The Trial
Tony, Kate, and Aidan had been at the cabin for two days. Both Tony and Kate were grateful for the time off to spend together with their son. Aidan was in his playpen asleep and Tony was watching television when Kate came in from the kitchen. "Hey Tony have you…" she started to say. "Sssh, Aidan's sleeping." Tony said. Kate went over to Tony. "Is he now?" she said. "Yeah, after playing in the snow he was really tired I wouldn't be surprised if he slept for an hour or two." Tony replied. "Well then I guess that gives us some alone time." Kate said as Tony stood up and put his arms around her. "What do you suggest we do?" Tony asked flirtatiously. Kate whispered something in his ear and led him to the bedroom where they made love.
That night Tony and Kate were sitting on the floor playing with Aidan, when Tony's cell phone rang. He got up and answered it. "Dinozzo." He said. It was Gibbs on the line and he gave Tony the details of when Ben's trial would be and that they wanted him and Kate to talk in court about the lunch they had with him and they wanted to get some background about how Ben knew Kate. After Tony hung up the phone he went over and sat back down next to Kate and told her what Gibbs said. "You know you don't have to do this if you don't want to." Tony said as he put his arm around her. "I know but I want him to go to jail for a very long time and if what I have to say can prove he had motive than I'll do it." Kate said. "Okay then, I'll call Gibbs back in the morning." Tony said. They spent the rest of the evening with their son.
A few weeks later it was time for the trial. Abby took the day off work to watch Aidan since Tony, Kate, and Kate's sister Sarah were going to be at the courthouse all day. McGee and Gibbs were also there. The prosecutor called Gibbs to the stand and he told the court what went down that morning. "Mr. Johnson came to NCIS and shot two agents in an attempt to kidnap the child of two of my agents." Gibbs said. McGee then was called to the stand and he told his part of what happened. Then the prosecutor called a surprise witness to the stand. "I'd like to call Caitlin Dinozzo to the stand." Said the prosecutor. "Objection!" said Jonathan Roberts, Ben's attorney. "I'll allow it" said the judge. Kate took the stand. "How do you know the defendant?" The prosecutor asked. "We grew up together, we dated on and off through high school and college, and a few weeks ago he tried to kidnap my son." Kate replied. "Until a few weeks ago, how long had it been since you'd seen the defendant?" Asked the prosecutor. "Five and a half years." Kate said. "When he found out you were married and had a child how did he react?" The prosecutor asked. "He got this angry look about him. You see every time he has come to see me it's always been to try to get back together with me and I think it made him mad when he saw that it was never going to happen." Kate replied. "No further questions." The prosecutor said. Jonathan Roberts got up and began questioning her. "Why do you think he tried to kidnap your son?" Roberts asked. "Why don't you ask him? All I know is he was trying to use Aidan to get to me." Kate said. "Yes he admitted that much, why is it do you think my client said that Aidan should be his son?" asked Roberts. "He always thought we'd get married but he never accepted the fact that I don't love him." Kate replied. "Why don't you love him?" asked Roberts. "I don't know I may have loved him once but I wasn't in love with him. I honestly don't think I had ever been in love until I met my husband." Kate said. "No further questions." Roberts said getting really frustrated. Kate then went back to sit with Tony who immediately took her hand in his. Kate did exactly what she was supposed to do, she established that Ben had motive. Soon Ben was called to the stand to testify in his own defense. He had already admitted to the attempted kidnapping of Kate and Tony's son and would be going to prison but when it came to the murders he denied everything. They tried the insanity plea but it was ruined when Kate took the stand. They were now waiting as the jury deliberated. The jury soon was back with the verdict. "Will the defendant please rise" said the judge. "Has the jury reached a verdict?" she asked. "We have your honor" said the first juror. "For the attempted murder of a federal agent how do you find the defendant?" Asked the judge. "We find the defendant guilty." Said the juror. "For the murder of a federal agent how do you find the defendant?" asked the judge. "We find the defendant guilty" replied the juror. "Benjamin Johnson I hereby sentence you to a life in prison. Court adjourned." The judge said. Tony hugged Kate. "How do you feel?" he asked. "I'm just glad it's over. C'mon let's go home to our son." Kate replied.