Chapter Forty-Two
Gibbs wanted Kamisnski to sweat while he waited for Gibbs to begin the interrogation. He’d already called his lawyer - again with Ziva dialling the number to be sure he wasn’t actually calling a hit on either Woodman or DiNozzo. Mr. Cross appeared at NCIS within minutes, suggesting that he’d either been close by or had rushed over. He was escorted down to interrogation and was allowed to be briefed by his client in private, before Gibbs even thought about starting the interview.
The whole process took about thirty minutes, giving Gibbs enough time to finish his coffee and send McGee out to get him another. He thought about calling the hospital to tell Tony the good news, but realised he couldn’t for a number of reasons; one being that he didn’t know Tony’s room number, another that he couldn’t get said room number without showing ID, which he couldn’t do over the phone. Finally, because he’d done that last time and Kamisnski had gotten away, he didn’t want to get Tony’s hopes up, only to have them dashed again if Kamisnski got out again.
Now they had the mole, the amount of information Kamisnski had would be limited and they had a hidden card from him because he didn’t yet know that Lee was in their custody. He also didn’t know that Gibbs had a recording of Lee’s half of the phone call to Kamisnski which would prove to be damning in court, what with Lee, Woodman and Tony’s testimonies on top. This man was going to be dishonourably discharged from the Navy and spend the rest of his days as an inmate in Levenworth.
Gibbs took a gulp of his lukewarm coffee, finishing it off and dumped it in the nearest bin. Cross and Kamisnski had finished talking and were now awaiting his arrival. He’d been watching them through the two-way mirror in the observation room ever since they’d finished talking privately. Kamisnski didn’t look worried, but his body language gave away that he was…extremely. He didn’t know what he was being charged with and he also didn’t know how they’d found him - his cell phone had been switched off at the time. Gibbs wanted him like that, he wanted him to feel unsure about what was going on, because then maybe he’d have the tiniest idea of how Tony had felt following the rape.
Gibbs had to train his brain to not look at the man behind the mirror as the guy who’d ordered Tony’s attack and rape. He had to view him as just another criminal who’d broken Federal law, if he didn’t he was sure to slip up and make a mistake - one that could cost them in court and he didn’t want him to get away because of that.
He got McGee and Ziva into the interrogation room to brief them before he started. “I want everything recorded, audio, visual…you name it, I want it recorded. I want the chain of evidence preserved on everything, you get given something, you sign for it. Understand?” he said, before his cell phone started to ring.
“Gibbs,” he answered. He listened to Abby talk and explain what she’d found and then told her to bring it to him in the observation room ��" preserving the evidence and chain of evidence because it was important that they didn’t slip up here.
Gibbs shut his cell phone and looked at McGee and Ziva, “that was Abby, seems she found something on one of the syringes and needles, she’s bringing it down now.”
They both nodded, having guessed as much from hearing Gibbs’ side of the conversation, and waited in silence until the Goth Forensic Scientist appeared in the observation room.
“What you got, Abs?” Gibbs asked, pen at the ready to sign the chain of evidence form so that he could present it to Kamisnski if needed.
“I found some pure heroin in the needle shaft, matched it to this syringe that still had traces of heroin in it, compared the two and it was the same match of heroin, so that linked them together. I also dusted for prints and came up with one partial and a full one that matches Kamisnski. Am I good or what?” Abby said, a grin on her face.
“You’re the best, Abs,” Gibbs told her, giving her a kiss on the forehead. They had him now for the recent attempt on Tony’s life. If they couldn’t prosecute for ordering the rape of a Federal Agent, they’d still get him for attempted murder - which was enough for Gibbs, and hopefully, Tony too.
Gibbs signed the chain of evidence form, grabbed the file they’d made of all of Kamisnski’s crimes and information they had on him. It included the phone call he’d made to Agent Lee, as well as Lee’s statement, the pay slips from Woodman, Woodman’s statement that he gave to Gibbs at Central Holding and the statement of various nurses and orderlies that had seen him enter Tony’s room the day of the attempted murder. It was a large file, but was it large enough to prosecute him? That was the question and Gibbs could only hope the answer was yes.
He entered the interrogation room under the watchful eye of both Cross and Kamisnski. His face was stern and it gave nothing away or at least Gibbs hoped it didn’t. He sat down across the table from the men and set down the file containing all the evidence. The contaminated syringe and needle were settled in his pocket in an evidence bag and Abby’s report had been slipped into the file for future reference.
“I can tell you’re wondering why you’re here, aren’t you?” Gibbs asked, keeping his face unreadable.
“I assume it’s because more accusations have been made concerning me being behind Agent DiNozzo’s rape, which, as my lawyer said, is a fruitless cause. I’ve already been interviewed on that and you have no proof that I’m even linked to it bar the say of a man who’s an admitted rapist and drug user,” Kamisnski replied.
“We didn’t have proof, but we sure do now,” Gibbs told him, resisting the urge to give him a smug grin.
Kamisnski visibly paled. He leant over and whispered something into his laywer’s ear. His lawyer listened and then nodded.
“Is there anyway we can come to a deal? Lieutenant Commander Kamisnski has fought for his country several times since he joined up - the most recent being tours in Iraq, surely this should be taken into consideration when he’s prosecuted,” Mr. Cross asked, a severe smile on his face.
Gibbs shook his head. “What could he have that we would want? As far as we are concerned he will be prosecuted to the full extent of our power.”
“What are you charging me with?” Kamisnski asked, regaining some of his confidence.
“Arranging the attack and rape of a Federal Agent,” Gibbs started.
“But I already told you, I don’t know the man responsible and what jury or judge for that matter is going to believe a drug addict!”
“We have some pay slips from when Petty Officer Woodman worked for you at one of your warehouses,” Gibbs told him, pulling out the pay slips from the file. They were in another evidence bag ��" a see through one ��" but you could obviously make out Kamisnski’s signature. “You remember signing these?”
“That’s not my signature!” he protested.
“Well, if it isn’t then you’ll be happy to sign a piece of paper for us to send away for handwriting analysis, won’t you?”
Kamisnski panicked at the thought and shook his head.
“Thought not, so now we have his testimony, the money trail from where you paid him $10,000 in pure heroin to convict you of that. Anything you’d like to add?” Gibbs asked. He was actually enjoying this interrogation, knowing full well that there was nothing Kamisnski or his fancy lawyer could do to get him out of this one.
“If I confess to that, what kind of deal can you get me?” he asked.
“Jonathon,” his laywer warned.
“Shut up, David. I know what I’m doing!”
“I already told you, there is no deal on the table,” Gibbs repeated. “You’re not linked to anyone we want, you’re the person we want. Nothing more, nothing less.”
Gibbs could see Kamisnski’s act start to come apart and decided that now was the time to throw in the secret bombshell he’d been holding on to since Kamisnski’s arrest.
“Add to those charges, the attempted murder of said Federal Agent and you’re looking at life.”
“I don’t know anything about that.”
“This needle and syringe, found with pure heroin still in the chamber and shaft, with your fingerprints all over it, begs to differ,” Gibbs told him, placing the needle and syringe - in clear evidence bags - on the table in front of him.
Kamisnski cursed under his breath.
“I’d advise you to wear gloves next time you try to kill a Federal Agent, especially when his boss turns up not a minute after you’ve left and manages to reverse the effect of the drug before any damage was done.”
Kamisnski cursed again and started to sweat. He kept looking at his lawyer for advice that would get him out of this situation. His lawyer only gave him blank looks.
“On top of that, we found our mole and she’s agreed to testify against you in exchange for a lighter sentence,” Gibbs said, adding the final blow.
“Shit, fuck, shit. He should have left well alone! I only did it to tell him to back off! He brought this on himself! He should have just left me alone!” Kamisnski ranted. His lawyer thought about saying something, but instead chose to roll his eyes.
Gibbs got up and started to read Kamisnski his Article 41 rights and handcuffed him, he motioned through the two-way mirror for McGee and Ziva to join him and they led Kamisnski - who was still ranting about how Tony should have just left well alone - away.
They finally had him. Now was the time to go to Tony and tell him so that they could celebrate.
Author's Chapter Notes:
Who will catch DiNozzo when he falls?