Title: Sometimes They Come Back
Author: CSIphile/Redwing
Disclaimers and the like are on the first chapter. No need to repeat myself.
AN1: Thanks to those who reviewed, its SO appreciated! I'm kinda asking you to take a little leap of faith in regards to Kate's behavior regarding hiding the gift. Hopefully all will be explained for you in future chapters.
Chapter 2: Alibis and Lies
October 8th, Friday
For the fourth morning, Kate walked in and noticed nothing on her desk, aside from the files she had left the night before. She wasn't sure how she felt about it; she was mildly disappointed, since his note seemed to imply that there would be further communication, and since she couldn't reach him, it was all on Ari. On the other hand, this was a dangerous game she was playing, even despite his true nature; he had still shot two of her colleagues without compunction and kidnapped her…twice. Sitting down she flashed back to their conversation after she had called the Secret Service.
"You see, Caitlin. I'm not all bad," he said in that eternally calm voice.
"Not all bad? You SHOT three people." She glanced down at the body on the ground and amended her statement. "That I know of." Now that Kate feared nothing from him, she truly let her anger show instead of hiding it behind smart remarks.
"Only one is dead," he stated simply, taking another sip of the wine.
"THAT'S your defense?" She had sent him a nasty look and shook her head in frustration.
"Caitlin, you have to understand. I needed to appear to everyone what I seemed, a terrorist, and a man not to be messed with. Would you have believed I was a terrorist if I hadn't acted like one?"
He had a valid point, but it didn't lessen her anger.
"I did what I had to. I could have killed Gerald…and Gibbs. Easily. But I don't want a man's death on my hands if I don't have to."
"That's why you didn't shoot him in the head..." she said softly.
He had stared at her, a strange expression on his face….
"Kate? Kaaaaaate."
A sing-song voice broke her from her thoughts and she looked up to see Abby standing over her desk, staring at her with a smile.
"Abs! Hey there."
"Hey," she said and raised her eyebrows at Kate. "Everything ok?"
"Yeah, fine. Just zoned there. What's up?"
Abby seemed to accept her explanation and her smile widened. "Did you request evidence for a case?"
Suddenly her heart sunk into her stomach and she struggled to get out the next words. "No….why?"
The lab tech pulled a medium sized box from behind her back, showing Kate with flourish. She estimated it to be maybe 12 inches high and 6 deep, wrapped in brown mailing paper, her name in the same neat handwriting as before. Kate held out her hands and Abby handed her the package, a strange expression on her face.
"Came to the lab for some reason. Someone must like you, looks like it's from Germany." Abby said and grinned wider.
Kate looked at the postage stamp, this one slightly clearer than the first. She was pretty sure the city read 'Hamburg'.
"Something like that, yeah," she responded and put the box down. She reached into her drawer, physically restraining herself from grabbing gloves -- instead getting scissors. Her stomach was doing flips, equal parts nervousness and excitement.
As Abby watched with keen interest, Kate sliced through the wrapping, and like the first, the object in question was in a plain white box, no indication on the outside what the contents where.
Swallowing, Kate opened the top to more tissue, which she quickly removed. Reaching her hand in, she pulled out the gift: a small Pinocchio doll. Kate allowed a small smile to play on her lips as she looked it over, Ari was creative, she would give him that. The doll's arms, legs and head where all made of wood, while the middle was fabric over a form, allowing the extremities to move about on their own. He was dressed in Pinocchio clothes, hat and all.
Abby looked confused at the gift. "A doll?" she questioned.
She smiled slightly. "A Pinocchio doll."
Abby didn't look any less perplexed. "I don't get it."
"Sorry, Abby. It's sorta an inside joke."
Now the lab tech's eyes lit up. "Ohhhhh, I get it. Who's the lucky man?"
Just then Gibbs chose to walk back to the bullpen and approached the women.
"What's going on?" he asked in a smooth voice, oblivious.
Before Kate could say a word, Abby spoke in a mischievous tone. "Kate's getting gifts from mystery men."
Kate watched something flit across Gibbs face; it was so fleeting she couldn't be sure, but Kate could have sworn it was jealousy.
"Great, but I don't suppose we could get back to work now?"
Abby gave Kate a look and wandered back to the lab, and Gibbs sat at his desk, apparently looking for something. Meanwhile Kate put the doll on her desk, only noticing the note attached to its neck when she sat down. Tentatively she reached out, pulled it off, and unfolded it -- all the while keeping one eye on Gibbs.
Liars lie to protect themselves
While some lie to protect others
I have told many lies
But I hope you can forgive me, Caitlin
Pursing her lips, she folded the note back up and placed it in the drawer with the walnuts, away from any prying eyes. The doll, however, she left on her desk. While the initial implication of the toy was negative, he had shot Gerald over what was essentially a lie. She understood what he was trying to get at -- he was looking for forgiveness for his acts, for his deceit, which Kate actually wasn't sure she could give. She wasn't one of the walking wounded left behind by this guy. She wasn't even sure her forgiveness would mean anything; at least she knew his intentions were truly personal.
"Ready?" Gibbs suddenly asked, pulling her out of her thoughts.
"Yeah…let's go."
They took the elevator downstairs to the evidence garage, back to the cold case. The day after they started, the two had been pulled away by a robbery case at Norfolk. They had solved it easily in three days, but had to put down the Bergman murder to do it. Now they were back on it with no other cases coming through, and all they had managed to accomplish was talking to a few witnesses, none of whom remembered anything else. Both had become attached to the case somewhere along the line, and wanted to see justice for a woman who had been strangled in her own home. So every extra second they had was spent working on it.
Tony's TDA to New York had been extended; due to problems with the investigation, it was taking significantly longer than expected. They still didn't know when the agent would return, but as yet, there wasn't a critical need for him. If they did need another body, Gibbs would call on another team, or McGee.
Moving to the table, the two pulled back out all the boxes and reorganized them by stage of the investigation. Once they were done, they looked at each other.
"Now what?" Kate asked.
Gibbs pressed his lips together. "Alibi is still solid. Witnesses don't remember much else, which isn't surprising after five years." He looked around the table. "Back to the physical evidence."
"Ok," Kate started, standing in front of the table. "Jessica Bergman was found at 2 am by her husband who had just returned to their on-base housing after being a bar with some buddies off base. ME placed her death between 10 pm and midnight. Luke Bergman was at the bar before 10 pm -- according to witnesses, probably closer to 9:30." Her voice was tight.
Gibbs looked at her. "Facts only, Kate."
"Right…." She composed herself and continued. "Jessica was manually strangled in their living room. She was in her nightclothes and it appeared she had been reading when the attack occurred; there was an open book on the end table. She had fought back, a lamp was knocked over, and the cushions on the couch were in disarray, though there was no other disturbance in the house. Her knuckles were torn up and she had a split lip, probably from being hit by the perpetrator. Nothing was stolen; no signs of a break-in. Luke stated he wasn't sure if he locked the front door before leaving, which could be point of entry."
Gibbs listened with interest -- he could almost see the attack as she spoke. Almost, but not quite.
"Find out if that on-base housing unit is occupied -- I want to see it."
She nodded and picked up her cell, calling the base. As she did that, Gibbs looked over the crime scene photos. She had been a pretty woman, taller than Kate, but the same slight build, similar dark hair as the agent, but sea green eyes instead of hazel. Flipping through, he got to the autopsy photos and nearly dropped them.
Instead of seeing Jessica Bergman, he saw Kate on that slab again -- a bullet hole in her head, her skin the pasty white of the long dead, those hazel eyes lifeless. Gibbs could feel his heart accelerating -- suddenly he was warm, clammy, his breathing became erratic. The idea disturbed him as much now as it did five months ago.
Startled, he did drop the pictures on the table and turned toward her, needing reassurance. Gibbs knew it was illogical, he had JUST talked to her not two minutes ago, and even now he could hear her heels clicking on the concrete floor. But the aftereffects of the panic still flowed through his system, and only eased when he physically saw her standing there on the phone, talking animatedly.
She turned to him and gave him a thumbs-up, smiling.
He nodded in return and went back to the photos, this time only seeing Jessica.
October 8
Base Housing
"Three thirty-two," Kate stated again and pointed to a house in the curve of a cul-de-sac. "Right there."
Gibbs pulled into the driveway of the home and they got out. This was older base housing, small tract homes, pretty much all the same floor plan, little in the way of landscaping, each house painted the same neutral shade of tan. Typical old-school military.
They approached the house and Kate opened the front door using a key they got from the base housing department. The last family in the unit was being moved to California -- they were gone, but some of their possessions – mostly the larger furniture items -- still remained in the home. They moved through the foyer area; to the left was the living room where Jessica was murdered, to the right was a small dining room, with kitchen attached, down a narrow hall were three bedrooms and a small bath.
They returned to the living room and stood at the threshold, each trying to picture it.
Gibbs pulled out the crime scene photos and compared them. The room had been painted and the carpet replaced, but the furniture still there was almost in the exact same position. Putting the file down, Gibbs took the photos with him and walked into the room. Kate followed cautiously; she could see he was onto something and didn't want to distract him.
He was walking away from her toward two large windows when he suddenly spun around and looked at her.
"Help me here…" he said, and started pushing the couch slightly until the back of it was to the open entryway.
She said nothing, but complied. They continued to move things around until the furniture, minus a few pieces, was perfectly placed as the Bergman's had it five years ago. Satisfied, Gibbs looked at her again, and back at the photo of Jessica sprawled across her couch.
Turning back to Kate, who was staring at him, he swallowed the lump in his throat; after this morning he wasn't too keen on the idea he had. But he knew it would help.
"Sit on the couch," he said with that commanding tone of his.
"What?" She looked momentarily confused before his intentions hit her. "Oh, ok."
Removing her coat, she walked around the couch and sat down. He moved to her former position behind the couch and stared at the back of her head. Furrowing his brow, he looked at the door a mere five feet from his position, then back to Kate seated silently on the couch, perhaps another five feet in front of him.
"Was the TV or radio on when NCIS got here?" he asked.
She grabbed the file from the couch next to her and skimmed the notes. "No, but they did note it felt warm in the room."
Gibbs filed that away for later consideration. "So the room was silent -- all the doors and windows were locked, correct?"
"Yup."
"But Luke doesn't remember if he locked the front door when he left."
"Nope."
"Convenient," he snarked.
Kate turned and looked at him. "Facts only."
He gave her a lopsided grin; he was proud of the agent Kate was becoming. "Right. Let's say the front door was unlocked and that's how the perp got in."
"Ok." She was still facing him, twisted on the couch.
He opened the front door. "Turn back around…"
She complied and Gibbs stepped out, shutting the door with a careful 'snick'. He waited several minutes before reopening the door, trying to be as silent as possible. But when he rounded the corner, she had turned again and was looking at him.
"I heard you."
"Coming or going?"
"Well, both. But I heard the door open when you came back in. It's hard not to from here. She HAD to have heard her attacker."
"Possibly," he mused. "Ok, let's run through this. Assuming she heard whoever came through this door, she probably would have turned around to look."
"Right." Kate stayed in her twisted position.
"Whoever it was approached her…." Gibbs moved toward Kate, who didn't move.
He stopped. "You know me."
"Sometimes," she quipped, but he ignored her.
"You didn't get up. If I was someone you didn't know, you would have gotten up and moved away toward the only other door out of the room -- human nature. But the only disturbance in the room was in the direct vicinity of the couch, and she didn't move."
Again he moved toward her, non-threateningly. She remained seated; by unspoken agreement they decided to run this if the husband did it. When he came around the couch she still didn't move, just watched him as he sat next to her.
Gibbs sat as close as possible to her, as Luke may have done to his wife.
"So they talk about the weather…state of the union…state of their marriage perhaps?" Kate opinioned.
"Maybe, maybe he gets angry with her, or tried to sweet talk her out of anger. All reports where she fought as hard as he did."
"Maybe she gets up, furious. She can't take it anymore, maybe he's a player," Gibbs eyes rose at that but she continued, standing, moving into Jessica's place. "Tired of your constantly leaving me here, going out with the guys."
Gibbs stood, closing the gap between them, moving into character. "If you were a better wife and didn't bitch I wouldn't have to leave all the time."
"Maybe if you stuck around, I wouldn't have to bitch," she yelled at him. "I'm sick of this, sick of being left here alone, sick of your coming home drunk all the time. You're a lousy husband."
"So he smacks her," Gibbs says, making the motion without actually hitting her.
Kate recoiled in fake pain. "You asshole. That's it; I've had it with you." She moved to step around the couch, away from him, but Gibbs grabbed her with both hands on her upper arms.
Kate pulled at his restraint, and when he let her right arm go it went sailing, right through the empty space where a lamp had been sitting five years ago. They each in their minds saw the green porcelain fall to the ground, shattering.
"You're not going anywhere," Gibbs growled at her and moved closer, restraining her again with two hands. Kate was startled a moment by his realism, but continued on, struggling against him.
"Don't touch me," she hissed.
"Why not? Everyone else does!"
Now Kate really struggled, pulling against him, Gibbs didn't give an inch; instead he pulled her toward him, pressing their bodies together. Kate felt a sudden heat flush through her at the contact, but continued on in Jessica's place.
"Let me go…"
As she struggled with him, her heel caught the edge of the couch and she tumbled down onto it, Gibbs following. He was forced to let go of her arms to brace himself on either side of her head before he came crashing down.
They stared at each other a minute, their faces a few inches apart, not as Jessica and Luke, but as Kate and Gibbs, each somewhat startled by their sudden position. He could feel her breath on his face, smell the gum she had been chewing earlier, it was a sweet peppermint scent.
Quickly though, Gibbs got control of the situation and returned them to what they were doing, but this time removed himself from Luke's point of view.
"Maybe he said something nasty to her, and that was it." Carefully, probably more careful than Luke had been, he sat up, straddling her waist, one foot on the ground for balance, and pulled his hands up, moving them toward her throat. She put her arms up, pretending to struggle with him.
"I bet this is when her knuckles got torn up," she said as their hands tangled.
Eventually he overpowered her and lightly wrapped his fingers around her neck, she stopped struggling under him and their game was complete.
Gibbs sat back up, looking down at Kate who stared up at him. "He did it, Gibbs. Luke Bergman killed his wife. If this had been a stranger, she would have struggled more. The disturbance would have been greater, even if she didn't hear an intruder. It wasn't an intruder though, so she didn't put up as much resistance. Jessica didn't think her husband would actually kill her. They'd been down this road before and she always came out alive."
Finally he moved off her and held out one hand, helping her up off the couch.
The piece of information that he had filed away came back to him. "You said the NCIS agents made a note of the temperature?"
"Yeah, they said it felt warmer than they expected for the mild temperature in the area," she said and gathered the file.
He grasped her elbow and led her toward the door. "Let's go. I want you to call the NCIS agent and find out how warm exactly."
"Ohhhkay," she drew out and they got into the car. Gibbs had an idea, and if he was right, the husband's alibi might be worthless.
tbc……
"Drink."
"Whats with all the water?"
"Ohh, you gotta hydrate on a submarine."
"All you've had me doing is hydrating…"
"Drink it."
[Pause]
"So how's your bladder?"
"What?"
"The COB's at the end of the passageway trying to keep an eye on us. You gotta distract him." Pause. "You're gonna need help working the toilet.
"Gibbs…"
"Trust me, Kate, on a submarine it's a very complicated mechanism."
"Is that why you've been shoving water down my throat for the past hour?"
"I want to check out PO Thompson."
"All right. Well, you didn't have to drown me, all you had to do was ask."
"Come on. Hydrating is good for you. Go on…unhydrate."
[look] "Never heard it called that before."
"Go on…"
It's a long one, but I love it….
