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Overcoming our Past

(We’re coming in for a landing!  Seat backs and tray tables must be placed in their upright and locked positions.)

The Case, the Trial, the Verdict

(Sorry if any of the legal proceedings are not exact, they work for this story.)

Chapter 5

The Case

As if DOD Inspector General Investigator Parsons wasn’t enough, here we have another arrogant official trying to ‘make his bones’ by destroying the career of one Leroy Jethro Gibbs.  

Prosecutor Connor Davies is trying to make a name for himself and totally disregards Gibbs’s great record of service.  He pursues this case, one based upon hearsay, innuendo and an NCIS report sent to Mexico that no one can seem to find.  Davies figures that he has momentum because this case made it to the indictment stage and he is confident that he will win.

What Mr. Davies does not realize is that there are already forces in play to derail his victory.  Although no one wants this case to come to trial, after careful consideration, maybe a trial is just what is needed to put this ‘ghost’ to rest.

The defense team is lead by Attorney Allison Hart with second chair filled by former JAG attorney Barton Thorpe.  Providing advice, off the record, is Rear Admiral A.J. Chegwidden, JAGC, USN Ret.  He served as Gibbs’s attorney when Parsons investigated Gibbs regarding the Bodnar matter.

The NCIS forensics report is the linchpin to this case.  Without the report in hand Prosecutor Davies subpoenas Abby to testify to its content.  Unfortunately for the prosecution, Ms. Sciuto is out of the country and her current whereabouts are unknown.  The authorities will not delay the case to find her and so the trial begins.

The defense team maneuvers for a favorable judge.  Jury selection leans toward those who have lost loved ones to violence but the perpetrator was never brought to justice. Even with the favorable judge and jury the defense still has to anticipate the prosecution’s strategy.  They cannot afford to have any surprises.  All of their witnesses are instructed to tell the truth to any questions that are asked.  No one is to risk a charge of perjury.  They are also told not to volunteer any information. If the prosecution doesn’t ask a question, do not give an answer to an unasked question.

xXxXxXx  

The Trial

Prosecutor – “Director Vance the report was completed during your tenure.  Did you not read it before it was sent to the Mexican authorities?”

Vance – “No I do not read every report completed by my agency.  In anticipation of your question, Mr. Davies I can provide to you a sample of a listing of ‘courtesy’ reports that NCIS completes for other agencies, departments, allies, etc.  Of course it will be redacted.”

Realizing that is not the answer that he was expecting, Prosecutor Davies proceeds.

Prosecutor – “Did you read that report?”

Vance – “No.”

Prosecutor – “Director Vance, you want this court to believe that you did not read the report completed by NCIS Forensic Specialist Abigail Sciuto?”

Attorney Hart – “Objection Your Honor.  Counsel is badgering the witness.  Director Vance has answered the Prosecution’s question.”

Judge – “Objection Sustained.  Prosecutor Davies move on to your next question.”

Prosecutor – “No further questions of this witness Your Honor.  The State calls Alejandro Rivera.”

The courtroom draws silent as Rivera enters dressed ‘to the nines’ in a well tailored suit and clean from head (well coiffed) to foot (well shod).  The prosecutor’s questioning of Rivera concentrates on why he contends that the defendant, Jethro Gibbs, killed his father and on what proof can he provide.

Rivera’s testimony does do some damage to the defense’s case in that Rivera raises the ‘conspiracy theory’ that everyone is trying to protect Gibbs instead of doing what is just.

Attorney Hart’s cross-examination reveals Rivera’s own orchestrated vendetta against Gibbs for an ‘alleged’ crime.  She cites the attempt by Rivera’s sister to kill Agent Gibbs’s father.  Then Attorney Hart asks Rivera a question that blows the entire case out of the water,

Hart – “Mr. Rivera why did you ever suspect that Agent Gibbs killed your father?”

Rivera – “Because Gibbs believed that my father ordered the deaths of his wife and daughter.”

Hart – “How do you know that?  You were a young man, barely a teenager, how would you know anything about that?”

Rivera – “One of my father’s associates told me.  Everyone knew that it was true.”

Hart – “If everyone knew that it was true then why did your government not wish to prosecute for the murder of one of its citizens?  And by the way, which of your father’s associates told you about this?”

Rivera – “Almeida Rubin told me.  My government did not look favorably upon members of the cartel so no they would not pursue such a case.”

Hart – “Did I hear you correctly that Almeida Rubin told you that Mr. Gibbs killed your father?  Was this the same Almeida Rubin who was also a member of the Reynoso Cartel and one of your father’s staunchest opponents for leadership?  This man who would gain everything from your father’s death told you that an American killed your father.  Why would he do that Mr. Rivera?”

Rivera – “Because it was true.  If you would just get Ms. Sciuto’s report it will prove that what I say is true.”

Hart – “Before we move on to that Mr. Rivera, let me make certain that I clearly understand what you have said. Mr. Almeida Rubin, a known enemy of your father, told you that an American killed your father.  Did he have any proof of that?  And you said that your own government would not pursue such a case but you served as a member of your government and used your position in order to pursue this case for your personal benefit.”

With that said Attorney Hart enters into evidence exhibits – Mexican documents confirming that the Mexican government closed this case years ago.  Verification that Mr. Rivera had no governmental authority to make any request to NCIS to provide any such report on a ‘closed’ case.  An affidavit by a member of Almeida Rubin’s organization that Rubin himself ordered the death of Pedro Hernandez in order to solidity his leadership position in the cartel.

Hart – “One last question Mr. Rivera.  After your father’s death who assumed leadership of the cartel?”

Rivera – “Almeida Rubin.”

Hart – “Thank you Mr. Rivera.  No further questions”

Prosecutor Davies calls more witnesses all in an effort to show that Gibbs killed Pedro Hernandez in retaliation for the deaths of his wife and daughter.  Davies again cites the missing report, the conspiracy theory, the blatant disregard for authority that characterizes Gibbs’s approach to this job.

In an effort to elaborate on that factor (as if Gibbs’s job approach is on trial) Davies calls to the witness stand DOD Investigator Richard Parsons.  Having read about Parsons’ dismantling of Gibbs’s team the prosecutor thinks that now he will be able to destroy the persona of Gibbs as a hardworking government employee and show him as a man with his own rules and with total disregard for the rules and one to take the law into his own hands.

Unfortunately the prosecutor evidently didn’t read the ‘addendum’ because Parsons has nothing but good things to say about Gibbs’s dedication to service to his country, first as a Marine and now as a member of NCIS.

Both sides present their closing arguments and the jury deliberates.

xXxXxXx  

The Verdict

Court is called into session.  The jury walks in and the verdict is presented to the judge.  Participants on both sides are silent and all look ahead at the jury and the judge.  Everyone holds their breath waiting for the announcement of the verdict.

The Judge says, “You may read the verdict.”

“Your Honor, the members of this jury find the defendant NOT GUILTY.”

The Judge asks, “So say you all?”

The entire jury responds,  “Yes Your Honor.”

The Judge declares, “This court is adjourned.”

Prosecutor Davies decides to set his sights on some other case on which he can excel and make a name for himself.

Gibbs’s camp does not celebrate.  They are neither jovial nor gleeful.  They are all relieved.  They can now finally breathe.

xXxXxXx  

Everyone meets later at Gibbs’s home.  Jethro thanks everyone for their support.  They all tell him that he would have done the same for them.

-Attorney Hart tells him, “I told you we could beat it.  Now live your life without this worry.  I’m glad that I could help.  You have a great group of friends and a great family surrounding you.  Not everyone has such support.  You’re very fortunate. See you around Agent Gibbs.”

-DOD Investigator Parsons says, “It’s a good thing that I got to know you before this trial otherwise I would have been a witness for the prosecution. We’ve all made mistakes Gibbs and I don’t know nor do I care to know if you killed Pedro Hernandez.  There’s a reasonable doubt of your guilt and that was proven today.  I trust in our legal system.  If I helped in any way it was my pleasure.  Everyone have a good evening.”

Both Hart and Parsons leave and then Vance and Jethro’s former team say their congratulations and leave too.

Now Jethro and Margie sit in their living room.  The twins are staying with Margie’s parents.  They’ve been with her parents all week during the trial.  Jethro and Margie talk with them every day.

“Margie you’ve been quiet all evening.  I know that this week has been stressful for everyone.  Do you want to talk about it?”

“No.”

“So what do you want to do?”

Alexis Marjorie Gibbs can be a wordsmith when she wants to or she can be mute at other times.  At this moment she does not have the words to express what she is feeling.  She knows that she feels relieved that this is finally over and no one can ever again bring that accusation against Jethro.  She’s grateful that all of their friends surrounded them with their support.  She’s thankful that the trial occurred while their children are out of school and were spared having to deal with cruel comments from their classmates.

For her husband she is sad that he had to go through this but it is over now.  She’s certain that the talk about the deaths of Shannon and Kelly opened up that wound in his heart.  She just wants to love that hurt away.

“What do you want to do Jethro?”

Leroy Jethro Gibbs looks at his wife.  Only with him does she allow herself to let her face express her inner emotions.  As if he can read her mind he knows of her relief, her gratefulness, her thankfulness and her sadness.

Not saying a word he takes her hand and walks them upstairs.  Once in their bedroom they disrobe, shower and dress for bed.  Early in their marriage they decided that their bed is only for sleeping and making love.  They do not work nor talk business in bed.

Have you ever hurt so deeply that you could not feel?  That the pain was so overwhelming that it seemed that you were disconnected from everything.  Your eyes look but you really don’t see, your fingers touch but you really don’t feel, your feet move but you get nowhere.  How do you get your body to fill again with life?  How do you connect again?  You go through the motions but you still feel numb.  Your lungs feel with air and you exhale but do you really breathe?

It starts out slowly.  Touching and caressing each other.  The emotions that were weighed down through the week burst forth and erupt into a symphony of sounds and passion that offer them the best expression available to them of the joy and exhilaration that now, now they are free.  A freedom that neither fully realized because the weight of that burden of that one act so many years ago.

Jethro and Margie are not shy at lovemaking but even they are surprised at the release that they allow themselves this night.  A supernova of passion expressed without restraint leaves them drenched but oh so happy.  After another shower and a change of bedding they finally fall asleep.  The morning will find them soon enough but for now they are.  They just are. 

The End

A/N:  Decided to write about the case, trial and verdict all in one chapter.  It flowed better while writing it.  Hope that you enjoyed the read. 

It seemed like at least once a season some person hints at knowing about Gibbs killing Hernandez.  Wrote this to finally end that threat of disclosure.  That’s not to say that Jethro and Margie won’t face more challenges in the future but at least this one thing in their past they have overcome.