PART 10

Tony watched as Agents Fornell and Sacks approached his bedside. He was wary of their presence; it was their investigation that had resulted in him being charged with murder and ultimately sentenced him to spend the rest of his life in prison. DiNozzo knew that Tobias had simply been doing his job and he couldn't fault the man for that; however, Sacks had been out to crucify him and Tony was having a hard time forgiving and forgetting.

"DiNozzo," Fornell greeted.

The fact that Tobias had forgone the usual over pronunciation of his name did little to quell the growing anxiety within him; perhaps he should have told his doctor that he wasn't up to seeing anyone. It wouldn't have been a lie; truthfully, he really didn't want to see anyone. Of course, he figured that it really didn't matter what he wanted; one of the first lessons that Tony had learned in prison was that the only things he was entitled to were three meals a day an cell. The thought of returning to that hell hole was not something he wanted to think about, but he knew that he couldn't escape from his reality.

"Fornell," he rasped, wincing at the soreness of his throat.

"I'd ask you how you're feeling, but you'd probably tell me you were fine."

"Might…as well be."

His voice betrayed the weakness that seemed to consume him. Tony refused to show any hint of vulnerability; he realized that no matter how much he was hurting, his life often depended on keeping his mask of indifference firmly in place.

"What…are…you doing here?" he wanted to know.

"Straight to the point," Tobias observed. "The older you get, the more you act like Gibbs."

Gibbs. Gibbs had been here. He had sat right beside him and told him…Tony's mind went blank. The injured man began to doubt himself. Had the team leader actually been here or had he been dreaming? A mixture of melancholy and regret flooded his soul as he thought about the man who had served as a father figure to him for the past several years. He had intentionally pushed the older man away in hopes of sparing his friend and mentor the pain of watching him rot in prison. Tony thought that he had been doing Gibbs a favor, but there were times when he doubted that he had made the best decision. His self-imposed isolation had cost him dearly; Tony had become hardened and distant, not caring whether he lived or died.

Fornell sensed the obvious discomfort that his words had caused Tony. "Do you remember Agent Sacks?" the agent asked in an attempt to change the subject.

Tony nodded as he mentally chastised himself to stay focused. He couldn't afford to let his attention waver even for a second. "Agent Sacks."

He ignored the silent exchange between the two agents; Tony wondered exactly what they were expecting from him. Avoiding the nickname that he had bestowed upon the younger agent had been purposeful; he had simply done this to reciprocate Fornell's earlier courtesy that had been extended to him. The old Tony that enjoyed laughing and teasing no longer existed. His emotions and feelings were now buried in a deep chasm, never to be exposed to the light again.

"Why…are you…here?" he asked once again.

"We're bearers of good news," Fornell exclaimed.

"What news?"

Fornell stepped closer and hovered over him. Tony visibly flinched, feeling smothered by the sudden nearness of the older man. He had become all too aware of the fact that any kind of physical touch usually resulted in pain, and even though his mind knew that Fornell wouldn't hurt him, Tony found himself unwilling to let his guard down for even a second.

Nonplussed by Tony's reactions, the FBI agent continued to explain his purpose for being in his room. "I know that Gibbs was here earlier and he told you that there was some new evidence to clear your name. I just wanted to let you know that we're in the process of reopening your case."

So, Gibbs really had been here. The fog that had been hanging over him seemed to lift as he began to vaguely recall the Marine's words. Despite the assurance that he hadn't been imagining Gibbs' presence, Tony still wasn't sure that he had fully comprehended what Fornell was saying. "What?" he asked.

"We've got evidence that supports the fact that you were framed. We have proof that Charles Sterling set you up."

Tony closed his eyes for moment in an effort to sort out his jumbled thoughts. He could now recall hearing Gibbs' voice uttering something similar; the two men had to be speaking the truth but sometimes the truth could be difficult to accept. Now was undeniably one of those times.

He licked his lips. "Chip? But why?" Tony suddenly wished that Gibbs was here. Despite their estrangement, he knew that the team leader could help him make sense of what was happening.

"We're still filling in a lot of the blanks," Sacks explained. "We can tell you that it seems like his motive was pure and simple revenge."

"I…I don't understand." Tony never personally cared for Abby's former lab assistant, but he still couldn't figure out why the man would want to frame him for murder. He had so many questions running through his mind that needed answers. "What…but how? How did…he do it?"

"He was very careful. Abby was the one that found the discrepancies in some of the tests that Sterling had run; there's also some incriminating video where he basically confesses to setting you up. We're working around the clock to figure this out and we're going to get to the bottom of this," the taller agent promised.

"Is…this…for real?"

"It's for real, Tony," Fornell assured him. "You're going to be a free man."

Tony shook his head. He was definitely having a difficult time processing everything. The former agent knew that he should be ecstatic, but his gut was telling him to remain cautious. He had literally dreamed of this day for months, but had finally accepted that he was condemned to spend the rest of his life in prison. He realized that Fornell wouldn't lie to him, but he no longer had the capability or desire to trust anyone; the past year had taught Tony that the only person he could rely on was himself and there were some days that he was reluctant to even do that.

"You okay, DiNozzo?" the FBI agent tentatively inquired.

Tony still wasn't sure what he was supposed to say. There were so many conflicting emotions churning inside him that he couldn't begin to describe what he was feeling. The pain that was still plaguing him was preventing him from completely absorbing the news that Fornell had just delivered; he needed time to determine what he was supposed to do. "Yeah," he finally managed to reply.

"You sure?"

He closed his eyes as a wave of pain crashed over him. Tony blew out a long, drawn out breath, taking a minute to slip his mask back into place. Once again, meeting Fornell's gaze, he silently debated asking the one question that he had been avoiding ever since he had awakened from his drug induced slumber. Now that he knew that Gibbs had truly been in his room, he summoned the courage to ask, "Where's um…where's Gibbs?"

"He'll be back soon," Tobias answered. "He went to the prison to…"

"What?" The last thing he wanted was for his former boss to start asking questions at the prison; so much had happened during the past year, and he would prefer that no one, especially Gibbs, find out the truth. He struggled to sit up but his battered body screamed in protest.

"Easy, DiNozzo. What's wrong? You want me to call Gibbs?"

Tony nodded. The fear of Gibbs finding out about the hell his life had become was greater than the fear he had of seeing the Marine once again. If the agent wanted to know about his time in prison, it was going to be on his terms and not part of an investigation.

"All right," Fornell soothed. "I'll call him, but you have to relax or your doctor isn't going to let you talk to anyone."

"Call him," Tony pleaded. "Please."

Knowing Fornell was right, he slowed his breathing as the FBI agent pulled out his cell phone and stepped outside his room with Sacks in tow. He clenched the sheet, ignoring the pull of his IV. Tony had no idea what he was going to say to Gibbs, but at least the Marine wouldn't be at the prison, opening up old wounds that had truly never healed.

DiNozzo still wasn't completely convinced that he wasn't dreaming; he wouldn't be surprised if he woke up to discover that everything that had just happened was just an extension of the nightmare his life had become. Hope had abandoned him the day that he was pronounced guilty and he hadn't dared to try and hold on to it. Now that it was returning, Tony wasn't sure if he would be able to permit himself to embrace it; the possibility of opening himself up for that kind of heart wrenching agony once again was too much to bear.

XXXXXXXXXXXXXXXXXXXX

Gibbs had ordered Warden Phillips and Carl Banks to be taken into custody and out of his sight. It was taking every ounce of restraint that he could muster not to tear the two men to shreds. He figured that the rest of his team would have helped him bury the bodies and hide the evidence, but death was too good for them. They, along with Charles Sterling, needed to suffer for the hell that they had put DiNozzo through.

He had instructed McGee and Ziva to escort their prisoners to NCIS and wait for Fornell. With the exception of the notes he had taken while interrogating Phillips and the separate file that the Warden had kept on Tony, he had sent most of the evidence that they had collected with his other two agents. After listening to Phillips gloat about the pain and humiliation that DiNozzo had been forced to endure, Gibbs had decided that there were some things that didn't need to be made public knowledge. Although he knew that he was withholding evidence, he felt he was justified in doing so; he had failed to protect Tony once and to do so again was not acceptable.

Glancing at his watch, he muttered a curse as he gathered his notes and headed towards his car. He hadn't intended on staying so long, but he had to make sure that all the bases were covered; Gibbs was not going to screw this up because of some technicality. He was forced to ignore the voice in his head that reminded him that he was withholding some evidence. Gibbs knew that they had enough to prosecute Sterling and the others without the file he had taken—he would make sure of that. The team leader had promised Tony that he was going to be a free man and he fully intended to keep his word.

He got in his car and pulled out of the parking lot, heading back to the hospital. His thoughts were mulling over everything that he had just learned; Gibbs was beginning to understand why Tony had been determined to keep him at arm's length. He still wished that DiNozzo would have let him know what was going on; maybe he couldn't have stopped it, but he could have helped share the burden that Tony had taken upon his shoulders.

Who was he kidding? Tony had tried to tell him that his presence just made things worse; maybe if he had listened, then the younger man would have been spared some of the torment he had been subjected to. Why didn't he listen to DiNozzo? He tamped down his guilt, knowing that Tony didn't need his pity or regrets; Gibbs knew that he had to concentrate on making sure that nothing stood in the way of DiNozzo's freedom.

The ringing of his cell phone forced him back to the present. Pulling his phone out of his pocket, he gruffly answered, "Gibbs."

"Where are you?" Fornell wanted to know.

"Good to see that you've learned to dispense with the pleasantries, Tobias," Gibbs shot back. "I'm on my way to the hospital."

"DiNozzo's awake and he wants to see you."

Gibbs was taken aback by Fornell's declaration. Although Tony had been awake earlier when he had visited earlier, the team leader wasn't sure how much his former agent had managed to comprehend. The fact that DiNozzo wanted to see him was both a surprise and a relief. His foot mashed down on the accelerator as he sped towards the hospital, hoping that Tony wouldn't change his mind by the time he arrived.

"How's he doing?" Gibbs asked.

"He's fairly lucid. He seemed to understand what was happening and that we had evidence that could clear him, but I'm not sure he believes it. One thing I am sure of is that he's wary of us being here."

"Us?"

"Me and Sacks. I think we're bringing up too many bad memories."

"You helped put him prison, Tobias; I don't think he's going to let that go," Gibbs pointed out. Tony and Fornell had always tolerated each other, but his senior field agent and Sacks had clashed from the beginning. Gibbs had briefly wondered if one day, DiNozzo and Agent Slacks, as Tony called him, would share a friendship reminiscent of his and Fornell's; maybe someday he would still get the opportunity to find out.

"He definitely doesn't trust us."

"Can't blame him there," the team leader countered. Even before his time in prison, trust didn't come easily to Tony. Maybe because everyone that Tony had faith in ended up letting him down; unfortunately, Gibbs could add himself to that list.

"Neither do I."

"I'm pulling in the parking lot now. Tell him I'll be right there."

Gibbs hung up and slung his phone onto the seat beside him. Throwing the car in park, he got out of it, and raced towards the entrance, not wanting to waste any time. Instead of waiting for the elevator, he took the stairs two at a time until he reached the floor that Tony's room was on. Striding down the hall, he saw Agent Sacks standing just outside of DiNozzo's room.

"Fornell's in there," Sacks stated. "He said he didn't want to leave DiNozzo alone."

Not caring if he acknowledged Sacks or not, he walked into Tony's room to see Tobias sitting by his bedside. Gibbs joined him, his eyes riveted to the seemingly dozing form of DiNozzo. "Is he back asleep?"

"No. I think he's playing possum," Tobias informed him. "I think it's his way of ignoring me."

Gibbs placed a hand on Tony's shoulder, mindful of the bruises that adorned the injured man's body. "DiNozzo?" he quietly called out.

He breathed an inward sigh of relief when Tony opened his eyes and met his concerned gaze. The emptiness of DiNozzo's soul was evident by the haunted expression that he wore; since talking with the Warden, Gibbs had a better understanding of why Tony had changed so much. There wasn't anyone who could go through the hell that DiNozzo had gone through and remain unaffected. The team leader understood now that the physical and emotional changes that Tony was exhibiting were a result of necessity; prison was a game of survival of the fittest and it was one that his former agent apparently refused to lose.

"Gibbs," Tony whispered.

The Marine smiled at his friend, hoping to put the dark-haired man at ease. He could easily sense that Tony was guarded and Gibbs realized that there weren't any words that he could utter that would convince DiNozzo that he was safe. The older man couldn't help but wonder if there would ever be a time when Tony would know that he could feel secure; Gibbs also had to consider the reality that the man who once served as his senior field agent no longer existed.

"Sorry I wasn't here," Gibbs apologized. "I thought I had time to…it doesn't matter, I guess. How ya doin'?"

"Fine."

The monosyllabic answers that Tony provided only exacerbated Gibbs' worry. Glancing over his shoulder, he motioned for Fornell to leave; hopefully with the FBI agent out of sight, DiNozzo would be more inclined to talk. Then again, he could be in for a one sided conversation.

"Do you remember me being here before?" the agent wanted to know.

"Kinda."

"Do you remember me telling you that you were gonna be a free man?"

"Yeah. Thought I was dreaming until Fornell said the same thing."

Gibbs was grateful that Tony was actually talking to him now; it was definitely an improvement. "We've got enough evidence to clear you; I'm going to call your lawyer and have her reopen your case."

Tony tiredly sighed. "I still don't understand why Chip would do this."

"We're going to find out why," Gibbs vowed. "We've also arrested Carl Banks and Warden Phillips; we have them up on conspiracy, assault, falsifying records, attempted murder, and whatever else I can throw at them. They'll be put away for a long time."

He used to always know what Tony was thinking, but right now, Gibbs couldn't even fathom a guess. DiNozzo's mask was firmly in place; the hurting man was determined to keep his emotions in check.

"Will I have to go back to prison when…I leave here?"

Gibbs knew that it was a possibility until they had managed to present their case to clear Tony's name, but he had planned to do everything in his power to prevent DiNozzo from having to go back to prison. It was time that Tony escaped from this nightmare that he had been forced to live this past year. "I…I'm going to do everything in my power to make sure you don't have to; I'll know more when I talk with your lawyer."

"I can't pay her."

"You won't have to; I have a feeling that she's going to take great pleasure in presenting this new evidence and clearing your name. "

"I'm not a charity case, Gibbs."

"It's not charity, DiNozzo; it's justice."

The team leader had to admit that he was unnerved by Tony's seemingly calm acceptance of what was going on; Gibbs had figured that the younger man would have some questions or comments to add, but Tony had remained passive and quiet. He decided that he would call Tony on his unusual behavior. "Tony? Do you have any questions about what's going on?"

"Nope."

"I figured you would be a little more excited."

He watched Tony close his eyes as if he were trying to block out the world. "I keep waiting," Tony rasped.

"Waiting for what?"

Tony opened his eyes but avoided meeting Gibbs' gaze. The agent felt the knot in his gut pull tighter as DiNozzo painstakingly replied, "The other shoe to drop."

His friend was convinced that this was all a ruse and that there was no use in getting his hopes up. Truthfully, Gibbs couldn't blame him. Before him was a man who had always been forced to fight against the odds to prove his worthiness; Tony had only relied on himself until the two of them had met in Baltimore and forged the beginnings of a partnership and a friendship. This past year in prison had forced him to revert back to survival mode and Gibbs knew that at the moment, Tony didn't trust anyone, including him.

"I've got your six, Tony," he promised. "I've got your six."

Tony didn't acknowledge Gibbs' heartfelt oath; of course, he didn't expect an affirmation. He knew that he couldn't push DiNozzo; the Marine knew that he would have to take things slow and rebuild that ability to trust that had been shattered by the harshness of prison. "Can I get you anything?" Gibbs asked.

Still refusing to look at him, Tony replied with a question of his own. "What did you find out…at the prison?"

He considered head slapping himself for not realizing that Tony would be worried about what he discovered from the interrogation of the Warden and Officer Banks. Gibbs knew that there were things that DiNozzo wouldn't want anyone to know about; he knew that if their positions were switched that he would move heaven and earth to keep the past hidden. "I'm not gonna lie to you, Tony; I interrogated the Warden and read…"

Tony's cheeks flushed bright crimson. "Forget I asked," he growled. "Just forget…I asked and you forget…"

Gibbs knew what Tony was asking of him. He wanted him to ignore everything that he had learned in order to keep what little pride DiNozzo had left intact. "No one else saw the records and I…"

"Just forget it," Tony forcibly reiterated, his jaw tightly clenched.

DiNozzo pulled away as Gibbs gave his shoulder a gentle squeeze. Why did he, even for a moment, think that things were going to be like they once were? Securing Tony's freedom wasn't going to be as hard as securing his trust. Gibbs definitely had his work cut out for him, but he was willing to face Satan himself to save Tony; he just hoped that DiNozzo wanted to be saved.

Thank you, my loyal readers for your patience. It's a bummer having to share a laptop with your teenage son! It has cut down on my writing time somewhat, but please know that I haven't forgotten about any of my stories. It may just take a while to get updates out. Maybe Santa will bring me one for Christmas! LOL Anyway, I hope you enjoy the post and a special shout out to AZGirl for the beta!