One Less - Part 48

by joykatleen

Gibbs woke hours later with only minor pain. After working out the kinks caused by sleeping on the floor, he'd decided to forego the stronger narcotics in favor of one of the last of Ducky's pills. It had done the trick. Gibbs hoped that meant that whatever new damage he'd caused yesterday was minor. Otherwise, Ducky was going to kill him. Thinking of the older man made Gibbs glad it was Saturday. There was minimal chance of running into the doctor at the office. Ducky would undoubtedly have much to say about the new brace and the new damage that had made it necessary, no matter how minor it turned out to be.

With the bent brace, walking was easier. He was able to wear both boots again without his right foot touching the ground. But the act of sitting and standing was harder because he couldn't use his foot for balance. The straight brace had helped with that, probably why the orthopedist at Bethesda had chosen it. With the new damage, Gibbs could no longer comfortably straighten his leg, and he was glad for the increased support. Even if the new brace did bring its own complications.

The team gathered as instructed at 10 a.m. They exchanged updates, McGee and David listening in awe as DiNozzo described Thayer's takedown in every gory detail. Gibbs let him get it out of his system. Then it was McGee's turn.

Of the two men who'd been missed in the initial sweep, one had been apprehended overnight. It turned out the other had escaped the team that came to arrest him by mere minutes. He was actually standing in the lobby of his apartment complex in Minneapolis when the arrest team pulled up in front. He had apparently guessed what agents of NCIS were doing there and immediately fled out the back. His phone and financial records showed that he had called the Roosevelt – undoubtedly the phone call that had sent Thayer running – then bought a bus ticket to Colorado. McGee had been able to confirm he had not gotten on the bus, but from there his trail had gone cold. Still, Gibbs wasn't worried. The sailor'd had a little luck so far, and wasn't stupid enough to leave an obvious trail, but they'd find him.

Ziva informed them that she had received arrest reports from 11 of the teams and hadn't found a problem with any of them. There would be no later issues for lawyers to screw up. She was still waiting for the other three.

Gibbs told them about his late-night call from Master Chief Goetz. His team was as surprised as he had been that Lewiston had basically confessed his crimes to one of his victims. If the lawyer ever let them question him, they'd use it. If not, they'd put Goetz on the stand at trial and get him to repeat the conversation for the jury. Either way, it had been a major tactical error on Lewiston's part.

When the information exchange was complete, Gibbs put McGee on tracking down the last man, told Ziva to light a fire under the last three teams, and sent DiNozzo for coffee. He arranged for Thayer to be brought over from Bethesda. Then he called Goetz.

For half an hour after security informed Gibbs that Thayer had arrived, the senior agent and his second talked about the upcoming interrogation. An interrogation by more than one person was always a risk. The interrogators had to be very well rehearsed, or had to know each other very well. Otherwise, they'd trip over one another. This usually just resulted in a lack of success; occasionally it was dangerous. But between these two men, it wasn't an issue. Gibbs had been tag-teaming interrogations with DiNozzo for so long that for run-of-the-mill stuff, they could do it without any preparation. They played off each other seamlessly and even when one surprised the other, the suspect rarely knew. For more difficult or sensitive matters, a little pre-game briefing was normally all that was necessary. This interrogation, while certainly sensitive, wasn't really that big a deal. They already had enough to put Thayer away. Without a doubt. But it would be nice to get him to bury himself a little deeper. So they tossed around ideas on approaches, talked about possible avenues of attack, played a little 'if this, then what?' By the time Gibbs headed out of the bullpen with DiNozzo on his heels, they were ready for anything. They hoped.

While DiNozzo stopped to confer with the MP guarding the interrogation room door, Gibbs went into observation and looked through the glass. Thayer was there, sitting facing the glass in a wheelchair beside the end of the table. The priest's leg was elevated on a foot rest attached to the chair. He was wearing clothing similar to hospital scrubs that looked like cloth but were actually made out of heavy paper. It was what the navy gave those on suicide watch. His head was down. He appeared to be very relaxed. Gibbs had confirmed with Bethesda when he'd called for Thayer this morning that he was not under the influence of anything that would alter his thinking. He was sitting so still that if Gibbs hadn't made that call, he would have thought Thayer was drugged.

Beside Gibbs, Master Chief Goetz was leaning on his crutches, staring at the priest with his face only a few inches from the window. Gibbs had spent considerable time thinking through the ramifications of having Goetz witness the interrogation before he'd called him back. He understood the Master Chief's desire: There was a high degree of satisfaction to be had in hearing the person who made you a victim bury himself. It's why the families of victims sat through trials. Problem was, as a likely witness at Thayer's trial, there was the potential that his testimony could be tainted by whatever he heard here. That would give the defense a certain amount of ammunition to use against them. On the other hand, by participating in the investigation and running the attempted sting on Thayer, the defense could already make that claim. A little more inside information wouldn't really make it worse. Nonetheless, it would be better if the defense never knew Goetz was here.

"You can watch, but that's all," Gibbs said, turning to Goetz. The Master Chief had arrived twenty minutes before and Gibbs had sent him here to wait. "You do not remember or act on anything you hear. As far as he and his lawyer are concerned, you were never here. Got it?"

"Understood," Goetz said.

"Neil?" Gibbs said to the tech who would me monitoring the recording.

"I was all by my lonesome, the whole time," the tech said.

"Good." He turned back to Goetz. "Pull up a chair. It might take awhile."

Goetz nodded and the tech indicated the chair he should use. Gibbs turned on his own crutches and headed next door.

Thayer looked up as the two agents came in. His expression was as calm as his body language.

"Good morning, Commander," DiNozzo said as he closed the door behind Gibbs.

"Good morning, gentlemen," Thayer said in response.

Gibbs took his usual seat with his back to the mirror. Tony put the crutches in the corner and took the chair at the end of the table to Gibbs' left. That put Thayer facing the mirror to Gibbs' right instead of across the table where he'd usually be. Gibbs used the edge of the table to pull his chair forward and rested his bad heel on the instep of his good foot. He wasn't expecting to have to get up in any kind of hurry: On the small chance that Thayer tried to make a move, DiNozzo would take care of it.

"How are you feeling this morning?" DiNozzo asked when they were all settled.

"A little sore. But otherwise much better than I thought I would. Getting shot is a new experience for me. I understand I have you to thank for that, Agent Gibbs?"

"You didn't leave me much choice," Gibbs said.

"No, I don't suppose I did," Thayer agreed. "I admit I lost my head there for a while. I'm just glad no one else was hurt." He paused. "Your injury wasn't from yesterday, was it?" he asked Gibbs with obvious concern.

"No," Gibbs said. He was a little nonplussed about how this interrogation was beginning.

"Good. I was informed that the deck officer is also going to be fine. So I suppose we got off lucky."

"Before we go any further, I have to read you your rights under Article 31 of the Uniform Code of Military Justice," DiNozzo said. He felt the discomfort coming from Gibbs at Thayer's apparently blasé attitude and wanted to get them back on familiar ground. Thayer nodded and made a 'go ahead' motion with his hand. DiNozzo recited Thayer's rights while Gibbs watched Thayer. The priest still appeared calm, almost disinterested in the proceedings. When DiNozzo finished and Thayer had waived his right to have an attorney present and agreed to answer their questions, they began.

"You've been arrested for conspiracy to commit assault causing great bodily injury against 14 members of the US Navy and Marine Corps, one count of conspiracy to commit manslaughter in the death of Marine Major Raymond Ortiz, and one count of conspiracy to commit murder in the death of Navy Petty Officer Third Class Francis Ferrara," DiNozzo rattled off. It's what JAG had settled on during their discussions earlier in the week. "Also, several new charges from yesterday, namely: one count of assault, one count of kidnapping, one count of battery, multiple counts of reckless discharge of a firearm, multiple counts of attempted assault on federal officers – that would be us – and one count of attempted desertion from the US Navy."

"Is that all?" Thayer asked, still apparently unaffected.

"Is there more you'd like to tell us about?" Gibbs asked.

When he spoke, Thayer sounded regretful. "Unfortunately, no. If I had sins to confess, it wouldn't be to you."

"Maybe there's someone else we could invite to this meeting who you'd be more comfortable confessing to?" Gibbs suggested.

Thayer actually smiled. "I think not. But I do appreciate the offer."

"Alright. So let's talk about what you've been up to," DiNozzo said. "We've heard you've been involved in some not-so-nice extra-curricular activities."

"I've been doing God's work on behalf of the United States Navy," Thayer said. "Nothing more, nothing less."

"God's work," Gibbs said, his skepticism clear.

"That's right. As I'm sure Agent Fredrick has already explained to you." He paused. "That was you, right?"

"What was?" Gibbs asked.

"You sent Agent Fredrick to talk to me last night, under the guise of helping my mission."

"Tell us about your mission," DiNozzo said, sidestepping Thayer's question.

"I'm sure you already know as much as you need to," Thayer said.

"Tell us anyway," Gibbs said.

Thayer sighed. "I was tasked by God to remove the evil that was destroying the navy."

"And what evil would that be?" Gibbs asked.

Thayer looked at him, pursed his lips and shook his head slightly, as if disappointed in a slow student. "The evil of homosexuality. But you already know that," he said.

"So God told you it was your mission to remove homosexuals from the navy," Gibbs reiterated.

"That's right," Thayer said.

"How did he tell you this?" DiNozzo asked. "Email?"

Thayer actually chuckled.

"Of course not. My mission was revealed over the course of many weeks of prayer and study of God's word. I kept coming back to the same verses, over and over."

"Which verses?" DiNozzo asked.

"Two from Leviticus: 'Do not have sexual relations with a man as one does with a woman; that is detestable.' And: 'If a man has sexual relations with a man as one does with a woman, both of them have done what is detestable. They are to be put to death; their blood will be on their own heads'."

There were several moments of silence. Gibbs was very aware of Goetz's presence through the glass behind him. He'd heard the religious arguments against homosexuality many times. But he'd never before been sitting virtually beside someone of that orientation when the arguments were made. How must it feel to hear the central text of your faith quoted in a way that makes your very existence detestable?

Over the last two weeks, they'd all wondered how Goetz could stay Catholic. Still, Gibbs knew it wasn't just Catholicism. Every conservative right-wing religion in America preached a version of the same crap. That being gay was an evil, sinful choice. Good thing there were churches that weren't as intolerant. Gibbs hoped Goetz – and all the others – could find one.

"Most Bible scholars believe that Old Testament rules were superseded by the teachings of Jesus in the New Testament," Gibbs continued finally. "Isn't that what Petty Officer Ferrara was talking to you about, before he died?"

"Our conversations were confidential. But I can also tell you that the Apostle Paul preached the same truth in the New Testament book of Romans: 'Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones. In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error'."

"Okay, so you heard from God," Gibbs said, moving on. He wasn't actually trying to convince Thayer of anything. He only wanted Thayer to take a position that could be attacked. "But why target homosexuals? There's a lot of evil affecting the navy. Why that mission? Why not pick on idolators, adulterers, thieves or drunkards?"

Thayer cocked his head and smiled a little. "You know your Bible, Agent Gibbs." When he saw DiNozzo's apparent confusion, Thayer continued.

"First Corinthians chapter six, verse nine. 'Do not be deceived: Neither the sexually immoral nor idolaters nor adulterers nor men who have sex with men nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God'."

"That's what it says," Gibbs agreed. "So why focus on homosexuals? Surely there's more evil done by men who drink to excess and lose control than by men who are attracted to other men."

"It's not that simple," Thayer said. "With that particular sin, it's about the pervasiveness of the evil. Men who drink can be made to control themselves. With no alcohol on board ships and bases, temptation is eliminated and we can proceed with our good works. But weak men who choose to lust after other men are constantly surrounded by temptation in the navy. Even when they commit to overcoming their sin and resisting temptation, they are often led astray. They can't escape it."

"Is that what happened to you?" Gibbs asked, lowering his voice slightly and holding the priest's gaze. "You tried to resist, but you couldn't escape it?"

Thayer's eyes widened and he took a second to clear his throat. For the first time, his calm broke. "I don't know what you're taking about," he said.

"Sure you do," DiNozzo said and Thayer turned to look at him. "Who was he?"

"No!" Thayer said firmly. "Celibacy is one of the core tenants of the priesthood."

"Celibacy is about marriage, not sex," Gibbs said.

"And abstention from sex is required outside of marriage. I swore an oath to God to abstain from sexual relations."

"But he was right there, all the time. You couldn't resist forever," Gibbs said.

"No. I never…"

"You worked for him. He led you into temptation," DiNozzo said, repeating what he remembered from the tape of Fredrick's conversation. "You were seduced by your mentor."

"No," Thayer said again.

"Did you have sex with him? Your commander?" Gibbs asked, even lower now.

"I did not!" Thayer cried, his voice breaking. "It wasn't my fault!"

"What wasn't your fault? What did he do to you?" Gibbs asked. His voice had dropped to a near whisper.

"He… I… I didn't want him to do it," Thayer said.

"Do what?" DiNozzo asked just as softly.

"I told him to stop. I told him it was wrong, evil. He…" Thayer trailed off again.

"What? What was wrong?" Gibbs asked.

Thayer opened and closed his mouth several times, then pressed the heels of his hands to his cheekbones, his palms covering his eyes. He shook his head slowly back and forth. Gibbs and DiNozzo exchanged looks.

"No," the priest said and lowered his hands. He had composed himself, his features back to a mask of calm. "It was nothing. The evil in him nearly pulled me down. I spent a lot of time in prayer, and that's when God spoke to me."

"So what happened to him?" Gibbs asked, his tone back to conversational. Thayer didn't pretend not to understand.

"He died," Thayer said.

"How?" DiNozzo asked, curious.

"He was lost at sea."

"That happened not long after you got your mission from God, didn't it?" Gibbs asked.

Thayer shrugged. "I suppose it did."

"He went overboard during the Ironman," Gibbs said.

"That's right," Thayer agreed.

"You were out there with him, that night, when he fell." Gibbs stated.

"I was, earlier," Thayer said. "We were talking."

"About what?" DiNozzo asked.

"I can't see where that's any of your business," Thayer said. "It was a private conversation. That's why we were out on the fantail. For privacy. I left him there."

"You'd been at sea a hundred days, with only one port call at that point. Long time to be stuck on a ship with someone who was trying to seduce you," Gibbs said. "Especially a superior officer. A mentor."

"It's a big ship," Thayer said.

"He was your commander," DiNozzo said. "You couldn't exactly avoid him."

"We had an excellent working relationship. It wasn't a problem."

"Yeah, but then there were all those non-working hours," Gibbs said. "When he was trying to seduce you," he repeated.

"It got difficult at times," Thayer admitted. "But with God's help, I handled it."

"Until you couldn't handle it anymore. Then you gave in to the temptation," DiNozzo said.

"I told you, it was nothing," Thayer insisted.

"And how many times did this 'nothing' happen?" Gibbs asked.

Thayer shook his head again. "It's not important. I handled it."

"But you were tempted. You liked it, whatever he did to you. It felt good. And you gave in, more than once," Gibbs said.

There was another sigh, and Thayer bobbed his head up and down slightly. "I was tempted, more than once. But God gave me what I needed to overcome it."

"Isn't there something about that in Corinthians, too?" Gibbs asked. "About God giving you a way to get through temptation?"

Thayer nodded. "First Corinthians ten, thirteen: 'And God is faithful; he will not let you be tempted beyond what you can bear. But when you are tempted, he will also provide a way out so that you can endure it'."

"So, more than 100 days at sea. A supervisor you had to work with every day dragging you into sin. No real way out," Gibbs said. "You must have prayed hard for God to provide a way. Then when no way out came, you made your own."

"God told me what I had to do," Thayer said.

"You removed yourself from your friend's evil," Gibbs said, also quoting from the conversation with Fredrick.

"That's right."

"But there was no safe way to do that," DiNozzo said. "You could have reported him under DADT, but you'd have been just as guilty. Other than that, he hadn't done anything worthy of having him removed from the carrier, especially in the middle of a response to the worst terrorist attack this country's ever suffered. And there was no way you could remove yourself without ruining your career. Not to mention ruining your mission before it even got started."

Thayer said nothing.

"You had to get rid of him. He would have destroyed you. And your mission," Gibbs reiterated.

"There was evil in him," Thayer said.

"Evil that was threatening to destroy you," Gibbs said.

"Yes."

"No individual man is more important than God's work," Gibbs said. He was again lowering his voice in steps, lulling Thayer into a sense of safety.

"That's true," Thayer said.

"You had been given an assignment, a mission, by God. God spoke to you, told you what you had to do," DiNozzo said.

"Yes."

"So you had to get rid of him. You couldn't let his evil destroy you," Gibbs said.

"Yes," Thayer said.

"Did you push him?" DiNozzo asked quietly.

"He fell," Thayer said.

"Were you there when it happened?" Gibbs asked. Thayer hesitated.

"Yes," he finally replied.

"Why did he fall?" From DiNozzo.

"I don't know," Thayer said.

"Did he trip over something?" DiNozzo asked.

"I don't know," Thayer said, his voice once again firming up. "I don't know why he fell. He was there, walking with me, then he wasn't. That's all."

Gibbs knew, beyond a doubt, that Thayer knew more than he was saying. But he also sensed it was time once again to move on. They'd come back to it.

to be continued... immediately