A/N: I'm soo soo sorry for the delay in getting this chapter up, no excuse apart from RL has been crazy! So to those still with me on the journey, thank you! And to my recent followers/favourites, welcome!s
Now, we're onto the court hearing, I won't be going through all of it, merely highlighting a few key points throughout, got some fun stuff after the hearings.. so I don't want to delay too much in getting to it..
Here we go!
Tim was getting nervous, Tony still wasn't here! They were supposed to be heading into the courtroom in the next 15 minutes or so "where's Tony?" he asked Ziva & Abby.
"I do not…" Ziva had started to say, but then stopped, she'd seen Tony approach & her eyes widened. Tony was walking with such purpose, but he was also being flanked by 4 people, all were in some kind of military uniform & it just added to the way Tony's approach looked, she had to admit, it was very intimidating.
When they got a little closer, Tim recognised Michael Bond & Samuel Atkins were the pair to the right of Tony, with Michael right behind Tony, on Tony's left was an Air Force officer he didn't recognise & behind that man, was it Myles? He didn't recognise the uniform, but was going with some form of military school uniform. The entire quintet looked very foreboding as they walked down the hallway.
"Morning, I think you lot should head into the courtroom" Tony instructed his team "and leave a few rows free behind the front row for Gibbs's family & co to all sit in" he added, knowing Abby like he did, she'd probably go straight for the front to sit right with Gibbs, and he knew having his family, as well as the Taylor & Bond families would be far more supportive for the family, especially Shannon, Kelly & Phoenix.
Tim saw that Abby was about to protest, clearly Tony had read her mind "will do Tony" he remarked as he took her by the arm.
"Think it would be best if we headed into the courtroom" Tom Morrow remarked to those nearby, which included Jenny, Senator Patrick Kiley, Commandant Ellison and a few of their offsiders. He could see that Jenny was about to retort him & would have responded but was beaten to it.
"Agreed, best not to crowd Jethro & his family when they get here, we don't want to overwhelm them" Senator Kiley remarked, he was completely gobsmacked by it all, but didn't want to overwhelm them right before the hearing started.
Jenny wanted to remain in the hallway until Jethro & his family arrived, but when Commandant Ellison also nodded in agreement, she knew she'd not be able swing it, so she just nodded & headed in with the rest of the group, she noticed that Tim, Ziva & Abby were also heading into the courtroom, but Tony, Lt Bond & his party were hanging back.
Ellison followed the group, he really didn't know what to think about it all, but he saw a few junior officers & recognised the names "Lt's Bond & Atkins, when today's session is over I would like a word with you both"
"Yes sir!" Lt Bond & Lt Atkins responded coming to attention for the Commandant.
Gibbs took a deep breath as he got out of the car, this was going to be challenging for them all! Maybe something to look forward to "what do we want to do for dinner?"
"Can we have tuna pie again?" Nix asked.
Gibbs smiled "Sure, but this time, we use some yams (sweet potato) in it"
Kelly didn't like that idea "ahhh…. why? that just ruins it!"
"it doesn't ruin it, and it's healthier" Gibbs responded.
Shannon gave her husband an odd look "I've never known you to put yams into the dish, I think I'm with the kids on this one, we aren't using yams in the tuna pie, normal potatoes will do fine."
Gibbs looked at his wife in surprise, he thought she'd be the one to want the 'healthier' choice "ok" he conceded easily enough "so what about tuna pie & a movie?"
"Bowling?" Nix asked, he really wanted to go!
Gibbs shared a look with his wife, he wasn't sure that was appropriate, after all, it was a Tuesday, and all week they'd be in court "bud, why don't we go bowling on Friday night, that way, everyone can come & we can all relax & get in some decent game time"
"I think that's a great idea, dinner & bowling on Friday night, as a way to let some tension out" Shannon agreed.
"Ok" Nix sighed.
Gibbs ran his hands through his son's hair, "you can pick the movie tonight bud, how's that?"
"It's my turn anyway" Nix retorted "unless you want to give me your turn & then I'll get tonight & tomorrow?" he finished a grin up to his dad.
"We'll see" Gibbs responded, he wasn't sure he was willing to allow his turn to go, but then again, all the movies his family had chosen thus far he'd not seen yet & had enjoyed them, or did he enjoy them because he was with his family? He'd think on that.
Tony had seen almost everyone head into the courtroom, but he was waiting, he wanted to be the one heading in with his boss, ok so the Bond boys were waiting too, but for a different reason he was sure. He saw the family approach, he waited until they were within a good distance "Morning boss, Mrs Gibbs"
"DiNozzo" Gibbs greeted "everyone here?"
"Good morning Anthony" Shannon smiled.
"Yes boss, everyone's inside already" Tony confirmed.
Mike had waited until Tony finished speaking before start "Morning Mrs G,. Ah sir, I'd like to introduce you to my older brother, Lt Marcus Bond. Marcus, this is Kelly & Phoenix's father, NCIS Supervisory Special Agent Leroy Jethro Gibbs."
"It's an honour to meet you sir" Marcus greeted extending his hand, he'd only gotten into DC that morning, and was aghast at what he'd heard, to say the least!
"Marcus" Gibbs greeted, he'd had to do a double take, again!, these Bond boys all looked alike, if it wasn't for the different uniforms, they could almost be twins!
Shannon smiled "it's lovely to see you again Marcus" she greeted as she moved forward to give him a quick hug.
"Wonderful to see you too Mrs G" Marcus responded as they came out of the hug "I don't know what to say"
"Nothing needs saying, so don't worry, we'll get through this" Shannon remarked, she saw the smile she got in return. She turned & greeted the other pair "Good morning Myles, Samuel."
Tony watched as the Gibbs family all said hello to the various boys, but he caught his boss's eyes & saw something he wasn't sure what it was.
Gibbs allowed a few minutes for everyone to say hi, but they had to move "let's go in" he voiced as he took his wife's hand into his "come on." He started to walk his family into the courtroom, he saw though that Tony allowing the others to go straight with them & was holding back, what was he doing? "DiNozzo!"
Tony had wanted to allow the Bond boys to walk with the family, figuring they'd want the support, but at Gibbs' call, there was only one thing he could do "on your six boss!"
Michael was ready for opening remarks, something told him though that the opposition wasn't going to not try something first though.
"Your honour if it pleases the court, I'd like to file for dismissal of all charges and save the court both the time & energy of the hearing" Sam Wilson remarked as he stood.
Michael heard shocked calls from the gallery, he shared a knowing look with his wife though, here it came, and he knew it would come from the one lawyer with any clout.
"Quiet in the courtroom!" Judge Jones called as he banged his gavel, before looking at the lawyer "on what grounds?"
"Your honour, the defendant in this case, one Leroy Jethro Gibbs, not only took part in case but had seconded his friends and very own team that he was in charge of to handle it all, that is a clear conflict of interest" Wilson answered.
Michael stood up "Your honour the defendant in question, NCIS Supervisory Special Agent Leroy Jethro Gibbs is a Federal Agent and the case involved the abduction of his family amongst other things. Of course he'd be involved, and of course it would involve other agents that he knew. However, as soon as his family's safety had been seen to and the situation resolved he was no longer involved in the case. He took no part in the case reporting, nor any interviews. The man used the time to spend with his family after being separated from them for the last 14 years! And as for his bringing in his friends, he's a Federal Agent, the head of NCIS's Major Case Response Team, their premier investigative team, and he's second in charge of NCIS's DC office, of course he'd know the other Federal Agents involved in case. But I'll restate that he was not involved in ANY aspects of the case once it was resolved, he has not seen any of the reports and he was not privy to any of the interviews."
"Your honour…" Wilson tried.
Judge Jones held up his hands to quiet both of the lawyers, he didn't want this going on.
Gibbs had shared a look with his wife, Michael had been right! The case hadn't even started yet & they wanted it thrown out.. now he realised that he owed the man for saving the day!
"Thank you counsel's I've heard enough, whilst I agree that it might be close to the line with the defendant being involved, it is one that is understandable given the man's position. Request for dismal denied." Judge Jones declared.
Ted had been in plenty of court hearings, but none of them came close to the tense feeling he was currently feeling. It had already taken 2 hours for opening remarks, as not only did Michael speak, but all 4 lawyers for the accused had spoken, each apparently wanting to speak for their clients. Michael had gone through everything that MacDonald had done, with the knowing help of the vast majority of the men that are being prosecuted, along with the recent incidents in Portsmouth, Fredericksburg, and Stillwater. The lawyers for the accused, tried to explain that their clients were merely the employees of MacDonald & should not be held accountable.
Ted took a look at the other bench, there were numerous men being prosecuted: Dion Bardon (Cook), Jeff Ainsworth (Driver), Steven Montaro (Gardener), Phil Acron (Security), Drew Johnson (Security), Michael Barret (Security), Greg Olsen (Security) but it was Jethro Lancert that they'd found no connection to MacDonald for, he wasn't staff, merely a friend of one the deceased men, one Loch Lancert. It was this last man, Jethro Lancert that had the one lawyer of any substance, Sam Wilson, he was really wondering whom he was!
"Call your first witness" Judge Jones directed the Barnes'
Michael rose "we call NCIS Senior Field Agent Anthony DiNozzo Junior to the stand your honour" he knew the other side would think they'd call Shannon first, but they had a different strategy.
Tony rose purposely from his seat, which was right behind Gibbs at the man's insistence, he walked with purpose to the stand & took the oath before sitting down.
"Thank you for coming today Agent DiNozzo" Michael greeted "could I please ask you to confirm your position at NCIS?"
"Happy to be here, I am the Senior Field Agent of the Major Case Response Team for the Naval Criminal Investigative Service" Tony responded.
"And how long have you been in that position?" Michael asked.
"5 years & 5 months as the Senior Field Agent" Tony answered.
"Before you were the Senior Field Agent of the MCRT you were on the team for 8 months, in which time you were the Probationary Agent for 3 months & Junior Agent for 4 months, and prior to your arrival at NCIS you were a Police Detective with Baltimore & Philadelphia amongst other forces for 6 years, does that sound right?" Michael asked.
"Yes, that's correct" Tony confirmed.
"So you've been with NCIS for 6 years, the bulk of which has been as the 2nd in command of NCIS's lead investigative team, and you rose to detective within 3 years of being of getting out of the Police academy, is that correct?" Michael queried.
Tim shared a surprised look with Ziva, he hadn't known Tony had risen through the Police nor NCIS ranks so quickly, they were both a little surprised at the news!
"Objection your honour, relevance?" Wilson objected.
"Your honour, I am merely establishing the credentials of one of the main Agents involved in the case given the other sides concern about the defendant being involved" Michael responded, though he kept the smirk from showing.
Judge Jones held up his hand "objection overruled, please proceed council, but let's get to the case quickly please."
"Of course your honour" Michael responded before nodding at Tony to respond to the question.
Tony took a breath "What you've said sounds correct" he answered as he looked at Gibbs & saw a smile, it was small, but he was smiling as though he was proud of his achievements.
"Am I correct in understanding that you've often taken lead on cases when SSA Gibbs was unavailable? Stepping up if you will into the lead Agent role to ensure the case was handled correctly?" Michael asked.
"That's correct" Tony confirmed "if SSA Gibbs is otherwise occupied I take lead on ensuring the case we've been assigned continues and gets solved."
"In fact, you had taken over leading a case when the situation with SSA Gibbs' family arose, were you not?" Michael asked.
"That's correct, SSA Gibbs had been injured & I took charge of the case we had been assigned when the situation with SSA Gibbs' family came to light" Tony answered. He just hoped the other side wouldn't delve too much into that case as they basically left & went AWOL, though he knew Michael would handle it if it did.
"Please tell us what happened when SSA Gibbs first called you" Michael requested as quickly as he could to not give the other side time to object about the case, he didn't think they knew anything about it, but just in case.
"I was called by SSA Gibbs & Liaison Officer David about a situation where we had head to Fredericksburg straight away to watch over a young boy. From the conversation I knew it was serious and that the young boy needed to be under protection extremely quickly" Tony answered.
"Did SSA Gibbs explain to you the reason behind the situation or who the boy was?" Michael asked.
"Not at that time, no. SSA Gibbs just made it clear that there was a high level problem & that the young boy was in immediate danger" Tony answered.
"So without really knowing anything you took yourself & Junior Agent McGee down to Fredericksburg? You didn't ask or try to find out all the details before you went?" Michael asked.
"I've come to trust SSA Gibbs and I know if says there's a situation, then there's a situation that needs my immediate attention & I act on it, so yes, we headed down to Fredericksburg without the full details." Tony responded.
"And were you given any specific instructions for when you got there?" Michael asked.
"Yes, we were watch over the boy, not let anyone near him, let alone take him & I was to personally watch him until SSA Gibbs arrived on scene" Tony answered, he again looked at Gibbs & saw nothing but pride, it was strange sight to see from a man who rarely showed it.
"And what did you discover when you arrived at the campsite?" Michael prodded.
"An entire boy's school year were on camp, we met up with a Mr Terry Stephens & Mr John Dayle & they advised us that a young girl, they boy's sister in fact, had already given them a heads up & they had sequestered the boy, Phoenix into their own cabin, with the rest of the year separate on the other side of the building" Tony answered.
"And you still had no clue as to why SSA Gibbs had summoned you there?" Michael queried.
"Not as such no, Mr Stephens eluded to the fact that children's step-grandfather was potentially on his way & wasn't the best sort. I got the feeling that this step-grandfather was the cause for concern, and that the teachers knew enough to warrant concern if he was indeed on his way" Tony answered.
"Tell us what transpired between your arrival & SSA Gibbs' arrival please" Michael asked.
Tony took a breath before beginning "We secured the campsite for not just Phoenix's safety, but the entire school group, both Mr Stephen's & Mr Dayle are former military, so they assisted us in this. For a while it was all quiet, then about 90mins later just as dawn was coming in we heard gunfire come from the direction of the parking area. After a few moments I could tell that it sounded like two parties shooting at one another. I knew that we had to investigate but also keep Phoenix protected, so Agent McGee went to investigate the gunfire whilst John Dayle went to guard the rooms where the other boys were situated, leaving Terry Stephen's & myself guarding Phoenix & the entry to the campsite. It took a bit of time but we soon heard the gunfire stop, about 15 minutes later Agent McGee, Officer David & the boy's sister – Kelly, entered the campsite. She promptly went into the cabin where Phoenix was & we maintained a secure perimeter."
"SSA Gibbs was not present?" Michael interrupted.
"Not that I could see" Tony answered.
"Did you find that strange?" Michael asked.
"Yes, I thought it a bit strange given his insistence of protecting the child, but Officer David assured me that he wasn't far away." Tony answered, he saw Michael motion him to continue.
"The siblings were in the cabin for a short time before the pair came up, they'd obviously been discussing something important & emotional, as they'd both been crying. I heard Phoenix exclaim about getting his mother, and then Kelly reassuring him that their dad would make sure of it. I saw him then grow hesitant & ask where he was, Kelly asked if he was ready & assured the boy that their father loved him, before pointing in the direction that she'd just come from. It took only moments, but SSA Gibbs appeared & started walking towards them fairly quickly. After only a moment or two of watching him head towards us Phoenix yelled "Dad!" at him and started running towards him, the pair then embraced, and within moments Kelly had joined the pair on the ground as they hugged each other." Tony recounted, he kept his eyes firmly on Michael, knowing if he looked anywhere else he'd be greeted with teary eyes.
Shannon had of course heard it all already, but hearing it so matter-of-factly, it was hard, she berated herself for letting it happen in the first place, she… got interrupted, a hand stroked her face & she turned. Her husband was looking at her, and she saw nothing but forgiveness & it helped her stem her thoughts, she took a deep breath, smiled & nodded at him before turning her attention back towards Tony.
"Did that surprise you?" Michael asked.
"To say the least, I was shocked." Tony admitted "I never knew SSA Gibbs had a family of any kind, so yes to see him with 2 children was surprising to say the least."
"And what happened once SSA Gibbs came out of his embrace with his children?" Michael asked.
"He introduced myself, Agent McGee & Officer David to his children, we were then told that his step-father had actually kidnapped his wife & children & taken them to Houston, having faked SSA Gibbs' death to them & visa-a-versa." Tony responded.
"And how did that make you feel?" Michael asked.
"Outraged, SSA Gibbs, my boss, is the best man, best person I know. He's done so much for me, and he'd do anything for anyone, and to hear what happened had angered me greatly. I was instantly ready to do whatever was necessary to get his family back together & see the perpetrators brought to justice." Tony commented. He again looked to Gibbs to convey his feelings and saw a similar feeling on his face, the pair shared a look of understanding in that moment, and sent Tony's heart soaring, Gibbs really did appreciate him.
Jack was getting a crash course in what had transpired & they'd only heard from Tony! And it was again breaking his heart. The young man though was doing well in fielding the questions from the defence team, he could see that his son though looked tense, he figured he'd be tense up until Shannon had finished her testimony at least!
Ziva had to admit Tony was doing well answering the questions, some of them though were really silly!
"Agent DiNozzo, did you see my clients – Dion Bardon & Jeff Ainsworth – commit any crimes?" Mason asked.
"Not directly no, but they were picked up by various NCIS & Police teams in the course of our investigation for being part of the group that were trying to track down Mrs Gibbs" Tony answered the lawyer, this 4 lawyer business was a real pain in the butt!
"But for all you know the pair could have been out looking for her because they were worried about her safety? Isn't that right?" Mason enquired.
"It's possible, but highly unlikely." Tony answered & continued "the pair knew that MacDonald had faked her death to her children, and went along with it, the pair had driven the children to airport when they moved to DC, and from what I believe did nothing to help them in the situation."
"If MacDonald was bad as you claim, does it not stand to reason that they'd have been intimidated by the man to do his bidding?" Mason pressed.
"Even if they were, it does not change the fact that the pair took part in the coverup of Mrs Gibbs supposed death, that they knew that SSA Gibbs was alive & attempted to assist the man in bringing her back to the place in Houston. They were participants in the crimes" Tony responded, he wasn't going to give an inch, not to any of them!
"Just a few more questions Agent DiNozzo, if you're supposedly the second in charge of NCIS's premier team, does it not stand to reason that your actions & decisions should be above reproach?" Wilson enquired.
Michael had a feeling where this was going & was ready to jump..
"I always strive to ensure my actions & any decisions I make are sound & just" Tony answered, where was this going?
"Then how can you uplift yourself & your team mid-investigation to go deal with the situation you didn't know the details of, which were conveyed to you by a man, who'd only recently come out a coma so potentially not of sound mind, and not even give your supervisor, the NCIS Director a 'by your leave'?... you did take off mid investigation to go down Fredericksburg without notifying her as such did you not?" Wilson asked approaching the bench.
"Objection your honour, this hearing is about the case involving SSA Gibbs, nothing else. Furthermore, the case in question had been wrapping up & Director was already on board with the status of the investigation. Furthermore the case is in fact classified so we are unable to discuss anything to do with it in this forum." Michael instantly remarked, damn it!
Tony did his best to not react to the question, but damn it! The lawyer found out!
"Your honour, I do not mean to discuss the actual case, merely Agent DiNozzo's actions in moving from the case to this one. It talks about the character of Agent DiNozzo" Wilson responded
Judge Jones held up his hand to quiet them down "as long as no particulars of the case are mentioned, we can speak of general actions, objection sustained"
Michael let out a breath, he just looked at Tony, they'd spoken about this possibility, it was now down to Tony.
Jenn's eyes widened, she really hoped Tony had a good response to this! Because he'd done exactly what the lawyer had said.. and that wouldn't look good for him, nor the agency, she got a little upset with man yet again.
Tony took a deep breath "yes, SSA Gibbs did call me whilst we were in the middle of another case, a highly classified case to request the team's assistance, and yes, he'd just recently gotten out of a short term coma, so there was potential there that he wasn't thinking clearly. However when he called me he wasn't alone, Officer David was with him, and I have full confidence that if the issue had not been one that was legitimate she would have said something to me. And as for leaving mid-case, yes we were dealing with another case when SSA Gibbs called, however the Director was part of the team managing the investigation & at the time we departed she had all the pertinent information that we'd had. Furthermore, there are times that being Senior Federal Agents we have to act on instinct & make decisions and deal with potential fallout at a later time. The case involving SSA Gibbs' family was time sensitive & required immediate action, the Director was in the midst of a case related need-to-know meeting with all the information that we had up until that point in time, so there was no update required. I wasn't going to wait for an unknown amount of time for her to depart that meeting before leaving for Fredericksburg. If the Director wished to reprimand me for my actions she'd had done it on my return & that did not happen, therefore it is reasonable to assume that my actions were that of a seasoned Senior Federal Agent that made a decision that was understandable from my superiors point of view."
Gibbs smirked, he knew Tony could talk the ear off of anyone, he knew Tony could talk in circles without actually denying what was being put forward, but this time, this was a great response. Every word he'd spoken had been true, had been cold hard fact, he'd not denied what he was accused of, simply stated facts around the situation, and his response also made sure Jenn couldn't bring anything against him, not that he'd allow that to happen, but it added fuel. He was proud of Tony's response to this question and all of them for that matter, he considered something, he was simply proud of Tony full stop!
A/N: Well... that's Tony done! but how will Shannon go? And then there's the 'mystery' witness too..
Hope I've still got some of you with me, and review away so I know you're still with & what you've like to see, whether it's in the courtroom or as a 'fun' activity that everyone can do.
I'll be updating Discovering Kin next, but will definitley be back to this one soon..