Gibbs pulled up in the parking lot of the hospital, put his car in park and turned off the ignition; blowing out a pent up breath, he took a moment to gather his thoughts. The discovery that Chip had framed Tony had brought both relief and self-doubt. Relief came in the fact that he and the team could finally prove DiNozzo's innocence. However, self-doubt was also rearing its ugly head, serving as a constant reminder that Sterling had been able to fool them all, condemning Tony to the hell that he had been residing in for nearly a year. He hoped that it didn't take as long to secure his former agent's freedom; Tony deserved to be able to move forward with his life, putting the nightmare of the past behind him.
Why hadn't he been able to figure out Chip's ruse sooner? Gibbs couldn't bear to think of the pain that Tony would have been spared if he had been on top of his game. He knew that he couldn't afford to wallow in guilt and self-pity; DiNozzo was going to need him and Gibbs wasn't going to fail him again. The Marine wasn't foolish enough to believe that Tony would simply just reclaim his former life. The younger man would more than likely face a lot of obstacles; he just hoped that Tony would accept his help.
He knew that there wasn't any use worrying about the future right now; Gibbs had to concentrate on the present reality and what it was going to take to prove Tony's innocence. The agent got out of his car and jogged across the parking lot, towards the hospital entrance. Bypassing the receptionist's desk, he took the stairs up to the secured ward, hoping that Jenny had actually done as he had asked and gained him clearance to see Tony. Gibbs wasn't sure he could be held responsible for his actions if he wasn't allowed to see DiNozzo; even sedated, his friend deserved to know the truth and that he would soon be a free man.
Opening the door, he stepped out onto the floor and strode over to the nurse's station. "Which room is Anthony DiNozzo in?" he asked.
"Do you…"
"Special Agent Leroy Jethro Gibbs." He hoped that his name would be enough to grant him access.
Gibbs watched as the nurse glanced down at her clipboard. "You're cleared to go in, Agent Gibbs," she finally announced. "Mr. DiNozzo is in 704. He's been sedated because of the ventilator, so I doubt that he'll even know you're there."
"He'll know."
The nurse pressed the button that would unlock the doors so Gibbs could go through them. He hoped that he could get Tony moved to a regular floor before the doctor permitted him to fully awaken. Even though the team leader knew it would take some time before Tony's release would be secured, at least the younger man would get a small taste of freedom and wouldn't wake up in a prison-like setting. The senior agent didn't want DiNozzo to ever see the inside of another prison if he could help it.
The team leader visibly bristled at the sight of the guard standing outside of Tony's room. He sincerely hoped that the officer didn't intend on stopping him from seeing DiNozzo. "Gibbs," he said, showing the other man his ID.
"I was told to expect you," the guard replied. "You can go on in."
The agent started to step around the officer when the uniformed man grabbed his arm. "You'll have to check your weapon, sir."
Gibbs glanced down at the guard's hand and then met the other man's semi-stoic gaze. "I'm a Marine," he informed the officer.
"Yes sir, but…"
"Do you know what that means?"
"Well, uh…"
Gibbs took a step closer to the officer, his menacing tone daring the guard to offer up the slightest protest. "It means that the only way you'll get my gun is to pry it from my cold, dead hand."
The agent didn't bother to even wait for a response as he entered Tony's room. Knowing that the guard wouldn't challenge him, he stood just inside the doorway and stared at the too still form of his friend lying on the bed. The quietness of the room was disturbed only by the sound of the ventilator that was ushering precious air into Tony's lungs and the constant beep of the monitor keeping track of every beat of his heart. DiNozzo's knee was propped up on pillows, as was his wrist; another testament to the beating that he had received.
Gibbs slowly made his way over to Tony's bedside. His hand hovered over DiNozzo's head a few seconds before brushing a stray lock off the younger man's forehead. The stubble on Tony's face made him look older but failed to hide the damage that had been inflicted by the cruelty of others. Despite the fact that the nurses had cleaned him up, there was no covering up the bruises that adorned his face and upper body. He was well aware that this wasn't the first fight that DiNozzo had been in, but it had been the one that had left him fighting for his life.
As he pulled up a chair to sit down, a glint of something shiny caught his attention. Pulling back the sheet, he saw that Tony's good wrist was handcuffed to the railing. Rage coursed through him at the reminder that DiNozzo was technically still a prisoner. Gibbs didn't see the need for the handcuffs; it was obvious that Tony wasn't going anywhere.
Walking back over to the door, he got the attention of the guard. "Take the cuffs off," he insisted.
"I can't, sir," the officer nervously replied. "It's S.O.P."
"He's not going anywhere."
"I still can't remove them, sir. I'm simply following orders."
"Then give me the keys and I will," Gibbs coolly stated.
"I can't do that either; not without permission from the Warden."
"Then you better call him and get permission. You can even mention my name if you want; it might make Warden Phillips a little more agreeable."
"I'll see what I can do, Agent Gibbs," the guard promised.
"You do that," he growled. "Meanwhile, I'll take care of the cuffs myself."
Gibbs walked back to Tony's bedside and pulled out his pocketknife and began to manipulate the lock. "Some guard," he mumbled to himself. Within a few seconds, he had released the handcuffs and disgustedly slung them in the nightstand drawer. "There you go, Tony."
He sat down beside his former agent, wanting to say something but not knowing what to say. Gibbs wanted to say how sorry he was that Tony had been convicted and spent time in prison; he wanted to say he was sorry for taking so long for proving his innocence and he wanted to say he was sorry for letting his friend, no, for letting his son; down. The team leader had been constantly battling his own guilt that had threatened to consume him; at times, the knowledge that he had failed was too much to bear, but now, he had a chance to prove to Tony that he hadn't given up on him.
"I don't know where to start, DiNozzo," he wearily sighed. "Can you even hear me?" Gibbs wasn't one to repeat himself but he had already decided that he would tell Tony as many times as necessary that he was a free man and didn't have to spend the rest of his life in prison.
"We caught the bastard, Tony," Gibbs continued. "We arrested Chip Sterling a few hours ago and I swear to you that he's going away for a long time. I can't believe that he almost got away with it; I'm not sure what I missed, but I guess it doesn't matter now.
"I'm going to call your lawyer," he declared. "I know that you let her go because…because…" Gibbs swallowed hard. Tony had let his attorney go because he had no money to pay her to keep appealing his case; he wasn't going to let that be an obstacle to DiNozzo's freedom. "Don't worry about it; I'll take care of it. You're going to be a free man, Tony. Everyone is going to know that you're innocent; I'll make sure of that."
"Agent Gibbs?"
Gibbs turned at the sound of the familiar voice. Dr. Neal was standing in the doorway, along side another physician whom he assumed to be Dr. Coleman. The agent stood up and made his way over to the two men. "Dr. Neal," he quietly greeted.
"Gibbs, this is Dr. Coleman; he's the other doctor who was working on Mr. DiNozzo."
The team leader shook Coleman's hand. "Doctor."
"Agent Gibbs," Coleman replied. "Dr. Neal told me that you were Mr. DiNozzo's next of kin."
Every time he thought of Tony removing him as his next of kin, it was like a knife in the gut. He glanced back over his shoulder at DiNozzo's sleeping form, taking a few seconds to center his thoughts and tamp down the ache that was ever present. "So, how's he doing?" Gibbs finally asked.
"He's holding his own," Dr. Coleman informed him. "I'm sure Dr. Neal told you that we were keeping him sedated while he was on the ventilator; I hope that we can wean him off of it in a day or so. When he's a little stronger, we'll take another look at his knee; it's a mess but hopefully having to wait won't make things worse."
Gibbs nodded in agreement. He hated the thought of Tony having a permanent reminder of his time in prison; it was difficult enough knowing that DiNozzo would be living with the mental scars of his imprisonment for the rest of his life.
"What about…what about…" Gibbs wasn't sure he was ready for the answer to the question that had been gnawing at his mind ever since Tony had been brought to the hospital. It had been sheer anguish waiting for Dr. Coleman's report. "Was there any sign of sexual assault?"
"He has some bruising around the groin but I believe that the injuries sustained are a result of being repeated kicked or hit; there were no signs of sexual assault."
Gibbs breathed out the long breath that he had inadvertently been holding. Although there weren't any signs of sexual assualt, he wasn't foolish enough to believe that just because there hadn't been any evidence this time, that DiNozzo had escaped this particular horror of prison life without any scars. He doubted that Tony would ever admit to such an atrocity occurring and Gibbs wasn't sure he was ready to fully accept the reality of such a demeaning violation happening to someone he cared about.
"At least that's something," he mumbled.
"If you want to come back tomorrow, we'll see how's he doing and maybe let him wake up a little," Dr. Neal said.
"I'll be back tonight."
He expected the two doctors to protest, but he was prepared to counter their argument. Gibbs was going to make sure that Tony knew that he wasn't alone. DiNozzo had spent much of the last year in solitary confinement or self-imposed solitude; it was past time that his friend remembered that he still had people who cared about him and wanted to help alleviate the burden that he insisted on carrying by himself.
"Agent Gibbs," Dr. Coleman began to reason. "There's nothing you can do; Mr. DiNozzo will be sedated at least for tonight and the better part of tomorrow."
"What's your point?"
"This is a secure ward and…"
"I assure you I have all the clearance I need. If you don't believe me, then you can see the nurse at the receptionist desk." The Marine found himself grateful that Jenny had managed to use her influence for something else than her personal gain. "I'll be back tonight," Gibbs forcibly reiterated.
"It's against policy…"
"I don't care about your policy; I'm not much on following anyone else's rules." He could almost hear Tony snicker and mumble something supposedly inaudible about Gibbs' personal rules. DiNozzo knew all his rules by heart and the team leader was privately impressed that he warranted such an act of loyalty as to memorize what Gibbs considered to be his own personal rules for staying alive.
Glancing over his shoulder, he was once again taken back Tony's ghastly appearance. Anger coursed through him as he once again affirmed his promise to find everyone responsible for hurting his former agent; he was going make sure that the perpetrators knew who wielded the ax. "Take care of him," he rasped, not trusting his voice to say anything else.
He hastily made his way out towards the parking lot and to his car. Gibbs sat for a moment and gathered his thoughts. The team leader had a lot to do, the first thing being that he needed to meet with Fornell and Sacks. He was truly looking forward to seeing the two FBI agents' faces when he told them the details about Sterling and how he had framed Tony. Everything that had happened had almost seemed surreal, but thankfully, Tony's personal hell was coming to and end and freedom's dream was within his grasp.
XXXXXXXXXXXXXXXXXXX
"So, you really think this Sterling is our guy?" FBI Agent Sacks inquired.
Fornell took a sip of coffee as he stared out the window of the conference room, quietly watching the every day comings and goings of those who worked in the Navy Yard. He had been waiting on Gibbs for over half an hour. It was unusual for his NCIS counterpart to be late but Fornell would wait for as long as necessary; he owed to Gibbs and to DiNozzo.
"If Jethro says he is, then he probably is," Fornell finally answered.
"But you're not convinced?"
"I didn't say that. Gibbs says Sterling's responsible, then I'm going to go with it. Jethro wouldn't have called us unless he was sure," Tobias pointed out.
"I hope that he's very sure. I'd like to see DiNozzo get a second chance."
"I kind of had the feeling that you didn't care for DiNozzo."
The younger agent shrugged. "I don't; I just don't think he murdered anyone. He's irritating as hell but he's not a cold blooded killer."
"Careful there, Sacks; you're beginning to sound human," the senior agent teased.
"Duly noted."
Fornell tiredly grinned as his gaze once again locked on the constant motion outside the window, his own regrets haunting him as his thoughts drifted back to that fateful day when Anthony DiNozzo's life had been destroyed. Tobias had been carrying around a load of guilt since he had been forced to arrest DiNozzo nearly a year ago. Despite the fact that he usually gave the former agent a difficult time, he had respected Tony's abilities as an agent. DiNozzo had been a hell of an investigator and even though his methods at times, had been unorthodox, the agent had always managed to get the job done and in the end, that was all that had mattered. Unfortunately, the system that Tony had always relied on to ensure that justice was adhered to, had failed him miserably; now the former NCIS agent was labeled as a criminal and was serving out a lifetime sentence for murder.
He hoped that one day he would once again get a chance to apologize to Tony for his part in this fiasco. Fornell had tried several times already but DiNozzo had continually reassured him that there were no hard feelings; in fact, the younger man had blamed himself, stating that he deserved everything that happened to him. Tobias could recall that particular conversation as if it were yesterday.
***flashback***
Fornell stood outside the temporary holding cell that Tony had been placed in during the initial investigation; he had promised Gibbs that he would keep an eye out for his boy and he intended to keep his word. DiNozzo was pacing the length of the small cell, something that, according to the guard, he had been doing ever since his arrival. Fornell could tell that the NCIS agent hadn't slept or eaten since this nightmare began.
"How ya doin', DiNozzo?" Fornell asked, purposely avoiding his usual over pronunciation of the agent's name. He usually did it to simply annoy the agent, but at the moment, Tobias felt that DiNozzo had enough on his plate without the added aggravation.
"Well, the bed's a little lumpy and the bathroom facilities need updating," Tony nervously replied. "But the view is great; I have a really good view of the port-a-johns at the construction site across the road. The manager of this place could charge extra for that luxury."
"Good to see you haven't lost your smart ass sense of humor."
"It's looking like it's the only thing I've got left, so I better hold on to it as long as I can."
He had to admire the younger man's tenacity. Anthony DiNozzo was holding on to that unrelenting faith he had placed in Gibbs to figure out who had framed him; unfortunately, as the days waned, so did Tony's chances of being cleared of the heinous crime he had been accused of. Fornell despised the part that he was playing in this drama; he knew DiNozzo was innocent but proving it was becoming increasingly difficult.
Tobias nodded towards the pizza box still lying on his cot. "I see Gibbs has been here."
"Yeah," Tony sighed. "I tried to eat a piece but it just came back up."
DiNozzo had just admitted to him that he had been sick; Tony's mask was slipping and Fornell wasn't sure what he would do if it fell away completely. Gibbs had often told him that there were many layers to Tony's persona and that very few people got to see the real Tony DiNozzo; his friend had also told him that if he ever did get a peek behind the walls that the dark-haired agent had erected, that he could consider himself privileged.
As he studied DiNozzo, he saw a man who was unsure of his future; the joking bravado that he engaged in was simply a ruse, hiding the fact that he was truly scared of what was to come. Clearing his throat, Fornell quietly asked, "Can I get you something else?"
Tony shook his head. "Not unless you want to give me the keys to the door so I can get out of here."
"Sorry, Tony. I can't do that."
The NCIS agent met his gaze. "I know. Just wishful thinking on my part."
"Look DiNozzo, we're doing our best to prove your innocence."
"I know," Tony conceded. "I don't know about Agent Slacks though; he's…"
"He's thorough," Fornell finished. "Slacks, I mean Sacks is a good agent; a bit high strung, but a good agent."
"I'm sure he is."
"Maybe one day, you'll get to work with him on a case and…"
"I don't think so," Tony blurted out.
"What do you mean?"
"I know things aren't looking good. I've been trying to come to terms with the fact that more and more it looks like I'm going to jail for a long time; I…"
He watched with interest as Tony sat down on the edge of his cot. "I guess I've also been trying to convince myself that I deserve whatever happens."
"Why do you say that?"
Tony raked his hands through his hair. "I don't think I'm supposed to be happy because every time I think I am, the rug gets pulled out from under me. I can pinpoint events all the way back to…" Tony blew out a long breath. "Sorry, I know you were trying to cheer me up."
Tony's revelation had left Fornell feeling awkward and unsure of what to say. Clearing his throat, he asked the only thing that he could think of, "Have you told Gibbs any of this?"
"Are you kidding? I already have a headache; I don't need a concussion on top of it."
Fornell smiled. It seemed that Tony was always the recipient of Gibbs' infamous head slaps. "Good point. Listen Tony, we're going to figure this out. You'll be out of here before you know it."
"I hope so, Fornell. I hope so."
***end flashback***
"Fornell?"
Pulling himself out of his reverie, he turned back around to face Sacks, who had apparently called out to him more than once. "Sorry, I was just thinking."
As he uttered his last words, the door opened and in walked Gibbs. Jethro's timing was once again impeccable. "That can be dangerous, Tobias," his friend quipped as he handed Fornell a file.
It had been a long time since he had seen Gibbs actually smile. Fornell found his own hope growing as he opened the file that the team leader had just given him. He skimmed its contents and then pulled out a chair and sat down. "I don't believe it," he muttered. "Sterling's a…"
"A murderer," Gibbs supplied. "It's time to nail his ass to the wall."
Fornell listened intently as Gibbs started reviewing the evidence and how Abby had put together the pieces of the puzzle. It was truly unbelievable how well thought out the elaborate scheme had been, and the fact that Charles Sterling had managed to so expertly fool them all was incomprehensible. The scientist's personal vendetta against DiNozzo had cost Tony more than a year of life. It had cost him his home, his career, his reputation, and many of his so called friends; maybe Sterling had achieved his goal after all. Even with the evidence that Gibbs had so carefully collected, it was going to be an uphill battle for DiNozzo to regain anything from his former life. He wondered if Jethro had any idea of the war that he was still going to have to fight; Fornell hoped that his friend was truly prepared to fight for Tony's soul.
Once again, I apologize for the delay. These end of school events, concerts, awards programs, etc. are wearing me out! 5 more days of school! Anyway, thank you for your patience and I hope you enjoyed the chapter. Thank you all for being such loyal readers.
Thanks to AZGirl for the beta; any remaining mistakes are mine. Again, thank you everyone for your support and encouragement.