Re Member
Harmon Rabb had never seen anything like Gibbs' investigative team in his life. When he arrived back in the bullpen the next morning Harm had to rub his eyes at the scene that greeted him. Ziva was lying on the floor sleeping, McGee rested his head on his desk and Gibbs was sitting back in the chair. The whole team was asleep at work.
"Unbelievable," Harm commented as he sat at the only spare desk available. Anthony DiNozzo JR was an interesting person that was for sure. The young man had moved about from job to job each 18-24 months until he'd come to NCIS and he's been with them for over six years. There were several disciplinarian issues with every other place he worked with. However that seemed to stop when he entered this workplace.
"If you can call it that," Harm looked around again.
Due to an injury he wasn't able to play professional sports and then nothing from there. There was no mention of his parents or anything in these files. The senior field agent seemed to be a very complex man.
Interrogation Room
Harm really thought that the safest thing to do was drive himself around. He'd been in contact with JAG to contact Bud and see if he can pull anything up about the Agent's parents and was now waiting for the call back.
"Captain Harmon Rabb Junior?" Tony asked remembering the somewhat large name that was given to him. He shrugged his shoulders.
"Let's cut straight down to business shall we?" Harm said. "Now the prosecution's going to try you with providing material to a terrorist organization," he told him straight. "You told me your name yesterday… How did you know your name?" He asked.
"I didn't when I woke up at the hospital," Tony answered. "But when I found out Gibbs' address and his number, it was him who told me my name was DiNozzo, and then this…" Tony searched his memory or lack of it. "There was this guy who was a doctor, Ducky I think it was told me first name is Anthony and everyone else called me Tony," Tony said.
"How'd you find Agent Gibbs' number and address," Harm responded.
"I had his address in my jacket pocket… I don't know why, as for his phone number, it was written in a little book by the phone so I called it in hope that it'd help me and it did," Tony answered.
"Good. Are you being treated alright here?" Harm asked.
Tony nodded just as the door swung open.
Gibbs was absolutely livid at Harmon Rabb, not only had he was with Tony without him, but he also had some guy over in JAG digging deeper into the files of Tony, looking for something that wasn't in the normal file.
"Captain Rabb," Gibbs said.
"Agent Gibbs," Harm replied. "What is it?"
"I was going to be present while you talked with DiNozzo," Gibbs said.
Harm stood up and looked at him, "Really… I thought you were more interested in sleeping at your post," He said.
Gibbs and Harm stepped outside of the room and into the hall. "I really hope you're not questioning my commitment to my team," Gibbs warned Harm. "If you want something on one of my team, you ask for it!" Gibbs yelled. "Don't go around asking your little underlings to stick their noses in," Gibbs said.
"What about his parents then? When it'll come to the punch, they can be brought in as character witnesses or something," Harm replied, quite taken aback by the show of anger.
Gibbs face visibly darkened at the mention of parents. "I want to help you, I want to help him, I really do Agent Gibbs," Harm said. "But I can't do that if you're not willing to help me. Since your agent is unable to assist me and you're unwilling to assist me there's nothing I can do except hand feed him to the prosecution."
Gibbs' eyes narrowed. "You want details on his parents? On his Father? The man abused him emotionally and physically that had scarred him deeply," Gibbs said without raising his voice. "You put him on the stand and it'll destroy him. Their relationship is that bad."
Harm thought hard for a moment. If they didn't bring the parents to the stand, that'd mean the prosecution would more than likely do so. He would if he was them. "We'll have to stop that from happening then. Now is there anything else that I should know," Harm said forcefully.
"Unless you count an unprofessional attitude at work at times," Gibbs said. "He use to change jobs every couple of years, I can't afford to guess at that," Gibbs explained as he wondered about that a lot. "But he was always willing to put his life on the line to protect his friends from danger. Now tell me that's the actions of someone that'll betray everything," Gibbs said.
"You don't have to convince me," Harm told him. "I have to convince the others," that was something that was going to be difficult to do since his client was unable to remember anything.
Harm sat at the table alongside Tony and had the prosecution set up on the other side. It was a male and female team. Harm was surprised that there was basically unheard of lawyers taking over the prosecution. Richard and Denise looked as if they were fresh out of law school but Harm knew that looks were often deceiving.
Their preliminary talks lasted only shortly as there was no deal that anyone was willing to accept so there was no choice but to front up for court.
"You think I have any chance?" Tony asked solemnly. Things did look bleak, that was the only thing he was certain of.
"Things aren't easy, but there's one thing, the punishment would be severe if you knew what you were doing," Harm straightened the folders on his desk. Perhaps the kid having amnesia could work in their favor. "There is no question that you handed the files to a terrorist group Agent DiNozzo but the question is culpability. You can't be very culpable if you can't remember anything right?" Harm said.
"I guess," Tony replied a little shakily. It may have been right, he just didn't know anything right now. All he could do was stick his trust in the people that were claiming to be trying to help him.
A dirt road somewhere
Ziva and McGee donned their gloves as they searched through the vehicle for any clues. It was the same vehicle that was spotted near the NCIS building the day Tony handed over the files.
McGee dusted the steering wheel for fingerprints as Ziva did the same on the outside and the passenger's side. It was something that was the usual thing to do. Whoever had used this van had definitely done a thorough job at cleaning up their traces in it.
"Perhaps we should get the van back to NCIS so we can examine it more, yes?" Ziva asked.
"Sorry?" McGee asked back after cursing himself for letting his mind wonder the way it did.
"We should get the van towed back to NCIS," Ziva said. "We can get it better examination there," she explained.
"Good idea," McGee agreed. That was the only thing you to do. Examining it out in the field could only take you so far.
"Are you alright Tim?" Ziva asked him. "You look a little distant," she observed.
McGee had finished calling for the van to get towed as they sat on the bonnet of their own car. "Just thinking about Tony," McGee said sighing.
"I am sure he has not been by your side every step of the way," Ziva responded. She missed his antics as well since he made work far more enjoyable. "He has taken holidays before, been sick before no?" She asked.
"Yeah, but he was around… He was Tony," McGee answered. "But now, he's around but he's not Tony at all," he said. That was for sure, Tony wasn't Tony if he couldn't even remember himself.
"He will recover," Ziva said. "Tony always does," she mused. Tony always had the knack for bouncing back from anything.
"You're right," McGee responded positively, sliding to his feet. "I wish we could do more," he said.
"We are doing it, yes?" Ziva said. "We find this FATO group and clear Tony of any wrong doing," she continued.
"But what if we," McGee said before he was interrupted by a headslap. "Ow, hey," he rubbed the back of his head.
"Do not think bad thoughts Tim," Ziva responded adamantly. That was something she would not allow. She wanted all the thoughts to remain positive even if things did look bleak.
NCIS Garage facility
Abby scraped some of the muck off the tires and placed them in separate evidence jars. McGee and Ziva were dusting anywhere that fingerprints could possibly get. That was when he found a partial print of what looked like a thumb underneath the trunk. It didn't look like much but it was a start.
"I found something," McGee exclaimed as he showed Ziva how the print could easily have been missed in the cleanup.
"Good work Tim," Ziva said. She found herself accidentally falling into the role of Gibbs since Tony and Gibbs weren't there.
"That's my line," Gibbs strolled in as he drunk from the fresh smelling cup of coffee. "Have you anything concrete?" He asked with the hint of impatience.
"Not yet Boss. I have found a partial print, Abby is taking some dirt samples to her lab and we're still looking over the van," McGee answered. "Whoever had this van sure did a great job at covering their tracks," he continued.
Gibbs walked around and slapped Ziva at the back of the head. "That's for saying good work too soon," he explained the reason for it.
"Yes Boss," Ziva said.
Court hearing:
Harm hated when things were rushed through the courts and the FBI really seemed hell bent on hanging Tony and had managed to rush the pretrial date. The action made him real nervous.
"Your honor," Harm stood up as he addressed the court. Of course this wasn't the start of the trial. "I'd like the motion to have Anthony DiNozzo released into the custody of Leroy Jethro Gibbs," Harm said.
"The charge is too serious your honor," Richard retorted. "Providing material to a terrorist organization is too serious," he said. That was something Harm had expected actually he had counted on that very argument. "And he is a flight risk," Richard continued.
"Your honor, my client has amnesia," Harm responded. "He won't be able to go anywhere. Agent Leroy Jethro Gibbs of NCIS is a decorated and well respected member of the community."
"Come on your Honor," Richard rejected what Harm had said. "Leroy Jethro Gibbs maybe an upstanding member," he said. "He has a very close personal relationship with Anthony DiNozzo."
"All the more reason to release him into HIS custody," Harm said. "He'd make sure that Anthony DiNozzo will turn up in court," he said.
"Is Leroy Gibbs here today?" The judge asked as she scanned the courtroom.
"Yes Ma'am," Gibbs stood up. He was looking over the proceedings and only knew Harmon Rabb in the courtroom by his reputation but was now convinced that he had made the right move in bringing Harm in.
"Are you ok with this? If anything goes wrong, like if he does a runner, you'd be held accountable for his actions," The judge said making sure if her decision sways that way, Gibbs understands that he'd be held responsible and pay the consequences.
"Yes Ma'am," Gibbs answered. He already had assumed that, but knew that that wouldn't be the case. "I understand the repercussions of such an action and I take full responsibility over him," he told her.
"I will deliberate and come back to you with my decision," The judge said before leaving the courtroom.
Harm stood near Gibbs and began to talk. "I don't like this Agent Gibbs," Harm made sure the others were out of earshot.
"I think it's going well," Gibbs observed.
"Too well," Harm said suspiciously. "It's as if the other is holding back something," he said.
Gibbs shook his head. "Are you thinking that they're withholding something?" Gibbs asked.
"I don't know," Harm said. "But something about this whole set up just feels wrong," he said quietly as he leaned down to Gibbs' face. "I have a weird feeling. A gut feeling," he said.
Gibbs understood about gut feelings alright and understood the need to listen to them. Though Gibbs hadn't had too much experience in the courtroom except when it came to getting divorced. If something was unsettling Harm, that sure as hell had to be taken seriously.
A/N: Sorry about the long wait for an update with this story.