The second day of trial was almost as excoriating as the first. Today was the day they were calling Ziva David to the stand. Deanna dreaded this as well. She just hoped this trial was over soon.
"Ms. David. You have told us that you dated Special Agent DiNozzo. How long had you dated?" The prosecutor asked.
"A couple of years. We have a daughter together, Tali, who is almost three." Ziva answered.
Deanna ducked her head. He could have been with Ziva before her, but he probably still had contact because of Tali.
"Do you believe that Mrs. DiNozzo would kill her husband if she found out about you?"
"Yes to get the insurance money and screw me and his daughter out of it, absolutely!" Ziva said looking straight at Deanna. She looked behind Deanna and found Bull sitting behind her. It was like looking at Tony's ghost. It couldn't be? Ziva started to hyperventilate.
"Ms. David are you ok?" the judge asked.
"Yes, I think I just need some water." Ziva responded. Was Tony haunting her for trying to screw Deanna and the twins over?
"Here you go Ms. David." The bailiff said handing Ziva a bottle of water.
"Are you ready to continue?" The judge asked.
"I think so."
Team Gibbs was sitting out in the crowd watching and waiting for their turns to testify. Kate leaned over to Gibbs.
"What do you think is wrong with her?" Kate asked.
"I don't know it's like she choked. If I didn't know any better, I would say she's lying about all of this. I still don't believe Deanna could have done this." Gibbs answered back.
Benny got up to question a very nervous Ziva. Gibbs had never seen Ziva so nervous. What had gotten into her?
"Ms. David, had you had any contact with Special Agent DiNozzo within the last few months?"
"No. The last time I seen him, he was already dead."
"When was the last time you spoke to him."
Ziva paused. She knew this could make or break the case but she was under oath and had to tell the truth. "It's been almost three years ago. After I had Tali he flew to Israel to try and bring me back but I was stubborn and refused."
"So if he was your boyfriend, how can you have a relationship without speaking to each other for 3 years?"
"I…..I…guess we broke up. He wasn't ready to be a father at the time."
"So the picture that was found in the DiNozzo's home can you tell me where it was taken." Benny asked popping a picture up on the screen. Deanna looked at it. There was something different about that picture, as if it had been photo shopped.
"It was taken in Ireland." Ziva said wiping the sweat off of her brow.
"Really? That's funny because I have Mr. DiNozzo's passport right here. It never says he traveled to Ireland."
Ziva knew that she had been found out. "The photo is photo shopped."
There was gasps all around the room. The judge used his gavel to try and calm everything back down.
"No further questions your honor."
Deanna couldn't believe that Ziva would fake a picture just to make it look like Deanna did it out of jealousy.
"I would like to call a Dr. Brad Pitt to the stand." The plaintiff said.
The court room laughed when a doctor who looked nothing like Brad Pitt the actor took the stand.
"Danny says she's got something that will help seal the case. I'm going to check on it." Bull told Benny and Deanna.
"Dr. Pitt, tell me what you found when Special Agent DiNozzo came into your hospital."
"Mr. DiNozzo had been shot twice. Once in the side and another in the chest."
"Could he have sustained is injuries?"
"No. His lung had been hit and collapsed. The other bullet that hit his chest shredded his heart. Only about 15% was working by time he was brought into the hospital."
"What made the final call of ending Mr. DiNozzo's life?"
"While he was on the operating table, Mr. DiNozzo we found his heart was mangled and beyond repair. Mr. DiNozzo flat lined on the table and we were unable to bring him back. We placed him on life support so family and friends could say goodbye. He was also an organ donor so we wanted to preserve the good organs that were unharmed."
"So your saying he was dead before he was ever put on life support?"
"Technically speaking yes. He had no brain activity. He had lost a considerably large amount of blood and we were unable to repair the heart."
"No further questions your honor."
Deanna had not known Tony had died before she got to him. She didn't know if she missed that part due to everything happening so fast or if she just tried to block it out of her mind.
"I would like to call a Dr. Mallard to the stand." Benny said.
The older man took the stand. Benny started showing pictures of Tony's autopsy.
"Dr. Mallard, which one of the bullets would you say killed Mr. DiNozzo?"
"Well clearly young lad it was the one to his chest cavity. It ripped his heart to shreds."
"If Mr. DiNozzo would have been moved or dragged would he of made it alive to the hospital?"
"No" Ducky hesitated.
"With the way Mr. DiNozzo was shot at point blank range, the way he fell could someone from the outside have shot him and he fell on the inside of the house?"
"Yes with the force of the two bullets and the way he was shot, there was no way he could have been shot inside the house."
"No further questions."
"Look at this jurors two and seven are convinced she's innocent. Now to get the others." Marissa said looking at the screen.
"I would like to call agent Jethro Gibbs to the stand." Benny said.
Deanna prayed that he would take her side.
"Mr. Gibbs, you investigated your own agent's death, tell me what you saw." Benny asked him.
"I was called over to the DiNozzo house at 11 pm that night. Deanna was trying to stop the bleeding. Tony was still conscience at the time. He told his wife that he loved her and told her to not let the kids forget about him. He became unresponsive before the ambulance arrived." Gibbs told them.
"Do you believe Mrs. DiNozzo had anything to do with the murder of your agent?" Benny asked.
"No!"
"NO further questions your honor." Benny said and sat down. It made Deanna happy that Gibbs didn't think she killed Tony.
"Agent Gibbs, who was it that called you to the DiNozzo house the night of the murder?" The plaintiff asked.
"Mrs. DiNozzo did."
"And who was it that called 911 that night?"
"I did."
"I see. So Mrs. DiNozzo had it mentally together enough to call you but not 911?"
"She was in shock!" Gibbs spat.
"But your agents. You see death all the time."
"This was different. This was her own husband. If it was me, I probably would have done the same thing."
Deanna gasp she couldn't believe what she was hearing from Gibbs.
"No further questions your honor." The plaintiff sat down with a huff.
"Let's take a recess we will reconvene in 15.
"There's jurors one, three, and six that are on Deanna's side." Marissa said with a shout.
"So what did you guys find?" Bull asked.
"There was an autopsy guy named Jimmy Palmer that received a strange call to Deanna's old number a few days before the murder." Danny said. "Said the guy asked for the DiNozzo's home address."
"I think it's time we put Mr. Palmer on the stand.
Will more of the jury lean in favor of Deanna? What does Bull have up his sleeve to convince a jury? New chapter up soon! Please review!
