right. You've displaced the radius and it needs re-setting. There's no telling how long its been displaced but at least before you got on the plane so that more than eighteen hours and you'll need drugs to relax your muscles before its reduced. Otherwise we could do more damage trying to reduce it and trust me Tony you really want someone experienced to get it back into alignment after so long. Ducky would have told you exactly the same thing but at least when they get to you, we have your x-ray here so that will save a heap of time waiting for that. We shouldn't be here for too long.

Tony groaned, "Talk to me Jimmy, tell me what's been going on while we've be off having fun at sunny Club Mossad."

Jimmy started to tell him all the gossip and saw that Tony began to relax a bit.

"Tony, what are you doing here so soon? Are you injured again?"

Tony and Jimmy looked up to see Nurse Marion Whitaker running a practised eye over Tony and by her expression, not liking what she saw.

"I got you're your message, Marion. Thanks and your welcome. Just don't blow it, hey? And to answer your questions, I'm here because my arm is giving me a bit of trouble and my friend Jimmy Palmer took an x-ray and made me come to hospital to see the quacks."

"Are you a radiologist Mr Palmer?"

Tony started laughing. "No Marion, he's Ducky's autopsy assistant aka The Autopsy Gremlin or Black Lung and my good friend."

Jimmy extended his hand and shook Marion's. "Nice to meet you, Marion. You were at the barbeque at Darryl's weren't you?"

"Yes that's right Mr Palmer."

"Please, call me Jimmy."

"So Jimmy, how did Tony here, managed to displace his fracture? Surely he wasn't allowed to going into the field?"

"No not exactly Marion. He's been in Israel over a case."

"Is that to do with the shooting the other night and the spy?" She noticed the look between the two men. "What? It was the talk of the hospital the other night and I don't think the excitement has died down yet.

"Yeah Marion, I had to go and fling myself on the mercy of Mossad for killing their officer." He saw the look of concern. " Hey don't worry, I'm kidding. I survived intact."

Jimmy also looked worried. "Tony, tell me that Ziva's father didn't rough you up? Is that how you reinjured that arm again?"

"Jimmy…Jimmy…Jimmy weren't you listening? I fell over in the heat. Ziva's father ground my shoulder and pinched the nerves a little, maybe tried to choke me when I pissed him off and tricked him into admitting that Michael was following his orders but he didn't touch my arm. It was just a cosy little chat between allies," Tony joked.

Jimmy looked unconvinced. "Then how come 007, you told me you fell because of low blood sugar?"

"No James, I said I didn't know why I fell, that it might have been the heat or low blood sugar or jet lag but they were all guesses. Stop being such a mother hen, you're getting as bad as Ducky and Gibbs."

Jimmy noticed Marion looking at Tony with an odd expression on her face.

She smiled at Tony, "Well, anyway Tony it pays to have friends in high places. I'm owed a favour or two by the ER nurse on triage duty tonight. Let's see if we can't get you bumped up the list. C'mon."

HRHRHRHR

After introducing him to the triage nurse, Betty and Tony having a field day with her name, she assured them that she'd make sure someone saw him soon and accepted the X-rays done by Palmer; Marion gently guided him to an empty cubical.

"Tony how did you re-injure your arm, really."

"I told you already, Marion. I. Fell."

Marion shook her head. Someone you care about did this to you Tony and you know how I know this? It's because you had exactly the same expression on your face and pain in your eyes when you said you fell down the stairs but we all knew that your father hurt you, Tony. I kept quiet before but not this time. I want to know, who did this to you?"

"Marion it's not what you think. It's my fault. I told her to go ahead and hit me. She was mad. I killed her boyfriend and she was hurting. She is my partner, she was my partner and it my fault she got left behind. If I'd only taken back-up to her apartment, he would never have gotten the drop on me. So it is my fault and she had a right to be angry. And I'm fine."

Marion shook her head, knowing that Tony might be a seasoned federal agent but when it came to his own well-being, his cognitive processes were still identical to hundreds of other battered and abused children or adults in abusive domestic relationships. He was still trapped within that small child, who'd been so badly injured by his father that it had undoubtedly arrested maturation of his sense of self-worth. That it was his own partner, who had perpetrated this latest abuse, was shocking to the nurse but it wasn't surprising. She knew that it was typical that an abused child would often as an adult; find themselves in relationships with abusive individuals. Tony's belief that he asked for it, that it was his fault and that it hadn't damaged him, was sadly so typical of victims of abuse.

"Did she hit you Tony, how did you displace the break?"

Somehow, Tony felt like he owed it to her not to lie seeing how much pain she'd faced the last timed he done that to her. Perhaps too because she wasn't a co-worker, he felt safe talking to her even though he felt like he was being terribly disloyal to his partner, despite her betrayal and lies. Didn't that make him as bad as she was?

"I fell down…when she…she kicked my legs out from under me… and she wanted to know why I killed him. Ziva… she… she drew her gun and held it against my thigh," Marilyn observed the horror in his eyes and felt shocked herself. "And before that …she…she… held it right up against my heart… I asked her if she wished Michael had killed me instead. She said perhaps she did… but she lied…her eyes told me the truth. She wished it was me that was dead...her body language told me what she was afraid to."

"Oh Tony, I'm so sorry but you have to stop covering up for her, she assaulted you, she threatened you with an armed weapon and more importantly, she hurt you physically and psychologically and that is not okay. I can't believe she did that to you. Wait a minute...you did said Ziva?" he nodded his head a fraction. "I met her at Darryl's. She seemed to be way too interested in your private business. She is Israeli, yes?" Again Tony nodded apathetically. "

"You have to tell Gibbs, Tony. You don't deserve to be hurt and threatened like that and it makes no difference if you told her to hit you. She is a professional and knows better than to point a loaded gun at anyone, let alone at her own partner. It could have gone off accidentally or she could have fired it impulsively. Didn't someone say she was a trained Mossad assassin and she struck me as being quick-tempered from the little I saw of her?"

She watched him closely seeing the defeated posture and the weariness and pain. Damned the woman, for hurting such a vulnerable and inherently decent man so badly. He'd endured more than enough in a lifetime already.

"Her behaviour was not okay whatever the provocation, any more than your father had any right to hurt you and if it had happened to anyone else you would see how wrong, how unforgivable her actions are. C'mon Tony, you were a cop as well as a fed, you know the stats on abused children being at high risk as adults of being in relationships and falling victim to abuse again. You need to talk to your friends about this. Tell Gibbs, he'd want to know; he cares a great deal about you. Like I said, I stayed silent when you were hurt before and it was the biggest regret of my life and I'm not going to make the same mistake this time."

Marion looked into his pain glazed eyes and said firmly, "promise you'll tell your boss or I will. Also promise me you'll get some counselling to help you get through all of this." She waited, hoping he'd agree to her demands.

Tony sighed deeply. The pain and exhaustion were wearing away his resolve to stay silent and anyway it would be better if Gibbs heard it from him than from Marion. The counselling, as much as it freaked him out, well maybe they could help him figure out how he managed to hurt every woman in his life or get them killed. If he could just figure that out, then he could make sure he didn't end up doing it to Abby too, he didn't think he could live with himself if anything were to happen to her. It would kill him for sure. He nodded sadly.

"I'll stop by his place after they reset my arm, Marion… and I'll try to do the counselling."

His head down, he looked so broken, she wanted to cry or even better, to strangle that stupid, stupid girl. Instead Marion reached over and hugged him, instantly noticing him tensing up and trying not to bolt out of the embrace. She laid a gentle hand over his good hand.

"I can give you the name of a couple of really good counsellors I know Tony. They volunteer their services with our kids…"

Jimmy knocked and stuck his head through the door. "Sorry to interrupt guys but they're calling your name, Tony."

Marion smiled at him. "Go. I'll call you with those names and I'd better get back to work too. Take good care of him Jimmy, he's one of the special ones!"

Next chapter: Fairy Godmother's and miscommunications.

A/N Those unidentified voice mails? Virtual Lindt Balls to readers who can correctly identify every one. Each voice mail contains clues within the message.