NCIS (2003–…): Season 15, Episode 7 - Burden of Proof - full transcript
Seems like forever
since my trial.
Ten years.
They kept showing this picture
of what he looked like before.
Lieutenant O'Connell.
They talked about
how he was brave,
how he served
his country,
how he took his mother out
for dinner every Sunday.
Then they showed the picture
of him after he was gone.
He was wearing
his uniform,
and his head...
(gavel banging)
I see that picture
when I close my eyes.
(gavel banging)
MAN: Order!
Order in this courtroom!
(gavel banging)
They said he was
bound and dragged.
I imagine it in my head.
(crying):
No, please! Please, no!
He was hit so hard,
the side of his head caved in.
O'CONNELL:
No!
HICKS:
I imagine it all.
Everything they said,
everything they showed
in that courtroom--
it's in my head,
and it won't go away.
And everyone who looks at me...
...they think I did that to him.
Did you, Gabriel?
Did you murder
Lieutenant O'Connell?
No.
Then start from the beginning.
Tell me how you ended up here.
I was framed.
By who?
NCIS.
*
Morning, Bishop.
Hey, McGee, cannot wait to
work with you today, bud.
Why are you
so chipper?
Well, Bishop,
I woke up this morning,
and I realized that
all of my T-shirts
are too small.
Well, I could've
told you that.
They're practically
child-sized.
No, man.
It's my arms.
My biceps are
gaining inches, man.
All those reps are...
are really paying off, baby.
I woke up this morning,
I looked down at my arms,
and you know when you know?
I-I just knew
that today was gonna be
a great day, for all of us.
So all of us are gonna have
a great day
because of your muscles?
Mm-hmm.
SLOANE: Hey, Nick.
Incoming.
What the hell?
It's a gift.
Foxy Feet Pedicure Kit,
as seen on TV.
Buy one, get one free.
So, you're welcome.
Wait. This is
for your feet.
Why would I want this?
I could've sworn
you were the type
who self-pedicured
at least once a week.
You know the drill.
Well, I don't know
the drill, but, uh,
thank you, I guess.
I-I don't think so.
Got it. As you were.
You know, I bet
you would go to great lengths
to prevent any kind
of physical imperfection.
BISHOP:
Mm-hmm, and Sloane is
really good at
reading people.
Oh, come on, guys.
I already told you.
I spend every free minute
I get in the gym.
I don't have time
to do this kind of stuff.
Fine. I'll take it.
No, I'm taking it.
Oh, hey, what's up, Gibbs?
Dead body, boss?
Nope.
Special Agent Gibbs.
Jessica Shaeffer,
federal public defender.
Pleasure.
I'll assume you won't mind
if I forego the B.S.
No.
Six months ago,
I took on the case
of a man named
Gabriel Hicks.
He was convicted of
kidnapping, robbing
and murdering Navy Lieutenant
Edward O'Connell.
Hicks was
wrongfully convicted.
He served ten years on death row
for a crime he didn't commit.
O'Connell's murder
was before my time.
I thought maybe you could
fill in the blanks, Gibbs.
Wasn't my case.
But you remember it.
Joint investigation
with the FBI.
If she thinks
Hicks is innocent...
She thinks that we botched
the investigation.
Actually, I thought
you framed him.
Luckily for you,
I found no evidence of that.
But what I have found are
some rather jumbled reports
written by the NCIS point.
Special Agent Mark Mason.
Died of a heart attack
five years ago, I'm aware.
I'm mid-trial on
this thing, Director.
I have done
my homework.
But Agent Mason's
not why I'm here.
Okay. Then what?
Lieutenant O'Connell's
autopsy report.
It was completed by
a second-string M.E.
Ducky's mom was having surgery.
He took a leave.
We sent the body
to the city M.E.
I received permission
to have it exhumed.
Now I want
your permission
to have the best
of the best take a look.
I've already taken the liberty
of messengering
Dr. Mallard the original
copy of that report,
and the body.
The great American
physician, poet and polymath
Oliver Wendell Holmes, Senior,
once said,
"Where we love is home,
home that our feet may leave,
but not our hearts." (chuckles)
In other words,
it's great to be back.
This is all really lovely,
but can we...?
Oh, uh, yes,
you're due back in court.
Let's get started.
Based on these photos
and reports, I can safely say
that I agree
with your cause of death.
Blunt force trauma.
Yes. Here, to the side
of the head.
With what appeared to be
a metal pipe.
Yes. Ms. Shaeffer.
You seemed to have
studied the report well.
But, uh, what do
you see, Dr. Palmer?
Well, the injuries
and blood spatter
show that the victim was
kneeling while the assailant
was standing for the fatal blow.
Gentlemen, as we've established,
I know the report.
I don't need it read back to me.
You agree with
it, I understand.
Ms. Shaeffer, the findings
were correct, but, the, uh,
analysis is incomplete.
Now that I see the decomposition
of the outer layers,
I have a clearer picture.
Clearer than
the prior M.E.
You see,
the point of impact
is the posterior left
and radiates
down toward the temple.
Now, this means
that the assailant
had to be standing behind him.
My colleague has just given you
a concurring second opinion.
I don't understand.
This injury-- it's the result
of a left-handed swing.
The original M.E.
missed that fact.
Ms. Shaeffer, dare we ask about
your client, Gabriel Hicks?
He's right-handed.
He's innocent.
God, I love my life.
What happened? Your
shirt get even tighter?
I wish. No, Agent Sloane just,
uh, told me something, uh...
It's made my day,
that's all.
Well, what was it?
Nah, I shouldn't say anything.
It's about you, Bishop,
and it's kind of like, uh...
it's kind of embarrassing.
What? Wait.
You mean she was profiling me?
What did she say?
It was embarrassing?
Embarrassing how?
You really want me to say it
in front of McGee?
(clears throat)
Uh, these are the
O'Connell case files?
Yeah, there were a lot more
than I expected.
Makes sense.
Agent Mason didn't input
his reports electronically.
I can see why. The info is
so disorganized, I mean,
it'd take forever to categorize.
TORRES: Damn it.
I hate stacks
of paper.
So, 11 years ago,
Lieutenant Edward O'Connell
was abducted
outside of his home in Virginia
by a man driving a blue van.
O'Connell was forced to withdraw
$1,200 cash from his bank
while the assailant waited
in the van in the parking lot.
Come on.
A military guy like that?
No way he'd get back in the van.
He must've been
threatened somehow.
O'Connell was murdered
in the forest.
Body was found the next day.
Fast forward a year.
Gabriel Hicks was convicted
of robbery, kidnapping
and first-degree murder.
Sentenced to death.
Evidence?
All circumstantial--
Hicks drove a blue van,
and was found with
over $1,000 cash on him.
He also gave a fake alibi.
Said he was at his friend's
house at the time of the murder.
Turns out, he was staying
at a hunting cabin
near the crime scene.
McGEE:
Several witnesses saw
a blue van outside
the lieutenant's home
before the abduction.
Any of them see the driver?
No, but a woman who sold fruit
in the bank parking lot
was believed to have
gotten a close-up view.
By the time
investigators realized
she could know something,
she couldn't be located.
Agent Mason referred
to her as "Witness X."
Torres, you have
anything to add?
Crime scene photos.
Let's go back to the forest
and see if we missed anything.
FORNELL:
Course I remember it.
I remember all the cases
I was point on.
They're like
my ugly work babies.
So you heard about the retrial?
Yeah. Technicality.
It's a real waste
of tax dollars.
There's no way this jury is
gonna find anything different.
The guy did it,
no question.
Yeah. Mason thought that, too.
It's more than a thought, Gibbs.
Hicks is as guilty as they come.
Why are we talking about this?
Yeah. Maybe he's not.
Ducky says
that the killer
was left-handed.
Hicks is right-handed.
Come on.
A million things
could've happened
to make the guy swing lefty.
Victim was bound and kneeling.
Why swing with your off hand?
I don't know. Ask Hicks.
I took another look
at all the evidence.
Everything you had
was circumstantial.
The guy lied to my face
about where he was that night.
And did you get a look
at his priors?
One prior.
Yeah.
Armed robbery.
Look, did we have this
thing gift-wrapped? No.
It was messy as hell,
but it was enough.
Gibbs, I'm telling you,
Hicks is guilty, 100%.
All right. Good to know. Thanks
for keeping me in the loop.
According to the M.E.
in San Diego,
Sloane profiled everyone
in their office.
No.
Yeah.
Apparently, she had a-a big
wooden cabinet full of files,
kept it locked
all the time.
No way, man.
I was just in her office.
There was not one cabinet there.
I don't know-- she's already
started in on you and Bishop.
Okay, so I...
I got a confession to make.
Uh, Sloane was not asking
anything about Bishop.
Uh, I made the whole thing up.
What, to take the heat
off your pedicures?
No, man, just 'cause
it drives Bishop crazy.
She keeps asking me, "Oh,
what did Sloane say about me?"
What do you think I should say,
something about her feet?
Or something else?
(chuckles)
I don't know,
but GPS says the body was found
in this general location.
Well, it looks like the tree.
The sign is there,
but...
something's different.
11 years later,
the bark's grown over it.
Wow. Mother Nature
kicks ass.
McGEE: Huh, looks like
something's under there.
Look at that.
It's Lieutenant
O'Connell's license.
You think it's been
there the whole time?
Well, the only reason we
found it is 'cause the sign
was pushed forward
from the tree.
ABBY: What was the victim's
license doing there?
I mean, and how the
heck did it end up
behind that sign
in the first place?
Sounds like a question
with a very Abby answer to it.
There are no answers
coming to me.
(computer beeps)
There's an answer coming to me.
Blood on the license?
Well, it's degraded,
due to years of exposure,
but all we needed was
one viable sample to confirm.
And, yup, it belonged
to Lieutenant O'Connell.
Bummer for us,
the killer didn't leave any DNA,
and we still don't know
how the heck
the license got behind the sign
in the first place.
The killer.
What?
Uh, the killer put it there.
What do you mean?
Well, I've been
searching ViCAP
with relevant keywords
and parameters,
and I just found a commonality
with four unsolved murders
in the D.C. area.
And those cases
are linked to ours how?
The victim's license
was discovered
hidden at each of
the crime scenes,
and always with
a smear of blood over the face.
So the license
was a calling card.
Whoever murdered
Lieutenant O'Connell
was a serial killer.
FORNELL:
Gabriel Hicks.
I always knew he was
a lying son of a bitch,
but he's worse than
I gave him credit for.
Serial killer
never entered my mind.
VANCE: Well, let's
shake off the hit.
Trial will be over
in a matter of days.
We need to act now,
so let's direct our efforts
and make a plan.
So, we put the O'Connell case
on the back burner
and focus on connecting Hicks
to the other four murders.
That's not the plan
we had in mind, Tobias.
Not the plan?
That's the only plan.
If that lawyer
talks the jury
out of the truth,
Hicks will walk.
We've decided
to take a second look
at the O'Connell case,
with an open mind.
You're kidding me.
We're taking another whack
at Witness X.
The fruit lady?
(chuckles)
Oh, God, please...
tell me I'm being punked.
We know that she was
in the bank parking lot.
She could be key in I.D.'ing or
confirming O'Connell's killer.
Even if you track her down,
you think she's gonna
remember some guy in a van
from 11 years ago?
It's a long shot,
I agree, but the evidence
we have against Hicks
is all circumstantial.
Which is why we have to look
at him for the other murders.
But he was never a suspect
in the other murders,
and Dr. Mallard
believes that the...
Yeah, that the killer's
left-handed. Right.
I got it. Come on.
Gibbs, help me out here.
You want a bottom line?
This lawyer can make
a pretty good case.
Listen to me.
The murders stopped
after Hicks was locked up.
Maybe, or maybe they haven't
been linked with the other ones.
Oh, you're a "maybe"
kind of guy now?
Maybe I am.
Maybe I'm just trying
to figure this out, same as you!
Well, you're talking
like a guy who's...
Gentlemen, gentlemen,
might I remind you
it's this healthy
type of disagreement
that is the beauty of
a joint investigation.
Right.
Well...
while you guys are
going down a rabbit hole,
I'm gonna focus on
getting a slam dunk on Hicks.
We'll keep you in the loop;
you'll do the same.
Yeah, yeah!
SLOANE:
He is...
educated.
He's accustomed
to the use
of a pen.
1894.
Arthur Conan Doyle,
profile of Jack the Ripper.
Yes! You got it
in three characteristics!
You're like
a machine, Ducky.
Yeah, my turn.
What is this?
They're playing
Name That Profile.
I don't know how to interrupt
without getting analyzed.
Hey!
We're standing here.
Uh, yeah.
Yes, you are. Hi.
DUCKY:
I'm sorry, Jethro,
but Jack here is quite a kick.
Yeah, ain't she great?
What do you got?
DUCKY:
Um, I'm building a picture
of our serial killer.
We're looking
for someone with
antisocial personality disorder.
Psychopath.
Indeed.
As to his victims--
well, they're all male
and notably strong,
which suggests he may be
trying to prove something.
McGEE:
What about the money?
Lieutenant O'Connell
was forced to make a withdrawal.
Yes, well, theft is involved
in all five cases,
likely to support
his habit.
Robbery is his work,
but murder is his pleasure.
And what were you doing while
Ducky was doing all the work?
Hmm.
I was collecting stats
on Jessica Shaeffer.
Hmm.
What, you profiled the lawyer?
I found an in and
made a new friend.
By faking more car trouble?
Actually, I bought her lunch.
Her website bio said she'd
moved here from out of state.
I told her how hard
my own move was.
She empathized.
She's actually
a really nice person.
She became
a public defender
because of her uncle.
He was wrongly convicted
and died in prison.
So she truly believes
that Hicks is innocent?
Are we done talking?
Yup.
My new friend invited me down
to meet Hicks during recess.
Actually, Hicks requested it.
He, uh, wants to show us
he has nothing to hi...
Really?
Oh, yeah. I'm
going with you.
Okay.
Oh, great!
My file cabinet.
Thanks so much.
You can just put it anywhere
over there, all right?
Oh, that's a unique
piece of furniture.
Till we meet again, sir.
TORRES: You mean the cabinet
from San Diego?
It's in her office now?
She had it shipped.
ABBY: That doesn't
mean anything, you guys.
I asked Sloane about this.
She said she doesn't profile
people in her spare time.
Okay, and you believe her?
Why wouldn't I?
She's my friend.
(phone ringing)
McGEE:
Guys, I'm telling you,
this is just what Sloane
wants us to think.
She became "friends"
with that lawyer
just to profile her.
Mm-hmm. Well, did Torres
tell you what she said
about me? She said
I'm the type
to have feet
like a werewolf.
I mean, why would she say
that? It's not even true.
I'll take off my shoes
right now and show you.
Um... actually, uh,
Sloane didn't...
Uh, you know what, uh, Bishop,
we should show McGee
what we've been working on.
There's so many files.
BISHOP:
Yeah, these are from
the other four murder cases.
Suspects?
Uh, there are
about 20, at least.
Authorities were never able
to narrow down the list.
BISHOP: Hard evidence
was just as nonexistent
as it was in
the O'Connell case.
Got something.
So, the FBI collected these bags
a few days after the murder.
They were turned over
by bank customers
who bought fruit in them
from our Witness X.
FBI couldn't pull her DNA
or fingerprints?
No, but there were
unknown particles
on the outside
of two of the three bags.
What was it?
The particles were too small
for their mass spectrometer
to analyze.
Should've given them to you.
They did.
And Ye Olde Major Mass Spec
gave me the same bad news
back then.
Ye Olde Major Mass Spec?
Yeah, this was
11 years ago.
He's had many
upgrades since then.
He's like a whole new man.
I'm...
so proud of him.
You retested the particles
and got a hit.
I did.
It's a clear
rust protectant
that's made for farm equipment.
That's pretty specialized.
ABBY: Yeah, there's
only three stores
in the area that carry it.
Two of them were not
in business 11 years ago.
So I just got off the
phone with the third.
It's a paint store
that's been open for 40 years.
So we're thinking
our fruit lady
got her bags from
a paint store?
Well, there's only one way
to find out.
I'm on it.
All that paperwork
is killing me.
I'll text you the address!
Thanks so much
for talking to us.
I know you're
in the midst of a trial.
We won't keep you long.
Thank you for coming.
You get to
a point where
having someone want
to hear you out--
it means everything.
Where would you
like him to start?
Actually, I'd like
to hear whatever
Gabriel would
like us to know.
I-I don't know. Um...
I-I guess that I'm not
what people think I am.
And what do people
think you are?
A liar.
They think I lied
about where I was that night.
I got my days mixed up.
I was scared.
The FBI was questioning
me, and I...
And you had a record.
Yeah.
Armed robbery. I was a
stupid kid with a knife
trying to steal
some beers.
I know how
that sounds.
So, Gabriel, why do you think
you were convicted?
For the longest time, the only
thing that made sense in my head
was that I was framed.
After I was convicted,
I-I heard about
Agent Mason getting
a promotion.
I thought that maybe
he had moved the body
closer to where
I was staying, or...
changed the description
of the car
in order to make me look guilty.
What about now?
I trust Jessica
with my life.
She didn't find any
evidence that I was framed.
So... the only
answer left
is that I was in the wrong
place at the wrong time.
A coincidence.
Some people don't
believe in such things.
(sighs) I wish
they were right.
I'd be on the outside eating
ice cream right about now.
Ah, that's what you'd do
if you were out, eat ice cream?
No, I...
I don't know why
I said that.
When I was a kid,
playing Little League,
we'd lose,
and it felt like
the end of the world.
So my dad, he'd take me
out for ice cream.
He'd order two scoops
of vanilla, and...
the world was right again,
you know?
He died last year.
And they wouldn't let
me out for the funeral.
Jessica and hope.
That's all I got left in here.
Thank you.
So, what do you think?
Well, no analysis
could be conclusive
after 30 minutes, but
I didn't see anything
to suggest psychopathic
tendencies.
And?
And what?
And what about that gut
of yours?
Huh?
Oh, yeah. That's right, cowboy.
Your gut is so famous,
people bow down to it
all the way to California.
(chuckles) Right.
Come on, lay it on me.
Give me some of that gut stuff.
Tiny bit.
MAN: These the bags
you're talking about?
Yes, sir.
Been using the same ones
since the beginning.
Lot of people now,
they carry their stuff out
with their bare hands
'cause of landfills
and whatnot.
Mr. Rydell...
Pop. Everyone calls me Pop.
All right, Pop.
Uh, I know it's a long shot,
but I need to ask you
about someone
from about 11 years ago.
If I don't remember it,
it didn't happen.
That's how sharp my mind is.
All right, well, she, uh...
she used to sell fruit
around that time,
and she might have
put it in bags
like these from your store.
Sure, I know
who you're talking about.
You do?
My employee.
He used to take home
a stack of bags
now and then to his aunt,
who sold fruit.
All right. What's his name?
I'll do you one better.
You can talk to
him yourself. Ray!
Name's Raymond.
Been working for me
since he was a kid.
Ah.
What you need, Pop?
Hey, Raymond.
Special Agent Nick Torres.
NCIS.
I need to talk to you
about your aunt.
My aunt?
The one you used
to bring the bags for.
R-Ray?
(dog barking in distance)
(chuckles)
Okay.
Night night.
Night night.
(siren approaching)
(door closes)
This guy's aunt
is Witness X.
The fruit lady?
Yep.
VANCE:
Does Agent Torres
plan on asking him a question?
Probably.
It's possible his aunt
could I.D. our killer.
Yes.
Don't you think that warrants
you being in the room?
No.
They swung at each other
and connected.
They got a history now.
Torres needs to use that.
I told him
to take a page from Sloane.
Ah, find an in.
TORRES: You got quite
a hook there, man.
Look, man, I don't want
to be here any more than you do.
I got a boss.
He's an old dude, like yours.
He's gonna make me stay here
two hours plus,
minimum, whether
you're talking or not.
Hey, you box, right?
I mean, you have to
with a swing like that.
'Cause this hurt.
(exhales)
Come on, man.
I'm just trying
to pass the time here.
A place over on Maple.
Maple and Third?
Freddie's Gym.
Ah, I went there
a couple times.
You know, Freddie doesn't let
just anybody in there.
You got to be good peoples.
And if Pop has kept you around
since you were a kid, well...
he must think you're all right.
I trust Pop and Freddie.
Yo, Ray,
just talk to me
about your aunt so the both of
us can get the hell out of here.
Okay.
Okay, I cash the checks.
Checks?
You know what
I'm talking about.
My aunt's checks.
One of her customers left...
her some money in his will.
Checks started coming
after she moved away.
Where'd she move to?
Look, I needed
the money, man.
Pops is still paying me
like it's 1950.
I don't care
about the checks, man.
I just need to know
where your aunt is.
I don't know. I thought
she was suing me or something.
She didn't send you?
What's her name?
Mary Smith!
That was Gibbs on the phone.
I need all hands on deck.
Witness X
is Mary Smith.
Oh, could she have
a more common name?
We also know
that she has annuity checks
from Dawson Mutual
coming to the home address
of her nephew, Raymond Smith.
Well, still, she might
as well be Jane Doe.
Okay, guys, less complaining
and more finding her.
Thought you'd all want to know--
Sloane's cabinet?
Definitely locked.
I just helped her move it
to the other side of her office.
Hey, did she say anything about
my feet when you were up there?
Hmm?
Uh, Bishop, Sloane never said
anything about you at all.
Torres made up the whole thing
about the werewolf feet.
What? Why?
Well, because he likes
to drive you crazy.
Rude.
ABBY:
Okay, guys.
I got a middle name.
I found it on one of
the annuity documents.
Mary Elaine Smith.
I'm gonna search DMV.
I've got government programs.
Banks and credit cards.
I'll hop
on the autopsy computer,
check for death certificates.
All right, guys, we can do this.
Let's find a current address.
MAN:
Mr. Hicks, it's your testimony
that on the evening
of August 24, 2006,
you were staying at
the Richardson's hunting cabin
to write?
Yes.
I was young.
I was traveling the country,
writing,
trying to find myself.
The cabin was just one of the
places I stopped along the way.
And the thousand dollars in cash
that you had in your possession
when you were apprehended--
you said you earned that
doing odd jobs?
Yes.
Do you have any of
your employers' names?
Not all of them.
I'd work a day here and there
for anyone that would hire me
along the way.
You mean, along
your writing journey,
while you
weren't producing
any writing?
Objection. Asked and answered.
Sustained.
Mr. Hicks, that money you had--
you didn't earn that, did you?
Yes, I did. I...
No, you stole it.
You stole it
from Lieutenant O'Connell.
It's what was left
of his withdrawal, wasn't it?
Objection. Badgering.
Then you force him
into your van.
Then you bound him.
Objection.
Sustained.
Then you drag him in the forest.
Mr. Gardiner.
Then you listen to him
plead for his life,
and you strike him so hard
that it caves in his head.
Mr. Gardiner, ask a question
or shut it down.
Mr. Hicks,
if what you say is true,
you were simply
in the wrong place
at the wrong time.
Is that correct?
Yes.
Simply in the wrong cabin,
at the wrong time,
with the wrong vehicle,
with the wrong amount of cash.
That would make you
the unluckiest man in the world,
wouldn't it?
Yes.
(phone ringing)
Bishop, tell me something good.
We got Witness X.
You got what? A name?
Mary Elaine Smith.
She is alive and well.
We tracked her current location
through Social Security.
You're on your way
to talk to her?
Gibbs is.
Keep me posted.
My nephew
was cashing the checks?
We'll get you what you're owed.
No, I don't want it.
Poor kid's had about
as many breaks as I have.
I didn't have enough
to take care of him,
so I left.
But that's not why
you're here, is it?
A man named Gabriel Hicks
is being retried for murder.
You know who I'm
talking about?
You want to know
about the man I saw
driving the blue van that day.
That's right.
I had a few oranges left,
and I wanted to get rid of them
so I could get home.
The man in the van
told me he wasn't interested.
I offered a better price.
He told me to walk away
or I'd regret it.
What did he look like?
It was a long time ago,
and I-I wouldn't know him
if I saw him.
But I do know he was black
and in his 40s.
You sure about that?
Why didn't you tell someone?
I did.
I figured he didn't believe me
because I was just some lady
selling fruit on the street.
Who didn't believe you?
That FBI man.
He tracked me down
11 years ago,
and I told him
exactly what I just told you.
FORNELL:
What do you want me to say?
That you knew where she was
11 years ago
and you talked to her.
Yeah, I talked to her.
And you covered it up.
Because she was lying
through her teeth.
She would've created
reasonable doubt
about a guy that
I know was guilty.
You didn't know a damn thing.
I've got a gut, too, Gibbs!
I knew.
You said yourself
there's reasonable doubt.
Guy takes one
lefty swing,
and you want to throw the whole
investigation out the window?
We got an eyewitness
saying it wasn't him!
Mary Smith was threatened.
Hicks got her to say
exactly what he needed her to.
He scared her so bad,
she's still lying for him.
Happens all the time.
Come on, Gibbs.
A witness is so intimidated
that they disappear.
You know I'm right.
I know about afterwards.
I remember that.
Mason wasn't the only one to get
a promotion off of all this.
I was on this case for a year.
I took Lieutenant O'Connell's
mother to dinner every Sunday
because he wasn't there
to do it anymore.
I promised her justice,
and that's what I gave her.
You expose this witness?
It ends me.
My career.
Emily.
God, Emily.
But...
it's bigger than that.
If you expose
Mary Smith,
a murderer walks.
A serial killer.
Hicks goes off on his merry way,
and we can't try him
for this anymore.
You got blinders on, Tobias.
You didn't do the job.
You never acted
as judge and jury?
Convicting him
was not your call to make.
Hypocrite doesn't
look good on you.
Get out.
Gibbs...
Leave.
Tobias, get out.
Okay, uh, send her up, please.
Boss, Jessica Shaeffer's
on her way up now.
What do we know?
Have you talked
to Mary Smith?
What do we know?
Could she describe the killer?
I asked you a question.
What have you
been doing?
Where is the evidence?
Boss, the list
of suspects
in these other four cases,
it's huge, and we can't
connect any of 'em to
Lieutenant O'Connell's murder.
But we can't connect Hicks
to any other cases either.
BISHOP: Hicks may have
been in the area when all
five murders happened, but so
were at least 20 other suspects.
So we got nothing!
Agent Gibbs.
Agent Gibbs,
I need to speak to you.
I thought
I had your cooperation.
You should've
contacted me already.
For what?
You found Witness X.
Says who?
Are you telling me
you didn't find her?
Or should we start talking
Brady violation?
Agent Gibbs,
(scoffs) I don't know
what's going on here,
but this is a man's life
we're talking about.
What did the witness say?
I'm calling you to the stand.
We'll see what you have to say
under oath.
You had no business discussing
this investigation with anyone.
Uh, who-who'd
I tell what?
You know what I'm talking about.
I wish I did.
Damn it, Sloane...
What? What?!
The lawyer. Your new friend.
You're the only one
with a connection to her,
and she knew we found Witness X.
Okay.
I'm gonna lay it
out for you, okay?
There's two choices.
Option one,
you tell me what's going on,
and none of it
ever leaves the room.
Option two,
I find out on my own--
and I will find out--
then I can't make any promises.
So now you know
I didn't open my big mouth,
and you want to talk, but you
don't want me to think I won.
Nobody won.
(exhales)
Just talk.
Lawyer is calling
me to the stand.
If I tell the truth,
a man will lose
everything.
This man...
known him a long time.
Has a daughter.
He's your friend.
Mm.
And if you lie
to protect your friend,
you could be re-sentencing
an innocent man to death.
Yeah.
That is quite
a conundrum, isn't it?
(clears throat)
So, what do you think
about my cabinet?
I think you are trying
to distract me
with a handcrafted piece
of furniture.
Now, why would I do that?
Because...
you don't know the answers
any more than me.
You're right.
It is handmade.
My, um...
my dad made it for my mom
before they were married.
He was this
great craftsman.
But he was so busy
trying to woo her
that he made the bottom drawers
too tight.
It got humid,
and the wood swelled.
And then they quit opening.
He wanted to fix it,
but, uh, my mom said no.
She loved it
just the way it was.
That one act tells you
everything you need to know
about my mom.
Anyway... (sniffles)
the drawers still don't open,
so it's empty.
But I like having it
in my office.
(grunts)
It reminds me that
even extraordinary people
make mistakes.
That's a given.
It's our response to...
those mistakes that defines us.
So...
Lock up when you're done.
Agent Gibbs,
answer the question.
Did you locate
Witness X?
(sighs softly)
Yes. Yesterday.
What's her name?
Mary Elaine Smith.
Was Mary Smith able to describe
the man in the blue van?
Yes.
What was her description?
African-American,
in his 40s.
(gallery murmuring)
JUDGE:
Order.
Order.
Were you inclined to believe
this witness?
Agent Gibbs,
did you believe Mary Smith?
Yes.
Why is that?
Because she gave
the same statement
at the time of the crime.
To whom?
Let me remind you, Agent Gibbs,
you are under oath.
To whom did Mary Smith give
her statement 11 years ago?
FBI Agent Tobias Fornell.
(gallery murmuring)
Ladies and gentlemen,
if you'll follow me,
Mr. Hicks will be making
a statement in the atrium.
Thank you.
Ah, Tobias.
It was me.
I tipped off the lawyer
about Witness X.
Why?
What the hell for?
Because I knew
you'd do the right thing.
I've been carrying this around
so long...
I didn't know what
the right thing was anymore.
But I knew you would.
HICKS:
To my lawyer,
Jessica Shaeffer.
I can't thank her enough
for believing in me
and seeing justice through
to the end.
Thank you.
You're welcome.
Thank you all.
Excuse me.
(reporters clamoring)
Agent Gibbs.
(chuckles)
I don't even know what to say.
You don't have to say anything.
You gonna be okay?
Yeah. Yeah, it's just...
It's overwhelming.
I don't even know what to do
with myself out here anymore.
Start small.
Maybe some ice cream.
(chuckles):
Right.
Two scoops of chocolate,
in honor of my dad.
Vanilla, wasn't it?
You said your dad
ordered vanilla.
(chuckles):
Vanilla. Right.
I guess I'm even more
overwhelmed than I thought.
Eh.
Thank you.
Oh, yeah.
*
It's possible
he really was overwhelmed.
Or he made the
whole thing up.
You lie about ice cream,
it doesn't make you a murderer.
No.
Does make him a liar.
SLOANE:
He knows we're here.
Switch-hitter.
He played us.
Game's not over.
Captioning sponsored by
CBS
since my trial.
Ten years.
They kept showing this picture
of what he looked like before.
Lieutenant O'Connell.
They talked about
how he was brave,
how he served
his country,
how he took his mother out
for dinner every Sunday.
Then they showed the picture
of him after he was gone.
He was wearing
his uniform,
and his head...
(gavel banging)
I see that picture
when I close my eyes.
(gavel banging)
MAN: Order!
Order in this courtroom!
(gavel banging)
They said he was
bound and dragged.
I imagine it in my head.
(crying):
No, please! Please, no!
He was hit so hard,
the side of his head caved in.
O'CONNELL:
No!
HICKS:
I imagine it all.
Everything they said,
everything they showed
in that courtroom--
it's in my head,
and it won't go away.
And everyone who looks at me...
...they think I did that to him.
Did you, Gabriel?
Did you murder
Lieutenant O'Connell?
No.
Then start from the beginning.
Tell me how you ended up here.
I was framed.
By who?
NCIS.
*
Morning, Bishop.
Hey, McGee, cannot wait to
work with you today, bud.
Why are you
so chipper?
Well, Bishop,
I woke up this morning,
and I realized that
all of my T-shirts
are too small.
Well, I could've
told you that.
They're practically
child-sized.
No, man.
It's my arms.
My biceps are
gaining inches, man.
All those reps are...
are really paying off, baby.
I woke up this morning,
I looked down at my arms,
and you know when you know?
I-I just knew
that today was gonna be
a great day, for all of us.
So all of us are gonna have
a great day
because of your muscles?
Mm-hmm.
SLOANE: Hey, Nick.
Incoming.
What the hell?
It's a gift.
Foxy Feet Pedicure Kit,
as seen on TV.
Buy one, get one free.
So, you're welcome.
Wait. This is
for your feet.
Why would I want this?
I could've sworn
you were the type
who self-pedicured
at least once a week.
You know the drill.
Well, I don't know
the drill, but, uh,
thank you, I guess.
I-I don't think so.
Got it. As you were.
You know, I bet
you would go to great lengths
to prevent any kind
of physical imperfection.
BISHOP:
Mm-hmm, and Sloane is
really good at
reading people.
Oh, come on, guys.
I already told you.
I spend every free minute
I get in the gym.
I don't have time
to do this kind of stuff.
Fine. I'll take it.
No, I'm taking it.
Oh, hey, what's up, Gibbs?
Dead body, boss?
Nope.
Special Agent Gibbs.
Jessica Shaeffer,
federal public defender.
Pleasure.
I'll assume you won't mind
if I forego the B.S.
No.
Six months ago,
I took on the case
of a man named
Gabriel Hicks.
He was convicted of
kidnapping, robbing
and murdering Navy Lieutenant
Edward O'Connell.
Hicks was
wrongfully convicted.
He served ten years on death row
for a crime he didn't commit.
O'Connell's murder
was before my time.
I thought maybe you could
fill in the blanks, Gibbs.
Wasn't my case.
But you remember it.
Joint investigation
with the FBI.
If she thinks
Hicks is innocent...
She thinks that we botched
the investigation.
Actually, I thought
you framed him.
Luckily for you,
I found no evidence of that.
But what I have found are
some rather jumbled reports
written by the NCIS point.
Special Agent Mark Mason.
Died of a heart attack
five years ago, I'm aware.
I'm mid-trial on
this thing, Director.
I have done
my homework.
But Agent Mason's
not why I'm here.
Okay. Then what?
Lieutenant O'Connell's
autopsy report.
It was completed by
a second-string M.E.
Ducky's mom was having surgery.
He took a leave.
We sent the body
to the city M.E.
I received permission
to have it exhumed.
Now I want
your permission
to have the best
of the best take a look.
I've already taken the liberty
of messengering
Dr. Mallard the original
copy of that report,
and the body.
The great American
physician, poet and polymath
Oliver Wendell Holmes, Senior,
once said,
"Where we love is home,
home that our feet may leave,
but not our hearts." (chuckles)
In other words,
it's great to be back.
This is all really lovely,
but can we...?
Oh, uh, yes,
you're due back in court.
Let's get started.
Based on these photos
and reports, I can safely say
that I agree
with your cause of death.
Blunt force trauma.
Yes. Here, to the side
of the head.
With what appeared to be
a metal pipe.
Yes. Ms. Shaeffer.
You seemed to have
studied the report well.
But, uh, what do
you see, Dr. Palmer?
Well, the injuries
and blood spatter
show that the victim was
kneeling while the assailant
was standing for the fatal blow.
Gentlemen, as we've established,
I know the report.
I don't need it read back to me.
You agree with
it, I understand.
Ms. Shaeffer, the findings
were correct, but, the, uh,
analysis is incomplete.
Now that I see the decomposition
of the outer layers,
I have a clearer picture.
Clearer than
the prior M.E.
You see,
the point of impact
is the posterior left
and radiates
down toward the temple.
Now, this means
that the assailant
had to be standing behind him.
My colleague has just given you
a concurring second opinion.
I don't understand.
This injury-- it's the result
of a left-handed swing.
The original M.E.
missed that fact.
Ms. Shaeffer, dare we ask about
your client, Gabriel Hicks?
He's right-handed.
He's innocent.
God, I love my life.
What happened? Your
shirt get even tighter?
I wish. No, Agent Sloane just,
uh, told me something, uh...
It's made my day,
that's all.
Well, what was it?
Nah, I shouldn't say anything.
It's about you, Bishop,
and it's kind of like, uh...
it's kind of embarrassing.
What? Wait.
You mean she was profiling me?
What did she say?
It was embarrassing?
Embarrassing how?
You really want me to say it
in front of McGee?
(clears throat)
Uh, these are the
O'Connell case files?
Yeah, there were a lot more
than I expected.
Makes sense.
Agent Mason didn't input
his reports electronically.
I can see why. The info is
so disorganized, I mean,
it'd take forever to categorize.
TORRES: Damn it.
I hate stacks
of paper.
So, 11 years ago,
Lieutenant Edward O'Connell
was abducted
outside of his home in Virginia
by a man driving a blue van.
O'Connell was forced to withdraw
$1,200 cash from his bank
while the assailant waited
in the van in the parking lot.
Come on.
A military guy like that?
No way he'd get back in the van.
He must've been
threatened somehow.
O'Connell was murdered
in the forest.
Body was found the next day.
Fast forward a year.
Gabriel Hicks was convicted
of robbery, kidnapping
and first-degree murder.
Sentenced to death.
Evidence?
All circumstantial--
Hicks drove a blue van,
and was found with
over $1,000 cash on him.
He also gave a fake alibi.
Said he was at his friend's
house at the time of the murder.
Turns out, he was staying
at a hunting cabin
near the crime scene.
McGEE:
Several witnesses saw
a blue van outside
the lieutenant's home
before the abduction.
Any of them see the driver?
No, but a woman who sold fruit
in the bank parking lot
was believed to have
gotten a close-up view.
By the time
investigators realized
she could know something,
she couldn't be located.
Agent Mason referred
to her as "Witness X."
Torres, you have
anything to add?
Crime scene photos.
Let's go back to the forest
and see if we missed anything.
FORNELL:
Course I remember it.
I remember all the cases
I was point on.
They're like
my ugly work babies.
So you heard about the retrial?
Yeah. Technicality.
It's a real waste
of tax dollars.
There's no way this jury is
gonna find anything different.
The guy did it,
no question.
Yeah. Mason thought that, too.
It's more than a thought, Gibbs.
Hicks is as guilty as they come.
Why are we talking about this?
Yeah. Maybe he's not.
Ducky says
that the killer
was left-handed.
Hicks is right-handed.
Come on.
A million things
could've happened
to make the guy swing lefty.
Victim was bound and kneeling.
Why swing with your off hand?
I don't know. Ask Hicks.
I took another look
at all the evidence.
Everything you had
was circumstantial.
The guy lied to my face
about where he was that night.
And did you get a look
at his priors?
One prior.
Yeah.
Armed robbery.
Look, did we have this
thing gift-wrapped? No.
It was messy as hell,
but it was enough.
Gibbs, I'm telling you,
Hicks is guilty, 100%.
All right. Good to know. Thanks
for keeping me in the loop.
According to the M.E.
in San Diego,
Sloane profiled everyone
in their office.
No.
Yeah.
Apparently, she had a-a big
wooden cabinet full of files,
kept it locked
all the time.
No way, man.
I was just in her office.
There was not one cabinet there.
I don't know-- she's already
started in on you and Bishop.
Okay, so I...
I got a confession to make.
Uh, Sloane was not asking
anything about Bishop.
Uh, I made the whole thing up.
What, to take the heat
off your pedicures?
No, man, just 'cause
it drives Bishop crazy.
She keeps asking me, "Oh,
what did Sloane say about me?"
What do you think I should say,
something about her feet?
Or something else?
(chuckles)
I don't know,
but GPS says the body was found
in this general location.
Well, it looks like the tree.
The sign is there,
but...
something's different.
11 years later,
the bark's grown over it.
Wow. Mother Nature
kicks ass.
McGEE: Huh, looks like
something's under there.
Look at that.
It's Lieutenant
O'Connell's license.
You think it's been
there the whole time?
Well, the only reason we
found it is 'cause the sign
was pushed forward
from the tree.
ABBY: What was the victim's
license doing there?
I mean, and how the
heck did it end up
behind that sign
in the first place?
Sounds like a question
with a very Abby answer to it.
There are no answers
coming to me.
(computer beeps)
There's an answer coming to me.
Blood on the license?
Well, it's degraded,
due to years of exposure,
but all we needed was
one viable sample to confirm.
And, yup, it belonged
to Lieutenant O'Connell.
Bummer for us,
the killer didn't leave any DNA,
and we still don't know
how the heck
the license got behind the sign
in the first place.
The killer.
What?
Uh, the killer put it there.
What do you mean?
Well, I've been
searching ViCAP
with relevant keywords
and parameters,
and I just found a commonality
with four unsolved murders
in the D.C. area.
And those cases
are linked to ours how?
The victim's license
was discovered
hidden at each of
the crime scenes,
and always with
a smear of blood over the face.
So the license
was a calling card.
Whoever murdered
Lieutenant O'Connell
was a serial killer.
FORNELL:
Gabriel Hicks.
I always knew he was
a lying son of a bitch,
but he's worse than
I gave him credit for.
Serial killer
never entered my mind.
VANCE: Well, let's
shake off the hit.
Trial will be over
in a matter of days.
We need to act now,
so let's direct our efforts
and make a plan.
So, we put the O'Connell case
on the back burner
and focus on connecting Hicks
to the other four murders.
That's not the plan
we had in mind, Tobias.
Not the plan?
That's the only plan.
If that lawyer
talks the jury
out of the truth,
Hicks will walk.
We've decided
to take a second look
at the O'Connell case,
with an open mind.
You're kidding me.
We're taking another whack
at Witness X.
The fruit lady?
(chuckles)
Oh, God, please...
tell me I'm being punked.
We know that she was
in the bank parking lot.
She could be key in I.D.'ing or
confirming O'Connell's killer.
Even if you track her down,
you think she's gonna
remember some guy in a van
from 11 years ago?
It's a long shot,
I agree, but the evidence
we have against Hicks
is all circumstantial.
Which is why we have to look
at him for the other murders.
But he was never a suspect
in the other murders,
and Dr. Mallard
believes that the...
Yeah, that the killer's
left-handed. Right.
I got it. Come on.
Gibbs, help me out here.
You want a bottom line?
This lawyer can make
a pretty good case.
Listen to me.
The murders stopped
after Hicks was locked up.
Maybe, or maybe they haven't
been linked with the other ones.
Oh, you're a "maybe"
kind of guy now?
Maybe I am.
Maybe I'm just trying
to figure this out, same as you!
Well, you're talking
like a guy who's...
Gentlemen, gentlemen,
might I remind you
it's this healthy
type of disagreement
that is the beauty of
a joint investigation.
Right.
Well...
while you guys are
going down a rabbit hole,
I'm gonna focus on
getting a slam dunk on Hicks.
We'll keep you in the loop;
you'll do the same.
Yeah, yeah!
SLOANE:
He is...
educated.
He's accustomed
to the use
of a pen.
1894.
Arthur Conan Doyle,
profile of Jack the Ripper.
Yes! You got it
in three characteristics!
You're like
a machine, Ducky.
Yeah, my turn.
What is this?
They're playing
Name That Profile.
I don't know how to interrupt
without getting analyzed.
Hey!
We're standing here.
Uh, yeah.
Yes, you are. Hi.
DUCKY:
I'm sorry, Jethro,
but Jack here is quite a kick.
Yeah, ain't she great?
What do you got?
DUCKY:
Um, I'm building a picture
of our serial killer.
We're looking
for someone with
antisocial personality disorder.
Psychopath.
Indeed.
As to his victims--
well, they're all male
and notably strong,
which suggests he may be
trying to prove something.
McGEE:
What about the money?
Lieutenant O'Connell
was forced to make a withdrawal.
Yes, well, theft is involved
in all five cases,
likely to support
his habit.
Robbery is his work,
but murder is his pleasure.
And what were you doing while
Ducky was doing all the work?
Hmm.
I was collecting stats
on Jessica Shaeffer.
Hmm.
What, you profiled the lawyer?
I found an in and
made a new friend.
By faking more car trouble?
Actually, I bought her lunch.
Her website bio said she'd
moved here from out of state.
I told her how hard
my own move was.
She empathized.
She's actually
a really nice person.
She became
a public defender
because of her uncle.
He was wrongly convicted
and died in prison.
So she truly believes
that Hicks is innocent?
Are we done talking?
Yup.
My new friend invited me down
to meet Hicks during recess.
Actually, Hicks requested it.
He, uh, wants to show us
he has nothing to hi...
Really?
Oh, yeah. I'm
going with you.
Okay.
Oh, great!
My file cabinet.
Thanks so much.
You can just put it anywhere
over there, all right?
Oh, that's a unique
piece of furniture.
Till we meet again, sir.
TORRES: You mean the cabinet
from San Diego?
It's in her office now?
She had it shipped.
ABBY: That doesn't
mean anything, you guys.
I asked Sloane about this.
She said she doesn't profile
people in her spare time.
Okay, and you believe her?
Why wouldn't I?
She's my friend.
(phone ringing)
McGEE:
Guys, I'm telling you,
this is just what Sloane
wants us to think.
She became "friends"
with that lawyer
just to profile her.
Mm-hmm. Well, did Torres
tell you what she said
about me? She said
I'm the type
to have feet
like a werewolf.
I mean, why would she say
that? It's not even true.
I'll take off my shoes
right now and show you.
Um... actually, uh,
Sloane didn't...
Uh, you know what, uh, Bishop,
we should show McGee
what we've been working on.
There's so many files.
BISHOP:
Yeah, these are from
the other four murder cases.
Suspects?
Uh, there are
about 20, at least.
Authorities were never able
to narrow down the list.
BISHOP: Hard evidence
was just as nonexistent
as it was in
the O'Connell case.
Got something.
So, the FBI collected these bags
a few days after the murder.
They were turned over
by bank customers
who bought fruit in them
from our Witness X.
FBI couldn't pull her DNA
or fingerprints?
No, but there were
unknown particles
on the outside
of two of the three bags.
What was it?
The particles were too small
for their mass spectrometer
to analyze.
Should've given them to you.
They did.
And Ye Olde Major Mass Spec
gave me the same bad news
back then.
Ye Olde Major Mass Spec?
Yeah, this was
11 years ago.
He's had many
upgrades since then.
He's like a whole new man.
I'm...
so proud of him.
You retested the particles
and got a hit.
I did.
It's a clear
rust protectant
that's made for farm equipment.
That's pretty specialized.
ABBY: Yeah, there's
only three stores
in the area that carry it.
Two of them were not
in business 11 years ago.
So I just got off the
phone with the third.
It's a paint store
that's been open for 40 years.
So we're thinking
our fruit lady
got her bags from
a paint store?
Well, there's only one way
to find out.
I'm on it.
All that paperwork
is killing me.
I'll text you the address!
Thanks so much
for talking to us.
I know you're
in the midst of a trial.
We won't keep you long.
Thank you for coming.
You get to
a point where
having someone want
to hear you out--
it means everything.
Where would you
like him to start?
Actually, I'd like
to hear whatever
Gabriel would
like us to know.
I-I don't know. Um...
I-I guess that I'm not
what people think I am.
And what do people
think you are?
A liar.
They think I lied
about where I was that night.
I got my days mixed up.
I was scared.
The FBI was questioning
me, and I...
And you had a record.
Yeah.
Armed robbery. I was a
stupid kid with a knife
trying to steal
some beers.
I know how
that sounds.
So, Gabriel, why do you think
you were convicted?
For the longest time, the only
thing that made sense in my head
was that I was framed.
After I was convicted,
I-I heard about
Agent Mason getting
a promotion.
I thought that maybe
he had moved the body
closer to where
I was staying, or...
changed the description
of the car
in order to make me look guilty.
What about now?
I trust Jessica
with my life.
She didn't find any
evidence that I was framed.
So... the only
answer left
is that I was in the wrong
place at the wrong time.
A coincidence.
Some people don't
believe in such things.
(sighs) I wish
they were right.
I'd be on the outside eating
ice cream right about now.
Ah, that's what you'd do
if you were out, eat ice cream?
No, I...
I don't know why
I said that.
When I was a kid,
playing Little League,
we'd lose,
and it felt like
the end of the world.
So my dad, he'd take me
out for ice cream.
He'd order two scoops
of vanilla, and...
the world was right again,
you know?
He died last year.
And they wouldn't let
me out for the funeral.
Jessica and hope.
That's all I got left in here.
Thank you.
So, what do you think?
Well, no analysis
could be conclusive
after 30 minutes, but
I didn't see anything
to suggest psychopathic
tendencies.
And?
And what?
And what about that gut
of yours?
Huh?
Oh, yeah. That's right, cowboy.
Your gut is so famous,
people bow down to it
all the way to California.
(chuckles) Right.
Come on, lay it on me.
Give me some of that gut stuff.
Tiny bit.
MAN: These the bags
you're talking about?
Yes, sir.
Been using the same ones
since the beginning.
Lot of people now,
they carry their stuff out
with their bare hands
'cause of landfills
and whatnot.
Mr. Rydell...
Pop. Everyone calls me Pop.
All right, Pop.
Uh, I know it's a long shot,
but I need to ask you
about someone
from about 11 years ago.
If I don't remember it,
it didn't happen.
That's how sharp my mind is.
All right, well, she, uh...
she used to sell fruit
around that time,
and she might have
put it in bags
like these from your store.
Sure, I know
who you're talking about.
You do?
My employee.
He used to take home
a stack of bags
now and then to his aunt,
who sold fruit.
All right. What's his name?
I'll do you one better.
You can talk to
him yourself. Ray!
Name's Raymond.
Been working for me
since he was a kid.
Ah.
What you need, Pop?
Hey, Raymond.
Special Agent Nick Torres.
NCIS.
I need to talk to you
about your aunt.
My aunt?
The one you used
to bring the bags for.
R-Ray?
(dog barking in distance)
(chuckles)
Okay.
Night night.
Night night.
(siren approaching)
(door closes)
This guy's aunt
is Witness X.
The fruit lady?
Yep.
VANCE:
Does Agent Torres
plan on asking him a question?
Probably.
It's possible his aunt
could I.D. our killer.
Yes.
Don't you think that warrants
you being in the room?
No.
They swung at each other
and connected.
They got a history now.
Torres needs to use that.
I told him
to take a page from Sloane.
Ah, find an in.
TORRES: You got quite
a hook there, man.
Look, man, I don't want
to be here any more than you do.
I got a boss.
He's an old dude, like yours.
He's gonna make me stay here
two hours plus,
minimum, whether
you're talking or not.
Hey, you box, right?
I mean, you have to
with a swing like that.
'Cause this hurt.
(exhales)
Come on, man.
I'm just trying
to pass the time here.
A place over on Maple.
Maple and Third?
Freddie's Gym.
Ah, I went there
a couple times.
You know, Freddie doesn't let
just anybody in there.
You got to be good peoples.
And if Pop has kept you around
since you were a kid, well...
he must think you're all right.
I trust Pop and Freddie.
Yo, Ray,
just talk to me
about your aunt so the both of
us can get the hell out of here.
Okay.
Okay, I cash the checks.
Checks?
You know what
I'm talking about.
My aunt's checks.
One of her customers left...
her some money in his will.
Checks started coming
after she moved away.
Where'd she move to?
Look, I needed
the money, man.
Pops is still paying me
like it's 1950.
I don't care
about the checks, man.
I just need to know
where your aunt is.
I don't know. I thought
she was suing me or something.
She didn't send you?
What's her name?
Mary Smith!
That was Gibbs on the phone.
I need all hands on deck.
Witness X
is Mary Smith.
Oh, could she have
a more common name?
We also know
that she has annuity checks
from Dawson Mutual
coming to the home address
of her nephew, Raymond Smith.
Well, still, she might
as well be Jane Doe.
Okay, guys, less complaining
and more finding her.
Thought you'd all want to know--
Sloane's cabinet?
Definitely locked.
I just helped her move it
to the other side of her office.
Hey, did she say anything about
my feet when you were up there?
Hmm?
Uh, Bishop, Sloane never said
anything about you at all.
Torres made up the whole thing
about the werewolf feet.
What? Why?
Well, because he likes
to drive you crazy.
Rude.
ABBY:
Okay, guys.
I got a middle name.
I found it on one of
the annuity documents.
Mary Elaine Smith.
I'm gonna search DMV.
I've got government programs.
Banks and credit cards.
I'll hop
on the autopsy computer,
check for death certificates.
All right, guys, we can do this.
Let's find a current address.
MAN:
Mr. Hicks, it's your testimony
that on the evening
of August 24, 2006,
you were staying at
the Richardson's hunting cabin
to write?
Yes.
I was young.
I was traveling the country,
writing,
trying to find myself.
The cabin was just one of the
places I stopped along the way.
And the thousand dollars in cash
that you had in your possession
when you were apprehended--
you said you earned that
doing odd jobs?
Yes.
Do you have any of
your employers' names?
Not all of them.
I'd work a day here and there
for anyone that would hire me
along the way.
You mean, along
your writing journey,
while you
weren't producing
any writing?
Objection. Asked and answered.
Sustained.
Mr. Hicks, that money you had--
you didn't earn that, did you?
Yes, I did. I...
No, you stole it.
You stole it
from Lieutenant O'Connell.
It's what was left
of his withdrawal, wasn't it?
Objection. Badgering.
Then you force him
into your van.
Then you bound him.
Objection.
Sustained.
Then you drag him in the forest.
Mr. Gardiner.
Then you listen to him
plead for his life,
and you strike him so hard
that it caves in his head.
Mr. Gardiner, ask a question
or shut it down.
Mr. Hicks,
if what you say is true,
you were simply
in the wrong place
at the wrong time.
Is that correct?
Yes.
Simply in the wrong cabin,
at the wrong time,
with the wrong vehicle,
with the wrong amount of cash.
That would make you
the unluckiest man in the world,
wouldn't it?
Yes.
(phone ringing)
Bishop, tell me something good.
We got Witness X.
You got what? A name?
Mary Elaine Smith.
She is alive and well.
We tracked her current location
through Social Security.
You're on your way
to talk to her?
Gibbs is.
Keep me posted.
My nephew
was cashing the checks?
We'll get you what you're owed.
No, I don't want it.
Poor kid's had about
as many breaks as I have.
I didn't have enough
to take care of him,
so I left.
But that's not why
you're here, is it?
A man named Gabriel Hicks
is being retried for murder.
You know who I'm
talking about?
You want to know
about the man I saw
driving the blue van that day.
That's right.
I had a few oranges left,
and I wanted to get rid of them
so I could get home.
The man in the van
told me he wasn't interested.
I offered a better price.
He told me to walk away
or I'd regret it.
What did he look like?
It was a long time ago,
and I-I wouldn't know him
if I saw him.
But I do know he was black
and in his 40s.
You sure about that?
Why didn't you tell someone?
I did.
I figured he didn't believe me
because I was just some lady
selling fruit on the street.
Who didn't believe you?
That FBI man.
He tracked me down
11 years ago,
and I told him
exactly what I just told you.
FORNELL:
What do you want me to say?
That you knew where she was
11 years ago
and you talked to her.
Yeah, I talked to her.
And you covered it up.
Because she was lying
through her teeth.
She would've created
reasonable doubt
about a guy that
I know was guilty.
You didn't know a damn thing.
I've got a gut, too, Gibbs!
I knew.
You said yourself
there's reasonable doubt.
Guy takes one
lefty swing,
and you want to throw the whole
investigation out the window?
We got an eyewitness
saying it wasn't him!
Mary Smith was threatened.
Hicks got her to say
exactly what he needed her to.
He scared her so bad,
she's still lying for him.
Happens all the time.
Come on, Gibbs.
A witness is so intimidated
that they disappear.
You know I'm right.
I know about afterwards.
I remember that.
Mason wasn't the only one to get
a promotion off of all this.
I was on this case for a year.
I took Lieutenant O'Connell's
mother to dinner every Sunday
because he wasn't there
to do it anymore.
I promised her justice,
and that's what I gave her.
You expose this witness?
It ends me.
My career.
Emily.
God, Emily.
But...
it's bigger than that.
If you expose
Mary Smith,
a murderer walks.
A serial killer.
Hicks goes off on his merry way,
and we can't try him
for this anymore.
You got blinders on, Tobias.
You didn't do the job.
You never acted
as judge and jury?
Convicting him
was not your call to make.
Hypocrite doesn't
look good on you.
Get out.
Gibbs...
Leave.
Tobias, get out.
Okay, uh, send her up, please.
Boss, Jessica Shaeffer's
on her way up now.
What do we know?
Have you talked
to Mary Smith?
What do we know?
Could she describe the killer?
I asked you a question.
What have you
been doing?
Where is the evidence?
Boss, the list
of suspects
in these other four cases,
it's huge, and we can't
connect any of 'em to
Lieutenant O'Connell's murder.
But we can't connect Hicks
to any other cases either.
BISHOP: Hicks may have
been in the area when all
five murders happened, but so
were at least 20 other suspects.
So we got nothing!
Agent Gibbs.
Agent Gibbs,
I need to speak to you.
I thought
I had your cooperation.
You should've
contacted me already.
For what?
You found Witness X.
Says who?
Are you telling me
you didn't find her?
Or should we start talking
Brady violation?
Agent Gibbs,
(scoffs) I don't know
what's going on here,
but this is a man's life
we're talking about.
What did the witness say?
I'm calling you to the stand.
We'll see what you have to say
under oath.
You had no business discussing
this investigation with anyone.
Uh, who-who'd
I tell what?
You know what I'm talking about.
I wish I did.
Damn it, Sloane...
What? What?!
The lawyer. Your new friend.
You're the only one
with a connection to her,
and she knew we found Witness X.
Okay.
I'm gonna lay it
out for you, okay?
There's two choices.
Option one,
you tell me what's going on,
and none of it
ever leaves the room.
Option two,
I find out on my own--
and I will find out--
then I can't make any promises.
So now you know
I didn't open my big mouth,
and you want to talk, but you
don't want me to think I won.
Nobody won.
(exhales)
Just talk.
Lawyer is calling
me to the stand.
If I tell the truth,
a man will lose
everything.
This man...
known him a long time.
Has a daughter.
He's your friend.
Mm.
And if you lie
to protect your friend,
you could be re-sentencing
an innocent man to death.
Yeah.
That is quite
a conundrum, isn't it?
(clears throat)
So, what do you think
about my cabinet?
I think you are trying
to distract me
with a handcrafted piece
of furniture.
Now, why would I do that?
Because...
you don't know the answers
any more than me.
You're right.
It is handmade.
My, um...
my dad made it for my mom
before they were married.
He was this
great craftsman.
But he was so busy
trying to woo her
that he made the bottom drawers
too tight.
It got humid,
and the wood swelled.
And then they quit opening.
He wanted to fix it,
but, uh, my mom said no.
She loved it
just the way it was.
That one act tells you
everything you need to know
about my mom.
Anyway... (sniffles)
the drawers still don't open,
so it's empty.
But I like having it
in my office.
(grunts)
It reminds me that
even extraordinary people
make mistakes.
That's a given.
It's our response to...
those mistakes that defines us.
So...
Lock up when you're done.
Agent Gibbs,
answer the question.
Did you locate
Witness X?
(sighs softly)
Yes. Yesterday.
What's her name?
Mary Elaine Smith.
Was Mary Smith able to describe
the man in the blue van?
Yes.
What was her description?
African-American,
in his 40s.
(gallery murmuring)
JUDGE:
Order.
Order.
Were you inclined to believe
this witness?
Agent Gibbs,
did you believe Mary Smith?
Yes.
Why is that?
Because she gave
the same statement
at the time of the crime.
To whom?
Let me remind you, Agent Gibbs,
you are under oath.
To whom did Mary Smith give
her statement 11 years ago?
FBI Agent Tobias Fornell.
(gallery murmuring)
Ladies and gentlemen,
if you'll follow me,
Mr. Hicks will be making
a statement in the atrium.
Thank you.
Ah, Tobias.
It was me.
I tipped off the lawyer
about Witness X.
Why?
What the hell for?
Because I knew
you'd do the right thing.
I've been carrying this around
so long...
I didn't know what
the right thing was anymore.
But I knew you would.
HICKS:
To my lawyer,
Jessica Shaeffer.
I can't thank her enough
for believing in me
and seeing justice through
to the end.
Thank you.
You're welcome.
Thank you all.
Excuse me.
(reporters clamoring)
Agent Gibbs.
(chuckles)
I don't even know what to say.
You don't have to say anything.
You gonna be okay?
Yeah. Yeah, it's just...
It's overwhelming.
I don't even know what to do
with myself out here anymore.
Start small.
Maybe some ice cream.
(chuckles):
Right.
Two scoops of chocolate,
in honor of my dad.
Vanilla, wasn't it?
You said your dad
ordered vanilla.
(chuckles):
Vanilla. Right.
I guess I'm even more
overwhelmed than I thought.
Eh.
Thank you.
Oh, yeah.
*
It's possible
he really was overwhelmed.
Or he made the
whole thing up.
You lie about ice cream,
it doesn't make you a murderer.
No.
Does make him a liar.
SLOANE:
He knows we're here.
Switch-hitter.
He played us.
Game's not over.
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