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Author's Chapter Notes:
Originally planned to be part 3 of "The Man From "I.A.", this just sort of grew into a piece that might just relate to the season 10 finale, if the rumors are true. But then I'm probably wrong!
Was there ever a Lawyer for Gibbs to involve, in direct contravention of Rule #13. then this was the guy. The man now fighting his corner.

"Agent Gibbs, did you regret killing Special Agent Michelle Lee, on the night of November 25th,2008?"

"Very much so. But it was the right thing to do, and what's important is that she knew that. It's why she told me to shoot."

"Would you mind telling the court what you told Internal Affairs about how she died."

"I told them that she died in the line of duty."

"In light of what happened and your own feelings towards this young woman, you wanted her service record to end on such a positive note? Why?"

Gibbs took a deep breath before answering. "Because it's the truth. She never asked Ted Bankston to kidnap her Sister. Or for any of that to happen to her."

"She never asked you for help either when she should have."

Gibbs just shrugged. "I never gave her much reason to like me, let alone trust me."

From where she sat next to Jimmy, Abby heard him sniffle a little, turned to him, smiled sadly and held his hand.

"Thank you Agent Gibbs. No further questions your honor."



Now it was the prosecutions turn.



"Agent Gibbs, could you have taken out Bankston without killing Lee?"

"No. I had a bust finger, blood and glass in my eyes, I couldn't be sure." Gibbs shook his head, regretfully. "It had to be both."

"So, your vision was off?"

"It was that night, yes."

"Still, it couldn't have been so off that you couldn't see her nod and mouth the word shoot at that distance. Besides, how can you be so sure she didn't mean you to take the risky head shot and not the through and through?"

Gibbs just laughed.

"What? You think that's funny?"

"Not her death. You, for saying that. It makes you the one dishonoring her."

"Clever." the Prosecutor thought. Still, he had the perfect counter to that.

"You know, some people would say that killing her was a kindness. Had she survived the night, all she had to look forward to was spending the rest of her life behind bars or being pumped full of toxins. A slow, horrible way to die. Some might say she deserved that but, I don't think you're one of them. Did it occur to you, before you pulled the trigger, that she might be better off dead?"

"Objection!" cried the defender, rising quickly to his feet.

"Overruled." responded the Judge.

"Careful, Boss." whispered a worried McGee from where he sat.

"Remember, you're under oath."

Gibbs lowered his head, solemnly. "The thought did cross my mind."

An audible gasp spread through the whole crowd gathered in the room.

"Judge, jury... and executioner. And not for the first time, right?" The prosecutor was relentless. "Which neatly leads me to Mexico and Hernandez. The drug lord who ordered the death of your Wife and child. Himself killed by a mystery sniper of some ability who was never caught. Coincidence?"

"I don't believe in coincidence." Gibbs replied.

"Neither do I. So I have to ask the question, while reminding you that you're under oath, did you do it? Did you kill Hernandez? I mean. it's not like you didn't have a motive."

"Objection!" Again defense counsel rose to his feet. But, Gibbs interjected, before the judge could respond.

"Yes. I killed the son of a bitch who murdered my family, and I'd do it again in a heartbeat. Is that what you want me to say? Because, if so, then I just handed you what you wanted. My head on a plate."

The courtroom fell silent as Gibbs looked across at the members of his team, sat there in stunned silence. His face an agonized mask.

"So, if you want to throw the book at anyone in this room, you throw it at me. Just me."

The prosecutor tried hard not to show any outward signs of satisfaction at what had just happened.

"I just might do that." he said, under his breath.

The room was so silent now that all that could be heard was Abby sobbing.



The End? - Fade To Black
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