Without A Trace s03e10 Episode Script

Malone v. Malone

I can't reach it.
There you go.
Aren't you gonna help us, Dad? I'll be there in a minute.
You weren't gonna work on Christmas.
It's not Christmas yet.
In two days.
Then we get to open our presents, right? Maybe.
I know where they're hiding them.
Where? Not telling.
Mom, she won't tell me.
You put this here, okay? You told her? No.
Santa Claus.
Come on.
I can't believe you tell her everything.
You read all the depositions? Yes, of course.
He's gonna come after you.
I've been deposed.
Not with this much at stake.
Just be prepared for anything.
I am.
And stay cool.
I will.
Charlie Lipson is officially in the books.
Hope you told his wife the next time he has a midlife crisis and goes paragliding off Englewood cliffs, we're not looking for him.
All right, I'm turning this file in to Olczyk.
Speak now or forever hold your peace.
All my paperwork was done yesterday.
You know, I really like the look of this.
Oh, yeah.
But it's early yet.
Hope we can make it through the day.
I got a good feeling.
That tree could use some love.
Party's not until 4.
We got plenty of time.
You must be Jack Malone.
Bernie Scoggins.
Should we have a seat? Thanks, Bob.
We got it from here.
Thanks for lending us the space.
We're redoing our conference room.
You expecting someone else? One of my colleagues, but we don't need to wait.
I'm sure Mr.
Felder has gone over the basics with you.
I'll ask you a question, you answer Miss Walters will record the answers.
This is not a courtroom, so objections from your lawyer will be noted but not ruled upon.
Malone understands the rules, so why don't we just get started.
Okay, then.
We are now on the record in the case of Maria Malone v.
Jack Malone in re the custody of children, Hanna and Kate.
My name is Bernard Scoggins, the counsel for Maria Malone and I will be conducting this deposition.
This is taking place in FBI headquarters in New York.
Malone, would you please state your full name for the record.
John Michael Malone.
And will you raise your right hand and swear or affirm that the testimony you are about to give will be true.
I so do swear.
Let's start off with a basic question.
Why do you think your children should live with you? Well, I think that the move to Chicago was very difficult for them.
They grew up here, they went to school here, they have friends here.
They have a grandfather whom they are extremely close to here.
And you, of course.
You're here.
You feel better suited to raise them? Yes.
I would never deny their mother access to the girls but I believe Hanna and Kate should be able to see both their mother and father.
You do? Yes.
In fact, if my wife lived in New York, I would be happy to share custody.
But that's not the situation that she created.
She moved to Chicago, took my girls, and then she asked me not to come.
She forced me into a situation where I had to ask for full custody.
Well, your position is perfectly clear.
When you and Mrs.
Malone were cohabitating who made your daughters' breakfast? She did.
And who would bring them to school? We alternated.
Alternated? Yes.
Well, how many times a week would you say you brought them to school? I would say once a week, more or less.
Really? That's strange, because according to their school records you signed them in nine times the entire year.
That's less than once a month, isn't it? According to those records, yeah.
Do you remember an incident that took place at school March 13th of this year? You're gonna have to be a little more specific than that.
It involved you arriving late to pick them up.
Yes, I remember that.
Well, can you describe that day? In as much detail as you can remember.
My wife was on her way from a meeting in Boston.
She got stuck at the airport, called me, asked me to pick up the girls.
It's okay.
What's the matter? We've been waiting here for an hour.
I'm sorry, sweetheart.
Malone, can I speak to you for a moment? Yeah, sure.
Stay with your sister for a second, will you? I'll be right here.
They were very worried about you.
Yes, I know, I'm late.
It's an occupational hazard.
They understand what you do.
When this happens, they talk about whether you've been shot.
Whether I've been shot? Yeah.
Both of them? Hanna's more angry.
Have you read any of her writing lately? No.
I think you might wanna take a look at it.
Did you read Hanna 's creative writing? Yes, I did.
What did it say? She wanted to spend more time with her father, a situation I'm trying to correct.
Why were you so late that day? Why was my wife stuck in Boston? I was working, doing my job.
I was conducting an interview.
Was there another agent with you? Yes.
Who would that be? Vivian Johnson.
Why couldn't you put her in charge while your children were waiting for you? It was a mistake.
One that will not happen again.
I would hope not.
What do you think Jack's gonna do if he loses? I don't know.
Maria's lawyer? Scumbag.
I think he's just doing his job.
No, no, no.
The things he was asking me, he was Guy's just digging for dirt.
He asked about the Spaulding case and if I thought Jack was affected by it.
What did you say? I said we all were.
Say it ain't so.
Yes, of course.
Send him right up.
Jack's father's here.
His team's right in there.
I'm sure they can help you.
Thank you.
I'm Frank Malone.
Vivian Johnson.
We met at Jack's 40th birthday party.
Where is Jack? Oh, he's giving his deposition right now.
Deposition? For what? Well, for his divorce.
Is there something wrong, sir? No, no, I came for the Christmas party.
Jack invited me.
He must have forgotten to tell me about this other thing, I mean Oh, well, he'll probably be in there all day.
But you're welcome to hang out here with us.
The party's not gonna start for a while.
Look, can I get you something, Mr.
Malone? Would you like a drink or something? I brought some bourbon.
We'll start on straight soda.
Have a seat, sir.
I like your hair.
Oh, thank you.
Yeah, I always had a thing for blonds.
Better watch it.
So does Jack.
So let's talk about Samantha Spade.
According to her deposition, you began an affair in August 2001.
Correct? That's correct.
How long did that go on for? Five months.
And during this affair, did you work your typical 50, 60 hours a week? Yes.
So you were sleeping with Miss Spade on the job, at the office? No.
So you'd go to her place? Yes.
How many times a week? Two or three.
Quickies? He's not gonna answer that.
But would you stay at her place? Occasionally.
And how did you keep that from your wife? I told her I was working.
And she believed that? Yes.
She was used to you working late? You'd have to ask her.
So if you were staying out late or not coming home at all I'd imagine this fling with Miss Spade kept you from seeing your daughters.
I ended the affair with Miss Spade because I felt it was hurting my family.
Your family.
Of course.
I'm looking for a small town in Wisconsin.
Seven letters.
Starts with a B.
Okay, let's see.
Baraboo? Yeah.
It was the home of the Circus World Museum.
Get out.
You've been there? Yeah.
When? Class trip.
Eighth grade.
Snuck off with Stephanie Lowe to smoke pot.
Almost got left behind.
Can you imagine being stuck in a place called Baraboo? What's more incredible is that it fits.
What are we doing, Jack? We're laying on your bed, listening to the rain, doing a crossword puzzle.
Come on.
I don't know.
You okay? You seem a bit out of it today.
Honestly? Yeah.
I I kind of feel responsible for what's going on with Jack.
I'm sorry.
I'm glad you told me.
Yeah? Yeah.
Okay, I'm gonna get back to the tree.
Are you thinking of going back to dating Miss Spade? No.
Why not? It's in the past.
Well, are you dating anyone else? No.
Do you think you'll be dating in the future? I would assume so, yes.
And continuing this 60 hour work week? I just want to address this work issue thing.
My wife is a full partner in a law firm.
She works full time.
Your wife's work will be in her deposition.
Right now we're talking about you, and you haven't answered the question.
I will modify my hours.
I will hire a full time nanny.
I will do whatever I have to do to make sure that my girls are taken care of.
They will become my number one priority.
Are you saying they haven't always been in the past? My girls have always been the most important thing in my life.
Your past actions demonstrate that? No.
Are your past actions an indication of what's gonna happen in the future? I believe my client's answered this line of questioning.
Let's move on.
Hang on.
Is this the colleague that we're waiting on? We're off the record.
What kind of stunt is this? I have every right to be here.
You know that.
Your attorney has every obligation to inform us.
My flight was delayed.
We didn't know if I'd make it.
Maybe my client can do this some other time.
I apologize if we've ruffled any feathers here.
It's within your right to adjourn.
Maybe we should adjourn.
No, I wanna finish this now.
We're back on the record.
Have it be noted that Maria Malone has now joined the proceedings.
In April 2003, you were working on a case that involved the disappearance of an investigative reporter, Delia Rivers.
Yes, I was.
What was the conclusion? She was murdered.
By whom? Freddy Cattan.
And during that case, did Mr.
Cattan threaten your family? Yes, he did.
How so? One of Mr.
Cattan's men confronted my wife and daughters outside their school.
Were either of the children affected by this? Hanna had some nightmares.
If you were to get sole custody of Hanna and Kate could you be sure that wouldn't happen again? I can't be.
Any more than you can be sure you won't be hit by a bus.
You're not concerned? About you being hit by a bus? No.
No, about endangering your family.
Yes, of course I am.
But you'd rather your children live with you here than in Chicago.
I would rather that my wife and children lived in New York.
What, you doubt that? I think it's convenient for you to say that now.
You left without an explanation.
I did explain.
You didn't hear it.
You didn't explain it clearly.
Okay, in addition to the physical risks of being in the FBI is it emotionally demanding as well? Hi.
You have children? A son.
You know, I would never fight the way Jack is, you know, for the kids.
Maybe he's trying to prove he's not his old man.
You know, he just really loves those girls.
He's a good father.
I'm sure he'd really be happy to hear you say that.
Yeah, I was never around much when he was growing up.
Army, you know? It's a tough job.
Yeah, but so is his.
Yeah, well, especially when you take everything to heart.
You mean Jack? Yeah.
I wouldn't know.
He never talks.
Well, that's what I mean.
He keeps everything inside.
He talked with his mother, but not with me.
I never could figure out what was going on inside that head of his.
Out of all the cases you've worked on, which was most difficult emotionally? I don't know.
Because there have been so many? Because I've worked on Missing Persons for 12 years.
How about the Andy Deaver kidnapping? Was that difficult? Yes.
Why's that? The man who took him was a serial killer who preyed on young children.
Graham Spaulding.
Did that case affect you at all? Not particularly.
Do you remember your daughter Kate's 7th birthday? Yes.
Did anything out of the ordinary happen? Not really.
Like, did something break? A camcorder.
How did that happen? You know.
I think I'd like to hear your version.
Okay, sure.
You want it? Look at Kate.
She's having a ball.
The magician was a great idea.
Can you believe what this guy does with balloons? Can you believe Kate's 7? Oh, I know.
It goes fast.
Excellent, excellent.
Where's Hanna? Hanna.
Hanna! Jack, wait a minute.
Jack! What are you doing? What the hell are you doing? Wait, stop, stop! What are you doing? It's Tom! Alice's father.
We met at the school.
I'm sorry.
Are you all right? I'm okay.
What's the matter with you? It wasn't funny at the time, but Tom and I laugh about it now.
According to court records, you arrested Spaulding on September 24th.
Now, when is Kate's birthday? September 27th.
So that's three days earlier.
I mean, do you think that there was any correlation at all between the behavior in the park and the stress you had from the case? I don't know.
Malone, have you ever attempted suicide? I object, inflammatory.
Answer the question.
Never? Never.
Because I have an old police report that says John Michael Malone, that's you ran his car into a telephone pole.
So what? Was that not an attempted suicide? He's not gonna answer that.
We're gonna take a recess.
Jack? What's he talking about? I can't believe she did that.
Is it true? What? No.
When was this accident? Twenty years ago.
It was nothing.
Why does he go there? What's Maria got on you? My mother killed herself.
All right.
This is a legitimate line of questioning.
If he can prove a history of mental illness There's not a history of mental illness in my family.
Jack, you gotta level with me.
Did you try to kill yourself? No.
All right.
I say we let them run with it.
What for? If it's a specious claim, it's harassment.
We can use it against him.
It is specious, isn't it? Yeah.
All right.
Let's go for it.
Back on the record.
Malone, when did you join the Army? We were talking about this car accident.
Well, I'm on my way, counselor.
Well, make it snappy.
When did you join the Army? When I was 18.
How long did you serve? Six years.
Did you like it? Not particularly.
Why did you join in the first place? Family business.
So your father wanted you to go? More or less.
Was he disappointed when you left? He may have been a little disappointed.
And when you got out of the Army, what were you moving on to? I went to college.
That wasn't for another year, right? What did you do immediately after you left the Army? I moved home.
Where you grew up? Yeah.
Why? The rent was cheap.
Well, did you work during that period? No.
Did you travel? No.
Take classes? Date any girls? No.
What did you do? I watched TV.
Where was your father? Germany.
So you were in that house all alone? Yes.
Where your mother had killed herself 10 years earlier.
That's right.
You leave your Army post in Virginia you go back up to Pittsburgh to sit around your parents' house for a year? Yep.
Sounds like you were depressed.
Does it really? Yeah.
Tell me about this car accident.
I fell asleep at the wheel.
Really? Really.
Because according to the police reports, it says it happened at 4 p.
So? Were you drinking? No.
You're 25 years old and you fall asleep at 4:00 in the afternoon? Asked and answered.
You're on a straight road, it's not raining, it's not snowing there's nothing wrong with your car, broad daylight and you ram head on into a telephone pole? I told you I fell asleep at the wheel.
Yes, yes, you did tell me that.
But did you not also tell your wife years later that you purposely plowed into a pole? No.
Do I have to remind you that you took an oath? You're under penalty of perjury.
Well, unless she had a tape recorder in the room you're gonna have a hard time proving it.
What's the matter? Can't stand the smell of burning flesh? We reap what we sow, Jack.
Yeah, we sure do.
Note that Mrs.
Malone has left the room.
Do you have anything other than hearsay? Let's move on.
Look, I know this I know you probably don't care but for what it's worth, I really am sorry.
You're right.
That's not worth much.
How you doing, Mr.
Malone? Waiting for you, sweetheart.
Here you go.
A masterpiece.
Okay, where's the snow? They said it was gonna snow today.
Yeah, it would be nice.
I'm worried about Jack.
Malone, these depositions always take a long time.
I'm sure they'll be done soon.
I was away so long.
He was off in his own world all the time, especially since his mother died.
He blames me for it.
He was there, I wasn't.
I don't know what he wants from me.
I did what I could.
Maybe the Army will do him some good.
Yeah, maybe.
You have a masters degree in psychology, don't you? Yes, I do.
And how did your interest develop? I took some courses in college.
Did it have anything to do with your mother? It's possible.
You know, trying to figure her out? Mr.
Malone? What was your question? You wanted to find out what I thought was wrong with my mother? That's right.
I think she may have suffered from some kind of bipolar disorder.
Well Was that difficult to deal with as a child? What does this have to do with anything? I don't think you need a degree in psychology to know that your relationship with your mother has an effect on the kind of parent you are now.
What was the question again? Was it difficult growing up with your mother? I didn't know any different.
That wasn't the question.
Yes, at times it was difficult.
Were you close with her? Yes, I was.
You loved her? Yes.
You wanted to make her happy? I did.
And her relationship with your father? They fought a lot.
You said he wasn't around.
When he was, they fought.
At those times, she would turn to you? Yes.
Would you say you were her confidante? Yes, I would.
And would she sometimes ask you to keep things from your father? Like what? Like secrets.
I think you're gonna have to spell it out a little more clearly for me.
The first time your mother tried to kill herself, you were there.
What happened? She tried to gas herself in a car.
But she was unsuccessful? I interrupted her.
Malone, late that night did she come to your room and ask you to do something for her? Take those off, honey.
I don't know what got into me.
What's that supposed to mean? I'm sorry.
What are you apologizing for? You didn't do anything to me.
Have you ever tried that before? No, no.
And I won't ever again.
I promise.
I don't understand what happens to you.
You're like one person one day I know.
I know, honey.
I don't know either.
I wish I did.
What do the doctors say? Doctors.
Yeah, doctors don't know anything.
Hey Don't tell your father.
Mom Please, please.
You know how he is.
I promise.
I'm not going anywhere, okay? Okay.
I'm gonna ask you again, Mr.
That night, did she go to your room and ask you to do something for her? She asked me not to say anything.
To your father? That's right.
And did you say anything to your father? No.
She killed herself three months later? That's right.
She left you.
She was sick.
Didn't she promise she wouldn't do it? She was sick.
Didn't you feel abandoned? Not really.
Where was your father? The Philippines.
So you were left all alone? I was 16 and perfectly capable of taking care of myself.
Ten years later, you find yourself in the same house, alone again and you wrap your car around a telephone pole.
I mean, come on, Jack.
Let's get real.
That was a cry for help.
But again, no one was there because everyone leaves in your life.
Even your wife.
Is there a real question in there? Before your wife was able to, you left.
You had an affair.
You worked 60 hours a week.
You were never there.
You protect yourself from having anyone leave you.
You can't be close to anyone, can you, Jack, because it's too scary.
This is enough.
Let me ask you this.
If you have custody of your children Look, I object to this.
Who's to say you're gonna be there, if you've never been there in the past? How can you expect? Help me! I wanna know.
I wanna know.
The court wants to know.
He's badgering my client! How do you expect to be a role model when you've never dealt with any of your problems? Your real problems, Jack? Enough! What happened here? I want that on the record.
Jack Malone threw a chair through the window.
Not an accident! We're off the record.
That was harassment.
Are you happy now? Are you happy? Got what you wanted? Yeah, I feel great, Jack.
I feel great that you cheated on me.
Came and went when you wanted.
A part time husband.
Part time father.
I feel great.
I would never have put you through what you've just put me through here.
I am doing what I need to do for my children.
My children.
The only reason you're fighting is to get back at me.
I couldn't care less about you.
They're my children too, I want them back.
It's not about that! This is about you! You honestly think that you can be who you are and raise children on your own? Yes, I do.
You're wrong.
You know what? This whole thing is wrong.
I wanna tell you something.
What's up? I'm happy.
I mean, you make me really, really happy.
Who's that? That's my father.
What's he doing here? I don't know.
You sort of lost your cool there.
Have they gone? No.
Why not? They won.
I've asked for a redirect.
What for? I get to question you myself.
Rehabilitate you for the record.
What's the point, Ed? It's important we do this, prove that you're able to get a hold of your temper.
And you can explain why you just did what you did.
I need a couple of minutes.
Thank you.
Which one is she? The one with the nurse.
She's beautiful.
Yes, she is.
You pick a name yet? Hanna, after your mother.
That's nice.
What's going on with you? Nothing.
You know, I just never had a kid before.
I don't know what to do.
No one does.
You do what you can.
Yeah, what if you screw it up? Look, we all make mistakes.
We try to do what's best for them.
You mind doing this later? Okay.
Back on the record, please.
It is now 6:00.
All parties are present, including Jack Malone, who's just returned to the room.
Malone, could you explain what happened just before we adjourned? Jack? I'd like to speak to my wife.
I don't think that's a good idea.
What are you doing? I just wanna talk to her.
I don't think it's a good idea.
It's okay.
I'm okay.
Just let me do this, Ed.
All those things that Scoggins talked about today that's why you left? Well, I tried to tell you myself, but you wouldn't listen.
So it was just me? No, I never said that.
No, but you acted that way.
What you did to me today was unforgivable.
But you made your point.
You're right.
I'm not equipped for the job.
I never was.
The girls belong with you.
Jack Please, just Just leave.
They still need a father.
We just have to figure out a way to work this out.
Hey, chill on that.
Pick it up.
Don't get another one.
Looks like I missed the party.
We were waiting for you.
Deal me in.
Five card draw.
It's snowing.
We were thinking about braving it and heading over to Hop Lee.
Sounds good.
You okay? Yeah, yeah.
What time is it? It's about 7:30.
We're gonna go get some Chinese.
You wanna come? Yeah.
Is there a good place nearby? Just around the corner.
Come on.
How was the deposition? Let's go.
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