Chapter Thirty-Eight: Court Appearance

Two weeks passed and the case had made it to court. Ziva was at her desk that afternoon, wearing maternity suit slacks and a snug blue-violet turtle neck. Her frame clearly showed that she was pregnant. Everyone in the office knew she was pregnant, even McGee. But, only a few knew who the father was. She, just like the entire team, had to go to court today to testify. She wasn't looking forward to it, she never did. This wouldn't be the first time she had to testify but she knew she had to do it if she wanted to see that asshole behind bars and Dana get some closer. An hour later Ziva walked into the courtroom to find others were filing in as well. She found as seat behind the plaintiff's area and sat down. Tony soon joined her, sitting right beside her. He grabbed Ziva's hand and smiled to her. He placed a chaste kiss on her cheek, feeling the warmth of her skin beneath his lips.

"Stop it, Tony!" She disciplined as she pushed his face away.

"What?" He questioned. "I love you."

"I love you, too." She replied.

Soon, the trial was starting and the defendant's lawyer stood up. Ziva tried to listen to his words but became zoned out. None of it was important anyway, just an opening statement full of total bullshit. She then listened up when Gibbs had gotten called to the stand.

"The defendant calls NCIS agent, Ziva David to the stand." Radcliffe said, saying it Day-vid not Dah-veed.

Ziva stood up and walked towards the stand. She could feel all of the people's eyes boring into her as if their eyes themselves were drills. She sat down on the seat and looked directly at the lawyer whose light brown hair complimented his light blue eyes and black suit. He seemed so prim and proper, even with an outstanding and vibrant red tie.

"So, agent David, is it?" He asked, yet again saying her name wrong.

"David." She corrected calmly.

"Oh, my apologies. So, agent David, tell me, what was the nature of the case you were investigating?"

When she answered the question the attorney nodded in a comprehensive manner.

"And did you…sympathize with the victim?" He asked, clearly getting at something.

"Of course." Ziva answered. "She was raped."

"Is it true that you were in fact raped before?" He asked.

Her eyes went wide. How did he know this? Just then the district attorney stood up.

"Objection, your honor; relevance," She objected.

"I am trying to figure out if this agent is a hostile witness, your honor." Radcliffe explained.

"Overruled." The judge spoke, her voice filled with seriousness. "Please, miss, answer the question."

"Yes, I was raped." She said.

"By?"

"I do not see how that is relevant." She said, trying to keep her tears back.

She had never felt this way on the stand before. She knew it was because she was pregnant.

"Mr. Radcliffe, please try to keep your line of questioning on topic." Judge Riley said.

"Sorry, your honor," He retracted. "So, did you tell the victim what had happened to you?"

"Yes, but, that was only so that she knew she wasn't alone…" She said, becoming cut off before she could finish.

"Thank you, no further questions as of this moment." He said.

Just then the people's district attorney Kasey Novak stood up and walked towards Ziva. Her long strawberry-blonde hair was woven in tight curls which starkly contrasted with her black skirt and purple blouse.

"How long have you been working at NCIS?" Ms. Novak asked.

"Almost seven years," She said.

"Good, and um, you are respected, yes?"

"Yes."

"So, why, should your credibility be in question?" She asked, looking towards the jury.

"It shouldn't. Just because I was raped does not make me any less competent." Ziva said, her hair moving as her head move while she spoke.

"Thank you." Novak said. "Now, was Ms. Sutton able to make a positive identification of her attacker?"

"Yes, without any question."

"And who did she identify as her attacker?" She asked.

Ziva then pointed at Mr. Anderson who was shaking his head at this.

"Him," She said. "It was Charles Anderson."

"I didn't rape that bitch!" Anderson yelled, standing from his seat.

"Order!" Judge Riley yelled as she banged her gavel. "Mr. Radcliffe, control your client or I will put him in contempt."

Anderson sat down at Radcliffe command and Novak continued to question her. Ziva hoped it was over and breathed a sigh of relief. Just then Henry Radcliffe stood again. He walked up to the front of the courtroom and turned towards the jury. Oh, he had something to say, alright and Ziva had a feeling it would not be good for her or their case.

"So, this woman is a trustworthy and reliable agent. She follows the rules." He said, gesturing a flattened hand towards the Israeli on the stand. "There's just one problem…it's a lie."

The jurors all went wide eyed. They had not expected to hear this.

"She does not follow rules like she says, isn't that right Agent David?" Radcliffe asked.

Everyone in the squad room watched as Ziva's eyebrows knitted together. She was confused as to what the attorney was getting at. Lila Whittaker was jury number three and she looked at Ziva was confusion stinging her eyes. To her, Ziva was in fact a fellow Jewish woman who seemed to be loyal to America by serving for a federal agency. She watched as Ziva looked at what she figured was her co-worker and then looked back at Ziva. She seemed fearful as to what the man would bring up.

"Ziva David, can you answer a question for me?" He asked, semi-rhetorically. "Is it true that you're pregnant?"

The courtroom fell deathly silent. Some people had noticed this as she walked up to the stand but they had no idea this would come up while she was testifying.

"Answer the question, David! Are you or are you not pregnant?"

"Objection!" Novak exclaimed as she stood. "Badgering."

"Sustained," Riley replied. "Mr. Radcliffe, I am not sure that her pregnancy is relevant to this case. Sidebar, now."

The two attorneys came up to the judge and awaited the judge's words. Jennifer Riley hated when she had to call sidebars during trials. It made her feel like a mother disciplining her children, which she was not. She was a judge, plain and simple.

"I don't know what is going on but if you can't convinces me, Mr. Radcliffe that this is relevant then I will be forced to deny your argument. I am also sure that Agent David does not wish to be badgered by you, especially about this."

Her words made sense and both attorneys could say so.

"I am arguing her true ability and competency to do her job, your honor." He whispered through gritted teeth.

She sighed and shook her head. Pinching the bridge of her nose in frustration, she ran his words through her mind. She then looked up at the lawyer and told him what she had to say.

"This argument is dismissed. If you two have something else to add onto this argument by all means go ahead. Otherwise, I am telling Ziva to step down and I will call a recess." She said.

Mr. Radcliff internally kicked himself. He had her right where he wanted her and his argument would now slip through his fingers like melted putty.

"I have nothing else." Radcliffe said.

"Neither do I." Novak added.

"Ms. David, you are free to step down."