Not Beta'd; Standard disclaimer applies.
Science doesn't lie, Chapter 25, Tests, Trials, and Tribulations
"Abby, I'll ask you again, what are you running?" Tim heard Gibbs ask as he stood outside the lab.
Abby remained silent, eyes widening when Tim entered.
"McGee," Gibbs addressed, knowing who Abby was reacting to, "Can you tell what's in that?" he asked, nodding to the machine that produced the results earlier.
Tim nodded and walked to it, "It's set for DNA analysis," he confirmed. "I can't determine whose; the ID is coded."
"Wha-"
"Hold on a moment," Tim interrupted, walking over to the computers. Reaching out, he turned on the screens and nodded as his hunch was confirmed and gravely informed Gibbs, "She set this up to compare our DNA in the system against each other's." Tim then paused as he opened up another screen.
A few moments later and multiple keystrokes later, Gibbs heard him hiss, "Damn it, Abby."
"What?" Gibbs asked.
"The DNA in the analyzer is mine."
"Just yours?"
Tim nodded, "She's running it like she did the kids' yesterday, against the system."
"Both? Why?" Gibbs inquired.
Tim nodded in response to the first question before answering the second. "Probably in case she either a) gets interrupted and needed the analyzer for a case; b) for confirmation against 'contaminated samples' and c) we realize what she was doing and kept the results from her."
Gibbs frowned, "How would that last one help her?"
Tim didn't even think about covering for her. "The results from this is set to be automatically saved to a file, and sent to her email, not just displayed on the screen."
"Abby," Gibbs voice was heartbroken and disappointed.
"Gibbs, you needed to know. I was just taking the next step," she added. "I would've run the mother's DNA first, but, well, I don't have it."
"And you won't be getting it," Tim snapped.
Abby snorted, "You can't keep it from me, it's my lab."
"This is NCIS's lab," Tim corrected, "And this isn't a case. We'll get the testing done from a professional third party."
"I'm professional," Abby argued.
"A professional thief," Tim harshly retorted. "I don't know how you can call yourself a professional scientist, not when you keep stealing DNA."
"It had to be done," she huffed.
"No, it didn't," Tim angrily argued. "And it definitely did not have to be done by you. God, Abby," Tim cried as he raked a hand through his hair. "Did you learn nothing from yesterday?"
She just ignored the man she claimed to be her best friend and turned to the other man in the room. "Gibbs," Abby pleaded, "You understand why I had to do it, don't you?"
"Actually, Abby," Gibbs replied, his voice quiet, yet laced with anger, "I don't."
"What!" Abby shouted in disbelief. "Those kids are your family, we had to know how they are related to you,"
"We didn't have to do anything." Gibbs replied. His words had Tim staring at him. He suspected that Gibbs hadn't cared about the relationship, but to hear him say it out loud was still a surprise.
Abby continued as if Gibbs hadn't spoken, "As soon as we get the results back, confirming that you and Timmy aren't related, we can focus on the twins' mother."
"God, Abby," Tim hissed, focusing his anger on the only one he could, the one who instigated this situation, "Do you even hear yourself? Why are you so caught up in this? This is my family that you are messing with, it has nothing to do with you. These are decisions that Gibbs and I needed to talk about, you have no part in this. We, Gibbs and I," he clarified by stressing those words, "Had a plan, but once again, you stepped in where you weren't wanted or needed and decided what we should do. You did it without our knowledge or consent, hell, you didn't even talk to us about it at all. You took the choice away from us," he snapped.
"Boss, I really can't let this go," Tim said sadly, waving a hand towards the analyzer, as he turned to face Gibbs.
"I know," Gibbs admitted, nodding in agreement, as he walked out the lab door, phone in hand, passing Tony and Ziva who had just exited the elevator and had been approaching the lab.
"Tim?"
"Probie, what's going on?" They had heard the yelling, but hadn't been able to make out any words.
The concern he heard in the voices of his teammate had Tim open his mouth to reply, after all, he said no more secrets.
"I don't…I can't …" he muttered as he began to pace in front of the machines. Tim found that he didn't even know how to explain this, his mind was being pulled into multiple directions. He slowly exhaled, deciding to focus on one thing at a time.
"How long have they been running?" he asked, turning to glare at Abby.
"Abby," he called when she turned away, not answering.
"Fine, I'll just unplug them and stop it," he muttered, moving towards the analyzer.
"No! You might damage Mi-," she protested.
Tim whirled on her, "You care more that I could damage a machine than about our damaged friendship," he snapped, "Just like you cared more for a dog than for me."
"Jethro's a great dog and he was shot!"
"Dammit, Abby, I'm not saying he isn't," Tim argued, "But I was bleeding from my neck and arm and you had more concern for a dog who was already healing than for me," he reminded her, even as he approached her.
A silent Tony and Ziva watched as Tim loomed over Abby.
"You focus on one thing, and ignore everything else. It doesn't matter if that one thing should involve you or not, if it is serious or trivial. When you get that one thing in your sights, nothing else, no one else matters. I told you this before but once again, you don't listen and you don't think. You just do whatever you want to do to keep 'Abby's world' in what you perceive to be its optimum state. Once, just once, I wish you would see how you are and what you are doing. You need to open your goddamn eyes and see things for what they are, not just what you want them to be," he snapped.
Tony and Ziva exchanged worried looks, neither one knew what had happened and they weren't sure if they should intervene or not. They had never seen Tim so upset, not even yesterday when this started and rumors were flying.
Tim exhaled, trying to calm himself down. He hadn't meant to say any of that, most of it was from the past relationship he and Abby had. Shaking his head, he focused on what was important right now, getting information from Abby. He moved back towards the analyzer.
"Last chance," Tim said, reaching for the plug, "How long?"
Abby remained silent and Tim moved his hand to wrap it around the cord.
"McGee, no," Gibbs ordered as he entered the room and headed towards him. His young agent's eyes narrowing angrily at him. Gibbs paused at that look and forced himself not to take a step back. Once he regained his composure he continuing on towards Tim and placed a hand on his shoulder. "Doing that would only delay it and possibly prevent us from rerunning it if the system became damaged," he stated softly, trying to calm his angry agent.
Tim reluctantly nodded at the truth of those words, released the cord, and stepped back.
"Abby, how long?" Gibbs asked.
When Abby remained silent, Gibbs addressed Tony, "DiNozzo, stay here and make sure nothing and no one interferes with the computer and analyzer," he ordered, earning a nod in response.
Tony didn't trust himself to speak; he knew that if he opened his mouth it was most likely that either a ton of questions would spew forth or another batch of jokes and he was pretty sure that no one had the patience to deal with him right now.
"McGee, head to the director's office, he's expecting you," at the look of betrayal on Tim's face, Gibbs quickly corrected, "us."
When his young agent still didn't move, he added, "Abby and I will join you soon."
With a nod, Tim turned and headed upstairs.
"Ziva," he began, turning to meet the female agent's eyes, "Go to the ladies' room down here with Abby. Do not let her out of your sight. Search her and make sure there's nothing on her."
"Gibbs?"
"Gibbs!"
"Boss?"
Ziva, Abby, and Tony said respectively.
Gibbs shook his head again, looking at Ziva, "I do not necessarily mean weapons, though always check for those," he added dryly, "But specifically, evidence and specimen jars, something that might contain DNA Samples, things of that nature. When done, wait for me there, I will meet you shortly."
Ziva nodded and escorted a protesting Abby out of the lab, grabbing some evidence bags in case something was found.
"Boss?" Tony questioned when Gibbs entered Abby's office, grabbing her purse and bag and started to search them. "What's going on?"
"Meeting with the director."
Tony refrained from rolling his eyes. That was the only thing he figured out so far. "And searching Abby and her things?"
"Needs to be done," his tone indicating no more information would be forthcoming.
"Right," Tony nodded, returning to the lab to watch the running systems.
"DiNozzo," Gibbs called after he completed his search and exited the office and lab, "If anything beeps and the tests finish, do not look at the results, no matter how curious you may be, got it?"
"Yes, boss," Tony agreed, silently vowing to make sure he doesn't even look in that direction, he didn't know what was going on, but if Gibbs was pissed enough to have Abby searched and request a meeting with the director.
McGee hesitantly knocked on the director's door.
"Enter," he called, greeting the man who nervously stepped into his office. "McGee, relax, have a seat. You are not in trouble."
"Yet," Tim muttered to himself as he sat down.
"I apologize for Miss Sciuto's actions against you and your family," Vance stated, ignoring Tim's muttering. "It was not sanctioned by this agency."
"I know," Tim replied softly. "It's Abby," he added with a shrug, "She often does what she wants, regardless."
"And that is something that will change, if she wishes to continue her employment with NCIS," Vance promised him. "Now, I believe we'll have some time before the others join us to talk about a few things, but first, would you like a drink?"
"Um, coffee?" Tim asked.
Vance nodded, "I'll let you in on a secret," he said, standing up and opening a large cabinet.
"Whoa," Tim muttered in awe.
Vance grinned, "My wife did this shortly after I received this promotion. She said she didn't want to deal with me after I spent 18 hours at the office drinking bad coffee."
The cabinet housed several different types of coffee makers, from the old-fashioned brewers, to those that created espresso, Latte's and everything in between. There were also multiple brands and flavors of coffee placed on the shelves, as well as flavored syrups.
"Truthfully, I think my wife plans on owning a coffee shop when I retire and wants me to be the main barista," Vance mock whispered to McGee.
"Does Gibbs know about this?" Tim asked, saying the first thing that popped into his mind.
"I didn't tell him," Vance admitted, "But I wouldn't be surprised if he does."
Tim grinned, understanding what the director meant.
"Now, what would you like?" Vance asked. "Once I start your order you can tell me what you would like to see happen."
"Ziva, it's me," Gibbs called, knocking on the ladies' room door.
"We will be out soon," she called back.
A few minutes later, Ziva and an embarrassed Abby appeared.
"Gibbs! How could you do that to me?"
"How could you take McGee's DNA, his kid's DNA and run them without consent?"
"That's different," she argued.
"That was illegal and an invasion of privacy," he corrected.
"Then what was that," she asked, waving a hand towards the restroom.
"Policy and procedure," he returned, ushering them into the elevator when the doors opened.
Policy? Abby mouthed in surprise. "I did it for a case," she stubbornly argued.
"No, you didn't," he disagreed. "It was for you, trying to prove yourself right," he replied just as the elevator doors opened on the top floor.
After entering the director's office, Abby sullenly sat down, not greeting or looking at anyone.
"Ziva, continuing working cold cases. I'll contact you if you are needed."
"Yes, Gibbs," Ziva agreed.
Tim sat and watched as Ziva, Abby, and Gibbs entered the office. Abby huffed as she walked across the room and sat down at the end of the couch. Gibbs and Ziva took a few minutes at the door before Ziva left. Gibbs then turned around, took in everyone's position and grabbed a chair from the conference table and pulled it over so he was sitting between Tim and Vance.
Tim wasn't sure if he should be comforted by that action or not. After all, Vance did not seem upset with him. Of course, neither did Gibbs, yet.
The fact that Gibbs did not sit in the spot next to Abby could mean something, Tim's mind processed. It could mean that he was upset with her or perhaps that he was trying to remain impartial for the moment.
"Miss Sciuto," Vance began, "Tell me what you did yesterday from the moment you entered the lab."
Abby nodded and explained her regular routine of inspecting the equipment and systems, and replenishing supplies before working on paperwork while waiting for a case.
"And you did not run any tests?" Vance asked.
"We did not have an active case at that time," she replied.
"Not what I asked," he stated, looking her in the eye.
"I didn't start any tests," she stated meeting his gaze.
Vance eyed her suspiciously, unsure whether or not she was speaking the truth. Wanting a second opinion, he turned to the other two men in the room, both of whom knew her better than he did.
An expression of surprise flittered across the older agent's face before he nodded; Abby was being truthful with that statement.
Tim however, snorted. "I wouldn't trust her if she told me the sky was blue," he muttered causing Abby to gape at him and huff in outrage. "And you need to ask the right questions," he commented louder to the Director.
"What questions would those be?" Vance asked.
Tim shrugged, "If she had the results yesterday morning, then she ran the test at least 12 hours before that, most likely more since the test I set took almost 18 hours. Ask her if she was here Saturday night or Sunday morning and why. Or you could ask her to list any and all tests she ran or began during that time frame," he added.
Abby glared at McGee before turning away before she was caught.
Vance nodded and once more focused on Abby before asking her those questions.
Abby remained silent.
"Abby," Gibbs growled.
Vance held up a hand to hold him off before typing a few things into his computer. "You are not her father," Vance stated calmly. "Nor is she a rebellious teenager, there is no need to coerce her into answering my questions. In fact, I believe in her silence she has provided the answers and established her guilt. I have no doubt that if she was innocent, she would be loudly proclaiming that information, which, coincidentally, brings me to what she had loudly proclaimed.
"Later that day you went to the bullpen. Why?"
"To see Timmy and Gibbs," Abby replied. After what the director had just said, she knew she couldn't remain silent, she would just give the minimum answers to his questions and try not to implicate herself any more than necessary.
"Regarding what?"
Abby paused, "Timmy's children. I had just found out about them the weekend before."
"What specifically about his kids?"
Abby squirmed, but didn't say anything.
"Miss Sciuto, do I need to play the security tape to remind you?"
"No," Abby responded. "I found out that Timmy's kids' DNA matched Gibbs'."
"How did you obtain that information?"
Abby again remained silent.
"Miss Sciuto, need I remind you that the security cameras in this building record everything?"
Abby sighed, "I ran the kids DNA through the system. Was surprised when I got two matches."
Tim bit his tongue to prevent himself from mentioning that she stole that DNA and that both matches were a surprise to her.
"And what did you do with this new and surprising information?"
"Went to confront them about why they didn't say anything."
"And did you pull them aside and ask them quietly about it?"
"Er, not quite."
"Not quite indeed," Vance repeated, frowning at her. "In the interest of time, I will let you know that I have seen the security tapes. No more evasive answers," he cautioned, before asking her more questions about her actions. Abby no longer hesitated or tried to mislead him with her responses.
"And then, today," he paused, "After the retesting of the kids' DNA, you did it again."
"They needed to know."
"Perhaps," Vance agreed. "But no one gave you permission to do so without their knowledge or consent. Nor did you have permission to use NCIS equipment."
"You gave Gibbs permission," Abby protested.
Vance raised an eyebrow, "Did you know that for a fact?"
"I...no," she reluctantly admitted.
"As I thought," Vance nodded. "Miss Sciuto, this is a very serious situation you have gotten yourself into. You used your position at NCIS to illegally run the DNA of coworkers and their family, without their consent or anyone's permission."
"I was trying to help," she argued.
"Doing the wrong thing for what you perceive as the right reasons still makes it wrong," he retorted. "Especially since you didn't seek any alternatives."
"Like what?"
"Agent McGee's opinion; his or Agent Gibbs' permission," Vance answered dryly, "Or even bringing the matter to my attention, to name a few.
"You took it upon yourself to find answers, regarding something that did not, should not have involved you," he relied, looking at her.
"Bu-" her protest died on her lips at his continued stare.
"Now, I have discussed this situation with Agents McGee and Gibbs and they have agreed to leave this in my and NCIS's control. I will tell you right now, things are going to change."
"Not an assistant," Abby whined.
Vance's eyebrow rose, "No, not an assistant," he agreed, causing Abby to sigh in relief, "But a coworker. The two of you will have equal status, both reporting to me. I will arrange your weekly schedules, and unless called in to help, you will adhere to that schedule. There will be no more popping in on days off to run questionable tests; this lab is not your personal playground," he informed her.
"Security cameras will be active in the lab at all times. Computer searches, like the one you began on Gibbs and McGee will automatically be noted and recorded."
"Anything else?" She asked pouting.
"As a matter of fact, yes," he replied. "We haven't discussed the consequences of your actions yet. I would ask you to make a formal apology to both Agents McGee and Gibbs in front of the squad room, but Agent McGee tells me that it wouldn't mean anything since you don't believe your actions warrant it. From what I see here, I agree with his assessment.
"You will be suspended for a minimum four weeks. Half of those without pay," he added. "After for weeks, we will meet and discuss the situation, at that time, you will either return to work, under the new guidelines, or your suspension will continue for another two weeks. This process will continue until I feel that you are ready to act in a professional manner, this includes your interactions with all of your coworkers, and the use of resources available to you.
"A formal reprimand will be placed in your file. When or if you do return you will be required to attend, at minimum, quarterly seminars on ethics in the workplace. You will also be on probation for one year, if anything similar occurs, you will be terminated with prejudice and I will encourage the victims to file formal charges."
Abby's mouth dropped open in shock.
"Gibbs," She whined, turning to the SSA, "You can't let him do this."
Gibbs shrugged, "Out of my hands, Abby."
"But I found you your family," she cried.
"And could have ruined another," he retorted. "Still might, since we still don't know how all this is possible," Gibbs admitted. "But the results don't excuse your actions. As someone who is adopted, I would think you would have thought about the ramifications of not only running someone's DNA like this, especially without their knowledge or permission, but also sharing that information with everyone around."
Abby huffed and glared at the two men, though admittedly it was mostly directed at Tim.
Vance frowned at her again, "You should be thanking them," Vance injected, glaring at Abby. "It is only because of the fact that they decided to leave this in my hands and not press formal charges that you are in a position to return to the lab at all. I wanted to haul your ass up to the bullpen and ream you out in front of everyone yesterday, as soon as I heard what happened.
"Of course, if I had known what you were going to do today, I would have made sure to talk with you and give you this warning then, meaning that I would be firing you today," he stated, the look in his eyes expressing how much he wished that was the case.
"Your days of acting like a princess are over. NCIS has policy, procedures, and standards. You will adhere to them."
Abby's jaw dropped, "Bu-"
"With some time, what you did yesterday and today, while perhaps not forgotten, might eventually be overlooked enough to maintain a cordial working relationship."
"I-"
"Miss Sciuto," he injected sharply. "You maligned and tarnished the reputations of two of your coworkers. Two of your coworkers that you claim you care about. How could you possibly expect anyone else in this agency to willingly work with you once the truth of your actions become known?"
"Known?"
Vance raised an eyebrow, "You cannot expect these events to go unnoticed? NCIS will not sweep this matter under the rug, nor will they excuse your actions. Legal has prepared several documents regarding this instance, as well as revised our code of conduct to ensure that they are not repeated."
Tim stared at the director in shock. When the two men were talking earlier, Vance had told him he would support whatever McGee wanted to do in this situation. He hadn't offered any suggestions, but had simply waited while Tim pondered his options. Tim expressed what he wanted, mostly that this never happened again, to himself or anyone else; he didn't care what happened to Abby, in fact, Tim didn't feel like he had a right to dictate what happened and was more than happy to leave that decision to the director.
Vance had nodded in relief before explaining what he had been advised. The Director had told him that legal recommended he not fire Abby, citing precedents and a few loop holes as the reason why. At the time Tim thought it was a line Vance was sprouting so he wouldn't lose 'one of the best forensic scientists'. Now, he truly believed that Vance wished that advice had been different.
Vance held out some papers and a pen for Abby to sign, "Your security clearance will be blocked until your suspension is complete. Security will escort you out. I ask that you do not contact any one from NCIS during your suspension. The only exception is if you need to discuss this situation with me."
"I'll need to go to my lab to get my things," she stated.
"I have them right here," Gibbs responded, handing over her purse and bag.
Sighing she retrieved them and looked at them then before meeting Gibbs' knowing gaze.
"Bert," she began.
"Any personal items will be packed up and delivered to your residence. After your suspension is complete, then you, like any other NCIS employee can keep personal objects on your desk, providing they do not inhibit or distract others from completing their work," the Director informed her.
"Fine," she said, standing up.
"Miss Sciuto, I advise you to remember my warning against anything similar occurring. That pertains to whether it happens on NCIS property or not," he reminded her.
"Fine," she repeated, before security escorted her to her car and off the Navy Yard.
2-16-2020
Well, there you have it, Abby and the Director.
I know many of you wanted Abby to be fired, so did I and Vance :), but I might need her around for another part of the story, so I went with suspension and blamed it on legal (sorry for anyone out there who is a lawyer or works in legal), Cuz you know Abby would file a wrongful termination suit...
I so wanted to cut that scene and place it in the next chapter, but doing that, along with how I want the other chapters to 'fall', would mean a lot more smaller chapters, so I decided to include it and plan on the next few chapters being longer as well.
The good news: the 'reveal' is about 6000 words away. Most likely within the next two chapters...how would you guys feel about one really, really long chapter :) Or maybe 4 much smaller chapters? I would only do the smaller chapters, (hmm, possibly update daily until it is revealed?) if you guys promise to continue reading at least until we know the truth, not just suspect, believe, or think we figured it out...Rule 8
