Season 4 Episode 5

Dead and Unburied

Aired Tuesday 8:00 PM Oct 17, 2006 on CBS

Episode Recap

A realtor talks up a house as she leads a couple to the front door. Inside, she tells Amy that she's going to love the kitchen. But she shows them the living room first. There is a remote control that starts a fire in the fireplace. But then the realtor gasps as she sees a dead man in a chair. This is followed by screaming, muffled by her hand over her mouth.

Ducky asks McGee to also photograph the back of the corpse's head. McGee backs up and bumps into Palmer. Ducky points out there is no need to rush as the corpse isn't going anywhere. McGee isn't so sure about there being no need to rush. He mentions that "the old Gibbs" is back. Gibbs walks in on cue and tells McGee to get down on hands and knees. McGee hopes that Gibbs isn't going to step on him but then McGee realizes that Gibbs just wants him to look for footprint impressions in the carpet. McGee notes that it's a pretty tight weave. Ducky adds more details to that. Ducky adds, "Personally, I prefer a good shag." When he realizes how that sounds he adds, "From a criminal-investigative standpoint."

Gibbs is happy when Tony arrives with coffee. Locals LEOs took fingerprints and Tony says they belong to Lance Corporal James Finn. He was stationed at Quantico. He went UA when his unit was shipped to Iraq 6 months ago. Ducky says he couldn't have been buried far away or some "bits" would have fallen off. Tony says he'll go check the backyard, but Gibbs gives him a look and Tony realizes that Gibbs wants him to sketch out the scene instead.

Ducky notes that dirt was brushed off Finn's face. Tony takes a closer look and is startled when a beetle crawls out of Finn's nose. Tony jumps back into Gibbs. Tony notes that Shakespeare got it wrong when he wrote we were food for worms.

The realtor, Jody Carvell, is wearing a cross on a necklace and also crosses herself as Ziva begins interviewing her outside. Ziva asks her when she was last here. It was yesterday morning. She co-owns the house with a contractor, Bob Whitehead. They flip houses. Jody's husband, Rick, arrives. Jody tells him to duck under the crime scene tape but Ziva stops him.

McGee thinks he's found the burial site. Rain last night washed out any footprints. Gibbs wants ground-penetrating radar used. McGee points out that those are booked weeks in advance, but Gibbs gives him a look and McGee says he'll tell them it's an emergency.

At HQ the next morning, Tony borrows Ziva's sandalwood deodorant stick. He was waiting with McGee until dawn for the radar techs to arrive. Ziva discovers Tony's action and she tosses the deodorant because one of his hairs stuck. He thinks it's strange that a hair would disturb her after she's attached electrodes to guys' testicles.

Gibbs arrives and reports that Ducky matched dental records and confirmed the corpse is Finn. Ziva says Finn was poor on shooting range and failed swimming qualifications, so he was made a supply clerk. He signed out on a 3-day pass before deployment and never returned. Tony reports the ground radar picked up a shovel about 10 feet from the grave.

Abby looks at photos of the living room. She says if it wasn't a crime scene she'd swear it was a brilliant commentary on the human condition. Taken from behind, the corpse is staring at the flat-screen TV hanging on the wall. She notices that Gibbs shaved off his mustache and she remarks that she liked him with a little hair on his face. He points out that he still has his eyebrows.

She didn't find any prints on the plastic body bag or the shovel. The dirt is commercial compost. Finn had $31 cash and no credit cards. She describes his clothes and mentions his boxer-briefs, "Like you wear, Gibbs." Gibbs says she's fishing and he leaves.

Gibbs arrives at Ducky's lab and asks for the cause of death. Ducky says that will take a while but the insects say he died 92 days ago. Palmer adds that's with a 3% margin of error.

Ziva comes in and reports that Finn's fiancée, Siri Albert, 25, is upstairs. She saw the news reports. Then Tony come and says Finn's fiancé arrived and he put her in a conference room. Ziva says she did that. Tony insists that he did it. They take a peek and there are two women in the room.

Siri, a soft-spoken Southerner, fingers her engagement ring and she insists "James" has been writing her letters from Iraq for 3 months. She has brought them. Gibbs takes them.

Out in the bullpen, the other woman, Rebecca Kemp, has also brought the letters she's been receiving. She says if "Jimmy" was engaged to the other woman he had better hope he's dead or she'll kill him.

The scenes go back and forth between the two women. James told Siri that he was in Special Ops. Ziva tells her that he wasn't. Rebecca met Jimmy in a bar 2 years ago. His descriptions of his war action were what she found attractive. They had sex that first night and she describes it as "fantastic." Siri says they got engaged about a week before he left. He also borrowed $30K from her to pay for gambling debts. Rebecca also loaned him money. She maxed out all her credit cards so she needs the money back. Siri and James made love before he left. Gibbs asked if they used a condom. No, she was on the pill. She points out that they were engaged.

Gibbs tells Abby to do a cheek swab on the two fiancées. Siri insists that James is not dead. She says she would feel it in her heart. They're soul mates. Ziva shows her the body.

Tony tells Agent Lee that he needs legal help with suspect who is refusing a cheek swab. She asks for the suspect's name. (This is the first time we actually learn Rebecca's name.)

Gibb's tells Tony to go back to Rebecca's apartment to collect Finn's effects without waiting for a search warrant. Rebecca sees Siri leaving and demands her money back. When Rebecca says Jimmy used Siri, Siri screams, "You liar!" and attacks Rebecca and the women fall to the floor and wrestle. Tony yells, "Chick fight!" McGee takes photos with his fancy new cell phone which he had shown off earlier (with photo of sunrise that he and Tony had experienced while waiting for radar techs).

Gibbs pulls Siri off of Rebecca and then he goes to get cause of death from Ducky. Ducky had promised to inform Gibbs as soon as he determined the cause and he hasn't determined it yet. Gibbs wants him to "know faster". Ducky blames the shaving off the mustache for bringing back Gibbs' usual impatience.

Ducky has a preliminary guess, pointing out a small skull fracture. There was a small epidural hematoma. Statistically, it would cause death in only 17% of cases.

Meanwhile, Jen has been informed that Le Grenouille in Nairobi and she is forwarding that intel to an operative. She finishes her call as Gibbs arrives to be connected to Finn's CO in Iraq. CO says Finn was well-liked and liked to talk about his sexual exploits. Lance Corporal Hagan, described as soon-to-be Private Hagan, has admitted sending the letters. Finn paid him to do it.

Abby shows McGee's artistic photo to him but he doesn't see the beauty she sees. But she is excited to see the chick fight video he has on his phone. She then informs him that there was "a party in Finn's pants." She found DNA from two females. One is Siri. Gibbs catches them looking at the fight video.

Tony and Ziva go through Finn's effects, comparing the items from the two apartments. Tony finds a prepaid phone card in a pocket.

Realtor calls Ziva to complain about the police tape that is still around the house. Jody asks to speak to Ziva's supervisor. Ziva hands the phone to Gibbs and he hangs it up.

McGee goes to see Rebecca and finds her door is unlocked. He finds her covered in blood. He is able to wake her up. He calls 911 and reports a woman has been shot.

Tony and Ziva discuss questions, typing them and displaying them on big screen on wall. "Why would someone unbury a body?" Tony thinks the answer is to send a message, like, "Hi, I'm dead." Ziva thinks it would be easier to just rent a billboard. "Where's the money?" Tony figures it might be in the engagement ring. Ziva breathes on Siri's and the condensation doesn't evaporate. Ziva says it would on a real diamond.

Ziva types, "Why bury a shovel?" Tony doesn't have an answer to that. Then he bends over her and types, "Who is Darkman?" He goes on about the movie. Gibbs comes in and says the question is: "Who shot Rebecca?" Ziva says that even if Siri shot Rebecca she doesn't think Siri killed Finn. Tony says that if Siri knows she's innocent then she'd assume Rebecca is guilty and would seek revenge.

McGee returns after talking to Rebecca at hospital. Rebecca didn't get a good look at the shooter but she heard a female voice at the door. As soon as she opened it, "bang." But McGee first went back to Rebecca's and found gun between couch pillows. He thinks Rebecca shot herself. Gibbs tells McGee to take his shirt off. Gibbs puts it into a plastic bag and tells him to take it down to Abby. The shirt has Rebecca's blood on it.

McGee asks to borrow a shirt from Tony. Tony takes off his own shirt and says he'll get a fresh one for himself. Ziva looks on leaning back in her chair with her hands clasped behind her head and remarks, "Wow, it's just like Chippendales… without the bowties or muscles."

Gibbs goes to Jen and expresses his puzzlement with the case. Specifically, he doesn't understand how the women barely knew Finn but let him move in and lent him money. Jen asks if you are in a relationship and the other person is keeping secrets, "How would you know?" Gibbs insists the person would just know. Jen says she didn't. He asks who would lie to her and she says Gibbs did. She says he didn't exactly lie but he didn't tell her the whole truth. He doesn't like being compared to Finn but Jen says she's just pointing out that you can be involved with someone without fully knowing them. She asks, "How could you not tell me about your family?"

Gibbs starts walking out and she points out that he came in to get her advice. She suggests that he shouldn't be too hard on the fiancées. She says, "Finn duped them." She apologizes for bringing up the past. He asks if he had told her about his first wife, "Would it have made a difference?" She says they'll never know. He leaves.

Gibbs is working on his boat when Ducky calls. Ducky says Gibbs left early. Gibbs says he left at 2130. Ducky says that's early for Gibbs. Ducky had a hunch and checked Finn's nose hairs. There were fiberglass fibers, probably from insulation.

Ducky heads out, asking Palmer to clean up. Palmer is happy to oblige. Agent Lee is coming down to get another copy of autopsy report Ducky sent up yesterday. She admits she accidentally shredded it. Ducky says Palmer can give her a copy. It seems that this was just an excuse. Palmer and Lee run into each other's arms and start kissing and tearing off their clothes and dropping to the floor behind the autopsy table.

Gibbs talks to contractor, Bob, and they look at the insulation under floor. Gibbs remarks that he would have put the joists closer together. Bob says that would eliminate the profit. Gibbs sees discoloration on a joist. Luminol reveals blood.

McGee informs Gibbs that Abby ran the prepaid phone card and the only call was to a self-storage company. McGee figures Gibbs wants him to go there. Ziva goes with him. The locker is empty. But Ziva finds something hanging from the ceiling. She gets up on McGee's shoulders and cuts down the bag. It's filled with gold coins.

Abby tells Tony that Rebecca's DNA does not match what she found in Finn's pants. Tony wonders if Finn had something extra that impressed all those women. Ducky lets him take a look. But Ducky says the first things the maggots eat is the soft tissue. But it gives Ducky the idea to reexamine the soft tissue. As Tony leaves he rhetorically asks Ducky if there is a to psychologically un-see something.

Ziva determined the gold weight 120 ounces, worth about $78,400. Abby got a hit on the third woman's DNA in a bone marrow donor base. It matches Jody. Gibbs notes that Jody's father died of leukemia (something she mentioned earlier to further explain how upset she was seeing Bob tearing up the floors to reveal the insulation for Gibbs).

Gibbs sends Ziva and Tony to confront her. She is just backing up out of the garage but Ziva's car is blocking her. She tries to drive around it but Ziva and Tony pull guns. Jody says she's in a hurry to get to another showing. Her husband, Rick, comes out of the house. They bring her to HQ.

Jody tells Gibbs that she didn't kill Finn. She just didn't want Rick to find out about the affair. She says Finn fell and hit his head. She swears that she loved him. Gibbs mentions how many murders swear to God. Jody insists she comes from a good Catholic family, "and when we swear to God we mean it."

Ducky joins others in observation room. He says he's learned enough from the dead. Jody met Finn in a bar 9 months ago. Gibbs asks if she slept with him that night. She gives him a cold stare. He apologizes for forgetting she's from a good Catholic family. Then he asks if she slept with him the second night. She doesn't answer and he asks if her husband knew. She told Rick she had a late showing and she'd meet Finn at the house where they found him. Gibbs says, "Let me guess. You had a deep spiritual connection." (That was also how Siri described their relationship.) Jody says, "Exactly." She says she had already decided to leave Rick. "I just had to wait…" Gibbs interrupts and says, "… for you father to die." She says dad would have disowned her if he knew she was getting a divorce.

In the observation room, Ziva remarks that Jody inherited $2M.

Jody says she didn't bury Finn. She didn't even know he was dead. She admits they had a fight. He wanted to borrow money and she refused and he dumped her. The scuffle is portrayed in flashes. It shows he fell on the floor with insulation exposed. She left and drove around for hours. She returned and Finn was gone. She says she assumed he was OK. The only way she can explain what happened: "It was the hand of God." In the observation room, Ziva asks, "Can Gibbs arrest God?" Tony doesn't know. He thinks it would be like the Thing trying to bring in the Hulk. Ducky believes Jody is telling the truth and he goes in to tell Gibbs.

Ducky asks for a word with Gibbs. Gibbs says, "Working." Ducky says it's related and important. Gibbs goes out and Ducky says she's telling the truth. Gibbs asks, "God put the body there?" Ducky says, "No. Someone who was playing God." Ducky says he's been watching and Jody isn't fitting the profile. Gibbs things she is deceitful, conniving, an adulteress. Ducky says he's trying to give his professional opinion. Gibbs tells him to tell him after he's finished with the interrogation.

Ducky asks McGee to let him talk to Rick, who insisted on coming to NCIS with Jody. Ducky wants McGee to take with his new cell phone. Ducky starts talking about how digging up the body was far from standard.

The scenes switch back and forth. Jody says she couldn't move the body but Gibbs thinks it wouldn't be that hard to roll him onto the plastic and then drag it. She shows her perfect manicure. Ducky tells Rick that Gibbs doesn't believe Jody. Then Ducky asks why that pleases Rick. Rick denies that but Ducky says Rick flashed a reflexive smile and has McGee replay the recording. The smile is clear.

Ducky says Rick buried the body. He has to wait until Jody inherited the money before he could implicate her in the murder. Rick says Ducky has a vivid imagination. Abby arrives and Ducky asks her if she analyzed the sweat from the shovel handle. She wasn't warned of this and had previously told Gibbs that having been buried the shovel wouldn't have the sweat. But she's quick enough to play along and says she just needs a sample to check it against. Ducky grabs a water bottle away from Rick and tells her to check it against the saliva on it. Rick then confesses to trying to cover up the murder but insists he didn't kill Finn. Gibbs is now entering with Jody and Rick points at her, calling her a "cheating bitch." Rick says he was watching from the window and he say Jody hit Finn on the head. Jody insists that Rick is lying.

Ducky says there was petechial hemorrhaging and evidence of shallow breathing. He was buried alive. Abby is observing the drama and remarks to herself, "Wow. I got to come up here more often."

Ziva literally bumps into Gibbs and tells her that she left the gold on her desk when she ran out to pick up Jody. He informs her he took it to evidence. He has the inventory sheet in his hands. It's $60K short. Ziva figures he gave the money back to the women.

They get off the elevator and McGee introduces Finn's fiancée, Jessica Coleman. She holds out her engagement ring.