All language subtitles for NCIS - S13E09 - Day in Court.en

In a stunning and sudden end

to a story that we've been
closely following for weeks,

Petty Officer Kyle Friedgen,

who seemed destined
for death row

for killing his ex-girlfriend,
Joy Vanatter,

is now a free man.

With the judge throwing out
a vital piece of DNA evidence

linking Friedgen to the murder,

he now walks out of jail
through a loophole in the law.

Here they come!
They're coming out!

(reporters clamoring)

Detective Malone.

What do you think
about the judge's ruling?

We arrested the right guy.

Mr. Wyner, would you care
to comment on the fact that

your mishandling of a warrant
caused evidence to be thrown out

and the charges dismissed?

It was an unfortunate
misunderstanding,

but I accept
full responsibility.

Will this affect your run
for City State's Attorney?

I'm more concerned about
the miscarriage of justice.

Uh, the hearing
was a travesty.

A guilty man
is getting away with murder.

Thank you.

(reporters clamoring)

Come on, honey.
Let's get you out of here.

I can't wait
to get home.

My car's in
the parking structure.

Hanna, come on.

I'm not going home
with you, Kyle.

I'm moving in
with my parents.

I stood by you.

You're free now,

and... I'm done.

CARRIE:
I'm sorry, Kyle.

♪ ♪

I'm just exhausted.

I didn't sleep at all
last night.

How come?

Zoe insists on having
the lights on.

Any reason
for that?

Well... nyctophobia,

which is this...
fear of darkness.

I mean, you know,
here she is,

she's this kick-ass
ATF agent...

she's got to sleep
with the lights on?

Well, a lot of people
have phobias, Tony.

Even you.
Don't get on your high horse,

Mr. Fear of Heights.

Acrophobia, so what?
A lot of people live with that.

Bish? Any phobias?

Yeah, phobophobia.

Fear of people with phobias.

You know, I once dated a girl
who had pteronophobia.

What is that?

The fear of being tickled
with a feather.

That's interesting. Kinky.

Wait a minute. You haven't dated
that many people.

Do I know this person?

Is it Delilah?

No, it's not Delilah.

It's Abby.

Is it Abby?

It is.

It's Abby.

Listen to me.
She will kill me, okay?

You have to promise, promise
that you will not tell her.

I promise.

You have my word
as a gentleman,

I promise.

BISHOP:
All right.

Thanks for trying.

(sighs)

Jake and I are going to
the Kennedy Center tonight.

Can't get reservations for
anywhere decent afterwards.

Any ideas?

Adams House Grill.

Senior's favorite.

I'll make a call.

Thanks.

That'd be great, Tony.

Anyone hear from the boss?

That's good, thank you.

Thought you weren't hungry.

(chuckles)
You know, I can order you

your own side of bacon.

No, I-I'm good.

It just... it just smelled good.

I'm glad you suggested
that we meet here.

How's the knee?
Oh, it's good.

It's good.

It, uh, it swells,
I ice it, you know.

(laughs)

He have something to do
with the, uh... "favor"

you wouldn't talk to me
about on the phone?

CARRIE:
Know who he is?

GIBBS:
Well, yeah.

The murder and arrest did get
a lot of media coverage.

Kyle, this is Special
Agent Gibbs.

Miss Clark said you might
be able to help me, sir.

Help you with what?

Kyle, sit down.

Since the Baltimore judge

dismissed the charges
against Petty Officer Friedgen,

his life has been hell.

His wife has left him.

She is threatening
to deny him access

to their
soon-to-be-born child.

He's reported back to duty
aboard the Ulysses,

and his shipmates
are harassing him.

FRIEDGEN:
You gotta understand.

I didn't do anything.

I'm innocent.

But nobody believes me.

Everyone thinks
I'm guilty of murder

and got off on a technicality.

The police aren't looking
for anyone else, Gibbs.

What do you want me to do?

I want NCIS
to arrest me for murder.

I want the truth to come out.

I deserve my day in court, sir.

I want to be court-martialed.

He wants us to arrest him?
GIBBS: Yes.

McGEE: Well, you gotta
give the guy credit.

It's a novel request.

Give his lawyer credit.

She thinks outside the box.

It opens the door for us
to investigate the murder.

It's crazy.

Why would
he want us involved?

GIBBS: Because he swears
he's innocent.

Prisons are filled with guys
who swear they're innocent.

Yeah. The difference is,
Friedgen's not in prison.

So, what do we know
about him?

What do we know
about the victim?

Well, Kyle Friedgen

and Joy Vanatter
dated in high school.

He got her pregnant
when she was 16.

She had an abortion.

A year later,
they got into a violent argument

and he was arrested for abuse.

TONY:
Got a year's probation.

When he turned 18,

he enlisted in the Navy.

Since then,
it appears

that he's gotten
his life in order.

He's got a clean
military record.

He married his wife,
Hanna, two years ago,

and they're expecting their
first child next month.

Things went less well
for Joy Vanatter.

She's been arrested on drug
and prostitution charges.

DiNozzo, take McGee with you,
go to Baltimore.

Find out what
the police know.

I'll find out who's in charge
of the investigation.

Look at this with fresh eyes.

Can Hanna really keep me
from seeing my own child?

Well, as we've seen, you never
know what a judge might do.

Her father got to her.

He never liked me.

JAG is on board, Carrie.

They're willing to go through
with the court-martial,

pending our investigation.

Other than the DNA evidence
that was tossed,

everything else against
Kyle is circumstantial.

He and the victim
had history together,

and exchanged some texts
and a phone call

the day of the murder,
but that's it.

I haven't seen
the Baltimore file yet.

What, exactly,
did the judge throw out?

A syringe,

with traces
of Joy Vanatter's blood.

It was found in Kyle's car.

You want to explain that?

I can't.

But I swear,

I haven't seen
her in years.

She texted me.

She said she wanted
to meet that day,

but I didn't.

Someone must
have planted

the damn needle.
Who?

You want the truth?

We're gonna
dig deep on this.

You're a free man
right now.

Are you sure you want
to go through with this?

I got nothing to lose, sir.

Everyone thinks that I'm guilty.

I might as well be.

I want my life back.

Ah, the smell of feet
in the morning!

Hey, hey!

Malone!
DiNozzo!

(laughs)

How are you, my brother?

You smell good.
(laughing)

This is Special
Agent Tim McGee.

So is this guy behaving himself?

Is this the DiNozzo?

MALONE:
In person.

Hey, you are, like,
legend around here.

I have heard a lot of
wild stories about you.

Tell me. "Buck Naked Bust"?

That's not true.

That is 100% true.

So who was naked, you or the perp?
Both of us.

I was undercover
at a nudist colony.

MALONE:
See, we got this tip.

Pole dancer stole from her boss,

so she's hiding out
in a nudist colony.

DiNozzo volunteers

to go undercover.
Of course he does.

Is it true that
you spotted her right away,

but didn't make the arrest
for two days?

Three days.

DiNozzo'll tell you
all his war stories later.

Um, State's Attorney Wyner
is waiting to talk to you guys.

Joy Vanatter's body was found
on the morning of October 8.

Cause of death...
blunt force trauma.

Forensics indicates the body
was moved and then dumped.

We never could determine
the location of the murder

or find the weapon.

You rule out robbery?
Yeah.

Among the personal effects
we found were cash.

Over $200.

So what led you
to Petty Officer Friedgen?

Uh, Vanatter's
cell phone records.

They showed multiple texts

and a call between
her and Friedgen,

but we never did find the phone.

The two were planning to meet
the day of the murder.

Friedgen denies

that they ever hooked up;

says he hasn't
seen her in years.

But he didn't have an alibi
that we could verify.

Yeah, the two had
a violent past,

so he became
a person of interest.

WYNER:
And the clincher?

We found a syringe in his car

with her blood on it.

Proves that they'd
been together previously.

But the judge threw it out.

Yeah, that's my bad.

There was
a misunderstanding

between me
and the judge's clerk.

The warrant wasn't signed
until a few hours

after I'd authorized
Detective Malone

to search
Friedgen's car.

Without that evidence,

we just didn't have
a strong enough case.

Well, in a court-martial,

a unanimous decision
isn't required by the panel,

so maybe we can get your guy.

Oh, I made you a complete
copy of our records.

Can we have access
to the physical evidence?

I'll make those
arrangements.

Great.
Glad to have NCIS aboard.

You'll have
the complete cooperation

of the State's
Attorney's Office.

♪ ♪

Here we are.
Your table.

JAKE:
Oh, this is great.

Thanks. Oh!

Thanks.

WAITRESS:
And the wine list.

Thank you.

Enjoy.

(exhales)

Gershwin music.
symphony orchestra...

was just what
I needed tonight.

Didn't you love it?

I'm glad we went.
Mmm.

Thanks.

I wish we could
get out more often.

We haven't had
a night like this

since you got back from Dubai.

Geez, you're right.

Thank God you weren't hurt.

Yeah, I was lucky.

Now can you tell me why, uh...

why you weren't there
when the bomb went off?

The Agency's been asking me
the same question.

There was a threat assessment
before the conference,

and it was covered up
and then leaked.

They suspect that I had
knowledge of it.

Did you?

Ellie... come on.

Well, where were you?

(sighs)
You know, this...

It's so frustrating.

Is this why you've been so
distracted and distant lately?

When you had NSA clearance,

we could discuss things,
at lunch, at home.

But now...
I know.

I understand, and...

I hate it.

I miss our sneaking off
to lunch at Chez Nicole.

(chuckles)

(laughs)

You know, I still go there
almost every day.

By myself.

We have got to spend
more time together.

ABBY:
Let's see what we got.

All right, this is the box
of evidence collected by

Baltimore PD at the crime scene
where they found the body.

Looks like a blouse.

All right. Now, there should be
three more bags of clothing.

Shoes, pants...

undergarments.

Good morning, Abby, Timothy.

I understand from Mr. Palmer

you have the Baltimore
coroner's report.

I do.

Ah.

Thank you.

This is the cash that was
in the victim's pocket.

It's ten
20-dollar bills.

Ah. The infamous syringe found
in Petty Officer Friedgen's car.

Which is inadmissible
in a court-martial

for the same reason it was

inadmissible in
the criminal trial.

But I'm gonna give
it a once-over.

Or a twice-over.

Well, Gibbs says we have to
start at square one.

Are you gonna have
Joy Vanatter's body exhumed?

I don't have to;
it's still being held

in the Baltimore morgue.

McGEE:
Well, that's odd.

She's been dead
for over a month.

Well, no family member
has come forward

to claim the body.

In such cases, the M.E.
holds on to the remains,

well, as long as
he thinks necessary.

I'm going to dispatch
Mr. Palmer

to retrieve Ms. Vanatter.

(door closes)

We will be moving
into my bedroom.

My father converted it
into his home office,

and now I'm gonna be
sharing it with the baby.

You're having a boy.

(chuckles)
Yeah.

When are you due?

Three weeks.

Never thought I'd be
doing this alone.

Don't get me wrong,
my parents are great.

It's just, uh...

not how I thought
it would be.

How about I give you a hand?

He's really good
with tools.

Oh, please.

Be my guest.

BISHOP:
This must be

a difficult time
for you, Hanna.

Kyle put me and my parents
through hell the past month.

His arrest, the hearing,

finding out he was seeing
his old girlfriend.

Was he ever, um,
violent with you?

No.

You know about
his past troubles?

Kyle never said anything.

He kept all that from me,
and now I realize

he never was truthful.

That's why I believed he...

Capable of
hurting someone?

You mean killing?

Yeah.

I'm sure the police
already asked you this,

but was Kyle acting differently
around the time of the murder?

(dog barking outside)

I don't need
this right now.

He knows I don't
want to see him.

Uh, why don't you take a seat?
No!

I just want this whole thing
in the past.

Kyle, get back in the car.

No, sir.
I want to talk to my wife.

GIBBS: You asked for my help, so
I'm gonna give you some advice.

A confrontation right now
with your wife or her parents...

...it's not gonna
help your cause.

(elevator bell dings)

How'd it go
with the wife?

BISHOP:
She's pretty upset.

Good thing she had an alibi
for the time of the murder.

What'd you find?

The police never seriously
looked at anyone else

after they pulled Joy Vanatter's
cell phone records.

Why?
McGEE: Day before her murder,

Vanatter and Petty Officer
Friedgen were exchanging texts.

TONY:
She was pretty adamant.

She wanted to see him.

This is their final exchange,

the morning she died.

Two minutes later,

he called her.

They spoke for four
minutes and 16 seconds.

Unfortunately, we don't know
the contents of that call.

And when the police

questioned Friedgen,
he acknowledged the call,

but he swore he told her
he would never meet her.

McGEE: When they
found the syringe

with her DNA on it
in his car,

they knew he was lying.

Vanatter also made phone
calls to a burn phone.

Baltimore PD couldn't
trace it, neither could I.

I'm thinking maybe
to her pusher.

I had some connections,

uh, on the mean streets
of Mobtown.

Thinking maybe I could go
nose around.

McGee, keep him out of trouble.

Going to Norfolk.

Check with Friedgen's C.O.
and shipmates.

Bishop?

Where you going?

Uh, wanted to surprise Jake,
meet him for lunch.

(elevator bell dings)

♪ ♪

♪ ♪

TONY:
This was part of my beat

when I was in uniform,
on foot patrol.

Things change much?
Yeah.

See that Thai massage parlor?

Used to be
a Korean massage parlor.

(rap music playing nearby)

Ooh.

TONY: Hold on.
MAN: Right.

Good lookin' out, Cheech.

Hey, good lookin'.

What you got cookin'?

Tony freakin' DiNozzo?!

Man!

You know I thought you was dead?

(chuckles)

(tires screeching)

(panting)

(chuckles): You're too old
for this, Cheech!

Cheech, you're gonna have
a heart attack. Stop it!

(Cheech grunting)

Ah, damn!
Cheech...

CHEECH:
Help me up. (grunts)

(laughs):
Oh!

(panting): Oh, man.
Oh, look at that.

Your favorite plant.
That's very subtle.

You know, he always been
a hater. You know that, right?

Look.

It pays to advertise.

I want them to know
what I'm selling.

Isn't marijuana legal
in Maryland?

Yeah, but who wants
to pay retail?

(chuckles)

My dude!

Where you been, boy?

You know, Cheech,
back in the day,

was my number one
and most enthusiastic snitch.

I'm not a snitch.

What you talking about?

I'm a P.I.C.-- a paid

information consultant.

I'm a businessman.

There's a difference, man.
Come on.

Well, we're not
gonna pay you,

but you know her?
Of course.

Man, that's the girl
the sailor killed.

Everybody know that.

You know her?

Oh, do I know?

Well, I know guys that know her.
(chuckles)

What you need?

We need a name, Cheech.

Did you not see me
try to run just now?

My knees are barely
hanging on now.

I-I don't need them broke.
Okay. All right, look.

I'm not here to mess around.
Let's do this.

What are you doing?

I'm putting you under arrest.
For what?

A couple of
joints? Really?

I'm sure we can
find more than that on you.

Yeah, I'm sure you can.

Wait, wait. Okay, okay, okay.

I'll tell you
what you want to know.

Look, rumor has it,

she came into some money, right?

And, uh, she was trying

to buy a higher grade of heroin.

You know,
not the cheap stuff anymore.

But...

she wasn't hooking
to pay for it.

Where'd she get the money?

She started seeing
some suit from uptown.

And the suit--

oh, he was all up into
her little specialty,

And you know, S and M.

(chuckles)

Exactly!

You a client, too?

Thank you, Cheech.

Let's get out of here.

You ain't gonna pay me?
Are you serious?

(elevator bell dings)

Hey, Abbs.

Bishop.
I got something.

The bills from
Joy Vanatter's body--

they're all relatively new.

The serial numbers
are sequential.

So I put a call in
to the Federal Reserve

to see what bank
they were distributed to.

That's great, uh, but I need
help with something else.

I'm all yours.
Three weeks ago,

when I didn't know if Jake
was dead or alive in Dubai,

Delilah and I were in MTAC,

and she accessed
a Dubai taxi passenger-cam.

Any way you can pull that up?
Oh, yeah.

If it was in MTAC, it'll be
on the archival hard drive.

Why do you want
to see it again?

I was so excited
to see Jake alive

that I didn't pay attention
to who the other passenger was

in the backseat of the taxi.

(computer trills, beeps)
That it?

What?

I just saw Jake with a woman
in a restaurant.

I'm pretty sure it's her.

They were in
a-a really heavy discussion.

My God.

You don't think something's
going on between them, do you?

It crossed my mind,
but I'm not going there.

I know her.

Her name's
Taylor Matthews.

She's NSA's version
of Internal Affairs.

I think Jake's in trouble.

Why?

He told me there'd been a leak,
that he was under suspicion.

She was
reprimanding him.

MAN: The ship's in port for
two months getting retrofitted.

There's only
a skeleton crew aboard.

Petty Officer Friedgen said
he didn't get a warm reception

from his shipmates when
he returned to duty.

I'd say that's accurate.

He never had
a lot of friends aboard.

Not exactly Mr. Warmth.

Told me his personal
gear was damaged.

That why you're here?
Down this way.

I know you've gone over this
with the police,

but I'd like to hear about the
night Joy Vanatter was killed.

Petty Officer Friedgen
was due to report at 2100,

but didn't log in until

0100 the next day--
four hours late.

Well, he claims
that he was late

because there was an
accident on the expressway.

ere was an accident,

but was Friedgen really
stuck on the road?

I don't know.

Commander, you don't
sound like you believe him.

I'll give you a heads-up,
Special Agent Gibbs.

You're about to interview
several of his shipmates.

To a man and woman, they
think he's guilty of murder.

BISHOP:
I'm listening, yes.

Bish is in the cone of silence.

You know who
she's talking to?

Jake, I think.

It's obviously something
she doesn't want us to hear.

Mmm.

She seems a little down.

I think maybe I should talk to her.
Just leave her be.

Maybe she's in need
of a little brotherly advice.

Thanks for the chips.

TONY:
You are very welcome.

Everything okay?

Looks like you got
something on your mind.

There's some sort of
crisis at the NSA.

Jake's at home packing a bag--
I don't know where he's going.

"Need to know," huh?
Yeah.

Well, can't be far.

Said he'll be back
tomorrow afternoon.

Well, you wanted
to marry a spy.

He's a lawyer, Tony.

You find out anything
in Baltimore?

We got some leads
we're working on.

Tony's definitely
in his element, boss--

snitches, pushers,
pimps, prostitutes.

Well... Learn anything
in Norfolk?

Petty Officer Friedgen
was telling the truth.

His shipmates all think
he's guilty.

Guys, guys, guys, guys.

I have something.

I just... I don't
know if it's good

or if it's bad.

Okay, 3o I tracked
these serial numbers

from the $20 bills that were
found on the girl's body.

They're all
relatively new.

They were printed
at the Philadelphia mint

only 62 days ago.

From there, they
ended up at a branch

of the National Armed Forces
Credit Union located...

Ready?

...at the Norfolk Navy shipyard.

Interesting.
Yes, and I'm not done.

There's more. So banks like
to use the new crisp bills

in their ATMs so they
don't jam up anything.

Fortunately for us, those
machines are equipped

with optical scanners that
record the serial numbers

as they're being dispensed.

Are you gonna tell us you know
who withdrew the money?

Yes.

October 7.

One Petty Officer
Third Class...

Kyle Friedgen.

He gave Vanatter
the money.

Said he hadn't
seen her in years.

(door opens)

You ask for my help.

(Carrie gasps)

Then you lie to me?

Gibbs, what are you
talking about?

You told me you never
saw Joyce Vanatter.

Baltimore PD found money
on her body

that we traced to a withdrawal
you made from an ATM.

Is that true?
Is that true?

Joy wouldn't stop texting me.

Said she wanted to meet.

I made the mistake
of calling her.

She said
she needed money.

I said I wouldn't do it.

But then I caved
when she threatened

to call my wife
and tell her about our past.

So I drove to Baltimore,
I gave her the money.

That's it.
Why'd you lie to the police?

Because when they first
questioned me,

I didn't know Joy was dead,

and I didn't want Hanna
to know that I'd met with her.

No, when you found out
she was murdered,

why didn't you
tell them the truth?

Because I panicked.

I felt like I had to stick
to my story-- I'd look guilty.

You buying any of this?
Why'd she want the money? Drugs?

No. No, she said she got
into some trouble,

and she needed
to get out of town.

What kind of trouble?
She wouldn't tell me.

I do not like being lied to.

You will be put in a
holding cell tonight.

You got what you wanted.

Tomorrow morning,
you'll be charged with murder.

MALONE:
Nice work, Gibbs.

The money proves Friedgen
met with Vanatter.

I got enough to
refile charges.

Yeah, we'll take him
into custody.

No, it's an
NCIS case now.

MAN:
All right, let's go.

CARRIE: I will see you
in the morning,

and we'll decide then
what our next step is.

(door opens)

(door squeaks shut)

Hey, Bishop.

It's after midnight.

You okay?

No.

(chuckles)

Been, uh...
driving around.

Didn't really want to go home
to an empty apartment.

Really is a
boat in here.

I thought Tony was
just punking me.

Where's Jake?

Not really sure.

Said he was working.

You don't believe him?

I don't know what to believe.

Here, sit down.

You talk, I'll listen.

Uh...

It's Jake's work.

He won't tell me anything.

He can't.

(scoffs)

I hate the NSA.

He hides everything
behind a veil of secrecy.

What's he hiding?

I think he's being investigated
by Internal Affairs.

Why?

There's been a leak
at the agency.

That's never good.
No.

Any wise words?

Bishop, do you understand
the irony in all this,

you asking me
for marital advice?

(chuckles)

Well, he can't tell
you the details.

He can tell you how he feels.

You make him talk to you.

♪ ♪

Hey, guys.

Morning.
Hey, Abbs.

What's up?

Nothing.

Just came down to see
how you're doing.

I'm fine.

Mmm.

What you working on?

ABBY: Well, I confirmed
Baltimore Forensic's finding.

The DNA on the needle does
belong to Joy Vanatter.

And then I ran the residue
from inside the barrel

through Major Mass Spec,

and it's black tar heroin.

It's a very cheap low-grade
form of the narcotic.

That's weird,
'cause Cheech said

that Vanatter was using,
um, high-grade heroin.

He did.

So you gonna follow up?

Oh yeah.

Yeah, no, we...
we will absolutely.

You two are acting weird.

Talk to Bishop today?
No.

She texted us this morning,
said she wasn't coming in.

No explanation.

We were just wondering maybe
she said something to you?

Girl-to-girl?

No.

Abby, we know
you're lying.

Your fingers
are crossed.

I told you she was
gonna play mum.

That's why I
came prepared.

What does that mean?

You told him?!

Okay, okay.

Okay... okay.

Kyle lied to both of us.

Gonna drop him?

JAG'll provide him a lawyer.

No, I'm, uh...

I'm gonna stick with him.

Uh... he was free.

He asked to be
court-martialed.

Why would anyone do that...
I don't...

if they were guilty?

I don't know why.

Sure feels like
he's playing us.

Oh, so like Baltimore
PD, you got your man,

you're not looking
for anyone else?

Uh, I didn't
say that.

You got your client
under arrest,

and I think it's best
if we stopped talking.

Carrie, I know you,
you're a sharp lawyer.

I don't want to say something

and get misquoted
at the court-martial.

REPORTER: So what's
the latest development?

MALONE: NCIS has found
new evidence

that prove what we always knew.

Petty Officer Kyle Friedgen
is guilty of murder.

That's my guy.

REPORTER: So do you think
this will boost your campaign

for Baltimore state's
attorney, Mr. Wyner?

I don't think it'll hurt,

but, more importantly,
justice will be served.

Thank you.

REPORTER: And yet another twist
in this bizarre case.

Got something
for me, Duck?

I finished the autopsy
on Miss Vanatter.

Everything is consistent

with the Baltimore
coroner's findings.

Cause of death was
blunt force trauma,

so all he had to do
was a standard tox screen.

You' gonna do a more detailed one?
Exactly.

Abby's already started to run

tissue samples
taken from her body.

I'll get
back to you.

You heard from
Bishop today?

Gave her the morning off.

Oh.

Ellie.

Uh, why aren't you at work?

Are you feeling okay?

Not really.

We've got to talk.

Okay.

What is it?

For months now, things
have been different.

I know you've
felt it too.

It's my fault.

I'm in a difficult
position and, uh...

Just... let me finish.

At first, I thought that
you were having an affair.

But... I know
what's going on now,

and I know that you're
in trouble at work.

Ellie.

Yesterday I went to
surprise you at lunch,

but when I got there, I
saw you being reprimanded

by Taylor Matthews
from Internal Affairs.

Stop.

I'm not in trouble at work.

This is so hard.

I've been trying
to tell you,

but I... I just...
I don't know how.

I'm having an affair
with Taylor.

At first it was just
an office flirtation,

that's all it was,
but... then we went to Dubai.

I'm not making excuses,
but after the bombing...

Shut up.

I don't want
to hear anymore.

Ellie. Ellie, you
don't deserve this.

Look, I hate myself
for what I've done.

Were you with
her last night?

What's gonna happen
with her remains?

Well, eventually,

I will have to return Miss
Vanatter to Baltimore.

By then, if no one
has claimed her,

the body will be cremated.

And her ashes?

Well, once a year,
the State of Maryland

has a ceremonial spreading
of all unclaimed ashes.

There's got to be
somebody out there

that cared for her.

Like a-a friend

or a distant relative or...

I want to find them.

What we got?

Miss Sciuto has the interesting
results of the tox screen.

ABBY: The narcotics found
in her tissue samples

were high-grade white heroin.

It's far more
expensive and refined

than the black tar heroin
that was in the syringe

found in Petty Officer
Friedgen's car.

Yet the needle had
Miss Vanatter's DNA on it.

So it couldn't
have been

a syringe
that she used recently.

Could Friedgen
be telling the truth?

It was planted in his car.

Okay, let's give
Petty Officer Friedgen

the benefit of the doubt.

Say the syringe was planted
in his car by the murderer.

Who?

Joy Vanatter had a history of drug abuse.
Her supplier?

Your snitch tell you
who she was buying from?

No.
Could it be him?

Well, he was selling pot
when we caught up with him.

Cheech? Come on.
I don't think so.

Joy Vanatter's last bust was
two years ago in Baltimore.

Look into that case.

My turn to drive?

(elevator bell dings)
Oh. All right.

Hey, Bishop.

You okay?

Uh...

No.

Jake's having
an affair.

You sure?

How'd you find out?

He told me.

I'm sorry.

DiNozzo's headed
to Baltimore.

Go with him.

Jake is aware that you
carry a gun for a living?

Here you go.

The evidence from Joy Vanatter's
bust two years ago.

Thanks.

You're an NCIS agent?

Yeah.

Lot cuter than the guy

you brought yesterday,
Agent DiNozzo.

DINOZZO:
That is very true.

So what exactly
are you guys looking for?

Not sure.
Can I take a look?

Help yourself.

Whoa!

I'm impressed.

Bye-bye, Greenie.

(clears throat)

Okay. Joy Vanatter was arrested
two years ago, August 13.

Based on a tip
from an informant,

we raided
a shooting gallery.

When the officers broke in,
the needle was still in her arm.

BISHOP:
This must be it.

She had a public defender,
got a year,

but only spent six months
in the City Detention Center.

Who was the informant?

Francis Del Conte.

Cheech?

Well, that's funny,
he didn't tell me

anything about it
when I talked to him yesterday.

Huh.
BISHOP: Log shows the evidence

was admitted into storage
after the trial.

It sat untouched
for almost two years,

till it was accessed
three weeks ago.

By who?
Alan Wyner?

The Assistant State's Attorney?
Makes sense.

Wyner was the prosecutor
on both cases,

Vanatter's drug bust
two years ago

and Friedgen's trial
for her recent murder.

But why go back to evidence
on the old drug bust?

I'm sure he was just
being thorough,

seeing if anything
related back to her murder.

Look, I've been working
closely with the guy, Wyner.

He's a good guy.

And he cared
about Vanatter.

He asked for
the minimum sentence,

he-he spoke for her
at her parole hearing.

Why the hell
didn't Cheech tell me

he got her busted two years ago?

There's no trace of heroin

in the barrel of this syringe

and there's no DNA
on the needle.

This has never been used.

Are you sure this was
evidence in a drug bust

two years ago?

We just got it from the
Baltimore PD evidence locker.

Okay, are we just going
to ignore what's going on here?

Has Jake lost his mind?

I really don't want to talk
about it, Abby.

What else can you tell me
about the needle?

I was able to get
a serial number from it

and I ran
a manufacturing check.

It identifies the syringe
as coming from a batch

that was manufactured
only three months ago.

(elevator bell dings)

McGee.

You won't believe this.

You have some big balls,
coming here.

I've got to talk to Ellie.

You know where she is?

She's not answering

my calls or my texts.

Do you blame her?

It's not smart,
coming here.

I think you should leave.

JAKE:
Look, uh,

I get that you're upset,

but she is my wife.

Then treat her
like one.

You should leave.

I'll walk you out.

TONY: Think he's gonna
punch him out?

Love to see it.

Come on, Gibbs,

you know me.

You need to understand...

Understand what?

You cheating on Bishop?

I never wanted
this to happen.

(elevator bell dings)

Get your head
out of your ass, Jake.

Back to work.

Boss, State Attorney
Alan Wyner--

he's had evidence
thrown out once before.

Early in his career.

It was a misdemeanor
B and E.

Evidence was tossed

because of a mis-timed warrant.

What does that mean?

Well, the clerk told Wyner

that he'd have the judge
sign the warrant

when he recessed
court at 3:00.

The trial went long
and Wyner jumped the gun.

The seed evidence
was tossed

because the warrant was
signed after the seizure.

Just like in this case.

Wyner's a smart guy, boss.

He wouldn't make
the same mistake twice.

TONY: Cheech said Joy
Vanatter was doing

"some suit from uptown."

Alan Wyner wears
really nice suits.

Guys, guys, guys!

Abs, you got something?

Oh, yeah.

(clock chiming the hour)

Hey! What's up?
How's our case moving along?

Well, it's taken
a little change of direction.

We've got a new
person of interest.

Who?

What's this?

A warrant.

Properly signed and executed.

I'm sure it'll hold up in court.

We're gonna search your house,
your office, your car.

I bet we find evidence

linking you
to Joy Vanatter's murder.

We know you had access
to the evidence room

and you switched the syringes.

TONY: Hope you were
smart enough

to destroy the burn phone

you used to call her.

MALONE:
Why, Alan?

Was she trying to blackmail you?

I mean, hell of a headline.

"Candidate involved
in S&M scandal."

I tried to help her.

Get rehab, paroled...

You were sleeping with her.

I assume you know
your rights, Counselor.

Ooh.

You like being dominated, huh?

So let me get
this straight:

You screwed up the warrant
on purpose

so Friedgen wouldn't go to jail?

Yeah... and he got off.

So why in the hell
would he ruin it and go to NCIS?

Think you're
a clever guy, Wyner?

That's a pretty
twisted morality.

CARRIE: Paperwork's done.
We're out of here.

Thank you, sir.

If you had been totally honest
with the police

the first time
you talked to them,

it wouldn't have gone this far.

I've got most of
my life back.

I report to my ship
at 0600 tomorrow.

Glad I still have the Navy,

but things will never
be the same with my wife.

She thought
I was guilty of murder.

Just give her some time, Kyle.

You're about to have a son.

Be a part of his life.

Breakfast again soon?

You know where to find me.

Bye.

I've made a decision.

Could we talk?

♪ ♪

♪ Say something,
I'm giving up on you ♪

♪ I'll be the one
if you want me to ♪

♪ Anywhere I would have
followed you ♪

♪ Say something,
I'm giving up on you ♪

BISHOP:
Jake...

♪ And I... ♪

I'm in a bad place.

♪ Will swallow my pride ♪

I hurt a lot.

♪ You're the one ♪

♪ That I love ♪

♪ And I'm saying good-bye ♪

I'm going home to Oklahoma.

♪ Say something,
I'm giving up on you ♪

Don't contact me.

I'm not sure when I'll be back.

♪ Say something... ♪