Chapter 3

Ziva and McGee stood behind Abby as she worked. "What can we do to help?" the Israeli asked.

"You can stay out of my way," Abby said, not trying to be mean.

"I can't believe Tony's being accused of another crime," McGee said.

"At least it's not murder," Ziva said, remembering that the last time the FBI came to investigate Tony it was one of her first cases and she hadn't quite gotten the hang of how NCIS did things.

Abby was retrieving the results on her computer when Fornell, Sacks and Gibbs entered. She preempted his question, "Gibbs! I'm not finished yet. I'm doing things by the book—" she looked slightly embarrassed, "—what I mean is I always do things by the book but with this, I'm being extra careful and making sure nothing gets overlooked."

"I wouldn't expect anything less from you, Abs."

The five waited patiently as she typed on her keyboard and pushed information to the two large plasma screens, "Here's the DNA of the evidence you brought me. According to your report, you found this hair at the scene of the crime, which happened to be the Hay-Adams Hotel in DC where the jewels were being secured. When I run the DNA off it against our database…" she paused to get the program started, "it won't take long—"

She was right, it didn't take three seconds before a match was made, and Anthony DiNozzo's official NCIS photo was displayed.

"How close a match?" Gibbs asked.

"Eighty-four percent."

"Why not a hundred?"

Abby explained, "There could be several reasons. A person's DNA changes over time and circumstances. Tony, whose had the plague and been exposed to radiation, his DNA would be different from when he first started working here."

Sacks said, "So, get a fresh DNA sample from him today."

Abby didn't take orders from random people so she looked to Gibbs for guidance. She got a slight tick of his head.

Fornell added, "My superiors don't care the level of the match, the fact of the matter is an eighty-four percent match is still too high to ignore."

"Maybe not," Gibbs said. His mind was turned into high gear and he was willing Abby to read it.

Her brain finally got to where his was and she smiled, "Maybe not, is right. Maybe this belongs to a family member. That better explains why it's only an eighty-percent match."

"Eighty-four, to be exact," Fornell replied, but he had already done his homework and answered, "Agent DiNozzo is an only child. His mother has long since passed and his father has never stayed at the Hay-Adams Hotel. And to my knowledge, he's never even been there. Anyway, Anthony DiNozzo, Sr. has an air tight alibi for the day the jewels were stolen."

There was an ominous silence as the noose closed tighter and tighter around Tony's neck. Ziva asked, "So if he did it, where are the jewels?"

Fornell had been waiting for that question and he deferred it to his underling, perhaps humbling him a little, but Sacks was too smart to admit they didn't know; instead he simply answered, "We have a warrant to search his apartment and NCIS.

Chapter 4

Tony leaned against the window sill, watching Sacks turn his desk inside out. He hadn't reached the anger stage because he was still too stunned at being accused of a jewel heist. "Hey, Slacks?" he yelled across the room. "How much am I being accused of stealing?"

The FBI agent chose to ignore the question, but Fornell and Gibbs were walking down the hallway towards him and Fornell answered, "2.5 million dollars in gold, diamonds and rare gems."

"Who'd they belong to?"

"The Prince of Bhutan."

Tony cocked his head, exasperated, "There are hundreds of princes in Bhutan."

"Does it really matter which one it is?" Fornell said. He turned to his agent and said, "We've finished our search of his apartment; are we done searching here?"

Begrudgingly, Sacks said, "Yeah, I'm done. Did they find anything at his place?" he asked, hopeful.

Fornell shook his head, and Tony pushed off the sill and said, "Of course they didn't find anything because there is nothing to find!"

Gibbs pulled Fornell aside and asked, "Now what?"

"We have to take him into custody. With this sort of crime, he's a flight risk."

"I'll take him home with me."

Fornell didn't care one way or the other, but listening to Sacks whine the entire way back to the office was not high on his agenda. "Okay, but I just have to do one thing first." He walked back over to the bullpen and, looking gloomy, he nodded to his agent.

Sacks smiled and reached in his pocket, mumbling, "With pleasure." He took out his cuffs and snapped one quickly around Tony's wrist. Pulling his other arm behind his back, he said, "We have to take you into custody, Agent DiNozzo."

"Wait a minute! You don't have anything but one test!"

"Yeah, but it's a good test," Sacks said, smiling and squeezing the bracelets too tight.

"Really? You call that a good test! It might put me on the team, but it doesn't single me out as the thief!"

Fornell pursed his lips and looked at his agent. "He's right, you know. You take him into custody and something turns up wrong with the one piece of evidence that we do have, and you know what they'll do to us."

Sacks hesitated, because he knew. The Bureau was on a quest to lower the number of wrongful detentions and he shuddered to think what would happen if they ended up being mistaken. But he wanted to take this SOB in so bad he could taste it.

Tony looked back over his shoulder and added, "And you know our forensics' scientist is down there right now trying to find holes in your theory, and if anyone can do it, she can. I wouldn't want to be you when that happens, Slacks!"

Ziva and McGee watched the standoff, wondering why Gibbs remained silent but maintained the smallest of smirks.

"He's a flight risk, Sir," Sacks argued. "He can tuck the jewels and run."

"Again, Slacks, really?" Tony countered. "A flight risk? If the theft occurred a week ago why am I still hanging around? If I had done it, I'd have been long gone by now."

Fornell turned slowly and looked at his counterpart. Acting like this was a new and original thought, he asked, "You take responsibility for him?"

Gibbs nodded.

Slacks took another thirty seconds before he unlocked the cuffs. Tony rubbed his wrists and glared down on the shorter agent. "Thanks for being so gentle."

"You'd make me a happy man if you did take off, DiNozzo. I'd have you on the FBI's Ten Most Wanted before nightfall."

Fornell and Gibbs held a short private conversation and then Tony watched his nemesis board the elevator and leave. Gibbs looked at Tony and said, "Sit. Clean up your desk. Ziva, get me the details of the heist. McGee, get me an inventory of what was stolen."

"On it."

TBC - Thanks for all the comments! It helps keep me going. Glad everyone is enjoying it so far. I particularly like writing this story and have a good idea where I want it to go.