“Grab your gear! Marine shot breaking and entering, Norfolk.” Gibbs said, grabbing his gun and badge and heading of the elevator. Tony, Tim, and Kate quickly grabbed their backpacks and guns and followed.

They arrived at the house 15 minutes later, Gibbs breaking all the speed limits. They approached carefully, secured the outside of the home and entered through the front door. The dead Marine lay in the middle of the living room where he had been shot, his t-shirt proudly displaying USMC. His shooter, a raven-haired beauty by the name of Abbie Carmichael, sat on the couch in a pink satin spaghetti strap gown and matching housecoat, the gun still in her hand.

“Ma’am.” Gibbs said. “Put the gun down, please.”

Abbie looked up at them, tears streaming down her face, noticing them for the first time. She held her gun out to Gibbs. Gibbs went over to her and took the gun from her, carefully not to contaminate the evidence. Then she noticed Tony. “Tony!” She ran to him and put her arms around him hugging him tight.

Tony holstered his gun and acknowledged her, a clouded mix of emotions on his face. “Abbie, it’s OK.” Tony said, hugging her back. She cried harder. “Shhh.... It’s OK.” Tony said, rubbing her back. He guided her back to the couch and they both sat down.

Gibbs, Kate and Tim watched this interaction more than a little confused. It was obvious Tony knew this woman. It was obvious she knew him. She was gorgeous, and he had yet to make any immature, frat boy comment. Tony’s tongue had dropped out of his mouth and wagged over women far less beautiful.

“I never would have dreamed I would use what you taught me, Tony.” Abbie looked at the gun in Gibbs’ hand. “I never want to touch one of those things again.”

So Tony had taught this woman how to shoot. So they had known each other a while. You don’t teach one-night stands things like that. Not a good date night event.

Kate and Tim were still standing frozen and confused when Gibbs started handing out the orders. He was a little puzzled and very concerned about the look on his senior field agents face at the moment. But first they had a job to do.

“McGee, photograph. Kate, sketch. Tony, collect” Gibbs said as Kate and Tim began to work. Tony began to stand and Abbie grabbed his hand. Tony shook her hand off and stood. He went over to the body and began collecting evidence.

Gibbs, Kate and McGee all saw the exchange. The area they were in being close and the room relatively small. Gibbs made a mental note to question Tony about it later.

“Ms….”

“Di....” Abbie said, and then corrected herself after Tony shot her a quick glance. “Carmichael, Abbie Carmichael.”

“Ms. Carmicheal, may I speak with you in the kitchen?” Abby stood up, took one last look at the body and then lead the way into the kitchen.

Abbie wiped her eyes. “Would you like some coffee?” Abbie said, referring to the fresh pot she had just made. “I keep long hours these days. Courts lined up with ‘innocent’ people on trail, it seems.” She got two cups out of the cabinet and filled them. She put the coffee and creamer on the table along with two spoons and then sat down.

Abby looked at Agent Gibbs. “Where should we start?”

“Well, first of all, you’re a lawyer?” Gibbs asked.

“Actually, Assistant District Attorney in Norfolk.”

“So, you know how this goes.” Gibbs said.

“Yes, Agent ….”

“Agent Gibbs.”

“Yes, Agent Gibbs...from your end. It’s a little different view from this side of the interview table.” Abbie wiped her eyes again and took a sip of her coffee.

Gibbs smiled and watched Abbie for a moment. He couldn’t help but catch her as she tried to sneak peeks at Tony as he gathered evidence.

“So, you live here alone?”

Abbie nodded, took another sip of coffee and sat the mug down. “I’m divorced. I’ve lived here for 4 years.

Tony visibly flinched when she said the word ‘divorce.’ She looked his way in time to catch his reaction.

“So, Tony...” Tim whispered. “...what’s going on? You obviously know this woman.” Tim sneaked another peak at her. “She’s gorgeous.”

“Not my type.” Tony said, still kneeling beside the body.

“Every type is your type, Tony.” Kate whispered. “Besides, she IS gorgeous.”

“There are more important things than looks.” Tony said.

“Right!” Tim said, almost laughing. “That is ALL you’re concerned about, Tony. I have never once heard you talk about a girl’s personality.”

“Yeah,…” Kate said mockingly. “...just what size her breasts are and how she looks in a wet t-shirt.”

“Leave it alone.” Tony said. His voice had an edge to it.

Tim and Kate stopped their teasing, confused by his reaction.

Just seeing Abbie had torn open some old wounds. Tony had had no time to prepare for the meeting. It had been too much of a shock. Also, was the fact that his co-workers, his supposed friends, were digging hard into those old wounds. It just made things worse. He had already grieved that loss. He had moved on.

“Please,” Gibbs said. ”Tell me what happened.”

“I was sitting in the living room going over documents for work. I got up and went into the kitchen to get myself some coffee. I came back in and there was a man coming in my window.” Abbie paused. She sipped her coffee and sniffled. “I remembered the gun was in my nightstand. I went and got it and came back in the living room. He was standing in the middle of the room. I told him to stop. He came towards me. He says ‘Where is she?! I know you are hiding her from me! Her and my little girl, you Bitch!’ I pulled the trigger. I didn’t even realize I had done it until I saw him lying on the floor, covered in blood. I called 9-1-1 and told him I had shot a Marine.”

“Do you know who the ‘her’ was?” Gibbs asked, draining his coffee cup and sitting it down on the table.

Abbie shook her head and took a sip. “I had no clue what he was talking about.”

“Did you know the man?” Gibbs asked.

Abbie shook her head again. “Never seen him before, last marine I dated was a year ago. He was deployed to Iraq, last month, I believe.”

Ducky and Palmer had arrived by this time. Examined and loaded the body with little ceremony. They were on the way back to NCIS in record time. Even they could tell there was something different about this crime scene, despite the short amount of time they spent there.

“Ms. Carmichael, I need to know. Is Agent DiNozzo being here a problem for you?” Gibbs asked trying to get to the bottom of the interaction he had seen between the two of them.

Abbie shook her head. “No. But I know being here is a problem for him.”

“Would you care to explain that?” Gibbs asked.

Abbie said nothing for a moment. She looked to Tony, as if seeking permission.

“Say what you need to say, Abbie.” Tony sighed and turned back to his work.

“I am sorry, Tony.” Abbie said.

“I know.” Tony said, a sadness about him.

Abbie sighed. She looked at Tony again and continued. “Tony was an amazing husband.” Abbie paused, seeing the looks of shock on the faces of Team Gibbs. “I was a horrible wife.”

TONY WAS MARRIED, 0MG. TONY WAS ONCE A MARRIED MAN. Thoughts crashed around in each of their heads. How had they met? How long were they married? Why had they broken up? Where there kids? Little DiNozzo’s. When did all this happen? Where did they live? The list went on and on.

Gibbs was completely speechless. He looked from his Senior Field Agent and to Abbie and back again before he found his voice. “I read his personnel file….”

Tony nodded. “It was annulled.” Tony said standing. He pulled off his gloves. He had the evidence ready to transport.

“I had not yet made A.D.A.” Abbie explained. “I didn’t need the political scandal of adultery on my record. I didn’t want Tony to be harassed.”

Tony stood watching Abbie, his face completely blank of emotion.

Abbie sighed again. “I’ll give you the short version. I am sure you would appreciate that.” She said, addressing Tony.

Tony nodded, but didn’t speak.

“We were married for 3 years. I had an affair with a colleague. Tony caught me, red-handed.” Abbie paused. “He moved out that day. We sold the house and went our separate ways. That was 5 years ago.”

They were all speechless looking at Tony. He face was still unreadable. He picked up the box of evidence. “Boss, I’ll be in the car.” Tony turned and started out the door, not waiting for Gibbs’ reply.

Abbie watched Tony leave. “I hurt him badly, Agent Gibbs. He didn’t know I lived here. He will not talk to me. I try to call him on our anniversary sometimes. He hangs up.”

Gibbs nodded, still trying to process all he had heard. Tim and Kate also wore the same confusion on their faces. Gibbs handed Abbie his card. “You know how this works. Call if you remember anything.”

Abbie nodded and took Gibbs’ card. Gibbs then left the house, with Kate and Tim following close behind.

Tony sat motionless in the front passenger seat of the car. He didn’t acknowledge Gibbs, Kate or Tim when they got in. Nobody spoke. Gibbs drove back to NCIS without a word being spoken. Tim and Kate felt horrible for the way that they had spoken to Tony about him being childish and immature…. He had been married! That was something Tim, even at his age, could not imagine doing. Tim could tell now, even though Tony had tried to hide it. It had hurt just being in Abbie’s house. Tim didn’t recognize it at the time, and it made him feel that much worse about the teasing he and Kate did.

Kate felt equally as horrible, but for different reasons. She also, could not imagine herself ‘taking the plunge’ as they say. She always had only come close once. She tried to imagine the pain. If she had loved that guy enough to marry him and then found out he had cheated on her. Her heart broke for Tony. She hoped she never would have to experience that type of pain. Abbie looked to be about Tony’s age. It was no wonder he went after younger women. She now realized it was because those women are not looking for a commitment. They want a good time. He didn’t have to worry about falling for anybody because he wouldn’t get invested in the relationship.

Gibbs pulled into the parking garage and parked. “Tim, Kate take the evidence down to Abby, then get upstairs.”

Tim and Kate nodded. Tim got the evidence out of the trunk, and Kate followed him to the elevator and down to the lab.

Tony opened the door and started to step out.

“Wait a minute, Tony.” Gibbs said, taking Tony’s arm.

“I can’t talk about this now.” Tony said.

“I don’t expect you to.” Gibbs moved his arm when Tony got back in the car and shut the door. “I’m sorry.”

Tony looked at Gibbs for a moment, trying to figure out if he had heard correctly. Then he just started talking. “At least your exes didn’t choose their careers over you.” Tony sighed. “She was on the fast track when we met. I knew that. She was a beautiful, exciting, strong woman and I fell hard for her. She said she loved me, wanted the house, the kids, and the white picket fence, all of it.” Tony said. He sat with his hands folded in his lap staring out the window at some distant object. “I wanted to be married to the woman I loved. I figured the rest was just icing on the cake.” Tony sighed. “The affair started, I think, I never asked her, around our second anniversary. The guy was a new attorney and he had just started at the firm around that time.” Tony looked down at his hands, folded in his lap. “I had no clue. We went to one of those ‘lawyer-partner-social’ parties. I didn’t want to go, but I was glad I did. Most of the men were openly coming on at Abbie. I had to tell more than one of them that she was a married woman, a happily married woman.” Tony paused. “Man, was I delusional.” Tony sighed. “The guy was there that night. I recognized him because I had seen him in her office when I would visit her sometimes at work. They were already having the affair by then.” Tony looked at Gibbs. “I thought things were great. I was looking forward to being a dad.” Tears started flowing at this point. “We were talking about children. How could she do that to me? We were trying to have kids. That is what she told me anyway. The bitch was probably on the pill. If this other guy had gotten her pregnant and I hadn’t found out. I could be raising that bastard’s kid.”

Gibbs never said a word. He just sat and listened. He put his hand to the back of Tony’s head and gently squeezed his neck when Tony started to cry.

“I took a half day off one day.” Tony wiped his eyes and continued. “I had earned some extra hours and was going to lose them, type thing.” Tony paused. “I had brought her flowers and candy. I go home, walk into MY bedroom in MY house. I caught her in the act. I just turned around and left the bedroom after they saw me. I threw the flowers and candy in the trash and went and got my suitcase out of the hall closet. He was still getting dressed when I walked back into the bedroom. I picked up what clothes he hadn’t put on, left the bedroom and threw them over the banister. He went downstairs and got dressed and then left.” Tony paused again, staring at some distant object. “I just put my suitcase on the bed and started packing. I packed as much as the suitcase would hold and then I left. I told her I would come back and get the rest when she was at work.”

“I think I would have shot him.” Gibbs said, honestly.

“I considered it, believe me.” Tony wiped his eyes again. “But then I figured I didn’t want to waste the bullet. He wasn’t worth me spending the rest of my life in jail, especially when I SAW him.” Tony paused. He laughed for the first time. “He must have had one HELL of a personality.”

Gibbs caught his meaning and then laughed heartily too.

Gibbs gave Tony time to compose himself. “You know. We can always hand this one off. It’s not too late.”

Tony shook his head. “No, I’m fine. I just wasn’t prepared to see her today.” Tony paused. “It’s been five years.” Tony shook his head. “She is still stunning.”

Gibbs nodded. The woman was a knockout.

“If you change your mind….” Gibbs offered.

“Thanks, Boss.” Tony sighed. “I can handle it. I grieved that loss a long time ago.”


*****

Tim and Kate entered the lab. Tim sat the evidence on Abby’s lab table. They still had not gotten over the shock of what they had just heard.

“What?” Abby asked. “What’s going on?”

Neither Tim nor Kate responded.

“Guys, what’s wrong!? Something’s wrong!” Abby said, wringing her hands and pacing. “You’re freaking me out here!”

“Tony’s been married.” Kate said, shaking her head.

“Oh.” Abby said, turning back to her computer.

“We drop a bombshell and you say, Oh?” Tim questioned.

“You knew!” Kate said, coming up beside Abby. “You knew.”

“Time for you guys to leave, I have evidence to process.” Abby said donning gloves and diving in to the evidence they brought.

“Did you know, Abby?” Tim asked.

“I can’t say.” Abby said, removing the gun from its evidence bag and dusting it for prints. “I can’t betray a trust.” Abby said, shaking her head.

“You don’t have to, Abby.” Tony said, walking into the lab.

Abby ran to him immediately and put her arms around him. “I didn’t say anything, Tony. I swear I didn’t.”

“I know.” Tony said returning Abby’s hug. “They had the pleasure of meeting the former Ms. DiNozzo today. That is her gun.” Tony said, pointing to the gun Abby had just dusted. “She shot a Marine breaking into her house.”

“Abby knew.” Tim and Kate said in unison.

“He told me his MOAS. I told him mine.” Abby explained.

“MOAS?” Kate asked.

“M-O-A-S, Mother of All Secrets.” Abby stated.

“Well, that would, most definitely, fall into the M-O-A-S category.” Tim agreed.

“Tony,” Kate spoke up. “I am so sorry. I had no idea what you were going through. I didn’t mean what I said today. Not knowing what I do now.” Kate said. “I hope you can forgive me.”

“It’s OK, Kate.” Tony said. “There was no way you could have known.”

“So, you met the bitch?” Abby asked Tim and Kate.

“Abby!” Kate said.

“What?” Abby said, looking at Kate. “The woman’s a bitch. She cheated on this gorgeous, sweet man right here.” Abby said putting her arm around Tony.

“Abby?!” Tony said, looking at her.

“She didn’t deserve you.” Abby said, hugging Tony again. “There is some lucky woman out there who will appreciate you. You just haven’t found her yet.”

“Thank you, Abby.” Tony whispered in her ear. “I needed to hear that.”

“Now!” Abby said, addressing all three of them. “Get out of here!” She pointed the door. “I have work to do!”


@@@@@


The case was pretty cut and dried. The gunshot victim, Gunny Sergeant Jeremy Wilks, broke into Abbie’s home, thinking his old girlfriend still lived there. The girlfriend, Jessica Abrams, had had a child, a baby girl named Rachel, while Jeremy was deployed. Jessica had ‘forgotten’ to tell him, and then had denied him all access to the child when he had found out. Jessica claimed Jeremy had hit her while she was pregnant and she had almost lost the baby. Jessica had lived in Abbie’s house briefly, and that was the last address Jeremy had had for her.


@@@@@


Tony was pulled out of a deep sleep by the sound of his phone. He looked at the clock, praying that at 3 a.m. he didn’t have to get up and go to work.

“DiNozzo.” Tony said half-awake into the phone.

“Tony!” Came the panicked voice on the other end. Two days had passed since his seeing Abbie.

“Abbie!” Tony said.

“I’m scared Tony.” Abbie said, he could hear the panic in his voice. “I know that guy can’t come back, but I…I’ve never shot anybody before.” Tony could tell she was crying. “I close my eyes and I see him, dead in my living room.” Abbie paused. “I talked to the counselor. I am still talking to her, but I…I can’t get in touch with her now. I called her a few minutes ago and left a voice mail.” Abby said shaking. “I didn’t know who else to call.”

Tony sat up on the side of his bed and rubbed his eyes. He doubted he would get any sleep the rest of the night. “Give her time to call back, Abbie.”

Abbie nodded. “Yeah, ok.” She paused. “Can you stay on the line with me until she calls?” Abbie paused. “I know its 3 a.m., but please?”

“OK.” Tony said, nodding and scrubbing his hands through his hair. He was going to look and feel like hell when work time arrived.

“Tony, I never got an opportunity to talk to you after that day you came home early….”

“Abbie, I don’t want….”

“I know you don’t want to hear it. I don’t want to hurt you again. That is the LAST thing I want to do.” Abby paused. “It is just a whole hell of a lot easier saying this to you over the phone. I don’t have to look you into your eyes and see all the hurt and disappointment.”

“Abbie, please….!” Tony pleaded, not wanting to get into this with her at all, but definitely not at 3 a.m.

“I know there are some questions you want answered.” Abbie paused, sighed and than began. “The affair started 3 weeks after our second anniversary. I always thought you thought it started around then. He couldn’t have gotten me pregnant. I wasn’t on the pill. He said he had had a vasectomy, but I used protection with him anyway. I wasn’t sure I believed him. I just wanted to be sure. I wanted to have your child, so badly. That was why I didn’t go on the pill.” Abbie paused. She could hear Tony crying on the other end.

“WHY are you doing this?! Why now? You have had 5 years, Abbie, five years to tell me all this. You could have left me a voice mail, written me a letter, anything. Why now?” Tony asked, wiping the tears from his eyes.

“Because I loved you. I still love you. I will probably never stop. I will always wonder about what we could have had.” Abbie paused.

“You loved me so much you had your affair in MY house in MY bed.” Tony said, his anger biting. “I’m sure that was not the first time you two had been in our bed together.”

Abbie didn’t speak.

“Hah, there’s my answer!” Tony replied.

“It was...it was convenient.” Abbie said in a small voice. “I told him you were my live-in boyfriend and that you were a security guard, to explain away the uniform.”

Tony laughed, but it had no humor in it. “That’s nice, Abbie … his intellect and his Johnson were about the same size, lucky you.” Tony said, sarcastically. “And god forbid you should have to drive a few miles out of your way and have to PAY for a hotel room for your ‘quickie.’ I applaud you for your thriftiness.” Abbie heard Tony applauding on the other end.

Both were silent for a moment.

“Why? Just tell me why.” Tony requested, sounding tired and defeated.

“It was not a problem in our marriage. You were a wonderful husband. The sex was amazing.” Abbie paused. “He became senior partner quickly, Tony. He…he was my way to the top of the corporate ladder, my way into that life. I wanted the corner office. I wanted the expense account, the box seats in the theaters, the ability to use the private jet, the use of the beach condo in Hawaii.”

“But?”

“He was an idiot. He messed up on a huge case for the firm. Cost them almost $200,000 to clean up his mess.”

Tony started to chuckle.

“When I left for the ADA he was doing legal aid.”

At that, Tony burst out laughing. “It could not have happened to a nicer person.” He said sarcastically.

“I love you, Tony. I….”

“I loved you too, Abbie. I really truly did. But love is not enough. That honor and trust has to come in there somewhere. I will never, ever trust you again. You shot that and the honor part all to hell.” Tony said, he had gotten out of bed and went to the refrigerator. He poured himself some OJ and drank it as he went back into the bedroom and climbed back into bed.

“I know.” Abbie said, crying. “I can never make up to you for how much I hurt you. I could tell you that that guy didn’t mean anything to me. It’s true, but you would never believe me. It’s not like it matters now anyway. I just wanted you to know. He DIDN’T mean anything.”

“Him, our marriage, it’s all the same.” Tony replied.

“I don’t under….” Abbie said confused.

“Our marriage was great, until it got in your way. Your boyfriend was fine, until HE got in your way.”

“Tony?”

“You had your ‘eyes on the prize,’ as they say. I can’t blame you for that. I knew you were driven when I met you. That is what I liked about you. A woman who knew what she wanted.” Tony paused. “But soon our marriage was in your way. You needed help to get to the top. I was of no use to you there. You found your ‘boyfriend.’ When he couldn’t help you anymore, I bet you moved on….”

“Tony?!”

“How many partners did you sleep with Abbie? How many?”

“I didn’t….”

“You know what…I don’t care! I don’t give a damn if you sleep with every partner in the firm!” Tony said.

“Tony, that’s not fair….”

“You don’t want to go there with me, Abbie! You really don’t! How fair is it you use OUR bed, OUR BED, Abby for your TRIST!?” Tony yelled. “How fair is it that you present yourself as a devoted loving wife to our friends, Abby? OUR FRIENDS, who were probably laughing at me behind MY back for being such a dumb-ass for actually trusting you!”

“They didn’t ….”

“They didn’t know. You were going to say.” Tony said, completing her statement. “You are positive they didn’t know?” Tony paused, his anger still high. “You could swear in court that they didn’t know? “

Abbie remained silent.

“Just as I thought, you DIDN’T know for sure. There is no way you could have known for sure.”

“Talk to your therapist, Abbie. I’m TIRED of talking to you.” Tony paused, seething. “And the next time you get the urge to call and talk to me, fight it!” Tony said just before the line went dead in Abbie’s hands.

Tony put the phone down. He didn’t think he would sleep again that night. But just an hour later he was indeed asleep again.

He woke up with the alarm, surprised he had gotten back to sleep. But at the same time feeling great relief and a sense of a huge weight having been lifted off his shoulders. He got out of bed and headed for the shower to start his day.


THE END