Part 12

Gibbs had lost count of how many cups of coffee he had consumed in the past few hours as he continued his bedside vigil. Despite DiNozzo's insistence on being tired and supposedly wanting to go to rest, it had taken him a while to truly give up the battle for sleep. The team leader had allowed Tony to continue in his ruse until he finally drifted off; he knew that his former agent was overwhelmed by everything that had happened and needed time and space to process everything. Truthfully, Gibbs needed this time as well. Time had finally slowed enough for him to catch his breath and consider what still needed to be done.

Of course, his next step would depend on what Tony's attorney had to say. He knew she was trying to meet with a judge to present the new evidence that had been collected; she was also going to also ask for Tony to be released into his custody until a new hearing could be arranged. Gibbs hadn't revealed this to DiNozzo just yet; even though he had promised Tony that he wasn't going back to prison, the Marine figured that it wasn't a good idea to get his hopes up yet.

Hope. Hope was something that had been nonexistent for quite a while; it was evident that Tony had lost faith not only in himself, but the justice system and everyone around him. If Gibbs were honest with himself, he had lost hope as well. The confidence that he had possessed during the early days of the investigation had waned and he had become discouraged; his dark mood spilling over into every aspect of his life. Work had lost its zeal and his personal time had been dedicated to running down leads; he had neglected his hobbies and the boat he had been building had remained untouched for a year. Now, for the first time in a long time, he could permit himself to feel a modicum of optimism.

His gaze was riveted to the rise and fall of Tony's chest. Gibbs was grateful that DiNozzo no longer had to be on the respirator, but his breathing was still a little ragged. The bruises that adorned the younger man's face were deepening and would more than likely look worse before they looked better. The physical wounds would heal, possibly leaving a few scars; it was the emotional wounds that would take a long time to heal, if they truly ever did.

He had vowed to help Tony every step of the way and he would do everything within his power to keep his word. Gibbs also knew it wasn't going to be easy; Tony had a lot of demons to conquer and because of DiNozzo's penchant for wanting to be alone, the odds were not in their favor. "You're going to have to help me out here, DiNozzo," he whispered.

Gibbs stood up and walked over to the window. Part of him wanted Tony to wake up so they could talk some more and part of him was glad that he was sleeping. He wondered when was the last time DiNozzo had been the recipient of a good night's sleep; after discovering what had happened to him in prison, there wasn't a doubt in Gibbs' mind that Tony had been forced to sleep with one eye open.

He was forced back to the present by the sound of several familiar voices filtering down the hall. "Damn," Gibbs muttered under his breath as he strode over to the door. Stepping out into the corridor, he pulled the door behind him as he met the trio approaching Tony's room. He understood their desire to see DiNozzo, but he also knew that this was definitely not a good time.

The team leader knew that Tony probably wasn't ready to be bombarded with well-meaning visitors, even if they were friends. DiNozzo had not only isolated himself from Gibbs, but from everyone else on the team; it would take some time before the younger man would be comfortable around his friends again. Truthfully, Gibbs wasn't even convinced that Tony wanted him around, but DiNozzo was tolerating his presence—at least for the moment.

He nodded to the guard who was still stationed outside of Tony's room, silently indicating that he would handle his team. Ever since their first altercation, the officer had been much more amenable to Gibbs' comings and goings; hopefully if Tony's lawyer was successful, the guard's services would no longer be necessary. Turning his attention back to McGee, Ziva, and Abby, he mentally braced himself for the battle that was about to ensue; they weren't going to be happy with what he had to say, but they had to understand that they were going to have to tread lightly around Tony. DiNozzo didn't trust anyone, including him, and it was going to take time to rebuild what had been lost.

"Gibbs!" Abby excitedly exclaimed, gracing him with a kiss on the cheek.

"Abs," he quietly replied. "What are you all doing here?"

"We came to see Tony!"

"We thought he could stand seeing a few more friendly faces," Ziva added.

"Not that yours isn't friendly, Gibbs," Abby quickly interjected. "But, sometimes…well, you know what I mean. Besides, we want to let him know that we're here for him."

Under any other circumstance, Gibbs knew that Tony would appreciate the sentiment, but so much had changed in the last year. Seeing DiNozzo would be nothing short of a shock to them; he knew because it had been for him. He looked nothing like the Tony DiNozzo that they knew. Even though his body was battered, it was still obvious that he was much more toned that he used to be, his hair was longer, and his eyes were cold, lacking the warmth and sincerity they used to possess.

"I'm sure he already knows that, Abs," Gibbs stated. "He's asleep right now; maybe you guys can come back later." He hoped that Abby took the hint, but he had a feeling that her desire to talk to DiNozzo was going to influence her judgment.

"We won't stay long and we won't wake him up, Gibbs. We just want to see him. It's been a long time and…"

He gave the scientist a hug and kissed her on the forehead. "I know, Abby. Give him a few more days; he's still pretty weak."

"A few more days? Gibbs, please. Just let us see him for a minute," she pleaded. "We'll even go in one at a time!"

"How's he doing, Boss?" McGee asked, providing Gibbs with a brief distraction.

"He's pretty weak, but I guess that's to be expected. Along with a severe concussion, he's got some broken ribs and a broken wrist; his shoulder and knee are messed up and he had some internal bleeding, but they managed to stop that. Between his injuries and everything that's happened, Tony's feeling a bit confused."

"All the more reasons he needs to see his friends," Abby pointed out.

"Abby, not now," he repeated, his tone sharper than he normally used with the young woman. The last thing that he wanted to do was hurt Abby's feelings, but right now, his priority was Tony and making sure that he wasn't too overwhelmed as he was slowly reintroduced into the life that he had left behind.

"But Gibbs…"

Abby's pleas were interrupted by a crash coming from Tony's room. Gibbs pushed past the officer and rushed into the room to find DiNozzo struggling to sit up and everything on the table beside him was on the floor. Monitors were blaring as Tony looked prepared to fight; his dark gaze was scoping out the room as the anger etched in his bruised features finally gave way to confusion. The team leader rushed over to the bedside, silenced the alarm, and helped Tony lay back down.

"Take it easy, DiNozzo," Gibbs quietly urged as a nurse entered the room. He watched the young lady check Tony's IV's and vital signs.

After a few minutes, the nurse seemed satisfied that overall, Tony was all right. "You're a little clammy and your vitals are a little elevated, but I don't think that there's any new damage. The doctor will make his rounds within the hour, so he can follow up and make sure you're doing okay. Did you have nightmare?" the nurse asked.

"No," Tony hastily answered. "Just tried to reach my water and…knocked it off."

Gibbs knew that Tony was lying, but was not about to call him on it while the nurse was still in the room. The Marine knew all too well the signs of a nightmare; aside from his vital signs, the wild eyed expression and the thin sheen of sweat dotting DiNozzo's forehead was a dead giveaway.

"All right," she conceded. "I'll get someone in here to clean this up and get you a fresh pitcher of water."

Tony nodded his thanks, his wary gaze following the nurse as she left his room. Gibbs moved back to his side. "Sure you're all right?"

"I'm fine."

He could tell by DiNozzo's strained voice that he was in pain. "Tony, I…"

"I just knocked my damn water off!" Tony snapped. "Just…let it go, Gibbs."

The agent wished that Tony still trusted him enough to open up to him; it was going to be a long time to rebuild what had been shattered by circumstances beyond their control. "I'll listen when you're ready."

Tony visibly bristled. Gibbs glanced over his shoulder to see the guard standing just inside the door, his hand on the hilt of his gun. "Everything all right in here, Agent Gibbs?" the officer asked.

The agent sensed the combination of fear and rage radiating from DiNozzo. The appearance of the uniformed officer had clearly upset him. He hoped that Tony didn't feel like Gibbs was going back on his word and that he was going to have to go back to prison. "What's he doing here?" the injured man wanted to know.

"He's leaving," Gibbs assured him. "He won't be around much longer; as soon as your lawyer gives the word."

Thankfully, the guard didn't offer a protest as he hurried out of the room. Gibbs turned his attention back to Tony, who was desperately trying to bring his emotions back under his control. The silence between them was awkward, but the team leader had to take things slow; he suddenly found himself thankful for his sniper training where patience had been instilled in him. During the present moments of forced solitude, housekeeping had cleaned up the floor and the nurse had brought him a new pitcher of water. Gibbs poured a glass for Tony and held it out to him.

Tony had stared at him and then at the glass as if he were deciding if he could accept it or not. "It's just water, Tony," Gibbs said.

DiNozzo shakily took the glass with his good hand, prompting Gibbs to help him. He took a sip and indicated that he didn't want anymore. "Thanks," Tony mumbled.

"You're welcome."

Tony's eyes were now fixed on the ceiling. "I uh…I was dreaming," the young man began. "I was dreaming about…

Gibbs muttered a curse under his breath as a knock at the door interrupted Tony. There wasn't a doubt in his mind who was at the door. He had a feeling that Tony was actually going to talk to him and now, that opportunity was more than likely lost due to the inability of his team to follow orders. Gibbs walked over to the door, purposefully blocking Abby from entering the room.

"Abby, I told you this wasn't a good time," he reminded the young woman.

"Please, just a few minutes, Gibbs," she pleaded.

"No, Abby!"

She was once again taken back by his gruffness, which prompted her to venture down a different path. "Would you at least ask him if he wants to see us? Let him make the decision."

"And if he says no?"

"We'll leave."

Gibbs blew out a frustrated breath. "Stay here." He had a feeling that he was about to make a huge mistake; this was too much too soon. However, so much had been taken away from Tony and he was not about to take away DiNozzo's right to make his own decisions.

He closed the door and approached Tony's bedside once again. "Hey, Tony?"

"What?"

"Abby, McGee, and Ziva are…"

Tony didn't give him an opportunity to finish his sentence. "No."

"They just want to see you for a few minutes."

"I said no," Tony repeated through clenched teeth. "I don't want to see them."

He nodded at the expected response. "I'll tell them." Gibbs was not going to push Tony on the issue of seeing his friends. At least now, he could honestly tell Abby that it was DiNozzo's decision.

Gibbs walked back over to his team. He opened the door and stepped out into the hallway. "He said no."

Defeated, Abby leaned against McGee, who put his arm around the scientist. "It's okay, Abby," Tim soothed. "He just needs some time."

Gibbs was grateful that McGee seemed to be able to soothe Abby. The two had a special relationship and he knew that their friendship would continue to evolve into something much more. Reluctantly, Abby handed Gibbs the gift bag she had been holding. "Can you give this to Tony?"

"Yeah," he answered, taking the bag. "I promise I'll let you know when you can see him. It won't be forever, Abs."

"I know. I just…I was responsible for sending him to prison and I…"

"And you were responsible for getting him out. He knows that. Just give him time."

Abby nodded and Gibbs placed another kiss on her forehead. "I'll call you later," he vowed.

He watched as the trio slowly made their way down the hallway. As Gibbs turned to go back into Tony's room, he glared at the officer still stationed outside the door. "You were going to let them in," he observed.

"Well, I…uh…wasn't," the guard stammered, "but that crazy chick with the accent threatened to…"

Gibbs inwardly smiled. Ziva certainly had a way with people. "No excuses, Officer. You're supposed to be standing guard, not giving in to the demand of beautiful women."

He didn't wait for the guard's response as he walked back into Tony's room. The tension that was emanating from the other man was palpable. "They're gone," he announced.

"Good."

"You can't avoid them forever."

DiNozzo's only response was a noncommittal grunt. Gibbs saw that Tony's sheet was wadded up in his fist and his jaw was still firmly clenched. He glanced up at the monitors to check his vital signs. They were still too high; the team leader recognized the fact that Tony was doing his best to not give in to the pain that was obviously consuming him.

Gibbs set the bag down that Abby had given him on the foot of the bed. He pushed the call button for the nurse; he couldn't stand to see the son of his heart suffering. "Why didn't you say something, Tony? You can't get better if you're constantly fighting against the pain."

"Had…worse," he gasped. "Need…the pain."

"What? That's crazy, Tony. I'm not going to let you lie here in pain."

Tony let out a string of expletives. Gibbs refused to back down from the harsh glare that DiNozzo was now directing towards him. "It's…my choice…Gibbs."

He wanted Tony to have the freedom to make his choices, but not at the expense of his health. The agent was going to have to live with his hypocrisy. "Not this time, Tony," Gibbs said as the nurse entered once again. "He's in a lot of pain."

"I've been watching his monitor from the nurse's station," she informed him. "He's due for his meds; I'll go and get them and page the doctor and see if I can hurry him up."

"Thank you."

Gibbs placed his calloused hand on top of Tony's and was more than surprised when Tony latched onto it. He realized that because of the pian, DiNozzo probably wasn't even aware of what he was doing, but, Gibbs would take what he could get. "Hang on, Tony."

The team leader continued his mantra as the nurse left and returned with his pain medicine. Within a few minutes, the pinched expression that Tony had been wearing began to ease as the medicine took effect. It didn't escape his notice that DiNozzo still hadn't let go of his hand. He had failed him so many times over the past year that it felt good to be able to do something for Tony, no matter how small.

The vibration of his cell phone disrupted the moment. He pulled out the phone and glanced at the caller ID; it was Tony's attorney and it was the call he'd been waiting for. Fortunately, the doctor entered and motioned for Gibbs to step aside. "I'll be right back, Tony," he promised.

As soon as he was out in the hall, he answered, "Gibbs." The agent listened carefully as Tony's lawyer gave him the news that he wanted to hear. The judge was reopening the case and had granted Gibbs custody of Tony; that meant that DiNozzo was not going to have to go back to prison. The only bad part was that he was going to have to go and sign some papers for Tony's release; he didn't like the thought of leaving DiNozzo alone, but hopefully he would sleep while he was gone.

He slipped his phone back in his pocket and stepped back inside the room. The doctor was just finishing with his examination and Tony appeared to have drifted off to sleep. "How is he?"

"He's doing all right," the physician stated. "Tomorrow I'm going to take another x-ray of his knee to see if we need to do surgery; the knee is looking better, so I hope we can dodge that ball. As long as we can stay on top of his pain, in time, he'll be fine."

Gibbs nodded approvingly. "That's good."

"I'll check back in on him before I leave."

The team leader shook the doctor's hand and went over to Tony's side. DiNozzo opened his eyes and closed them again. "Hey Tony," he quietly called out to him. "I've got some good news; Ms. Dylan came through. The judge has agreed to look at your case again."

"Do…I have to go back?" Tony sleepily asked.

"Nope. You're stuck with me."

Tony didn't say anything and Gibbs wasn't sure that the younger man had even heard him. After a few seconds, the agent realized that DiNozzo had drifted off to sleep. "We'll talk later," he promised. When he returned, he would have proof of custody and maybe that would convince Tony that his trust wouldn't be misplaced in the team leader.

XXXXXXXXXXXXXXXXXXXX

Abby had told McGee to take Ziva home and then come back and get her; she had decided to go to make a few visits in the pediatric ward, hoping to take her mind off of Tony. The scientist volunteered at least once a week to come and visit the kids who were in the hospital and now that Tony was about to be exonerated, she hoped to do even more volunteer work.

Once again her thoughts drifted back to her friend. She desperately wanted to see him, but he didn't want to see her. Of course, she couldn't blame him; she had processed the evidence that had sent him to prison and he would probably never forgive her. But then again, he hadn't wanted to see Ziva or McGee either; maybe Gibbs was right and he just wasn't ready to be bombarded with visitors.

She had finally ended up on the hallway where Tony's room was located in time to see Gibbs heading towards the elevator. Abby hurried towards her friend's room in hopes that he would change his mind. She smiled at the guard and asked, "Um, where did Gibbs go?"

"I don't know. He got a phone call and then left soon after," the officer replied.

"So Tony's alone?"

"Yes ma'am."

"I'm just going to go in and say hi."

"I'm not supposed to let anyone but Agent Gibbs and the medical staff in, but…"

Abby took a step closer to the guard. "Do you remember what Ziva said she would do to you? Well, I can hide the evidence so no one will ever find out what happened to you."

"Ma'am. I can't…"

"Please, you don't understand. He's my friend and I'm the one that sent him to prison, but I found the real murderer and now he's going to be set free. I just want to tell him how sorry I am and that I'm going to help him…"

She didn't get a chance to finish her diatribe. "All right!" the officer exclaimed. "But if Gibbs catches you, then…"

"I'll handle Gibbs. He never stays mad at me for long," she pointed out.

"All right, I'm going to go to the nurse's station right over there and get some coffee, so I'm not going to see you go in. Got it?"

"Got it and thank you."

She waited for him to turn his back to her, opened the door and went in Tony's room. As she closed the door behind her, she quietly started walking towards the bed. Abby stopped in her tracks when she got a good look at the man lying in the bed. Bruises littered a rugged face, with hair lying haphazardly on his pillow. The bandages couldn't hide the muscles that had developed over the last year, nor could they disguise the scars that he now bore. This wasn't Tony. It couldn't be. "Oh, my God,Tony!" she whispered. "What have they done to you?"

Happy New Year! Hope everyone had a great holiday season! I know I did! I was busy, I certainly know that. Took a nice break to be with the kids, but they hogged the computers! So, long story short, took a while to finish my posts. I have updated both stories so I do hope you enjoy them!

By the way, I'm the proud mom of an Eagle Scout now! My son received his Eagle Scout rank in December! As always, thank you for your patience and your loyalty! I do appreciate it!