All language subtitles for Without a Trace - 03x10 - Malone v. Malone.DVDRip.XviD-SAINTS.English.orig.Addic7ed.com

I can't reach it.

Here.

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.
Dad.

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.
No.

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.

Gentlemen.
Bernie.

Ed.
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.

Pleasure.

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.

Mr. 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.

Mr. 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.
Obviously.

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.

Mr. 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.

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.

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 what?

Well, for his divorce.

Right. Right.

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.
Yeah.

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.

Yeah.

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. Right.

I'm looking for a small town
in Wisconsin.

Seven letters. Starts with a B.

Okay, let's see.

Bayside.

Baldwin.

Baraboo.

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.

Right.

I'm sorry.
No.

I'm glad you told me.

Yeah?
Yeah.

Okay, I'm gonna get back to the tree.
Okay.

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.

Good.

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.

Right.
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.
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.

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

Yeah. 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.
Yes.

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.

Mr. Malone,
have you ever attempted suicide?

I object, inflammatory.

Noted. Answer the question.

No.

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.

Mr. 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. 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.m.

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.

Hi.

Hello.

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.
Thanks.

A masterpiece.

Okay, where's the snow?

They said it was gonna snow today.
Yeah, it would be nice.

I'm worried about Jack.

Mr. 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.

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.

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?
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. Malone.

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.

Thanks.

Hey.
Hey.

I wanna 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, 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.

Sure.

Hi.
Hey.

Congratulations.
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.

Thanks. 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.

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.

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.

Two.

Hey. You okay?

Yeah, yeah.

What time is it?
It's about 7:30.

We're gonna go get some Chinese.
You wanna come?

Yeah. Sure.

Is there a good place nearby?
Just around the corner.

Good.
Come on.

How was the deposition?

Let's go.

Adapted by:
SDI Media Group

[ENGLISH]