Gibbs stepped outside with the others leaving Deeks with his head down on the desk in the interrogation room.
"You can't charge him." Rachel said, "He isn't fit to stand trial."
Gibbs nodded; he actually agreed with her, "That's not my only problem." He said looking through the glass as the detective in the other room, "The one thing his two adult personalities agree with is the fact that they didn't shoot Agent Dickenson. I'm thinking there was another shooter that night," Gibbs stated.
Callen nodded, "I think you're right, I can head to MTAC and ask Eric to reanalyze the footage and see what he comes up with." He offered. "I kinda need to talk to Hetty anyway; it'll save me a phone call."
Gibbs nodded and Callen turned to Jake, "Come on squirt, let's go and see grandma." Gibbs grinned as he watched Callen head off with the baby towards the elevator.
"I really think you need to have Mr. Deeks admitted to a psychiatric facility, he needs a set of monitoring and medication." Rachel said to him.
Kensi looked over at Deeks, "Can we move him to Los Angeles, if he has to go into a facility I'd like him near family." She said.
Rachel nodded, "I think we can arrange something, I have to talk to Director Vance about releasing him though."
"I'm not sure the FBI will go for it, he did kill Gio Martinez, we have proof his voice on the tape and his confession."
"All of which he did while under the persona of Max Giamatti, Detective Deeks was not responsible for his actions." Rachel said.
"We need to help him, Agent Gibbs, you need to talk to Agent Fornell and let him know that Deeks cannot be charged for Max's crimes."
In the other room, while the others were unaware that the intercom was on, Max Giamatti smiled.
As Callen walked through the bullpen with the baby, a few of the staff smiled at him. Jake yawned unimpressed with the attention his adoptive father was getting.
"Agent Callen, I see you did not take my advice and drop young Marty junior off with my nanny this morning." Vance said.
"His name is Jake and no, I needed to try and get Deeks to want to take him back." He said honestly.
"No luck then?" Vance asked.
Callen shook his head, "He signed me all rights over to Jake and insisted I change his name, he didn't want him to have any part of his past."
"Congratulations then, you're a father." Vance said solemnly.
"We added a clause in, if Deeks is ever back to normal, and he is cleared for duty, I will hand Jake back over to him, I don't think he read that bit though." Callen added with a smile, "I'd be quite happy with being the little guys' uncle if he could go back to live with his father, I know that once Deeks comes to his senses he'll realize that Jake needs his real father, until then, I'm stepping up, looking after my team."
Vance nodded, "The Nanny will be here in an hour, if you are still agreeable to her looking after young Jake until you head back to Los Angeles?"
"Thank you sir, right now, if it's ok, I'm taking him to see his grandma." He smirked.
"Grandma?" Vance looked confused.
"Hetty." Callen clarified, Vance smiled and shook his head.
"You might not want to call her that to her face." He said walking back towards his office, "But good luck Agent Callen."
Callen laughed as he walked to MTAC and pressed his eye against the lock and entered the room.
Eric looked up as a high priority message came into OPS from Washington for Hetty.
He looked confused and picked up the phone "Hetty? I've got a call coming in from MTAC in D.C. for you…a Jake Callen?"
Hetty looked confused as she put the phone down and headed upstairs.
"On screen Mr. Beale."
She looked confused for a sec as the face of a tiny baby filled the screen, "Hi Grandma!" Callen said with a grin.
"Mr. Callen…and… ?" she paused waiting for his response, "Jake Callen, my son…at least until Deeks changes his mind." He grinned.
"Congratulations Mr. Callen, how is Mr. Deeks doing?" she asked.
Callen shook his head, "He's still crazy, he's been working with Rachel Cranston, Vance recommended her," he said.
"She's a good doctor," Hetty agreed, "Go on…"
"Well she says that Deeks should be sent to a psychiatric facility over there in Los Angeles. He has a fractured personality and he isn't fit to be charged with anything right now. However, Hetty, the one thing all two grown up personalities have in common is the fact that they both deny shooting Agent Dickenson, although the Max Giamatti personality admits to killing Gio Martinez."
"I see, and if they both deny it, there is a chance that he didn't?" Hetty said.
"I need Eric to pull as many files as he can, everything on that original night, I need to see who pulled the trigger, if it is Deeks then he needs to know, if it was someone else then we need to find them."
"On it." Eric said and turned back to his desktop.
"Hetty, I need a favor…" Callen asked.
Max sat in the interrogation room, he could feel Deeks pounding at his head trying to get back to the forefront of his mind.
He stifled a laugh as he could hear Deeks screaming for attention. His was the strongest personality the child's was the weakest and this new medication that the doc had given him had allowed the dominant personality to take hold. The doctor had wrongly assumed that it was Deeks' personality.
A fact that Max was intending to play on, if they thought he was Deeks then he'd be able to escape quicker, find his woman and his son, and maybe…just maybe kill them all for the hell of it…especially that brunette Deeks seemed to care about.
'NOOOO!' Deeks' psyche screamed in his head. 'You don't belong, it's my body, back down Max' he screamed.
The mental version of Max turned to his image of Deeks locked up in a jail cell in his mind.
'You can't have my life, I've been in here too long, Max, and you're a persona not real.' Deeks argued.
'Not real! I was real enough to father a child.' Max argued back.
'He's my child!' Deeks snapped back although he knew that was not strictly true.
'You gave him away to that cop!' Max shouted back.
'Callen's my friend he'll look after Jake.' Deeks said.
'His name is Martino.' Max snarled at Deeks.
Deeks smiled and Max moved as if to hit him, 'See, you couldn't shake me completely, I'm always on the fringes…you named our son after me…I'm always going to be on the edge of you…you won't get away with this.'
Now it was Max's turn to smile menacingly, 'if I can convince them I'm you, I'll be free, I just do your job for a while, convince them I'm healed and then when they let their guard down I will strike. You will be able to do nothing but watch as I kill them all, find my Sara and my son and we live happily together in Mexico, Marc will be pleased as I groom our son to be the head of the Giamatti empire.'
Deeks grabbed the bars of his 'cell' and shook…'MAX! MAX!' he screamed as Max laughed and walked away.
Max looked up lifting his head from his hands as Kensi walked into the room.
"You ok Deeks?" she asked.
Max nodded his head, "Yeah, I have a headache, but this medicine seems to be working fine." He said.
"Rachel will be back in a moment, do you want something to drink?" she asked.
"Er…yeah…" his brain wondered for a second what would Deeks want to drink? Max himself would have loved a whisky but he knew here that would be wrong. "Coffee?" he asked and relaxed a bit as Kensi nodded and left.
Max sat there planning, Rachel had said about him going to a secure facility, if she could convince the feds to do that it shouldn't be too hard to escape enroute and find Sara and Marty.
Rachel walked in the room, "Well Marty, you'll be pleased to know that you have been freed by the FBI for now, pending a psychiatric evaluation, and we have arranged to have you sent out to Los Angeles to a facility, it's very nice Hetty recommended it."
Max nodded, Hetty that interfering old bat again, "That's good, and I think it will do me good to get back home." He did admit that he would need to be closer to wherever that Callen guy took his son, and hopefully, Sara had gone back to her brother.
Rachel nodded, "I will be accompanying you on your journey, but I wanted to get some background on you for your file." She said opening a folder.
Max nodded, this shouldn't be too hard, I mean Deeks was a cop and had been a lawyer so…money probably.
"Tell me about your upbringing?" Rachel asked.
"Normal I suppose, Mother, father…house near the beach…went to school and college…I was a lawyer for a while…then a cop."
Kensi walked into the observation room and watched as the two talked.
"Tell me about your parents…?" Rachel asked.
Max shrugged, "My mom was great she cooked a lot, kept the home, Dad went out to work…not sure what he did I was small. They were great made sure I had everything I needed…."
He stopped for a second at the look crossing Rachel's face.
"Shit!" he swore, "Deeks lied to me didn't he…" he smiled malevolently.
"You're not Deeks are you?" Rachel asked.
Max sighed and leaned back, crossing his arms behind his head. "Nope…Sorry darlin' Deeks don't live here anymore, and you just ruined my plans."
He snarled and reached across and grabbed her by the throat.