Worst Nightmare
Chapter 2
Gibbs stood in the dimly lit, empty observation room, watching the group of people on the other side of the one-way mirror in Interrogation. The primary person of interest sat huddled in her chair, her knees drawn up so her feet were on the seat of the chair and her arms wrapped around her knees. Her face was hidden behind a curtain of hair.
On her left a young man, slightly older than the huddled figure, was speaking and gesticulating in an animated fashion to the third person in the room, a middle-aged woman with more than a hint of grey in her dark hair. She seemed to be listening but it was clear her focus was on the young woman seated between them.
The sound of a door opening drew Gibbs' attention away from the trio and to the two men that had just entered Observation.
"Bishop said we'd find you in here." Fornell offered Gibbs a sympathetic smile but Gibbs said nothing. Fornell raised the folder he held in his hand. "Got the test results back. We had to send them to an independent lab and put a rush on the order." He turned to Vance. "We'll send you the bill."
"You call 48 hours 'rush'?"
"Some of us have to work in real-world time, Gibbs." He opened the folder and drew out a sheet of paper which he then handed to Vance. "The perp's DNA from the SAE kit wasn't a match. McGee didn't rape that girl."
"You think I need a test to tell me that, Tobias?"
"No, but Metro does require proof," Vance replied. "As does I.A. and SecNav."
Before Gibbs could retort they heard the strident tones of Fornell's ring tone. He pulled his phone out of his pocket and answered.
"Fornell. What?" A look of disgust crossed his face. "How many? Damn it. OK, thank you. Let me know if any more pop up." He ended the call and turned to Vance. "They entered the perp's profile into CODIS and got back multiple hits."
"His name?"
"Not in the database. The profiles were all from forensic cases. Bastard's a serial rapist. Five so far, and who knows how many more there could be. You know how bad the backlog for rape kits is in most places."
Gibbs nodded, an angry expression on his face as he turned back towards Interrogation. "Need to talk to her, Leon."
"Not sure that's a good idea, Gibbs."
"She instigated the assault of a federal agent, and personally assaulted another. She's not walking out of here."
"And you're too close to this case. Let me handle it," Fornell offered but Gibbs shook his head.
"My agents. My case."
"With the potential to become a complete nightmare if it's not handled correctly," Vance added.
"Already a nightmare, Leon. Especially for McGee."
Vance sighed. "Tread lightly, Gibbs. At least have Fornell take the lead."
"Planned on it."
Both agents left Observation and headed for the room next door. Before they entered, Fornell turned to Gibbs.
"You already knew how you were going to play this, didn't you?"
"Yep."
"Feel like letting me in on the plan?"
"As Leon said, you take the lead."
"He also said 'tread lightly'."
Gibbs just rolled his eyes and opened the door, allowing Fornell to enter first. The young woman raised her head to stare at them, her eyes widening slightly in fear as Gibbs stepped into the room and closed the door. He leaned against the far wall and silently returned her gaze, his face expressionless.
"Anna Hayes?" He asked as he sat in the chair opposite the young woman and she nodded warily. "I'm Special Agent Tobias Fornell, FBI. You've been advised of your rights?" Before she could reply the young man jumped to his feet.
"She shouldn't have been arrested in the first place! My sister-"
"-assaulted one federal agent and attempted to shoot another."
"Who raped her!" The man seethed, not noticing the woman flinch at his statement. "There's no way-."
"Sit down, Robert," the older woman softly commanded. "Let's see what this gentleman has to say." Robert dropped back into his seat, glaring daggers at the woman as he did so. She ignored him and turned to Fornell. "Muriel Hodge. Anna's advocate...and lawyer, if need be."
Fornell nodded and turned his attention to the younger woman. "Ms. Hayes, do you understand why you are here?" She nodded. Fornell opened the folder and extracted a photograph which he placed in front of her. She glanced at it, flinched, and looked away. Fornell glanced at Gibbs, who still wore the same non-expression, before returning his attention to the interrogation.
"Two days ago you encountered this man and accused him of being the man who attacked you." She managed to meet his gaze and nodded. "And as a result of that accusation he was severely beaten by three men. He almost died as a result."
"Should have let them finish the job," Robert muttered, earning him a glare from Gibbs. Fornell ignored him and continued.
"I checked into the report you filed, and at the time of your assault, he was here, at NCIS, in full view of three other agents."
Robert huffed in disbelief. "You cops will always cover for each other. Doesn't mean a damn thing."
Again, Fornell ignored his outburst and continued. "I had Metro's lab send your sexual assault exam kit to a private lab for expedited processing. No one from my agency or NCIS had any part of the chain of custody. We got the results back." He pulled a sheet of paper from the folder and set in on the table next to the picture. "The DNA from the perpetrator was not a match to Special Agent McGee."
"Someone mixed up the samples," Robert declared, loudly. "My sister says he was the one who raped her, and-"
"Robert, would you please shut up!"
The room fell silent except for the sounds of Anna's harsh breathing as she glared at her brother, tears streaming down her face. After a few moments, Robert cleared his throat and began to speak in a much softer voice.
"Anna, I-"
"Just get out. Please."
Gibbs turned towards the mirror and nodded, and a few second later the door to Interrogation opened to reveal an NCIS agent.
"Come with me, sir."
Robert appeared to be ready to protest again but one look from his sister's advocate stopped him.
"I'm sorry…"
Anna buried her face in her hands and he sighed before silently following the agent out of the room. Once the door was closed Fornell turned to Gibbs, who nodded again and silently joined him at the table.
"How are you planning to proceed?"
"Are you speaking as her advocate or her lawyer, Ms. Hodge?"
"Both."
"Psychiatric assessment. Treatment as an inpatient based on the results of the evaluation. In exchange for her testimony, the charge for inciting the attack will be dropped. She'll still face the assault charge and unlawful weapon possession charge, but we'll recommend the minimum for those, with time served in a psychiatric care facility."
"Extenuating circumstances will be considered?"
"Yes."
"What does all of that mean?" Anna asked in a shaky voice.
"It means they want to help you," Muriel replied, her surprise clear.
"But why?"
"Because you were a victim," Gibbs replied. "And because right now you're the best chance we have for catching the bastard responsible. You also weren't his only victim, Anna."
"You mean...Agent McGee?"
"I mean the other women he has attacked. And he'll do it again if we don't stop him."
Anna sucked in a shaky breath and turned to the older woman, who returned her gaze and nodded.
"We'll want the plea bargain in writing."
"You'll have the paperwork by the end of the day," Fornell assured her.
"Alright. Answer their questions, Anna. I will stop this if I think you're causing undue harm to my client."
"Agreed." Fornell exchanged a look with Gibbs before leaving the room.
"Tell me what happened."
"I went out to a club with my friends. Tryptich. If you're under 21 they give you a hand stamp that doesn't wash off easily, so I wasn't drinking alcohol that night." She glanced up at Gibbs. "Not that I, uh…"
"You weren't drinking. Go on."
"I didn't take drinks from anyone except the bartender. I know better than that. I kept an eye on my drink at all times, just like you're supposed to do, but… It was probably close to midnight when I started to feel a little funny. I was dancing with this guy…" She glanced at McGee's picture. "He seemed really nice, very attentive." She laughed ruefully. "Probably too attentive, right? I told him I needed to get some air and he followed me outside." She paled visibly. "He convinced me to take a walk with him...I was so stupid…"
"Anna, what happened to you was not your fault. We've discussed this."
She turned to Muriel, who gave her an understanding smile. After a moment she took another deep breath and returned her attention to Gibbs.
"We walked a couple of blocks to the city park. It was...darker than I expected. I told him-he said his name was Patrick- I told him I wasn't comfortable there and I wanted to go back to the club. He said I needed to be ready for 'adventure'. I told him I didn't want that. I told him...and he…" Her voice cracked on the last word and she buried her face in her hands again.
Gibbs remained silent for several minutes, giving the young woman some time to pull herself together. He already knew the rest of the story, and it never failed to make his blood boil.
Finally he spoke to her in a gentle voice as he tapped the picture on the table.
"You indicated he looks like my agent. How are they different?"
"He, uh…" She forced herself to finally study the picture. "His eyes are set a little closer together. Hairline is a little lower. Cheekbones are a little more prominent. His upper lip is a little bit fuller." She looked up at Gibbs. "I can see the differences now, but when I saw… When I saw Agent McGee I really did think it was him, I swear!"
"Could you work with a sketch artist?"
"I did. When I reported the... It wasn't a very good likeness."
"We'll get someone better."
She raised her head to look at him. "Why do you want to help me?"
"Not too many years ago I had another young woman, just about your age, sitting here. Lots of circumstantial evidence that showed she was guilty of murder." He tapped McGee's picture. "Her brother convinced me to take a closer look, and we found that she had been drugged, and was almost a victim of rape." He shook his head. "Sometimes we do have to look beyond the surface, and I think because of that experience...he would want to help you, too."
"Even after what I did to him?" A tear slipped down her cheek. "Is he going to be OK?"
Gibbs was silent for a moment before replying. "They don't know yet."
"Oh, God…"
"The men that attacked your agent, what will happen to them?"
The expression on Gibbs's face made it very clear what he thought about those men.
"They're not getting a deal."
Muriel nodded. "Good. No one in my organization condones that sort of violence, I assure you."
Gibbs just nodded and rose from his seat. "I'll send in the sketch artist as as soon as possible." He left the room and returned to Observation where Vance and Fornell waited.
"That 'light' enough for you, Leon?"
"It'll do. Maxwell will be here in twenty minutes. Hopefully we can get something for a BOLO."
"We'll need all the tapes from the cameras around the club, too."
"Already requested by Metro. They'll have them sent over."
"I'll let you know if any more cases pop up in CODIS," Fornell added. He watched the two women for a moment. "How much time do you think she'll get?"
"Probably not long enough," Gibbs remarked, the 'to heal' remaining unspoken.
"I take you'll be wanting to question the three men next?" Vance asked.
"Uh-huh."
"Give me a couple of hours. And Gibbs?" He raised an eyebrow. "No need to tread lightly with them."
"Wasn't planning on it."
"Good."
XXX
After Maxwell finished his sketch and Gibbs had a BOLO sent out he returned to the bullpen. Both desks across from his own were empty, and Gibbs winced when he contemplated just how long one of the desk could remained unoccupied.
The only other resident of the bullpen looked up as he entered the area but said nothing as she watched him sit at his desk and start to go through the paperwork for the case. After a few minutes he sensed her standing in front of his desk but didn't look up as he spoke.
"Something on your mind, Bishop?"
"Have you heard anything...has Tony called? About Tim?"
"No change." Gibbs didn't want to admit how much it pained him to relay that McGee was still in a coma, a condition caused by a depressed skull fracture inflicted by one of his assailants.
"What about… What about the DNA tests? They cleared him, right?" Gibbs sent her a 'what do you think?' look and she blushed. "Sorry."
"Is there a reason you're not at your desk, working on the case?"
She remained silent and he looked up. She had her badge and ID in her hands, holding them out towards Gibbs.
"I screwed up. You don't need to say it. I know I screwed up. I didn't have McGee's back and...I froze, Gibbs. All of my training, everything I've read just went out the window and…It made it clear that I don't belong on your team."
Gibbs stood but made no move to take the items from her. "Yeah, you screwed up. It happens to all of us. It has happened to all of us. And if I didn't think you belonged on the team I never would have put you on it." He tilted his head towards her desk. "One more thing: like I told the last person to sit at that desk, the next time you hand me your badge you better be prepared to lose it. Is that clear?"
"Yes, sir...uh, Gibbs."
He stared at her until she returned her badge and ID to their proper places. "Moore, Travers, and Batavia are being brought to Interrogation-"
"Together? Doesn't that break...right. They're being brought to Interrogation."
"Stay with them and make sure they don't talk to each other until I get there. Then go relieve Tony and tell Abby we need her to go over the video footage from the night of Hayes' assault."
"You want me to go to the hospital where Tim is…?"
"Well, yeah, Bishop, unless you think you're going to find Tony and Abby somewhere else."
"Right, got it, so… I'll be in Interrogation." She scurried off and Gibbs sank into his chair as he rubbed a hand over his face and eyes that hadn't seen nearly enough sleep in the last 48 hours. After sitting in silence for a few minutes he turned to his notes and began to prepare for the next step in the case: making sure the men who had nearly killed his agent were going to pay.
TBC...