All language subtitles for NCIS.S08E10_[eng]

[alarm blaring]

[gasps]

[groans]

[R&B Christmas song plays]

[yawns]

[groans]

[clank, man groans]

Hm.

Mmm!

Mm...

[dog barks in distance]

[heavy breathing,
footsteps on video]

[lock clicking]

[door creaking]

[heavy breathing continues]

[door quietly creaks]

Oh, my God.

Captioning sponsored by
CBS

and TOYOTA.

Okay, so...

So, Gibbs was there.

Uh-huh.
You were there, too.

But Gibbs was speaking

with an
Israeli accent.
[laughs]

You sounded like
Jimmy Palmer.

I'm not completely
comfortable

with the fact that you
had a dream about me.

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

You're not making me
feel any better.

Get these down
to archives ASAP.

They've been asking for them
for three months.
Okay.

Agent McGee--
probationary agent to be--

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.

Hey, maybe you can do
some of my expense reports

for my Canadian trip, huh?

Got in early.
Had some time to kill.

Also, there's
a get-well card

for Director Vance
in there.

You can sign it
when you get the chance.

McGEE: 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.

Well, I guess that
makes us even.

GIBBS:
Great. Then I don't

need to hear about it,
whatever it is.

Get moving. We got

a missing petty officer.

ZIVA: There were no
hits on the NCIC.

Has he been missing 30 days?

We're not waiting 30 days.

ZIVA:
Petty Officer Jerry Neisler.

Gail Walsh, District
Attorney out of Arlington.

It's only been a day, but
the missing petty officer's

a witness in a capital
murder trial.

GIBBS:
The only witness.Any idea where he is?

Right. That is what
we're going to find out.

He's Navy, so I 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.

WALSH: This is the
last place I saw Jerry.

I dropped him off here
six days ago and he was

supposed to check
in every day.

ZIVA: He does not
live here?

No. He said he was
going on a hunting trip

with a friend who was about
to deploy to Afghanistan;

that he was going to stay
and water the plants.

Did you check the
petty 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 even know
Jerry was staying 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's

not going to
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 going to care

when the jury says guilty.

There is another bat
in the guest bedroom.

McGEE:
Boss...

Spoke to the neighbors.

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

I suggest we canvass
the local takeouts.

It looks like the petty
officer was eating in a lot.

Good idea.It was actually

Agent McGee's
suggestion.

Good idea.

Agent Gibbs seems like a
capable investigator.

There's none better.

And, um, Agent DiNozzo?

He's, 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.

Mm. Then you...

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

We're 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
going to say?

What am I supposed to say?

Well, I don't know.

Maybe something like...

"What do turkeys
eat on Christmas?

"Nothing-- because
they're already stuffed."

You feeling all right?Yeah. Are you?

Fine.

PO Neisler may
have forgotten

his Christmas
turkey, but, uh,

he took
his shotgun.

Yeah, we're going to 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.
Hm!

You know, I think I'm just
going to stay here. I'm sure...

Agent McGee can help you.

Baseball bats
and a shotgun...

That 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,
hmm, interesting.

Define interesting.

Despite good reports
from his COs,

he was repeatedly
transferred.

TONY: Administration
communications.

He doesn't play
well with others.

Uh, actually, no,
it's nothing like that.

Jerry's parents were
both 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.

Well, why wouldn't Jerry call me
if he were threatened?

Maybe he can't.

[sighs]
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.

His wife is dead,
and his daughter's

a ward of the state.ZIVA:
Okay, this is

getting really irritating.

He's making
us look bad.

McGee, do 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 want
to divide things up?

My investigators can

handle the BOLOs and
check the hospitals.

We'll trace the petty
officer's prior movements,

starting with his
hunting trip.ZIVA: Okay.

Etymology,

archaeology...

Oh! Sociology,

fluviomorphology...

Fl-fluvio...
Fl-fluvio...

...morphology.

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

Fascinating.
I think.

Yes. It's almost
as fascinating

as hymenopterology

Um, uh, hy-hym...

uh, the, 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.

Uh, that's that thing that...

some people do things with.

The term is
"social networking."

Mm-hmm.
Uh, if I'm

to maintain my proficiency
when I'm doing

psychological autopsies,

I have to keep up
with the latest

cultural developments.

As long as you keep
current on this case, Duck.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...

Ooh, 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've taken

a cross-country
hunting trip.

His CO ordered him

not to leave the state
before the trial.

Then if you want to find out

where the petty officer
has been,

I suggest that you determine
from whence

this turkey came.

[gobbling]

[Jimmy snickers]

[chuckles]

Five, six, seven, eight...

[lively instrumental playing]

Hi, Gibbs.

I betch you don't know
what this is called.

Turkey trot.I'm impressed.

You want to join?

Not really.Well, can I finish?

All right.

[music stops]

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

Get it?

Abbs...

Sorry, I'm just,
I'm excited, Gibbs.

because I think that
I already figured out

what I figured out you
came down here to ask me.

Where'd this come from?

I ran the turkey's DNA through
the NWTFDNAD.

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

it was released to.

Which I did.

And here it is.
Look familiar?

The last hit on our missing
guy's credit card

is ten miles from here.

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

Which is 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.

[lively music resumes]

[gunfire in distance]

[sighs]

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 he says he
misses the snow.

Uh-huh.

Hey. Excuse me. NCIS.

You seen this guy?

Nope.

No. How about you?
Mm-mm.

No.

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?MAN:
That's the guy!

Hey! Don't move!
Whoa, whoa!
Easy.

Found him!

Don't shoot.

I won't testify.
I promise.

NCIS.

Nobody's gonna kill you.

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?
Figured I was dead.

Somebody threatening you?
Is 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's the only one who knew
where I was staying.

I didn't tell anyone else.

She has to be in on it.The DA?

Yeah.

[ringing continues]

Yeah, this is Gibbs.

This is 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 I.D.'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.

And I know what you're doing.What am I doing?

I don't know.
But it's bugging me

to such a degree...

I know what
we're not doing.

Did a complete background
check on the DA.

Nothing jumps out.

Well, she may not be the source
of the leak,

but she could've told someone
where Jerry was staying.

She did not tell
her assistant.

Per your request,
I made inquiries.

Discreet 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 that 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...

The trial centers
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 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 living
working as muscle

for whoever would hire him.

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

Shot and killed the sister.

Katie Gray.

TONY: And our petty officer
saw the whole thing.

DiNozzo, find out who
the killer worked for. Ziva.

I will stay on the DA.

McGee, I want to talk
to the brother.
Got it.

MAN:
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... 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.

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-my parents raised
us to forgive and forget.

But all I want right now...

Payback.

Justice.

You have to find that
witness, Agent Gibbs.

[holiday music playing]

You have very symmetric
zygomatic arches.

As long as they help you
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 probably
wanted 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.
Take a look at some photos.

Sure.
Hey, I'm Jerry.

Forensics from
the murder trial.

You take a look yet?

Oh, yeah.
All they 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.

TONY: I know someone
else who might.

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

Drug dealers,
loan sharks.

They gotta be 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's 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 want to talk to Hayes.

Already made arrangements.

Good job.

Again.

Thanks, boss.

You feeling okay, DiNozzo?

Never felt better.

Hmm.

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

GUARD: Holler when
you're done, sir.

What did I do now?

GUARD:
Close six!

[lock buzzes]

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?

He's your
number-one visitor.

Actually, he's
your only visitor.

Sorry, can't help you.

What'd you guys
talk about?

Keynesian economics,
Paleolithic migrations.

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 your
witness for you?

I don't have to answer you.

Where is he?

What're you
gonna do, hmm?

The D.A.'s already
asking for the death penalty.

Yeah?

It's an airtight case.

Officer.

GUARD:
Open six!

[lock buzzes]

Should I take
my shoes off?

I wish your wouldn't.

Never stayed at
a safe house before.

What's for dinner?

Beans.

Hmm.

So you met with the killer.

Think he was after me?

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.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.

But seems like you're
trying to make some changes.

Some kind of
home makeover.

Finally cleaning up
these magazines.

All right.

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

Can I use the phone?

I told my CO I'd let him know
where I'm staying tonight.

You spoke to your CO?

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.

[door opens]

Where is he?

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 that 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 going to ruin it.

I demand that you hand over
custody of Jerry.

He is my witness.That's not going to happen.

Not until I find out
who's trying

to stop him
from testifying.

Yeah, we want
the same thing.

Really now? Do we?

WALSH:
What are you suggesting?

Jerry said you
were the only one

who knew where he
was staying.

You think I'm 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 telling me?

Withholding information

just further
jeopardizes this case.

We think we know
who's after Jerry.

The accused murderer...

TONY:
Has been visited
several times

in prison by this man.

Who is he?

Former employer Smitty Brown.

McGEE:
We think he's worried
that your killer's

going to rat him out
if convicted.

Cut him some kind of deal.

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

And why haven't
you picked him up?

Can't find him.

Well, 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.

[e-mail chimes]

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

Says she has some
new information.

Should I go after
the District Attorney?

No.

MAN: Okay, dude.
Here you go.

20 bucks.
20 bucks!

Just to drink
a gallon of eggnog?

MAN: Without puking, though.
All right?

DRINKER:
Deal.

MAN:
Chug, chug, chug...

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

Mm.

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, Abbs.

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

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 I.D.?

Well, with all the
possible combinations,

the odds of a match
being a coincidence

is extremely remote.

[typing]

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

If I get a match,
we 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 up 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.

Had a rep as
a gun for hire.

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

Then took him out
when he was done.

DUCKY:
Our local M.E. 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?

Uh, 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?

I apologize.

JIMMY:
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.

[chuckles]

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.

JIMMY:
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.

Actually, I'm the one

who-who did...

Good work, Dr. Mallard.

ZIVA: The Dumpster where
they found Joe Casey's body

is behind this
building, 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 going to 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.

[laughs] I don't even
know this guy.

Why would I want
to kill him?Tying up loose ends.

I don't have any loose ends.

TONY:
Samuel Hayes.

On trial for murder.
Going to get the chair.

You were afraid that
if he gets convicted,

he'll turn you in
for a lighter sentence.

GIBBS:
He had you on dealing,

gun running.

TONY: Then you hired
this punk, Joe Casey,

to intimidate
the witness.

Then you killed him.

You guys got this all wrong.

TONY: And when you
couldn't stop the trial,

you tried to have
Hayes whacked in prison.

I didn't try and kill anybody.

Casey tried to kill me.

I heard somebody was
messing with a witness

in the Hayes trial,
same as you.

So I put the word out
on the street--

see if I could find out
who it was. You ask anybody.

That's where 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.

You told him to back off?Well, that's the
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...

...in this little
side business I had going.

My last dealer
got executed.

Hayes agreed
to be my new guy.

What'd he get out of it?

Just kept asking me
to make deposits

to some life insurance
policy he had.

TONY:
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.

But you and Tony...

Enough! We're just friends.

There's nothing
different about him.

All right.
Hey.

You recognize him?No.

TONY: But the rest of
Smitty's story checks out.

He did have an inside guy in
prison who was dealing for him

recently executed.

McGEE:
I was also able

to confirm that
he was making Hayes'

insurance policy payments.

ZIVA:
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.

DUCKY:
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.

McGEE: But the guy thought
he was going to walk.

Why try and kill himself?

Seems pretty obvious to me.

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

Hayes doesn't want to
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.

[sighs deeply]

Another sad guy.

Then, uh, who has been
intimidating the witness?

ZIVA: Somebody is trying to
get this guy out of prison.

McGEE:
Hey, boss, 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.

Same DA who said she
didn't know who Smitty was?

WALSH [over speaker]:
This is ridiculous.

You have no right
to treat me like a criminal.

And I have a date
in two hours!

[switch clicks,
turns off speaker]

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...

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?
Hmph!

Are you sure?

Hah.

Well, we are in
the middle of a case.Has not stopped you before.

Well, it's stopping me now!
And 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.

[clears throat]

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 do you feel responsible?

No. I mean,
I barely knew the girl.

I'm just saying.

Well, clearly she was
a troubled woman.

That'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,

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,

the class clown.

That is why we love you.

[door opens]

[switch clicks,
speaker crackles on]

WALSH:
I'm going to have your badge.

GIBBS:
You lied to me.

You withheld crucial
information.Look who's talking.

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.

And 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?!

Look... 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 the
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.

McGEE:
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?

ZIVA:
The judge threw the case out.

The interim DA is
looking at his options,

but as of now...

Hayes walks.

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

How'd the victim's
brother take it?

He wasn't there.
Really?

Trial notes says he's been
to every single hearing.

Yeah, I read that one, too.

[holiday music playing,
Santa ringing bell]

SANTA:
Ho, ho, ho! Merry Christmas!

There you go.Merry Christmas.

SANTA: Thank you.
Merry Christmas.

SANTA:
Ho, ho, ho!

Move. The alley.

You have anything to say to me?

They know what you did.

Excuse me?

You hired the guy

to try to stop my trial.

They know what you did.

We found the wire transfer
you used to pay him.

TONY: 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.

GIBBS:
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?

13 years.
Assuming it happens at all.

That just wasn't
going to cut it.

McGEE: So you tried to get
Hayes out onto the streets,

where you could get payback.

Where I'm going
to get payback.

GIBBS:
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 I thought

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 barely remember
what I did,

but I understand it now.

I took your sister's life.

I wasted mine.

Are you really going to
let me destroy yours as well?

Put the gun down.

And what, he just goes free?

Look, it's just a matter
of time before the new DA

refiles 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 someof
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.

[sniffling]

Palmer, what's wrong?

JIMMY:
Jerry.

McGEE: Oh....because you really
saved my life...

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 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 going to have
to have another talk with him.

Mm-hmm.

[sighs]

[explosive popping,
people screaming]

[jaunty holiday music playing]

[explosive popping stops]

[holiday music continues]

You.

Too much?

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Captioned by
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access.wgbh.org