NCIS (2003–…): Season 8, Episode 10 - False Witness - full transcript

Hmm.

Mm.

Hmm.

Oh, my God.

- Okay, so?
- So Gibbs was there.

- You were there too.
- Uh-huh.

But Gibbs was speaking
with an Israeli accent.

You sounded like Jimmy Palmer.

I'm not comfortable with the fact
you had a dream about me.

Well, it's not like I can control it.

You're not making me feel
any better.

Get this down to archives ASAP.

- They've been asking for them.
- Okay.

Agent McGee,
Probationary Agent David.

Good morning.

Looks like Tony.

Doesn't sound like him.

What are you up to, Tony?

Just catching up
on some old paperwork.

I think we're being set up
for something.

Then we should just ignore him.

Old paperwork, huh?
Boy, that sounds fun.

Maybe you can do
some of my expense reports

- from my Canadian trip, huh?
- Got in early. Had some time to kill.

Also there's a get-well card
for Director Vance in there.

Just sign it
when you get the chance.

Huh? Last time you did
an expense report for me,

you reclassified my meals
as livestock feed.

Well, that was a little childish.

- Yeah, I was audited.
- I guess that makes us even.

Great. Then I don't need
to hear about it. Whatever it is.

Get moving.
We've got a missing petty officer.

- There were no hits on the NCIC.
- Has he been missing 30 days?

We're not waiting 30 days.

"Petty Officer Jerry Neisler."

Gail Walsh,
district attorney out of Arlington.

Only been a day, but the petty officer
is a witness in a capital murder trial.

The only witness.
- Any idea where he is?

Right. That is what
we're gonna find out.

He's Navy, so I'd hoped NCIS
might be able to help.

My department is stretched thin
as it is and I'm almost out of time.

The trial starts in two days.

My entire case
rests on Jerry's testimony.

Without it the killer will walk.

This is the last place I saw Jerry.
I dropped him off here six days ago.

He was supposed to check in
every day.

He does not live here?
- No.

He was going on a hunting trip
with a friend

who was about to deploy
to Afghanistan.

He was gonna stay
and water the plants.

You check the officer's place?
- With a fine-toothed comb.

After a credit card purchase for gas,
he disappeared without a trace.

We spoke to the friend.
He didn't know Jerry was here.

The hunting trip appears
to have been successful.

Wherever the petty officer has
gone to, it appears he left in a hurry.

This holiday turkey
is not gonna last very long.

Did his testimony put him at risk?

If this was a mafia trial, I'd say yeah.
But not this case.

You think different.

I think there's a lot of baseball bats
lying around this place.

Trust me. No one's gonna care
when the jury says guilty.

There's another bat
in the guest bedroom.

Boss, I spoke to the neighbors.

If there was someone here,
they didn't know it.

I suggest
we canvass the local take-outs.

Looks like the petty officer
was eating in.

- Good idea.
- It was Agent McGee's suggestion.

Good idea.

Agent Gibbs seems
like a capable investigator.

There is none better.

And, um, Agent DiNozzo?

He is, um,

also capable.

And, uh, single.

- Excuse me?
- No, I just...

I noticed
that he wasn't wearing a ring.

Oh, gosh, I'm sorry.
Are you and he?

No. No.

My relationship with him
is strictly professional.

- And barely that.
- Hmm.

Then you wouldn't mind if I, uh...

We are in the middle
of an investigation. And you a trial.

I know.
I just like to keep my options open.

Did you know that the majority
of people meet their spouses at work?

Huh. Uh, not something
I have high hopes for.

Let's bag it.

Really?

There's a giant, feathered turkey
laying in the fridge

and that's all you're gonna say?

What am I supposed to say?

Well, I don't know.
Maybe something like:

"What do turkeys eat on Christmas?

Nothing, they're already stuffed."

- You feeling all right?
- Yeah, are you?

Fine.

P.O. Neisler may have forgotten
his Christmas turkey,

but, uh, he took his shotgun.

We're gonna need to look
at your case files.

Of course. Of course, yeah. Um,

Agent DiNozzo, did you want
to accompany me back to my office?

The files are heavy
and I need someone with strong arms.

So long, Mr. Professional.

I think I'm just gonna stay here.
I'm sure Agent McGee can help you.

Baseball bats and a shotgun.

The petty officer was worried
about something.

Petty Officer Jerry Neisler,
born and raised in Charlottesville.

He served two tours in Iraq
before being reassigned to the States.

His, uh, record is, um, interesting.

Define interesting.

Despite good reports from his COs,
he was repeatedly transferred.

Administration, communications.

Doesn't play well with others?
- Uh, actually, no. It's nothing like that.

Jerry's parents were psychologists.
And he was an only child.

Which means what exactly?

Well, you kind of have to meet him
to understand.

Working on it.

Along those lines, I took the liberty

of making a list of possible reasons
Jerry Neisler lost contact.

Number one,

witnesses with a personal relation
to the accused

are sometimes reluctant to testify.

Yes. Yes. Kind of like...

You know.

Kind of like Robert De Niro
in Sleepers.

Yes. The movie, Tony.

Number two,
someone is threatening the witness.

Why wouldn't Jerry call me
if he were threatened?

Maybe he can't.

Okay, this is everything that we have
on the murder trial.

The killer's name is Samuel Hayes.

But he doesn't exactly have a lot
of friends that would go to bat for him.

Wife is dead,
his daughter is a ward of the state.

Okay, this is getting really irritating.

He's making us look bad.

McGee, you have something?

Uh, well, I was just...

I was saying how it's also possible

that the, um, uh, disappearance
has nothing to do with the trial at all.

Or does.

Uh, how do you divide things up?

My investigators handle BOLOs,
check the hospitals.

We trace the petty officer's
prior movements.

- Starting with his hunting trip. Go.
Okay.

Etymology, archeology.
Oh, sociology, fluviomorphology.

- Fluvio? Fluvio...
- Morphology.

It's the study of the formation
of river channels.

Fascinating. I think.

Yes, it's almost as fascinating
as hymenopterology.

Hym... Uh, that is the study of?

Insects, Mr. Palmer. And specifically,
those with four diaphanous wings.

Okay, well, we may have to prune
this list down just a little bit, doctor.

I think that Facebook has a limit
to the number of interests.

Facebook?

Yes, Jethro. Facebook.

That's that thing
that some people do things with?

The term is social networking.

- Mm-hm.
- If I'm to maintain my proficiency

when I'm doing
psychological autopsies,

I have to keep up
with the latest cultural development.

As long as you keep current
on this case.

Fear not.
I may be new to social networking,

but the Mallards
invented multitasking.

Mr. Palmer.

Yes, given your interest
in the petty officer's hunting trip,

and the lack of a human victim,
I took the liberty of, uh...

Oh, trust me, Jethro,
you'll be glad I did.

Cause of death was a shotgun blast
to the breastbone. As expected.

What is not expected, however,
are these yellow and tan tail feathers.

- That it?
- Well, the subspecies of turkey

on the East Coast
all have brown tail feathers.

Duck, help me out here, will you?

Well, this is
a Rio Grande turkey, Jethro.

And they are found almo...

Oh, add ornithology to the list.

They are found almost exclusively
in Kansas, Oklahoma or Texas.

So where did Petty Officer Neisler
get this one?

He could have taken
a cross-country hunting trip.

His CO ordered him
not to leave the state before the trial.

Then if you wanna find out
where the petty officer has been,

I suggest that you determine
from whence this turkey came.

Five, six, seven, eight.

Hi, Gibbs. I'll bet you don't know
what this is called.

Turkey trot.

- I'm impressed. You wanna join?
- Not really.

Well, can I finish?

All right.

I can see that you're here
to talk turkey. Get it?

- Abs.
- Sorry, I just...

I'm excited, Gibbs,

because I think
that I already figured out

what I figured out you came
to ask me.

Where did this come from?

I ran the turkey's DNA
through the "nwat-fah-dih-nahd."

It's the National Wild Turkey
Federation DNA Database.

They really need a new acronym.

Turkey DNA database?

I know.
It's a wonderful time to be alive, Gibbs.

And with it, I can tell you
why there was a Rio Grande turkey

in Petty Officer Neisler's refrigerator.

- Why?
- Well, it turns out

if a state
has a turkey overpopulation problem,

they'll catch and release
to other states that need a boost.

- They keep records?
- Good ones.

So there was a pre-Christmas release
two weeks ago out of Virginia.

All the DNA is stored.

So if a bird is in the system,

we can pinpoint
exactly which hunting ground

he was released to. Which I did.

And here it is. Look familiar?

Last hit on our missing guy's
credit card was ten miles from here.

Yeah, so I figure maybe he's hiding out
in familiar woods.

It's what I would do if I were him.

Without the hunting part,
which means that I wouldn't be him,

I would still be me then.

Oh. If I never see another dead turkey
again it will be too soon.

Well, you're probably gonna see one
Christmas Day.

Ha. Not this year. I'm going skiing.

Really? With who?

With, uh, my friend from Miami.

He lived in the French Alps for a while
and, uh, he says he misses the snow.

Uh-huh. Hey. Excuse me. NCIS.

You seen this guy?

- No.
- No.

- How about you? No?
- Mm-mm.

We have been
to three parks already.

The lead was thin enough
to begin with.

Perhaps Abby's sending us
on a wild...

Oh, never mind.

- He's here.
- How do you know?

That's the guy.
Hey, don't move.

- Whoa, whoa, easy. Don't shoot.
- Found him.

I won't testify, I promise.

NCIS. Nobody's gonna kill you.

Oh, thank God.

- We got it from here.
- When I saw you flashing my photo...

She's got the eyes of a killer,
and you with that suit on,

I figured I was dead.

Somebody threatening you?
That why you're running?

I got these badly worded e-mails
warning me not to testify.

Said if I told anyone they'd kill me.

So I decided to lay low until the trial.
Stayed at a buddy's.

But they found me.

The second warning said
they weren't hugged enough as a child.

Then I got this.

It is District Attorney Walsh.

- No. Don't answer that.
- Why not?

She knew where I was staying.
I didn't tell anyone else. She's in on it.

- The DA?
- Yeah.

Yeah, this is Gibbs.

It's Walsh. Any luck finding Jerry?

- Uh-uh.
- Nothing?

No. We still haven't found him yet.

The original is down
with Abby. So is Jerry.

They're working
on ID'ing the guy who made it.

The old knife-to-the-neck.
Reminds me of...

Reminds you of what?

Reminds you
of an old fraternity prank?

A Halloween movie?

- I know what you're doing.
- I know what you're doing.

- What am I doing?
- I don't know.

- But it's bugging me to such a deg...
- I know what we're not doing.

I did a complete background check
on the DA. Nothing jumps out.

She may not be the source
of the leak.

She could've told someone
where Jerry was staying.

She did not tell her assistant.
Per your request, I made inquiries.

Discrete inquiries.

It appears the DA was the only person
who knew Jerry's location.

- Shall I arrange a safe house?
- He stays with us.

I wasn't able to trace the e-mails Jerry
was sent, but the intent was very clear.

To stop him from testifying,
which means our killer walks.

No, I think the answer
is in the trial somewhere.

I suggest
we divide up the case files by...

Trial centres around accused killer
Samuel Hayes, 41.

Worked as a private investigator
for years

digging up dirt on bigwigs
for bigwigs.

However, despite his somewhat
grimy job, he was a family man.

Had a reputation as a stand-up guy.
Then his world fell apart.

His was wife was killed
in a car accident. He started drinking.

His daughter ended up a ward
of the state.

- He ended up in the street.
- That's right, boss.

Hayes made a, uh, living working
as muscle for whoever would hire him.

Then one night, he mugged
a brother and a sister in an alley.

Shot and killed the sister.
Katie Gray.

Our petty officer saw the whole thing.

DiNozzo,
find who the killer worked for.

- Ziva.
- I will stay on the DA.

- McGee, I wanna talk to the brother.
- Got it.

Katie had just taken me out
for my birthday.

Benihana. It was a family tradition.

Used to be a Polaroid.

It's not really the same now.

But nothing was the same
after our parents died.

- Your sister got custody of you?
- That was my big sister.

Always looking out for me.

Even on the night she was killed.

We took a shortcut home.

And this guy pulled a gun on us.

Katie didn't even hesitate.

She jumped right in front.

I don't remember
what happened next.

Just the blood.

- You weren't able to identify the killer?
- I couldn't be sure.

I made the mistake
of telling the police that.

Not a mistake. You just want
the right guy to pay for this.

But we know who the right guy is.
There's a witness.

Or there was.

The DA told me he's missing.

- She say anything else?
- That you're looking for him.

But you need to look harder.

That witness saw everything.

You know, my parents raised us
to forgive and forget.

But all I want right now...

Payback.

Justice.

You have to find that witness,
Agent Gibbs.

You have very symmetric
zygomatic arches.

Long as they help catch
whoever's after me.

Well, taking precise measurements
of your face,

I can extrapolate the exact dimensions
of the knife-holding hand.

It'll be useful
when we get a suspect.

Hmm. Smart. I can see why Agent
McGee was interested in you.

- Excuse me?
- When he brought me down here,

he didn't seem too comfortable
leaving me alone.

I love this song.

I've had, um, problems with visitors.

So he was just being overprotective.

Of what? Your butt?

He couldn't stop checking it out
when your back was turned.

Really?

But I can see why you want
to keep things casual.

And why is that?

What if he was the one?

You're obviously married to your work.
It's too soon to meet the one.

- Are we done?
- Yes. Very.

Gibbs, can you make him
go away, please?

- Go with him. Look at some photos.
Sure.

- I'm Jerry.
- Forensics from the murder trial.

- You take a look yet?
- Oh, yeah.

All they've got is a positive GSR test
on the alleged killer's shirt.

- It means he fired a weapon.
- Not who he fired at.

Yeah. The case is gonna hinge
on Jerry's testimony.

I'm sure he has a lot to say.

I know someone else who might.

I got that list of people
the killer was working for.

Drug dealers, loan sharks.
Hoping he beats the murder rap.

Hayes gets convicted,
he could cop a plea.

Rat any of them out.

Gives them all motive
to try and shut Jerry up.

This guy is interesting.
Smitty Brown.

Dealing in black-market weapons,
drugs.

Been making a lot of visits
to Hayes in the joint.

Pick him up.

Can't find him. He disappeared
the day Jerry received the DVD.

- I wanna talk to Hayes.
- Already made arrangements.

Good job.

- Again.
- Thanks, boss.

Are you feeling okay, DiNozzo?

Never felt better.

Hmm.

Um, I would stay away from that Jerry
if I were you.

Holler when you're done, sir.

What did I do now?

Close six.

You know this guy?

Yeah, I know him.

I helped with collections

when customers were behind
in their payments.

- You know where he is?
- Now, how would I know that?

Well, he's your number one visitor.

Actually, he's your only visitor.

Sorry, can't help you.

What did you guys talk about?

Keynesian economics.
Paleolithic migration.

You know, guy stuff.

Don't remember.

Before.

After.

You remember this?

Your old boss tell you
that if you kept your mouth shut,

- he'd take care of the witness for you?
- I don't have to answer you.

- Where is he?
- And what are you gonna do? Hmm?

DA is already asking
for the death penalty.

Yeah. And it's an airtight case.

- Officer.
Open six.

- Should I take my shoes off?
Wish you wouldn't.

Never stayed at a safe house before.

What's for dinner?

Beans.

So you met with the killer.

Think he knows who's after me?

Well, I think he knew something.

I saw him at a hearing.

Seems like a sad, sorry guy.

Kind of reminds me of you.

Both live alone, no family.

- Hey.
- I'm just saying, look at her.

You can tell she's got good taste.

Never let you get away with this
lumpy couch if she was still here.

Seems you're trying
to make some changes.

Some kind of home makeover?

Finally cleaning up
these magazines.

Right.

There's a cot down in the basement.
Right through there.

Can I use the phone?

I told my CO I'd, uh, let him know
where I was staying tonight.

- You spoke to your CO?
- Yeah, I called him this afternoon.

Felt bad
about not giving him a heads-up.

- Get down in the basement.
- What's wrong?

- Get in the basement. Go, go, go.
- All right. Okay.

Where he is?

He's downstairs in the basement.

You have no right to withhold
my witness from me. This is my case.

It's our case.

We need to talk. Sit down.

You've done enough talking.

Who gave you permission
to visit Hayes in prison today?

- I don't need your permission.
- You sure about that?

Did you know after you spoke to him
there was an attempt on his life?

He'll live
but the trial has been postponed.

Which just puts Jerry
in more jeopardy.

You're not helping my case.
You're gonna ruin it.

I demand you hand over custody
of Jerry. He is my witness.

Not gonna happen. Not till I find out
who's trying to stop him from testifying.

Yeah, we want the same thing.

- Really now? Do we?
What are you suggesting?

Jerry said you're the only one
who knew where he was.

You think that I am trying
to sabotage my own trial?

I didn't tell a soul where Jerry was.

Whoever was threatening him
must have been following him.

What else aren't you tell me?

Withholding information
just further jeopardizes this case.

We think we know who's after Jerry.
The accused murderer...

Has been visited several times
in prison by this man.

- Who is he?
- A former employer. Smitty Brown.

We think he's worried

that your killer is gonna rat him out
if convicted.

Cut him some kind of deal.

But if Jerry does not testify,
no deals to cut.

- Why haven't you picked him up?
- Can't find him.

I may be able to help with that.

My office has a number
of active informants in the street.

Fine. But Jerry's staying here.

Only on the condition that you keep
me apprised of any new information.

Hey, boss.
I just got an e-mail from Abby.

Says she has some new information.

Should I
go after the district attorney?

No.

Here you go.

- Twenty bucks?
Twenty bucks.

- Just to drink a gallon of eggnog?
- Up you go.

All right?

Chug! Chug! Chug!

Bet you can't wait
to see how that ends.

Badly. But I think
I'm going to be able to use this

to track down the guy
that made Jerry's DVD.

Of course you can, Abs.

Well, I've been hitting
a lot of brick walls.

I mean, there's no fingerprints

and this product is sold
in, like, a thousand places.

But then I noticed something.

Two dead pixels. There and there.

The dead pixels have to be
from the camera that was used

to shoot the video.

So it's sort of like a fingerprint.

I started scanning
other video upload sites

like CyberVid and YouTube

to try to find other videos
that had the same missing pixels.

That's enough to make an ID?

Well, with all
the possible combinations,

the odds of a match being
a coincidence is extremely remote.

- You got a match.
- Actually, I got four.

And all I needed to do
to narrow them down

was to measure the hands
in the video

and then compare them
to the hand in Jerry's video.

If I get a match, we've got our guy.

And I got a match.

This video was uploaded
four years ago.

The profile belongs to a guy named
Joe Casey. He is our cameraman.

Send it to McGee.
We're gonna need a BOLO.

Actually, no, you're not.

Joe Casey has been a guest
in the county morgue

since this morning.

Joe Casey, 23 years old.

Already had a record for B&E,
larceny, grand theft auto.

And a rep as a gun for hire.

We're thinking that Smitty Brown
hired him to scare the witness.

- Took him out when he was done.
The local ME disagrees.

When I picked Casey up,
he told me that he believed

that the cause of death
was an animal mauling.

And you don't, Duck?

Duck?

Oh, I'm sorry.

Uh, well, this liver doesn't seem
so much mauled as inflated.

- Inflated?
- Yes, literally to the point of exploding.

And look here.

A number of these organs,
well, they appear to have freezer burn.

And yet the rest of the body
shows no signs of...

Duck, why are you so distracted?

Oh, I apologize.

Dr. Mallard has received several
e-mails from various, uh, lady friends

since posting his online account.

Well, some of them
are quite provocative.

I'm having difficulty concentrating.

- Freezer burn.
- Yes.

Freezer burns throughout the thoracic
and abdominal regions.

I mean, I'm simply at a loss
to explain it.

However, Mr. Palmer may be able
to help you

narrow the search parameters
for this man's killer.

He made an astute discovery.

This tattoo right here, it's new.

The micropunctures had barely begun
to heal when he was murdered.

I would say that this man was killed
within minutes

of this tattoo being completed.

So if you can find the parlor...

Somebody may have seen
something.

Good work, Duck.

Wait. Actually, I'm the one who did...

Good work, Dr. Mallard.

The dumpster where they found
Joe Casey's body is behind this,

and that is the only tattoo parlor

within a five mile radius.

You got Casey's photos?

Yeah. Tony had them
waiting for me on my desk.

And, um, he also had updated
all of my BOLOs on Smitty Brown.

Well,

the joke's getting kind of old,
isn't it?

I no longer think he's joking.

Look, Tony is a great investigator,
don't get me wrong.

But the closest he likes
coming to filling out paperwork

is renewing his Maxim subscription.

I know. Which is why
I'm growing so concerned.

You know what? Actually, I am too.

He gave me half his french fries
at lunch.

One of us has to confront him.

And tell him what? Why aren't you
acting like a 14-year-old anymore?

I was gonna say
more like a 12-year-old, but yes.

Is that Smitty?

I believe so.

Smitty.

Who wants to know?

I'll make you a list.

Don't I get a phone call
or something?

I'm gonna want that back.

You want that back too?

It's called a WASP knife, right?

Used by hunters
to take down big game.

Injects compressed gas,
freezing and exploding internal organs.

- Found it in your car.
- It's a murder weapon.

I don't even know this guy.
Why would I wanna kill him?

- Tying up loose ends.
- I don't have any loose ends.

Samuel Hayes.

On trial for murder.
Gonna get the chair.

You were afraid
that if he, uh, gets convicted,

he'll turn you in
for a lighter sentence.

He had on you on dealing,
gun-running.

Then you hired this punk,
Joe Casey, to intimidate the witness.

- Then you killed him.
- You got this wrong.

And when you couldn't stop the trial,
you tried to have Hayes whacked.

I didn't try and kill anybody.

Casey tried to kill me.

Look, I heard somebody was messing
with the witness

in the Hayes' trial, same as you.

So I put the word out on the street,
find out who it was.

You ask anybody.

That's when I met this Casey guy.

I don't know who he was working for,
but it wasn't me.

I told him to back off the witness.

He made a move.

It was self-defense. End of story.

- Told him to back off?
- That part you're not getting.

I don't want Hayes out of prison,
I need him in prison.

I needed a guy inside the joint
to help me out

with this little side business
I had going.

My last dealer got executed.

Hayes agreed to be my new guy.

What did he get out of it?

Just kept asking me to make deposits
to some life insurance policy he had.

Life insurance? For a guy
about to get the death penalty?

I don't know what his deal is, all right?

I just know what the deal was.

And I can prove it.

- You and Tony are...
- Enough! We're just friends.

- There is nothing different about him.
- All right.

Hey, you recognize him?
- No.

Rest of Smitty's story checks out.

He did have an inside guy in prison
dealing for him. Recently executed.

I was also able to confirm

that he was making Hayes'
insurance policy payments.

In fact, Hayes recently placed a call
to his broker

to confirm the policy pays
even if he is executed.

- Who's the beneficiary?
- Well...

Thank you.

His daughter.

Still no leads on whoever tried
to kill Hayes in prison, though.

Because no one did. I just got
off the phone with the prison doctor.

He now believes
Hayes' wounds were self-inflicted.

He disguised his suicide attempt.

The guy thought he was gonna walk.

Why try and kill himself?

Seems pretty obvious to me.

I'm sure you guys
would have figured it out eventually.

Hayes doesn't wanna
beat the murder rap. He's given up.

He just wants to die
and leave one last gift to his daughter.

But he thought I was missing,
which meant he'd go free.

So he tried to kill himself.

Another sad guy.

Then, uh, who
has been intimidating the witness?

Somebody is trying
to get this guy out of prison.

Hey, I think I found something here.

Take a look at the call log
from Smitty's burn phone.

There are several calls
from this number.

Look familiar?

District Attorney Walsh.

The same DA who said
she didn't know who Smitty was.

This is ridiculous. You have no right
to treat me like a criminal.

And I have a date in two hours.

Thanks. I was getting a headache.

Really?

This is usually your favorite part.

"Getting to watch reality TV at work,"
as you call it.

Well, people change, Ziva.

Yes. But, ha, not that quickly.

And yet here we have this new Tony

who arrives early, stays late,

turns down advances
from beautiful women,

and has not made a single joke
in the past... What?

- Two days.
- I haven't? Are you sure?

Ha.

- We are in the middle of a case.
- Has not stopped you before.

It's stopping me now.
I'm sorry if you're losing sleep over it,

but I can't be responsible
for everyone's feelings.

- Everyone. For example?
- You and McGee

and the Brenda Bittners of the world.
Everyone.

- Brenda.
- Yeah. Bittner.

The girl who posted online

that we were
in a committed relationship last year.

Yes.

Yes, but if I remember correctly,

the only thing you were committed to
was a one-night stand.

- That's right.
- Huh.

I just found out
that she checked herself

into a depression treatment facility
or something

after she wrapped her car
around a tree. Nice one, huh?

And you feel responsible?

No. I mean, I barely knew the girl.
I'm just saying.

Well, clearly,
she was a troubled woman.

- It's clear now, isn't it?
- Mm.

Still, it must be, um, unsettling to think
that you didn't notice at the time.

Especially since your job
is to help people who are in trouble.

I don't know why this has gotten under
my skin like this. I mean, of all things.

Maybe instead
of having a mid-life crisis,

I'm having a mid-life crazy.

Look, you are not crazy, okay?

You are just growing up.

And some lessons are more painful
as we grow older,

when the stakes are higher.

But you need to find balance.

And yes, yes, yes, you need
to treat people more respectfully,

especially when it comes
to matters of the heart.

But you need to be

who you are.

Who am I?

You are Tony DiNozzo,
a class clown.

That is why we love you.

I'm gonna have your badge.

You lied to me.

- You withheld information.
- Look who's talking.

You said
you didn't know our prime suspect.

His cell phone sure knows you.

In the last month alone, there's
half a dozen calls there from you.

- You knew about his prison visits.
- Okay. Look, I had a good reason.

What? To destroy your own case?

No. No. I withheld my relationship
with Smitty to protect my case.

Your relationship?

Smitty was an informant
for my office.

And then things
got a little complicated.

What? He's a good-looking guy.

If the killer's defense team
found out

that I was sleeping with a subject
of the investigation,

they could argue that the entire
chain of evidence had been tainted.

My case would be over.

Maybe.

Maybe if you had
said something earlier?

Please. Please.
You do not have to tell the judge.

Yeah, actually, I do.

It's unbelievable, isn't it?

After all this,
the killer could still walk.

We'll know
as soon as the hearing's over.

- Listen, Tony...
- Not you too.

Ziva talk to you already?

And?

And I think the hearing's over.

Doesn't look good.

How bad?

The judge threw the case out.

The interim DA is looking
at his options, but as of now...

Hayes walks.

Plus, we never got to find out
who was threatening Jerry.

How did the victim's brother take it?

- He wasn't there.
- Really?

Trial notes say he's been
to every hearing.

Yeah. I read that one too.

- There we go. Merry Christmas.
- Thank you, man.

Move. The alley.

You have anything to say to me?

They know what you did.

Excuse me?

You hired the guy who tried to stop
my trial. They know what you did.

We found the wire transfer
you used to pay him.

You wanted to scare Jerry out
of testifying. We just don't know why.

Why don't you put the gun down
and explain it to us?

No.

He has to pay for what he did.

He was about to.

The DA was asking
for the death penalty.

Do you know how long the average
convicted killer spends on death row

before being executed?

Thirteen years,
assuming it happens at all.

It just wasn't gonna cut it.

So you tried to get Hayes
out onto the streets

where you could get payback.

No, I'm going to get payback.

Matt, it's not worth
throwing your life away.

And what about my sister's life?

She was the only family I had left.

And you took her.

I can't give you her life back, okay?

But maybe I can give you yours.

Well, Merry Christmas to me.

Look, I'd supply the bullets myself

if killing me would make you
feel better, but it won't.

You don't know anything about me.

I've spent more time
thinking about you

than I have anything else
in my entire life.

And I'm clean now
and I can barely remember what I did.

But I understand it now.

I took your sister's life.

I wasted mine.

Are you really gonna let me
destroy yours as well?

Put the gun down.

And what? He just goes free?

It's just a matter of time

before the new DA re-files the charges
and I'm back in court again.

And you know what?

I'll just save everyone the trouble
and I'll plead guilty.

Hell, I'll even sign the confession
right now.

And maybe we can just pretend
that this never happened.

We may have to settle for pretending
some of it never happened.

I can talk to the DA.

I miss her so much.

Another dream about work, McGee?

Please tell me I was not in it.

You weren't, but your knives were.
What do you think that means?

Well, I do not want to speculate.

- Palmer, what's wrong?
Jerry.

Thanks, Gibbs.
You really saved my life.

I told Palmer not to talk to him.

Why is Jerry still here?

He wanted to thank Gibbs
personally.

So, uh, Gibbs tell the DA yet
about, uh, Matthew Gray?

Yeah. He's willing to drop
the witness intimidation charge

if Gray pleads guilty
to the weapons charge.

He won't do any time.

Looks like you're gonna have
to have another talk with him.

Mm-hm.

You.

Too much?