Directed by Dennis Smith
Written by Gina Lucita Monreal
A Death Row inmate is being retried after eleven years, still proclaiming his innocence. Gibbs and Fornell try to re-examine the case where NCIS and the FBI left off, but butt heads on the direction to take, with Fornell wanting to prosecute, and Gibbs defend the suspect.
Tropes:
- Armor-Piercing Question: "Do you believe her?" Said to Gibbs with regards to Witness X's testimony, which would swing the case one way or the other.
- The Bad Guy Wins: The suspected killer, Hicks, walks after Gibbs testifies that the key eyewitness saw an African-American and not a White man at the scene of the robbery. Hicks then shows off that he can bat ambidextrously, clueing in Gibbs that everything was a front and the killer was in fact him.
- Career-Ending Injury: Not so much injury, but the fact that Fornell talked to Witness X during the initial investigation and didn't believe her causes the public to believe he intentionally sabotaged the case against Hicks; his career at the FBI in tatters. With the final scene of the episode, we know that Fornell's gut was right on the money.
- The Confidante: Jack Sloane serves as this to Gibbs for the first but far from the last time as he opens up to her about his struggle over being called to the stand with information that he knows will ruin Fornell's career.
- Funny Background Event: One that is quietly hidden by a blur filter to try and keep attention in the foreground shot. As Hicks says "It's overwhelming," two female extras walk off the set in bare feet, obviously fed up with their heels and padding along nonchalantly. They don't even have any shoes on person. In court. Either they inadvertently broke the suspension of disbelief or this is the world's most casual courthouse. Next time, the directors need to make sure the ladies don't ditch the mules and leave them off set unless it's a beach.
- Sadistic Choice: Gibbs is put in a particularly nasty one in this episode, either he confesses to speaking to Witness X, confirms her account and exposes Tobias, thereby letting the suspect walk free; or he hides the wrongdoing (lying on the stand in the process), and potentially sentences an innocent man to death. The key question once he is on the stand proves to be the nail in the coffin, with Gibbs doubting her, but also doubting Tobias's judgement. In the end, his gut feeling that something was off is proven right, when the killer reveals himself to Gibbs later on.
- Wham Shot: At the end of the episode, Gibbs and Jack are quietly observing Hicks at a batting cage taking swings with his dominant hand... and then switches to his other hand and hits just as effectively. Followed by:Jack: Switch hitter... He played us!
