Impasse
Chapter Five
For the most part, the journey back to the Navy yard had been travelled in a strained and tension filled silence. McGee had summarily dismissed Bishop's questions and hypotheses, not because she was wrong but because she was zeroing in on the truth. He caught a brief glimpse of her eyes and, amidst the frustration and confusion he found there, was the certainty that he wasn't telling her the whole truth.
Lying was something Tim McGee didn't do well - when your old man was a US Navy Admiral, getting caught in a lie wasn't an option. So he'd tried to change the subject, keeping the conversation light and pretending not to notice her monosyllabic answers and occasional sighs of frustration as she crossed her arms and gazed pointedly out of the passenger-side window.
When Ellie Bishop joined the MRCT, McGee felt a strong affinity toward her almost immediately. He liked to think that he had paved the way in this agency for others like him – those who Tony described as having "big brains and little muscles." He certainly knew what it was like to have to prove your worth on a team that was already established and highly effective.
Gibbs was a Marine and Tony a cop – both men of action and both old school. It was only McGee's doggedness and an improvement in an already outstanding case closure rate that had convinced them that the team would benefit from a fulltime IT Specialist.
Having joined the team after Ziva's departure, Bishop had quickly proven that she brought her own set of skills to the table...but it was the way her mind worked that excited and intrigued McGee. As an IT Specialist, his work was based on logic, reason and fact. His conclusions were drawn systematically using whatever data was available to him. But Ellie Bishop's mind, while no-less brilliant, worked very differently. As an NSA Analyst, Bishop was a puzzle-solver. Studying random, seemingly unrelated fragments of intel and applying them to the psychological profiles of terrorists and criminals to presuppose their next likely move. That was a niche Bishop had filled more than adequately since her arrival. Sure, she was still coming to terms with the more physical aspects of the job but she possessed a keen practical sense that was essential in crime investigation and she handled the grunt work and hazing without batting an eye.
He had barely brought the agency vehicle to a stop in the assigned parking bay when Bishop exited the car and walked quickly toward the building. Sighing deeply, McGee watched her go, wishing he could tell her what he knew.
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From across the table, Tobias Fornell straddled a chair and studied the face of the younger man as he shoveled another large forkful of food into his mouth. Although he'd known DiNozzo for many years, he still found it difficult to get an accurate read on him.
"Come on, Toby, admit it," Tony said around a mouthful of sausage and eggs. "You care...this proves it."
"It's a plate of eggs, DiNozzo, not a marriage proposal," he replied, frowning distastefully as another large forkful of food disappeared. "When was the last time you ate?"
The enthusiastic chewing slowed momentarily as Tony tried to recall his last meal. He signaled defeat with a one-shouldered shrug and continued devouring his food.
"This is good," Tony nodded, "you'll make someone a fine wife someday, Fornell."
Fornell's relationship with DiNozzo was something of a conundrum. Ever since he'd sent the younger man's butt bouncing down the Beltway, Tony seemed to delight in pushing his buttons and getting under his skin. Of course, the fact that he had twice placed Tony at the top of his murder suspect list may also have added to their antagonistic alliance. Regardless, Fornell recognised a good agent when he saw one and the fact that DiNozzo had been Gibbs' right hand man for nearly 15 years spoke volumes of the man's ability.
Reaching across the table for the ketchup, Tony looked up in surprise as the bottle was snatched out of his grasp.
"Are you going to tell me what happened in there?" Fornell said, pointing towards the closed door with his chin.
"Nothing to tell," Tony replied. "I took Mahoney a sandwich, he cussed me out and then I left."
"You were in there a long time."
"What can I tell ya, Toby? The man has quite an extensive range of profanities."
Fornell studied the younger man's face, catching a fleeting glimpse of something else behind the casual facade.
"What about the leak at NCIS? Did he tell you who it is?"
Tony straightened his back and felt the muscle along his jaw line tighten.
"No," he mumbled, pushing his plate away as his appetite suddenly disappeared.
"Did you even ask?"
"You think we were sharing secrets and braiding each other's hair?" Tony snapped. "I just arrested this guy for murder, Fornell! He's not about to tell me squat!"
"You know as well as I do that if there's a leak in your agency, that person could be responsible for Mahoney going after Gibbs!"
Tony shot to his feet, the chair toppling over behind him.
"There's no leak, Fornell," he growled. "Leave it alone!"
With a look that left no doubt the conversation was over, Tony strode to the door and slammed it behind him, leaving a puzzled Fornell staring after him.
"What the hell just happened?" he muttered.
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After completing a quick call to the director, McGee had gone in search of Bishop, hoping to clear the air with the probationary agent and continue with their investigation. Finding her desk empty he took the elevator to the forensic lab in the bowels of the NCIS building, surprised when that, too, appeared deserted.
"Abby?" he called. "Are you in here?"
Walking further into the cavernous laboratory, he noticed the lights were off in the inner office and ballistics lab.
"Abs?" he called again.
He'd barely entered the glassed in area when the sliding door slid closed behind him and a bright light pierced the darkness and momentarily blinded him. He blinked several times to clear the spots from his vision and as his eyes adjusted to the light, he saw the silhouetted forms of Abby and Bishop.
"What's going on?" he asked.
"That's exactly what we want to know, McGee," Abby replied.
"You've been holding back on us, Tim," Bishop added. "And we want to know why."
"I wasn't holding back on you, I just-"
"Really?" she interrupted. "Then why did you refuse to even consider any of my observations. I know I'm new here but it feels like you don't trust me and I'd like to know why?"
"This was never about trust," McGee stammered. "You don't understand…"
"No, McGee, we don't understand but maybe you can explain this." Abby said, switching on the lights and walking across the room to her audio equipment. "I kept thinking about Tony not reading Mahoney his rights and how that's totally hinky. I mean, Tony would never make a rookie mistake like that, never. So…I requested the audio tape from the warehouse."
McGee felt the heat of a blush and hoped his traitorous ears would not give him away.
"Did you find something, Abby?" Bishop asked moving closer.
"I did. The Boss told me that my hunch was right."
Bishop's eyebrows shot up toward her hairline.
"You spoke to Gibbs?"
"Not our boss, silly, the Boss…as in Bruce Springsteen."
"Wait…Bruce Springsteen told you that your hunch was right?"
"Correct!" Abby smiled. "I listened to the tape over and over and I heard some very faint music playing somewhere in the warehouse at the time the arrests were made. When I isolated it, I recognised the opening chords of the Bruce Springsteen song "The River."
"And this helps us, how?" Ellie asked.
"The song was starting just before Mahoney confessed to murder and Tony identified himself as an agent. This particular version is from an album of the same name that was recorded at the Power Station, New York and released in October 1980. It's five minutes and one second long."
"Still…not following you, Abby," Bishop frowned.
"On the audio tape from the surveillance, the song only goes for three minutes and thirty seconds," Abby told her. "There's, like, a whole big chunk of the song missing – one minute and thirty-one seconds to be exact."
"So…you think the tape has been tampered with and the part where Tony read Mahoney his rights has been cut," Ellie concluded. "But why wouldn't Tony just say that, unless…unless Tony did it."
Abby shook her head.
"The idea may have been his but there's no way Tony would know how to remove part of the digital recording…someone helped him."
Realisation struck and both women turned to impale McGee with eyes that reflected their anger. They took several menacing steps toward the acting lead agent with the bright pink ears.
"Er…okay…" McGee said, backing up slowly and raising his hands in supplication. "Let me explain…"
"You knew! All this time, you knew and you didn't tell us!" Abby exclaimed. "How could you, McGee?"
"Abby, please! You need to calm down and listen to me," the IT Specialist pleaded. "I wanted to tell you, I swear, but I couldn't. I was following orders."
"Come on, McGee! Who gives a crazy order like that?" Bishop wanted to know.
The three heads turned quickly in the direction of the sliding glass door as Director Vance's voice sounded from the other side.
"I do."
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Steam billowed from the coffee mugs as Fornell walked outside into the night air. Bracing himself against the cold, he looked around and spotted DiNozzo sitting at the far end of the veranda. The younger man watched in silence as Fornell approached and then nodded his thanks as the FBI agent handed him a hot beverage.
"You want to tell me what that was about?" Fornell asked, taking a seat beside him.
The question was left unanswered for several moments as both men sipped the warming coffee.
"There's no leak at NCIS…never was," Tony said flatly. "I'm the reason the Mahoney's went after Gibbs. This is on me."
Fornell remained silent, allowing Tony to gather his thoughts. The ex-cop's eyes grew dim with recall as he was drawn back to the memory.
"Gibbs and I were questioning Mahoney in Philly when we got the news that Billy…my CI, Billy Simmons…had been murdered. We knew that Mahoney was behind it but he just sat with this shit-eating grin on his face. I guess I lost it; I tried to take Mahoney's head off…probably would have if Gibbs hadn't stepped in and dragged me outta there."
Tony huffed a humourless laugh at the memory.
"Gibbs did what Gibbs does…got in my face; reminded me that we already had enough evidence to put Mahoney away for life. Told me something he's told me a thousand times since we met – DiNozzo, keep your fists in your pockets and your feelings out of the way."
The almost perfect Gibbs impression caused a small smile to ghost across the FBI agent's lips.
"I still don't see how this is your fault," he said.
"Because I blew it! I must have let my guard down or...something!" Tony said, carding one hand through his hair in frustration. "I don't know what Mahoney thought he saw but the sonofabitch told me that was the moment he decided that targeting Gibbs would make me suffer more than coming after me."
Fornell wasn't surprised to hear it. He recalled several years ago when he had been forced to arrest Tony for murder. Despite the damning evidence against him, Gibbs' belief in his agent's innocence had never wavered. He had witnessed Gibbs in full Papa bear mode and knew the lengths each of these men would go to for the other. On the surface, they appeared to be lead agent and subordinate but in reality an unshakable loyalty and something akin to a familial bond existed between them.
Both men were proficient in hiding their true emotions but, in times of great stress they looked to each other for support. Fornell had no doubt that, exhausted and grieving, DiNozzo may have tipped his hand and Mahoney had pounced on the perceived weakness. But he had no intention of adding to the ex-detective's burden of guilt when they needed his head in the game.
"Seems to me you're giving Mahoney too much credit," he said. "It's no secret that you've been Gibbs' partner for, what, nearly fifteen years? Anyone with half a brain knows what it takes for a partnership to last that long in our line of work. Mahoney knows we have the upper hand now. He's trying to get inside your head...don't let him."
Tony searched Fornell's face, desperate to find truth in the man's words. He wasn't certain the FBI agent was right but he'd given him enough hope to forcefully shove the torment and guilt into the recesses of his mind...at least for now.
"You know, Toby," he grinned. "You keep this up and people are gonna start thinking you like me."
Fornell's face remained implacable but his eyes flashed with a hint of humour.
"We know better, DiNozzo," he said. "We know better."
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Bishop's eyes grew wide as she studied the director's stern expression.
"Director Vance," she began as the door slid open to allow him entry. "Um, before... when I said that the order was crazy…I, um, obviously didn't realise it was your order. I mean, if you gave the order than it would be anything but crazy. What I meant to say is…"
Vance waved the probationary agent quiet before she dug a deeper hole for herself.
"McGee?" he said abruptly.
"They know, Sir," McGee replied. "Abby examined the surveillance tape. They know we modified it."
"But what we don't know is why you modified it," Abby said before adding a tentative, "Sir."
Vance looked thoughtful for a moment before gesturing them toward the chairs near Abby's desk.
"Take a seat."
He waited until they were all seated before beginning the briefing.
"When it became obvious that a prisoner exchange would not be authorised through official channels, DiNozzo approached me with an unorthodox alternative that required him to go "off book." He met with Mahoney's attorney, Victor Ambrose, and told him that he would ensure the murder charge was dropped if the Mahoneys agreed to release Gibbs. With Sean Mahoney looking at life in prison, they jumped at the offer."
Bishop quickly put the pieces together.
"So Tony had McGee modify the surveillance tape so the JAG prosecutor would have no choice but to drop the murder charge and release Sean Mahoney from NCIS custody," she said.
McGee nodded. "Plus, Tony's perceived failure to read Mahoney his Miranda rights added an extra incentive for Mahoney to agree to the offer."
"Why?" Abby asked.
"Because Tony would be brought up on disciplinary charges and his career seriously compromised," McGee replied before the director continued the briefing.
"As you know, our prisoner transport vehicle was targeted on the way to Philadelphia and Mahoney escaped with two men wearing ski-masks."
"Tony!" Abby said with certainty. "But, wait…two men?"
"With the possibility of a leak in our agency, DiNozzo enlisted the help of Agent Fornell," Vance explained. "They have Sean Mahoney at a safe house and will offer to exchange him for Gibbs."
"So…Tony double-crossed Victor Ambrose to secure Mahoney's release but Ambrose can't do anything about it unless he admits his client was read his Miranda Rights and the murder charge would be reinstated," Bishop said, nodding her approval. "Nice."
"Tony and Gibbs are like family, Director," Abby said. "Excuse me for asking but why were we kept out of the loop on this?"
"Two reasons," Vance told her. "Firstly, if there was a leak in our agency, we had to assume that all MCRT members were under close scrutiny. That being the case, it was imperative that everyone's reaction to Mahoney's release and DiNozzo's suspension be genuine and believable. I have just spoken with Agent DiNozzo and he now believes there is no leak."
"And the second reason?" Abby asked.
"Deniability. There are still thirty different ways this plan could fail. If it does, DiNozzo insisted that he be the one to take the fall."
"No!" Abby exclaimed.
"Excuse me, Sir, but you're comfortable with that?" Bishop asked.
"I wouldn't be telling you this if I was," Vance replied. "So far, DiNozzo's done the heavy lifting on this one – it's time to share the load."
The shrill from a computer interrupted the discussion.
"Ooh, my baby's calling," Abby declared as she excused herself and hurried to its location. "I have a facial recognition on the guy who purchased the laptops James Mahoney used to Skype with Tony."
The others left their seats to gather around.
"Meet Richard Alexander, thirty-eight years old from Detroit, Michigan," the forensic specialist stated.
"Richard Alexander?" Bishop repeated. "That's not possible."
"Do you have something, Bishop?" Vance asked.
"Yes, Sir, Richard Alexander's name appeared on a list of Mahoney's known associates. I did a search and according to the NCIC, he has another two years to serve of a ten year prison sentence for aggravated assault."
The director exchanged a glance with his acting team leader.
"McGee?"
The IT Specialist moved to Abby's computer and began typing furiously.
Ellie frowned in concern.
"Did I miss something?" she asked.
"The Department of Corrections can be a little slow updating the NCIC," McGee explained to the probationary agent. "It's best to cross-check directly with the detention centre in case they-"
"McGee?"
"I got something," he stated. "Richard Alexander was granted parole from the FDC Philadelphia six weeks ago."
"He wasted no time hooking up with his pal, Mahoney," Vance replied.
Bishop felt her stomach tighten.
"There's something else you should know," she said. "According to my background check, Alexander washed out of the US Army Rangers ten years ago but not before he received extensive training as a sniper."
"OMG!" Abby exclaimed. "This is a set up. James Mahoney was never interested in an exchange. He's going to use Gibbs as bait to kill Tony!"
"McGee, call DiNozzo, give him a heads up about Alexander," Vance instructed, turning to include everyone in his glance. "Do whatever it takes, but find them. Fast."
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Standing out front of Philadelphia PD Headquarters, Victor Ambrose stabbed the fast-dial button on his cell with an immaculately manicured finger and cursed silently when James did not pick up. Instead, a recorded message sounded.
"The cell phone you have called is currently switched off. Please try again later."
Battling his panic, he took several deep breaths to calm himself and thought back over the last few days. How did this all go to hell so fast?
Uncharacteristically beguiled by undercover NCIS agent, Anthony DiNozzo, his close friend and client, Sean Mahoney had admitted to killing a young US Marine and had been arrested and charged with murder one. In an act of desperation, Mahoney had instructed his son, James, to kidnap DiNozzo's partner and mentor, Leroy Jethro Gibbs, in an attempt to force the government to agree to a prisoner exchange.
When the government refused to acquiesce, the attorney believed all was lost. He was more than surprised when he was contacted by DiNozzo who was willing to destroy his reputation and career in exchange for his partner's life. DiNozzo's plan was extreme and Ambrose had remained sceptical until the murder charge was officially dropped and arrangements for his client to be transferred to Philadelphia had been finalised. The proverbial icing on the cake had been when DiNozzo was suspended from duty and ordered from the building by the NCIS director.
Making a quick stop at his office, Ambrose electronically transferred a huge amount of money from Mahoney's Cayman Island account. The money would be needed to post bail once his client was arraigned. He'd contacted James Mahoney, instructing the younger man to meet them at a pre-determined airport where they would board a private jet to the Cayman Islands.
As relieved as James was that his father's release was imminent, he possessed a malicious streak a mile wide and his need to make DiNozzo pay still burned furiously. He needed to get the kid on the plane and out of the country before things got a whole lot worse.
Fifteen minutes ago, Ambrose arrived at Philly PD Head Quarters expecting to arrange a fast arraignment for his client. The desk sergeant had informed him that the prisoner transport from NCIS had been ambushed en-route and Sean Mahoney had escaped with two masked men. Both Philly PD and NCIS suspected James Mahoney...but Ambrose knew better. DiNozzo had duped them again.
Hitting the re-dial button on his cell, he suppressed the urge to hurl it into the nearest wall when, again, James did not pick up.
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"In case I didn't tell you before," Tony told the FBI agent. "The ski-mask's a good look on you."
Tobias Fornell sat just out of camera-range, wearing his ski mask and tapping his fingers anxiously on the tabletop as the Skype ringtone continued unanswered.
"You gonna get that?" he asked.
"He'll call back," the younger man replied with a shrug.
"That's a big gamble you're taking, DiNozzo. If you're wrong-"
"I spent eight weeks with this guy, I know how he thinks," Tony replied. "He wants me dead and, since he can't do that, he'll do the next best thing."
"Right," Tobias remarked. "He'll kill Gibbs."
"Only if I'm watching," Tony said. "He needs me to see Gibbs die and to know that it was my fault...that's why he'll call back."
Their earlier conversation had given Fornell a rare insight into the paradox that was Anthony DiNozzo. The humour and apparent nonchalance were his smoke and mirrors; alleviating tension, sometimes hiding his intelligence and giving him an invaluable edge. Whatever the younger man had in mind, Fornell hoped like hell he knew what he was doing.
Tony flashed a variation of his signature grin as the Skype ringtone sounded again.
"Show time," he said as he reached across to take the call and James Mahoney's angry face filled the screen.
"You're late, DiNozzo," he snarled.
"Oh, yeah, sorry about that," Tony said smiling apologetically. "I was trying to catch the end of Rear Window."
"You were what?" James exclaimed incredulously.
"You know...James Stewart plays a wheelchair bound photographer who witnesses a murder from his apartment window. The plot's not as far-fetched as it sounds, you know. We had a case a few years back where a young MIT graduate thought she saw-"
"Enough!" James yelled, silencing the other man. "Always the joker, right, funny man? Well I've gotta joke for you. You may have got the murder charges dropped against my father, but only an idiot would believe that after all of this, we'd really let Gibbs go."
In his periphery, Tony saw Fornell straighten in his seat as they realised that James was not aware that his father did not reach Philadelphia as planned.
"I want to see Gibbs," Tony ground out.
"Oh you'll see him," Mahoney replied. "You'll see him when I detonate that bomb and blow his brains all over this room."
"Show me Gibbs...now!"
Mahoney walked out of frame and a scuffle was heard before Gibbs was dragged into view and deposited roughly into the chair in front of the camera. The bruising on his face had deepened and looked stark against his pale skin as the former Marine struggled to stay conscious. Taking a few deep breaths, he straightened his shoulders defiantly and stared at Tony's image on the screen.
"DiNozzo," he rasped as Mahoney shoved in beside him.
"Got any last words to say to your boss?" James hissed. "Cause in about two minutes, I'm gonna blow his damn head off."
Tony's expression hardened; cold fury hovering just below the surface as he looked at Gibbs' battered face. He took a moment to calm himself, before leaning into the camera.
"Hey, Boss," he said quietly. "Remember when I first joined NCIS. I'd come over to your place with a six pack and we'd cook steaks cowboy-style and play a few hands of poker? I'd always be waiting for that royal flush and you nailed me every time with three of a kind or two pairs. You remember what you used to tell me?"
He waited until Gibbs nodded his head; the recollection teasing a small smile.
"If ya wait too long for the win...you lose," Gibbs said breathlessly. "Can't always wait…for the best hand."
"Well, you're not gonna believe this, Boss, but I finally got my royal flush."
Tony reached out with his left hand and adjusted the angle of the laptop until the camera panned to show Sean Mahoney, bound and gagged with Tony's Sig pressed firmly into his temple.
Gibbs' gut tightened painfully and for a brief moment, strong emotion flashed over his usually stoic features. Before he could respond, Tony turned his attention to James Mahoney.
"That bomb has a blast radius of ten yards, Mahoney," he said. "You would need to be in the next room to have any chance of survival. If you think you can make it before I can pull this trigger then go ahead and try."
James Mahoney's jaw hung open in surprise and he stared at the image on the screen as if weighing his chances. Deciding not to risk his hand, he placed the detonator gently on the table and backed away.
"Looks like we have an impasse," he said. "What now?"
"We have our own exchange," Tony told him. "Your father for Gibbs."
"Ha!" Mahoney taunted. "After what you've done, you expect me to trust you?"
"If you want your father back, you have no choice," the agent's face hardened and his voice turned to ice. "Time for you to ante up, man, because I'm not bluffing and the joker is wild!"
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A/N One more chapter should do it. I hope you'll join me for the completion of this story. Many thanks for your support. L xx