All language subtitles for Without.a.Trace.S03E10.Malone.v.Malone.WEBRip.x264-ION10

I can't reach it!

Aw, here.

There you go.

Aren't you gonna
help us, Dad?

Just a minute.

You said you weren't
gonna work on Christmas.

It's not Christmas yet.

In two days.

Then we open
our presents, right?

Maybe.

Dad!

I know where
they're hiding them.

Where?
I'm not telling.

Mom, she won't tell me.

You're okay.

You told her?

No, Santa Claus.
Come on.

I can't believe
you tell her everything.

( conversation fades
in a whoosh )

I know everything...
except where the presents are.

MAN:
You read all the depositions?

Yes, of course.

He's gonna come after you.

I've been deposed before, Ed.

Not with this much at stake.

No.

Just be prepared for anything.

I am.

And stay cool.

I will.

Charlie Lipson is officially
in the books.

I hope he told his wife the next
time he has a midlife crisis

and goes paragliding
off Englewood Cliffs

we're not
looking for him.

I'm turning this file
in to Olchuck.

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.

Hopefully, we can make it
through the day.

I got a good feeling.

That tree could
use some love.

Party's not until 4:00.

We got plenty of time.

Gentlemen.
Bernie.

Ed. You must be
Jack Malone.

Bernie Scoggins.

Shall we have a seat?

Thanks, Bob, we've
got it from here.

Thanks for lending us the space.

We're redoing our conference
rooms, it's is a mess.

It's a pleasure.

Are you expecting someone else?

Well, my colleagues,
but we don't need to wait.

I'm sure Mr. Feather has
gone over the basics with you.

I'll ask you a question,
you answer

Ms. Walters
will record the answers.

This is not a courtroom,
so any objections

from your lawyer
will be noted

but obviously not ruled upon.

Mr. Malone understands
the rules

of a deposition, 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

re: the custody
of their children,

Hanna and Kate Malone.

My name is Bernard Scoggins,

the counsel for
Maria Malone,

and I will be conducting
this deposition.

This deposition is taking place

at the FBI headquarters
in New York City.

Mr. Malone, would you
please state your

full name for
the record?

John Michael Malone.

And will your 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 should your children
live with you and not your wife?

Well, I think
that the move to Chicago

was very difficult for them.

They grew up here, they went to
school here, have friends here,

they have a grandfather

whom they are extremely
close to here.

And you, of course.

You're here.
Obviously.

And you feel better suited
to raise them at this time?

Yes.

I would never deny their mother

access to the girls,

but I believe
that Hanna and Kate

should 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,

she took my girls
and 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.

Who brought them
to school?

We both did, we alternated.

Alternated?
Yes.

How many times a week would you
say you brought them to school?

I would say, uh,
once a week, more or less.

Really?

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.

Mr. Malone, do you
remember an incident

at your daughters' school
March 13 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 coming back from
Boston, got stuck at the airport

she called me, asked me to pick
up the girls from school.

What's the matter?

We've been waiting here
for an hour.

I'm sorry, sweetheart.

Mr. Malone, can I speak
to you for a moment, please?

Uh, yeah, sure.

Uh, stay with your
sister for a second.

They were very worried
about you.

Yes, I know I'm late.

Uh, it's, you know,
occupational hazard.

They understand what you do.

When something
like this happens,

they start talking about whether
or not you've been shot.

Been shot?!
Yeah.

Both of them?

Hanna's more angry.

Have you read any of her
creative writing lately?

No.

I think you may want
to take a look at it.

SCOGGINS:
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 that
I'm trying to correct.

Shy were you
so late that day?

Why was my wife stuck
in an airport in Boston?

I was working,
doing my job.

I was conducting an interview.

Was their another agent
with you in this interview?

Yes.
And who would
that be?

Vivian Johnson.
Why couldn't you
put her in charge of

an interview
while your children

were waiting for you?

It was a mistake.

One that will not happen again.

I would hope not.

DANNY: What do you think
Jack's gonna do if he loses?

I don't know.

Maria's lawyer-- scumbag.

He's just doing his job.
No, no.

The things he was
asking me...

He was just
digging for dirt.

Asked me about
the Spalding case

and if Jack
was affected by it.

What did you say?

I said we
all were.

Oh, say it ain't so.

Johnson.

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.

Hi... uh, I'm Frank Malone.

Hi. Vivian Johnson.

We met at Jack's

40th birthday
party.

Yeah.
Yeah.

Where is Jack?

Oh, he's giving
his deposition right now.

Deposition

For his divorce.

Oh.

Right.

Right.

Is there something wrong, sir?

No, no, I...

I came for the
Christmas party.

Jack invited me, but...
he must have forgotten

to tell me about
this other thing, I mean...

He'll probably
be in there all day.

Oh.

But you're welcome to, uh,
hang out here with us.

The party's not
gonna start for a while.

VIVIAN:
Yeah, look, can I

get you something,
Mr. Malone?

Would you like a drink?

Oh, I brought some bourbon.

Oh...

We'll start on straight soda.

Have a seat, sir.

I like your hair.

Oh, thank you.

I always had
a thing for blondes.

Better watch it.

So does Jack.

SCOGGINS:
So let's talk about
Samantha Spade.

According to her deposition,

you began an affair
with her in August, 2001.

Is that correct?
That's correct.

-Five months.

During this affair,
did you work your typical 50

60 hours a week?
Yes.

You were sleeping
with Ms. Spade on the job

here at the office?
No.

-So you'd go back to her place.
-Yes.

-Two or three.

Quickies?

He's not going to answer that.

SCOGGINS:
Would you stay
at her place?

Occasionally.

How did you keep that
from your wife?

-Told her I was working.

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 would imagine that this

fling with
Ms. Spade kept you

from seeing
your daughters.

I ended the affair
with Ms. Spade

because I felt
it was hurting my family.

Your family.
Of course, right.

( rainfall slowly
fades in )

JACK:
I'm looking for a small town
in Wisconsin.

Seven letters,
starts with a "B."

Mm. Okay, let's see.

Um...

Bayside.

Mm-hmm.

Baldwin.

Mm-hmm.

Baraboo.

Baraboo?

Yeah. It's 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?

Uh-uh.

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.
It's nice.

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.

Right.

I'm sorry.

No. I'm glad you told me.

Yeah?

Yeah.

Okay. I got to get
back to the tree.

Okay.

SCOGGINS:
Are you thinking of going back
to dating Ms. Spade?

-No.

It's in the past.

-No.

Do you think you'll be
dating in the future?

I would assume so, yes.

And continuing this
60

I just wanna address
this whole work issue thing.

My wife's a full partner in
a law firm. She works full time.

Her work habits will be
her deposition's subject.

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'll do anything
to make sure that my girls

are taken care of.

They will become
my number one priority.

Are you saying that they haven't
always been in the past?

They have always been the
most important thing in my life.

You believe your past
actions demonstrate that?

The way you
present them, no.

I'm trying to understand if your
past actions are an indication

of what's gonna
happen in the future.

My client's answered this
a number of ways.

Let's move on.
Wait a minute.

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.

Your attorney is
obligated to inform

that you're gonna be here.

My flight was delayed. We didn't
know if I'd make it.

Maybe my client gets a migraine
and we do this later.

I apologize
if we've ruffled
any feathers here.

It's within your
right to adjourn.

Maybe we should adjourn...
I want to finish this now.

Good.

We're back on the record.

Have it be noted
that Maria Malone

has now joined
the proceedings.

SCOGGINS:
In April of 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 Katan.

And during that case, did
Mr. Katan threaten your family?

Yes, he did.

How so?

One of Mr. Katan's men

confronted my wife
and daughters
outside their school.

Were your children
affected by this?

Hanna had some nightmares.

Let me ask you--
if you get sole custody

of Hanna and Kate, how could you
be sure it won't happen again?

I can't be.

Any more than you can be
you won't be hit by a bus

You're not
concerned about it?

About you being hit
by a bus? Not really.

No. About endangering
your family.

Yes, of course I am.

You'd rather your children
live with you here

than their mother
in Chicago?

I'd rather that
my wife and children

lived in
New York City.
Right.

You doubt that?

I think it's
very convenient

for you to say that now.

You left without
giving me an explanation.

I did explain.
You just didn't hear it.

I don't think you explained
it very clearly.

SCOGGINS: In addition
to the physical risks

of being in the FBI,
is it

emotionally demanding,
as well?

Hi.

Hi.

You have children?

A son.

You know, I would never
fight the way Jack is...

you know, for the kids.

Maybe that's what he's doing--

trying to prove
he's not his old man.

No. You know, he just really
loves those girls.

Yeah. He's a good father.

You know, 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 this.

Yeah, well,
especially when you take

everything to heart.

-You mean Jack.
-Yeah.

Well, I wouldn't know.
He never talks about it.

Well, that's
what I mean.

He keeps everything inside.

Well, he'd talk with his mother,
but not with me.

I never could

figure out what was going on
inside that head of his.

I mean...

Of all the cases you've
worked on, which one was

the most difficult
emotionally?

I don't know.

Because there's
been so many?

Because I've worked
on Missing Persons for 12 years.

How about the Eddie Deaver
kidnapping.

Was that
a difficult case?

Yes.
Why is that?

Because the man who took him

was a serial killer
who preyed on young children.

Graham Spaulding.
Yes.

Did that case affect you?
Not particularly.

Do you remember your daughter
Kate's seventh birthday?

Yes.

Did anything out
of the ordinary happen that day?

Not really.

Like, did something break?

A camcorder.

Oh.

How'd that happen?
I think you know.

I'd like
to hear your version.

Okay, sure.

Whoa, there you go!

The magician was
a great idea.

Can you believe
what this guy does

with balloons?
It's incredible.

Can you believe
Kate's seven?

I know, it goes fast.

Where's Hanna?

MARIA:
Hmm?

JACK:
Hanna!

Hanna!
Jack!

Jack!

What are you doing
to my daughter?!
Dad?!

What are you doing?

What the hell are you doing?

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?

That wasn't funny at the time

but Tom and I laugh
about it now.

SCOGGINS:
According
to court records,

you arrested Graham Spaulding
on September 24.

Now, when is Kate's birthday?

September 27.

That's three days earlier.

Do you think there
was any correlation at all

between the behavior you had
in the park that day

and the stress you had
from the case?

I don't know.

Mr. Malone, have you ever
attempted suicide?

I'm going to object to
that as inflammatory.

Noted. Can you answer
the question, please?

No.

Never?

Never.

I have an old
police report here

that says John Michael Malone,
that's you--

ran his car
into a telephone pole.

So what?
So was that not
an attempted suicide?

He's not gonna
answer that,

and we'll
take a recess.

Jack.

What the hell's
he talking about?

I can't believe she did that.

Is it true?

What? No.

When was this accident?

20 years ago.

It was nothing.
It was ridiculous.

Why is he going there?
What's Maria got on you?

My mother killed herself.

Well, this is a perfectly
legitimate line of questioning.

If he proves there's a history
of mental illness in your family

There's not a history
of mental illness in my family.

Jack...
you got to level with me.

Did you try to kill yourself?

No.

All right.

Let him run all
the way down the road with it.

What for?

If its 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.

SCOGGINS:
We're back on the record.

Mr. Malone,

when did you join the army?

Thought we're talking
about this car accident.

I'm on my way.

Well, make it snappy.

When did you join the army?

When I was 18.
And how long did you serve?

Six years.
Did you like it?

Not particularly.
Then why'd you join

in the first place?

Family business.

So your father
wanted you to go?

More or less.

Was he disappointed
when you left?

Yes, he may have been
a little disappointed.

And when you got
this discharge,

what were you
moving on to?

I went to college.

That wasn't
for another year, right?

I mean, 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.

Well, did you travel?
No.

Take classes?
No.

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

ten years earlier.

That's right.

You leave your army
post in Virginia,

you go all the way back up
to Pittsburgh

to sit around
your parents' house

for a year?

Yep.

Sounds to me
like you were depressed.

Does it really?

Yeah.

Tell me about this car accident.

I fell asleep at the wheel.

Really?

Really.

'Cause according
to the police reports,

it says it happened at 4:00 p.m.

So?

Were you drinking?
No.

You're telling me, 25 years old,
and you fall asleep

at 4:00
in the afternoon?

Asked and answered.

You were 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
that car into a pole?

No.

I'd like to remind you

that you took an oath,

that you're under
penalty of perjury.

Well, unless she
had a tape recorder

in the room
at the time, you'll have

a really hard time proving it.

What's the matter?

Can't stand the smell
of burning flesh?

You know,
we reap what we sow, Jack.

Yeah, we sure do.

Note that Mrs. Malone
has left the room.

Do you have anything other
than conjecture and hearsay?

Let's move on.

Hi.

Hello.

Look, I know this is...

I know you probably
don't care...

but for what it's worth, I...

I really am sorry.

:
Yeah.

You're right.

That's not worth much.

How you doing, Mr. Malone?

Waiting for you,
sweetheart.

Mm. Here you go. Thanks.

A masterpiece.

Okay, where's the snow?

They said
it was gonna snow today.

VIVIAN:
Yeah, it would
be nice.

I'm worried about Jack.

Mr. Malone,

these depositions
always take a long time.

I-I'm sure they'll be done soon.

I was away so long.

He's 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'll do him
some good.

Yeah. Maybe.

Yeah, maybe.

SCOGGINS:
You have a master's degree

in psychology,
don't you?

Yes, I do.

And how did your...

interest develop in psychology?

I took some courses in college.

Did it have anything to do
with your mother?

It's possible.
You were trying to...

figure her out.

Mr. Malone?

What was your question,
that you wanted to, uh...

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.

Wow. Was that difficult
to deal with as a child?

What does this have to do
with anything?

SCOGGINS:
Well, I don't
think you need

a degree in
psychology to know

that your relationship
with your mother

has an affect on the kind
of parent you are now.

What was the question again?

Was it difficult
growing up with your mother,

with her disorder?

I didn't know any different.

That wasn't the question
I asked.

Yes, at times, it was difficult.

Were you close with her?

Yes, I was.
You loved her?

Yes.
Wanted to make
her happy.

I did.
And what was
her relationship

with your father?

They fought a lot.
I thought you said

he wasn't around much.

When he was around,
they'd fight.

And at those times,
she would turn to you.
Yes.

So 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.

Yes.
What happened?

She tried to gas herself
in a car.

But she was unsuccessful.

I interrupted her.

Mr. 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?

Oh, no, no.

I won't ever again,
I-I promise.

I don't understand
what happens to you.

You're like one person
one day...

I know, I know, honey. Um...

I don't know, either.

I wish I did.

What do the doctors say?

:
Doctors.

The doctors
don't know anything.

Um...

Don't tell your father, okay?

Mom...
Please, please.

You know how he is.

I promise.

I'm not going anywhere, okay?

Okay.

SCOGGINS:
I'm gonna ask you...

again, Mr. Malone.

That night,
did she go to your room

and ask you
to do something for her?

MALONE:
She asked me
not to say anything.

To your father.
That's right.

And did you say anything
to your father?

No.

And she killed herself
three months later.

That's right.

SCOGGINS:
She left you.

She was sick.
Didn't she promise

that she wouldn't do it again?

She was sick.
You were a child.

Didn't you feel
abandoned?
Not really.

Where was your father?
The Philippines.

Oh, 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

all alone again,
and you're wrapping 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, don't they, Jack--
even your wife.

Is there a real
question in there?

Before your wife
was able to leave,
you left her.

You had an affair.

You worked
60 hours a week.

You were never there.

To protect yourself from
anyone leaving you again.

You can't be close
to anyone, can you, Jack?

Because it's too scary.

That's enough.
Well, let me ask you this.

That's enough.
If you had custody
of your children...

...if you've never
been there in the past?

JACK:
Enough! Enough! That's enough!

On the record!

Jack Malone threw a chair
through the window!

That is not an accident!

Now we're off the record.

Are you happy now?

That was total
harassment.

You get what you wanted?

Yeah, I feel great, Jack.

I feel great that
you cheated on me.

You came and you went

when you wanted,
a part-time husband

and part-time father--
I feel great!

No matter what, I would never
have put you through

what you just
put me through in here.

I'm doing it
for my children.

The only reason you're fighting
now is to get back at me.

I couldn't care
less about you.

They're my children, too,
and 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.

...runs down,
they come after him.

So here are Agent Spade
and Johnson,

he jumps out, jumps out
the window of the house...

Hey.

Hey.

I want to tell
you something.

Sure. What's up?

I'm happy.

Okay.

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 now.

Prove that you're able
to control your temper

and you can explain why
you just did what you did.

I need a couple of minutes.

Sure.

Hi.

Hey.

Congratulations.

Thank you.

Which one is she?

The one with
the nurse.

She's beautiful.

Yeah, 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,

I never had a kid before,
I don't know what to do.

No one does.

You do
what you can.

What if you screw it up?

Look, we all
make mistakes.

We try to do what's
best for them.

Uh, thanks. You mind
doing this later?

FEATHER:
Back on the
record, please.

It is now 6:00,

all parties
are present,

including Jack Malone, who's
just returned to the room.

Mr. Malone,

could you explain what happened
just before we adjourned?

Jack.

I'd like to speak
to my wife, alone.

I don't think that's a good idea
at this point.

What are you doing, Jack?
I just want to 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?

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.

SAMANTHA:
Oh, hey, chill on that.

Pick it up.

Let's see what
I can get.

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.

Two.

Hey.

You okay?

Oh...

Yeah, yeah.

Oh, what time is it?

It's about 7:30.

Oh...

We're going to go get
some Chinese.

You want to come?

Yeah, sure.

Is there
a good place nearby?

Just around the corner.

Good.

Come on.

Oh, uh, how was
the deposition?
Let's go.

["Happy Christmas"
by John Lennon]

* So this Christmas *

* And what have you done *

* Another year over *

* And new one just begun *

* And so this is Christmas *

* I hope you have fun *

* The near and the dear one *

* The old and the young *