CHAPTER 3:

FLASHBACK

5:00PM – Bull Pen:

"Anything from Abby on Kate?" Tony asked McGee.

"Yeah, according to Abby, Kate dated FBI agent Andrew Sommers a couple of times. Kate wasn't feeling it, the guy wasn't happy about it and has been trying to get Kate to go out with him again."

"Do a back ground check, would you McGee?"

"Already working on it."

Tony gave McGee an impressed look. "Wow, Probie. You're really thinking on your feet."

"Actually Gibbs mentioned it earlier."

"Okay, I'm no longer impressed."

"Hah-hah. Real funny." McGee paused a moment. "Tony, I've met Sommers before. While you and Gibbs were in New York a few weeks ago, Kate and I worked in conjunction with the FBI. Sommers was assigned to the case."

"Impression?"

"Well, he seemed really…enamored by Kate."

"What? You mean Kate didn't try to bust his balls? That's not fair. She does that all the time."

"With you she does it all the time. With others, she's nice."

"Uh-huh." Tony played with his pen for a few moments while staring at Kate's desk. He glanced at McGee with a wicked smile.

McGee knew enough about Tony, that when he has that smile on his face with eyes glittering, it means he's up to something that will eventually get him into trouble.

"Well Probie, Kate may just need some back up. I think I'll swing by and get some coffee on the way home."

"Tony, I don't think that's a good idea. Kate won't be happy having you spy on her,"

"Probie, I am not going to 'spy'. I'm just going to make sure that everything will be okay. Anyways, I'll be stealth, silent, sneaky. She won't even know I'm there." Bragged Tony as he gathered his jacket and company issued backpack.

McGee mumbled to himself, "He'll get caught. And then Kate will kill him."

Tony, having heard McGee, arrogantly replied, "I won't get caught Probie! I'm a professional."

5:30 - Coffee Shop:

Kate walked into the coffee shop to find Andrew already seated waiting with two coffee cups.

Pleased that the shop was nearly empty with only a few scattered tables occupied, Kate observed him for a moment, trying to figure what it is about him that made her wary. Andrew was good looking enough. He was same height as Tony but more blondish with a slimmer build – more Anglo instead of the Italian looking. So it couldn't be his looks.

He hasn't actually done anything wrong. It's just that he tried too hard on their dates. He was charming, said all the right things and complimented her enough. And he crowded her. Always touching her – light touches that shouldn't really disturb her but they kind of felt possessive.

Shaking away her wariness, Kate approached the table with an attempt at a friendly but reserved smile. "Hello Andrew. Thanks for meeting me here."

"Caitlin, I'm so glad to finally see you again," giving her a wide smile. Andrew stood up to seat Kate before seating himself again. "I'm pleased that you agreed to meet with me. I've missed you."

Three sentences and already Kate was feeling crowded in.

"Andrew, like I've said before, I just don't think this will work out between us. I would rather we remain friends."

"If that's what you want Caitlin but even friends can get together for dinner. I'd like the opportunity to try to change your mind. What we have between us can work."

Before Kate can reply, over Andrew's left shoulder she noticed a familiar brown leather jacket darting behind a column. Eyes narrowing suspiciously, Kate leaned over to the side to get a better view of the owner of the jacket. Andrew, not liking Kate's distraction, looked over his shoulder and from his angle can see a tall brown haired man wearing dark sunglasses peering at them from behind a column.

With a frown, Andrew asked, "A friend of yours?"

"Huh? Uh, no." Thinking she's imaging things, Kate shook her head to get back on topic. "Andrew, I'm flattered that you want to continue to see me but I would rather just remain acquaintances. I just don't feel that strongly for you."

From her peripheral vision, again Kate noticed 'brown jacket' moving and this time ducking behind a potted plant. Suspicions confirmed Kate turned back to Andrew. "Could you excuse me a moment? I just recognized a dead man." Kate grabbed her purse before standing up and walking purposefully away.

Tony, distracted by a couple of beautiful young ladies smiling at him from a nearby table, hadn't noticed that Kate left her table and was headed straight for him. After bestowing upon the ladies what he considers his best 'DiNozzo smile', he pushed the leaves of the plant aside to look back at Kate and her male friend, only to find Kate standing there in front of him, glaring at him.

"DiNozzo, you are a dead man."

Eyes widening, Tony cringed and mumbled, "McGee just had that same premonition earlier."

"Tony, what are you doing here?" Kate whispered angrily. "Are you crazy?"

Straightening from behind the plants, Tony waved casually at Andrew, trying to appear as though he wasn't just caught spying at them. "Kate, we were just worried about you."

"Worried, Tony, or nosy? And somehow I doubt McGee would even dare think of this idea."

"Okay, so I was worried about you." Having felt slightly uncomfortable expressing his concern, Tony looked back at Andrew and commented, "No wonder you dumped the guy. Typical FBI – cheap suit, tacky tie – a criminal can spot him a mile away."

"Tony, I'm warning you. Leave!" With that said, Kate stalked back to the table and a waiting Andrew.

Tony, dismissed by an irate Kate, turned to the two young ladies eyeing him a few moments before and made his way to them to introduce himself.

"Sorry about the interruption," Kate apologized as she took her seat again, placing her purse on her lap.

Andrew stared at Kate, eyes narrowed and demanded. "Who's that Kate? A new boyfriend?"

Kate, taken aback by the Andrew's harsh tone, replied with, "Just a friend".

Reaching for her coffee cup on the table, Andrew quickly reached out and grabbed Kate's left wrist, slightly twisting it, pulling Kate across the table. Surprised by the unexpected move and pain, Kate released a low moan.

"Don't lie to me Kate. I asked that you meet me here and you bring your boyfriend along?" Face slightly contorted with anger, Andrew leaned closer.

"Andrew, let go."

In reply, Andrew tightened his grip causing Kate more pain. "If this is your way of making me jealous Kate, there's no need. I already want you."

Voice lowered, Kate threatened, "Let go or I'll shoot you."

Looking down, Andrew finally realized that Kate has her gun pointed at his chest.

"And if she won't then I will."

Andrew glanced up and noticed the pissed off look on the man's face.

"Do as the lady tells you and let go, Sommers."

Before releasing Kate's wrist, Andrew gave it another painful squeeze. Standing up slowly, he smiled promisingly at Kate. "We'll discuss this later."

Kate rubbed her left wrist light to ease the pain and warned Andrew, "I doubt it. Don't call or come near again."

Tony watched, making sure that Andrew left the coffee shop and mumbled to Kate, "Well that was entertaining." Taking the chair that Andrew had just vacated, Tony sat down and asked Kate, unable to mask the concern in his voice, "Kate, are you okay?"

Kate didn't answer as she shook her head and tried to figure out what made Andrew so possessive after only a couple of dates.

Tony hesitantly reached over and softly, so softly that Kate could barely feel it, ran a couple of fingers on the bruise that was starting to form on Kate's pale skin.

Locking eyes with Tony for a brief second, Kate replied, "Yeah, I'm fine." Feeling a little flustered with the intensity of Tony's attention, Kate looked away said, "I've got to go. I'm meeting Abby for dinner and a movie."

Tony cleared his throat and withdrew his hand. "So I was right. I bet McGee that you didn't have a date this evening. Since I'll be twenty dollars richer, I think I'll join you and Abs." Tony wagged his eyebrows up and down. "What more can a man want - spending the evening with two very diverse and lovely ladies. It'll make me feel studly."

Ignoring the last comment, Kate asked threatening, "You and McGee are betting on my love life?"

"Or lack thereof. Listen, why don't you go run some cold water on your wrist. I'll call Abby and let her know that I'll be joining you two."

"DiNozzo, I do not need you to-"

"It's either that or I call Gibbs now."

Kate paused a moment and considered Tony's ultimatum. If Tony did call Gibbs, then they would wind up back at the office. Debating a night with Gibbs growling at everyone, grunting at his computer (or anything hi-tech) and skipping dinner in favor of a liquid diet of coffee or spending a couple of hours at the movie theater watching Antonio Banderas swinging his sword - figuratively and physically, really what choice did she have?

"Fine, I'll be right back." Kate replied.

Tony reached for his cell phone and called Abby. "Hey Abs."

"Hi Tony. What's up?"

"I'll be joining you and Kate tonight. She had a problem with lover-boy so I thought to play it safe, that I hang around tonight."

"Is Kate okay?"

"Yeah, fine. You still have that digital camera with you? Bring it along, would you?"

"No problem. I'll see you soon."

"Oh, by the way, what movie are we watching?"

"Before I tell you the title of the movie, I just want you to understand that this was not my idea. I picked the last movie so it's Kate's turn to pick."

Tony narrowed his eyes and asked apprehensively. "What movie Abby?"

"Tony, this was not my choice."

"What movie?" Tony demanded.

"The new Zorro."

"God! I knew it was too good to be true." Tony shook head. Just great. Instead of swinging his own sword tonight, he'd have to spend it watching another man swing his - figuratively and physically.

INTERVIEW – FBI BUILDING

At a knock at the door, one of the FBI agents opened the door to allow Director Thomas Morrow to enter.

McGee and DiNozzo stood erect at seeing it was Morrow. Respectfully, Gibbs and Fornell, said "Sir." Morrow nodded his head in acknowledgement and moved to stand between them, observing the opposite room". Morrow addressed Gibbs. "I can only stay a few minutes but I wanted to see how she's doing."

Gibbs replied, "She's holding up sir."

"She looks exhausted. Give her a few minutes to rest."

Fornell pressed a button and said a few words to the interviewer.

"Agent Todd, would you like to use the facilities?" asked the interviewer.

"No, I'd like to continue on." Kate replied as reached for the glass of water on the table to clear her dry throat. Exhausted - emotionally and physically - she knew she had to continue with the recounting. It was just so damned difficult to keep things in focus. She forced herself to remain still but the interviewer was irritating. He had a tendency to tap his fingers after taking notes.

Kate glanced at the mirror knowing that Gibbs would recall what happened next, not knowing that Morrow was also there and he too would recall the next morning.

TBC