Deeks woke on the gurney in the small room again, Dr. Strohl, was checking his vitals, "Hey doc?" Deeks said…"Not a dream?" he asked he had hoped that the nightmare he seemed to be in was actually a dream and that he'd just eaten something funky the night before.
"No...Marty." The Doctor said.
"Deeks is fine." Deeks replied, "So I killed someone?…I remember killing someone."
Sam sat in the corner of the room, "You killed an NCIS Agent." Sam said his face grim.
Deeks sat up and looked around his monitor going crazy, "Where's Kensi? I didn't…God, Sam, I didn't kill Kensi did I?" he looked totally distraught.
"No…No Deeks not Kensi, not Callen either," he added as he saw Deeks thinking along those lines.
"Where is Callen?" Deeks asked noticing he wasn't there.
"He's at home, well, Agent Gibbs' home with your son they are coming in later."
"My?! I…I don't have a son?" Deeks said although he was uncertain about that statement.
Sam pulled a picture out Bishop had taken of Callen holding the small blond headed baby with bright blue eyes. "Marty Giamatti." He said
"Gia…Sara…Sara's his mother?" he asked surprised, "Little Sara?"
"You remember?" Sam asked.
"I had an assignment to infiltrate the Giamatti family, get close to the head of the family. Marc Giamatti. I did early 2010 met his little sister Sarah at Christmas party." Deeks gave a small smile. "Max was supposed to get in with the family, and it turned out Sara likes bad boys."
"Nice, so do you remember coming to D.C. 3 years ago." Sam asked.
Deeks shook his head, "That was like, six months ago in Los Angeles, not D.C.…Three years? Really? What happened?"
"You were hurt, you've mentioned a few names, Caroline…Mary…" Deeks rubbed his head as Sam said those names.
"No…Sam…." He let out a sob, he wanted to disappear into himself he could feel it coming, but something was stopping it.
"You're on a new medication." The doctor said walking over to him and checking his vitals… "This may sound like a stupid question but can you tell me your name?"
"Deeks, Marty Deeks. Doc…it hurts." He said gesturing to his head. "I can…feel something…I…" Deeks sat back with a sigh.
"We have a doctor coming in to see you, Dr. Cranston. Hopefully she can help with that."
"Deeks." Sam said, "I'm sorry, but we need to know, Caroline…Mary?"
"My mother…My mother's name is…was Caroline…when she…'worked' she was called Mary." Deeks said sadly. "She shouldn't have been there…I told her, not the docks…Never the docks…too dangerous."
"Why was your mother there?"
Deeks shrugged "A new ship, Naval one I think pulled in,"
"What did your mother do, was she a cook?" Sam asked.
Deeks turned away, "No…Look she's dead does it matter?" he said ashamed.
"We need to know why she was killed, why she was there." Sam said gently.
"She was a hooker, alright!" Deeks snapped, "That what you wanna know, yeah! My mother is a…was a whore…has been my whole life, it was the one thing Hetty knew but didn't put in my file." He couldn't look at Sam as a tear escaped.
"I'm sorry?" Sam said, "We needed to know."
"Why?" Deeks asked looking broken, "You tell me its 2013 so, how can my mother's murder have any impact now?"
The door opened and a tall, dark haired woman walked in, "Because Detective Deeks, it says a lot to your state of mind back then." She put her bag next to Sam and took a seat next to the gurney.
"Rachel Cranston." She said and turned to Sam. "Director Vance has agreed that I can talk to Detective Deeks alone." She said.
Sam stood up. "You want this?" he said handing a picture to Deeks.
Deeks looks at it, "It's…he's really mine?" Deeks asked looking at the picture.
Sam nodded, "Yeah."
He stood up and went to leave, "He's…he's not in care is he?" Deeks asked worried.
"Callen's looking after him, he's safe."
Deeks sighed and turned away, "He'll be better off with Callen."
Sam looked at Rachel and left.
"No…no…not anymore, Deeks, just call me Deeks," Deeks said looking at the wall avoiding looking at the mirror in the wall. The last thing he wanted to see was his face, to see the shell of the man he had become.
"Deeks, how are you feeling?" Rachel asked.
"I dunno doc, it's like a nightmare, one moment I'm working in a job I love, the next thing I know I'm wearing a ring I don't remember putting on, I have a son, I don't remember fathering and apparently I killed someone, not in the line of Duty, not like a cop, I'm a cold blooded killer." Deeks said sadly.
"You don't know that for a fact," Rachel said trying to calm him down.
"Yes…Yes I do I remember killing someone…a kid…the Agent must have been new. He was just a kid…I know I felt like I was in danger, no…my family…Max's...Family….I...I..." Deeks leant forward and grabbed his head.
"Back off bitch!" Max snapped.
"You are?" Rachel asked without missing a beat.
"Leaving as soon as possible." Max snarled. "Where's my boy?" he asked.
"Your son is with an agent, he is a friend and he is safe."
"You have no right to do this!" Max snapped.
"You killed a man; the agents have the right to hold you." Rachel said.
"Gio was a little shit; he was selling out the family. He deserved all he got." Max snapped.
"What about the Agent in Los Angeles?" Rachel asked
"What Agent? I ain't killed no agent? Never gonna kill a cop…" Max looked at her, "Is this why you've ruined my family, my wife is missing, my son is with strangers and I'm stuck in here!" Max smashed his hands on the mirror. He turned and Rachel stepped back as Gibbs and Callen came in the room.
"SIT DOWN!" Gibbs snarled.
Max stood toe to toe with Gibbs, "You don't frighten me old man, I want out, I didn't kill no fed." He snapped.
"No but you just admitted to the murder of Gio Martinez."
"He was a punk and deserved to die, he put my family in danger," Max snarled.
"Max…can we talk to Deeks?" Rachel asked calmly, putting her hand on Gibbs shoulder and he stepped back.
"Deeks is a wimp. He doesn't want to be here, He can't even cope with being a father," Max laughed derisively. "He's afraid he's gonna be just like his father."
"So you acknowledge that the baby is Deeks' child." Rachel said.
"No…He is a Giamatti, he'll live with me and I'll raise him right, He'll take over Marc's place as the head of the family." Max grinned.
Callen balled his fists. "No he won't, either Deeks takes him and raises him right or he's staying with me."
"He ain't your kid, you can't take him." Max snarled, "You can't have him, it's kidnapping."
"Protective custody," Gibbs snapped. "We are protecting him from you."
"ME!" Max snarled, "You don't need to protect my son from me! I wanna see him!" he demanded,
"Look at the mirror," Gibbs said.
Max turned and looked as the light went on in observation and Bishop stood there holding the baby in his carrier. Max stepped forward and placed his hand on the glass, "He's…he's….No…not now!" he said to himself as Deeks pushed his way to the front of his mind and pushed Max back.
Deeks turned to Callen, and even he could see the difference in his features.
"Is that him Callen?" Deeks asked, he slightly remembered seeing a baby before, but this was his son.
Callen moved and put his hand gently on Deeks' shoulder, "Yeah, Marty Deeks junior." Callen said.
"No…No…" Deeks shook his head, "I can't be his father I killed a man Callen, I'm gonna go down, I have to…he can't ever know me, please…you said, you'd look after him, Ask Hetty, can you adopt him?…He can't have me as a father." Deeks said never taking his eyes off the child.
"Do you want to hold him?" Rachel asked.
Gibbs and Callen looked on alarmed. Rachel mouthed, 'it's ok'.
Gibbs nodded and Bishop brought the child into the room.
Callen lifted him out of the carrier and passed him to Deeks. "Here…" he said as he placed the baby in his friend's arms.
"I…I…Can't…I don't want to…" Deeks stopped as Marty moved recognizing his father's voice. Deeks stroked down the side of his cheek.
"Hey…" He said softly a hint of the old Deeks grin showing through.
"He needs a new name, not this one…not one that Max gave him, not one my father gave me, you should name him." He said to Callen.
"He's your son." Callen said stepping back.
Deeks shook his head, "I can't be his father, look he needs someone who'll be there for him, if you can't take him, maybe Sam will, he's a father already, he can be better than me. He is a better man than me, I'm broken Callen, I know this, and you know this. He needs someone who will be there for him, not someone who will see him twice a month in a jail cell. He needs love; he needs to not be in the system." Deeks placed the baby back in Callen's arms, sensing the familiar smell of the man who had thus far looked after him the baby relaxed and closed his eyes.
"You have the papers don't you." Deeks sighed looking at Callen.
Callen nodded, "I do, Hetty gave me two sets one makes me his guardian until your well enough to take him and the other allows me to adopt him."
Callen put both on the table and turned to the baby as he mewled.
"Shhh." Callen said softly, stroking his cheek.
Deeks let a tear slide and picked up a pen while everyone's attention was on the child, he wiped it before they saw and looked over the papers. He signed one set and handed them to Callen, "He's your son now, these are the adoption papers, he's now a Callen, and he just needs a new name."
"Nope." Callen said, "Marty is just fine."
"I mean it Callen; please don't give him my luck. Don't call him that name." Deeks begged.
"So what would you call him?" Callen asked.
"Jake." Marty admitted, "I would have called him Jake...I knew a Jake once...good kid."
"Jake Callen it is then." Callen said turning to the kid, "Hey Jake…you like that?" he asked. He smiled as Jake yawned.
Deeks turned to Gibbs, "I remember Max…Me shooting Martinez, I should go down for that but I didn't shoot the cop."
"Agent and we have you on tape doing it." Gibbs said as Callen and Rachel left Deeks' eyes followed Jake out the door before closing in defeat.
"I didn't shoot him, but what the hell…Charge me anyway, I'm done Agent Gibbs…its over." Deeks said and sat with his head on the desk.