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CHAPTER 4:

FLASHBACK

Wednesday Morning 7:40am – Bull Pen

As Kate walked towards her desk, she was surprised to see Tony and McGee in. Usually at this time of the morning, Gibbs had already inhaled his third cup of coffee while she, McGee and Tony were scrambling to come in before eight o'clock.

"Morning Tony, McGee."

Head popping up, Tony stood up. "Kate. Ah, I gotta get something from somewhere."

"I'll go help him." McGee mumbled as he bolted after Tony.

Kate shook her head as she wondered what had gotten into them. As soon as she had just settled herself at her desk, Gibbs approached and asked with a lift of his eyebrow, "Is there anything you want to report Agent Todd?"

Kate's eyes narrowed suspiciously. "You already know, don't you?" It came out as more of a statement rather than a question as she glared at Tony and McGee's retreating backs.

"Yeah, we'll be meeting with Morrow at 8:15 this morning."

"Gibbs, is this really necessary? I think that Andrew got the point yesterday."

"Regardless, we'll do this by the book. Harassment, especially between agencies, is serious. For now, head down to Ducky and have him look at your wrist."

"Gibbs-" Kate started to protest when Gibbs just stared stonily at her.

"Going, I'm going."

8:45am – Director Tom Morrow's Office:

Standing with his back to Agent Gibbs and Todd, Director Thomas Morrow had his eyes shut against the window view of the company parking lot. Complaints filed between federal agencies are a commonplace norm, but when it comes to a sexual harassment compliant, it gets messy - especially when it's dealing with one of Special Agent Jethro Gibbs' agent.

Morrow could practically feel the anger radiating from Gibbs on his agent's behalf. Surprising though as Agent Todd seems so calm compared to Gibbs' agitation. Better to ignore Gibbs for the moment.

Morrow turned back around and stared intently at Agent Todd. "Agent Todd, this is a serious accusation that's being made against an FBI agent. It's important that we get all the facts straight."

"Yes, sir."

"So, what happened after the coffee shop?"

"DiNozzo, Abby and I had dinner then watched a movie. Afterwards, they insisted that they take me home – this would have been about 10:30. When we got to my apartment, the message light on my answering machine was blinking. There were nine different calls that Sommers made but he only left four messages. Since my answering machine is digital, Abby forwarded the messages to her lab to transfer the voice mails to a disc."

Agent Todd quickly glanced at Gibbs and continued with, "I had turned off my cell phone since DiNozzo was with us. I figured that if Gibbs were to call us in for an emergency, he would contact DiNozzo and would know we were together. Tony suggested I check my voice mails on my cell and there were three more messages that Sommers left. Again, Abby forwarded those messages to her Lab."

"Here's the disc sir." Gibbs handed it to Morrow.

Morrow inserted the disc into his computer and adjusted the volume.

Gibbs explained, "Abby saved the voice messages in corresponding times between the apartment phone and the cell phone. She also included the hang-ups where Sommers didn't leave a message. She programmed it where it will announce the time and which phone was called."

As the first message began to play, Morrow nodded his head that he understood.

7:35 pm Land line: "Caitlin, I'm sorry about earlier, please call me. I hope I didn't hurt you."

7:48 pm Cell phone: "Caitlin, I left a message at your apartment, please call me. What happened earlier could have been avoided."

8:03 pm Land line: click

8:20 pm Cell phone: "Caitlin, I'm sure your upset, but we can work this out. Please call me."

8:31 pm Land line: "Where are you Caitlin? Still out with your boyfriend?"

8:46 pm Land line: click

9:01 pm Land line: hang up

9:12 pm Land line: "It's past nine Caitlin. Why aren't you home already?"

9:24 pm Land line: click

9:39 pm Cell phone: "Damn it! You bitch! You're still with him aren't you!

9:55 pm Land line: "I'm sorry Caitlin. I didn't mean what I said. You're perfect. Please call me."

10:11 pm Land line: click

Silence filled the room – each of them disturbed in their own way by the messages.

Morrow glanced at Agent Gibbs, who had gripped the arms of the chair tightly, eyes flashing furiously.

He turned his attention to Agent Todd, who in contrast was sitting erect, looking almost serene until he noticed her hands were nearly turning white from being tightly clasped together, the bruise on her wrist standing out starkly.

"Agent Todd, you're a profiler. Give us a profile of the calls Sommers made."

Agent Todd hesitated.

"Agent Todd, you are the most qualified of the three of us to understand Sommers – not just because of your personal involvement, which is limited, but also due to your training." Morrow firmly reminded her.

Agent Todd nodded and took a deep calming breath. "In the beginning he's remorseful of the injury caused. Later he passes the blame, implying that the incident was my fault. He's then sure that what he thinks of as our 'relationship' can be resolved. Becoming impatient that I'm either not taking his calls or still not at home, he becomes jealous and more upset thinking that I'm involved with someone else. Finally calming down, he calls back. Once again he's remorseful and apologetic."

"And whiny," added Gibbs. "Director, the bastard isn't going to leave her alone."

Agent Todd's head jerked towards to Gibbs, surprised by the vehemence it Gibbs' voice and reluctantly turned back to face Morrow.

Morrow was also surprised by the underlining violence tinting Gibbs' growled words. Eyes narrowed slightly, he wondered about the relationship between Gibbs and Todd but dismissed it as a supervisor concerned with a subordinate. "Okay. Agent Gibbs, you and Agent Todd are to file a report with the FBI ASAP." With a nod to Agent Todd, "you're dismissed."

Agent Todd thanked the Director for his time and walked out. "Jethro, this is going to cause a lot of problems between NCIS and FBI."

Gibbs stood up and walked towards the door. "We already have problems with them Director." As Gibbs grabbed the door knob, he looked back at the Morrow and growled. "But this is personal. One of their agents is harassing one of mine."

2:20 pm – Bull Pen

"Uh-oh" mumbled McGee warningly. Gibbs and Tony looked over to where McGee indicated at to see FBI Agent Tobias Fornell getting off the elevator. Fornell stomped towards Gibbs desk. "I want to speak with you Gibbs."

Gibbs nodded and grabbed a folder. "Elevator."

As they both entered the elevator, Gibbs flipped the switch for the elevator to stop, in the dim lighting he turned to Fornell and raised his eyebrow questioningly.

"FBI's I.A. just contacted me about a harassment report that was filed against one of my agents, Andrew Sommers."

"Wow, Internal Affairs really works fast when it's against one of their own."

"Are you sure, Jethro? From what I understand Agent Todd left the Secret Service because of an affair she was having with another agent."

"That was nearly two years ago, Tobias. What happened back then has nothing to do with now." Gibbs said warningly. "You saw the report?" Gibbs asked Fornell.

When Fornell acknowledged he had, Gibbs replied with "then you saw the pictures of Agent Todd's bruised wrist, you heard the disc with Sommers messages and I have another agent, DiNozzo, that had witnessed the scene at the coffee shop."

"Sommers is one of my best men. He's a good agent."

"Well your best man just got worst. I know Agent Todd. She didn't ask or want this."

Gibbs handed Fornell the folder he was carrying. "Here are a couple of harassment reports that was filed against Sommers over the past five years."

Gibbs flipped the switch and pressed a couple of buttons on the elevator panel. The elevator doors opened to reveal McGee and DiNozzo standing there, waiting. Gibbs stepped out and turned back to face Fornell.

Fornell reached out and placed a hand to hold the elevator doors open. "How did you get this?" Fornell demanded waving the folder.

"It's what I do. I'm an NCIS investigator, I investigate."

"The FBI should try it sometime. It helps solving cases," suggested Tony with a smug look on his face. McGee just gave Fornell a small smirk.

Fornell removed his hand from the elevator door. As the doors closes, McGee and DiNozzo, who were standing slightly behind on either side of Gibbs, raised their hand and gave a little 'bye-bye' wave to Fornell.

INTERVIEW – FBI BUILDING

While Kate paused to take another sip of water, Director Tom Morrow turned to Gibbs and said, "Call me again if you need anything."

He glanced over at Special Agents DiNozzo and McGee, then over at FBI Agent Fornell. "I'm going to meet with the FBI Director to discuss the earlier situation downstairs." He shook his head slightly and he mumbled, "I hope you all realize that the relationship between NCIS and the FBI will be strained for a while. It doesn't look good at all when two federal agencies aim their weapons at each other."

As the Director walked out, Gibbs shrugged at DiNozzo and McGee. "Could have been worst."

Fornell added, "At least shots weren't fired."

Kate cleared her throat, ready to continue.

The NCIS agents turned their attention back to the opposite room.

TBC