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Author's Chapter Notes:
Who will catch DiNozzo when he falls?
Chapter Thirty-Four

“Bethesda Naval Hospital, how may I direct your call?”

“I’d like to speak to Agent Tony DiNozzo, he should either be in room 457 or in the ICU,” Gibbs said, watching Kamisnski through the glass of the observation room.

“Hold please.” There was silence on the other end of the phone as Gibbs tried to stare a hole into Kamisnski’s head. “Agent DiNozzo has been moved to room 457, please wait while I connect you.”

There was a pause and then the normal ringing sound, it took a while, but finally Tony picked up. “Hello,” he said.

“It’s me.”

“Hey, boss. Sorry it took me so long to get to the phone, what with the stitches in my chest and the tube in my neck, it’s a little hard to get mobile,” Tony said, trying to make himself comfortable.

“We got him, Tony, he’s in our custody and I swear to you we won’t let him go until the Secretary of the Navy makes us, hell, make that the President.”

“What charges are you holding him on?”

“Illegal trading - he had five whole warehouses of fake jewelry, fashion items, handbags, jeans, DVD’s, you name it, he counterfeited it. As well as arranging the attack and rape on you.”

“Does he know it was me who was raped?”

“Of course he does, he ordered it!”

“I know, but have you told him that’s what you suspect him of?”

“Not yet, but when I get off the phone with you I will.”

“Be careful, Gibbs, I didn’t not catch him because I was a crap investigator, he’s a slippery one.”

“I know, Tony. Is the Marine still there?”

“Yeah, he helped them move me down here. I’m on the second floor now, north wing. Beautiful nurses too.”

“Hey, I thought we decided you only had eyes for me.”

“I do, but I can look can’t I?” Tony said, laughing.

“What do you think?”

“I’ll try to avoid their stares then…when will you take the guard off me? When are you coming back?” Tony asked, sounding solemn for a change.

“Soon, and once we have him in custody and I know there’s no way he can call for a hit on you. Once I’m sure you’re safe, I’ll take the guard off, but I doubt that’ll be until you’re home with me.”

“Since when did I agree to move in with you?”

“You didn’t, but if you think I’m letting you go back to that apartment after what happened to you, you have a whole nother thing coming.”

“Okay, boss. I better let you go.”

“Take care, Tony and I’ll see you soon,” Gibbs promised as he closed the phone, cutting the connection. “Show time,” he muttered under his breath as he opened the door so that Ziva and McGee could observe and made his way to the interrogation room, where he intended to take Kamisnski over hot coals.

Kamisnski had called his lawyer the second they had allowed him to make a phone call, and with the threat to Tony’s life apparent they had been the ones to dial to make sure it really was a phone call to a lawyer. He’d appeared ten minutes after they’d arrived at NCIS and had already been briefed by his client. They’d been ready for the interview to start for the past ten minutes, but Gibbs had wanted to make the phone call to Tony to let him know they had the bastard.

Gibbs took a deep breath and opened the door to the interrogation room, walking in confidently and taking his seat opposite Kamisnski and his lawyer - a Mr. David Cross.

“You know why you’re here Lieutenant Commander Kamisnski?” Gibbs asked, starting the game that would hopefully lead to this man’s imprisonment in Levenworth.

“You think I had something to do with Agent DiNozzo’s rape,” he said, smoothly.

“How did you know it was Agent DiNozzo who was raped?” Gibbs asked, already realising just how good this man was at staying out of jail. It would be hard to get enough that a Judge wouldn’t throw out. He needed Petty Officer Woodman to not change his mind and testify that the hit was ordered by Kamisnski personally.

“I know that your Agent has been harassing me for years, trying to stick crimes I didn’t commit against my name and failing. I assumed when you came down hard on me and mentioned a rape - and that the Agent in question wasn’t present at my arrest that it had to be him. I guess he’s telling you that I must be behind this?”

“No, actually, we have the rapist. He gave you up. I guess $10,000 worth of heroin isn’t as worth much as not getting a life sentence in Levenworth. Which is where you’re going.”

“I see, do you have any proof other than the word of a man who has confessed to rape and has a history of drug use?”

“We don’t need anything else. What we saw today is enough to earn you 5-10 in a Federal prison, if that’s all I can get you on, that’ll be enough for me and my Agent.”

“How is Tony? Recovering from his suicide attempt, I presume,” Kamisnski said, smoothly with a twinkle in his eye.

“What suicide attempt?” Gibbs asked, not batting an eyelid or missing a beat. He would not let this man scare him into letting him go, Tony was safe with a Marine guard and the hospital personnel knew of his concerns, they wouldn’t let anyone go near Tony who didn’t work for them or NCIS. He was sure of that.

“My, my, is that the game you wish to play?”

“I’m not playing any games here. I want to know why you ordered a hit on my Agent?”

“I deny any knowledge of this so-called ‘hit’. I also deny any involvement with the man who raped him. What was his name?”

“Petty Officer James Woodman,” Gibbs told him, matching his stare with one of his own trademarked glares.

“I don’t know the name. It is of course possible that I’ve served with him in the past, but that kind of connection proves nothing.”

“He gave you up as his supplier,” Gibbs lied, he was losing this interrogation and anyone who knew Gibbs knew he hated to lose.

“That’s impossible, I don’t supply drugs…”

“Jonathon,” his lawyer warned.

“You’ve seen all my warehouses, don’t you think if I supplied drugs there would have been, y’know, drugs in them? He’s lying and if he’s lying about that then no Judge is going to believe that he’s telling the truth about me apparently paying him in heroin to attack and rape Tony DiNozzo,” Kamisnski ranted.

“My client has a point, Agent Gibbs. Do you have any other proof of this ‘hit’ being ordered by my client other than the word of this man?” Mr. David Cross asked.

Gibbs sat staring at the two of them, desperate to find something that he could say that would keep them there, but he knew he had nothing, which meant they had no choice but to charge Kamisnski on the lesser charges of illegal trading and let him out on bail until his hearing. Out where he could arrange to silence Petty Officer Woodman for good, and Tony as well.

“No,” he said, quietly, hoping that neither one of them would hear him. They heard it though.

“Then, charge my client for the stuff you found in his warehouses and let him go,” Mr. Cross told him. The worst thing was Gibbs knew he was right and he had no choice but to do as he said. He charged Lieutenant Commander Kamisnski with illegal trading and arranged for him to be taken to be processed, bailed with a trial date pending. He’d been right when Gibbs had arrested him, only off by a few hours, he was out before morning.
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