1 00:00:18,752 --> 00:00:21,489 I can't reach it! 2 00:00:21,555 --> 00:00:23,657 Aw, here. 3 00:00:25,793 --> 00:00:27,695 There you go. 4 00:00:31,232 --> 00:00:32,800 Aren't you gonna help us, Dad? 5 00:00:32,866 --> 00:00:34,168 Just a minute. 6 00:00:34,235 --> 00:00:36,204 You said you weren't gonna work on Christmas. 7 00:00:36,270 --> 00:00:37,505 It's not Christmas yet. 8 00:00:37,571 --> 00:00:38,639 In two days. 9 00:00:38,706 --> 00:00:40,474 Then we open our presents, right? 10 00:00:40,541 --> 00:00:41,509 Maybe. 11 00:00:41,575 --> 00:00:43,911 Dad! 12 00:00:43,977 --> 00:00:45,346 I know where they're hiding them. 13 00:00:45,413 --> 00:00:47,348 Where? I'm not telling. 14 00:00:47,415 --> 00:00:49,016 Mom, she won't tell me. 15 00:00:49,083 --> 00:00:51,585 You're okay. 16 00:00:51,652 --> 00:00:52,653 You told her? 17 00:00:52,720 --> 00:00:55,389 No, Santa Claus. Come on. 18 00:00:58,726 --> 00:01:00,661 I can't believe you tell her everything. 19 00:01:00,728 --> 00:01:04,665 ( conversation fades in a whoosh ) 20 00:01:04,732 --> 00:01:09,603 I know everything... except where the presents are. 21 00:01:27,355 --> 00:01:28,922 MAN: You read all the depositions? 22 00:01:28,989 --> 00:01:29,990 Yes, of course. 23 00:01:30,057 --> 00:01:31,225 He's gonna come after you. 24 00:01:31,292 --> 00:01:32,993 I've been deposed before, Ed. 25 00:01:33,060 --> 00:01:35,129 Not with this much at stake. 26 00:01:36,096 --> 00:01:37,131 No. 27 00:01:37,198 --> 00:01:38,566 Just be prepared for anything. 28 00:01:38,632 --> 00:01:39,600 I am. 29 00:01:39,667 --> 00:01:40,968 And stay cool. 30 00:01:41,034 --> 00:01:42,436 I will. 31 00:01:47,708 --> 00:01:49,777 Charlie Lipson is officially in the books. 32 00:01:49,843 --> 00:01:53,447 I hope he told his wife the next time he has a midlife crisis 33 00:01:53,514 --> 00:01:55,082 and goes paragliding off Englewood Cliffs 34 00:01:55,149 --> 00:01:56,384 we're not looking for him. 35 00:01:56,450 --> 00:01:57,518 ( chuckles ) 36 00:01:57,585 --> 00:01:59,353 I'm turning this file in to Olchuck. 37 00:01:59,420 --> 00:02:01,189 Speak now or forever hold your peace. 38 00:02:01,255 --> 00:02:03,056 All my paperwork was done yesterday. 39 00:02:03,123 --> 00:02:05,659 You know, I really like 40 00:02:05,726 --> 00:02:06,860 the look of this. 41 00:02:06,927 --> 00:02:07,895 Oh, yeah. 42 00:02:07,961 --> 00:02:09,430 But it's early yet. 43 00:02:09,497 --> 00:02:11,465 Hopefully, we can make it through the day. 44 00:02:11,532 --> 00:02:14,368 I got a good feeling. 45 00:02:14,435 --> 00:02:17,137 That tree could use some love. 46 00:02:17,205 --> 00:02:19,072 Party's not until 4:00. 47 00:02:19,139 --> 00:02:22,243 We got plenty of time. 48 00:02:28,316 --> 00:02:30,117 Gentlemen. Bernie. 49 00:02:30,184 --> 00:02:32,920 Ed. You must be Jack Malone. 50 00:02:32,986 --> 00:02:34,455 Bernie Scoggins. 51 00:02:36,524 --> 00:02:37,891 Shall we have a seat? 52 00:02:39,527 --> 00:02:41,562 Thanks, Bob, we've got it from here. 53 00:02:43,063 --> 00:02:44,498 Thanks for lending us the space. 54 00:02:44,565 --> 00:02:46,934 We're redoing our conference rooms, it's is a mess. 55 00:02:47,000 --> 00:02:48,502 It's a pleasure. 56 00:02:51,305 --> 00:02:52,873 Are you expecting someone else? 57 00:02:52,940 --> 00:02:55,743 Well, my colleagues, but we don't need to wait. 58 00:02:55,809 --> 00:02:58,579 I'm sure Mr. Feather has gone over the basics with you. 59 00:02:58,646 --> 00:03:00,414 I'll ask you a question, you answer 60 00:03:00,481 --> 00:03:02,316 Ms. Walters will record the answers. 61 00:03:02,383 --> 00:03:04,452 This is not a courtroom, so any objections 62 00:03:04,518 --> 00:03:06,153 from your lawyer will be noted 63 00:03:06,220 --> 00:03:07,455 but obviously not ruled upon. 64 00:03:07,521 --> 00:03:08,956 Mr. Malone understands the rules 65 00:03:09,022 --> 00:03:12,360 of a deposition, so why don't we just get started? 66 00:03:12,426 --> 00:03:13,827 Okay, then. 67 00:03:13,894 --> 00:03:16,497 We are now on the record in the case of 68 00:03:16,564 --> 00:03:18,131 Maria Malone v. Jack Malone 69 00:03:18,198 --> 00:03:19,767 re: the custody of their children, 70 00:03:19,833 --> 00:03:20,868 Hanna and Kate Malone. 71 00:03:20,934 --> 00:03:22,169 My name is Bernard Scoggins, 72 00:03:22,236 --> 00:03:24,238 the counsel for Maria Malone, 73 00:03:24,305 --> 00:03:26,139 and I will be conducting this deposition. 74 00:03:26,206 --> 00:03:27,508 This deposition is taking place 75 00:03:27,575 --> 00:03:29,543 at the FBI headquarters in New York City. 76 00:03:29,610 --> 00:03:31,379 Mr. Malone, would you please state your 77 00:03:31,445 --> 00:03:33,113 full name for the record? 78 00:03:33,180 --> 00:03:34,615 John Michael Malone. 79 00:03:34,682 --> 00:03:37,918 And will your raise your right hand and swear or affirm 80 00:03:37,985 --> 00:03:40,254 that the testimony you are about to give 81 00:03:40,321 --> 00:03:41,289 will be true? 82 00:03:41,355 --> 00:03:43,791 I so do swear. 83 00:04:19,860 --> 00:04:21,629 Let's start off with a basic question. 84 00:04:21,695 --> 00:04:24,532 Why should your children live with you and not your wife? 85 00:04:24,598 --> 00:04:26,567 Well, I think that the move to Chicago 86 00:04:26,634 --> 00:04:29,236 was very difficult for them. 87 00:04:29,303 --> 00:04:32,506 They grew up here, they went to school here, have friends here, 88 00:04:32,573 --> 00:04:34,141 they have a grandfather 89 00:04:34,207 --> 00:04:36,577 whom they are extremely close to here. 90 00:04:36,644 --> 00:04:38,846 And you, of course. 91 00:04:38,912 --> 00:04:40,914 You're here. Obviously. 92 00:04:40,981 --> 00:04:43,951 And you feel better suited to raise them at this time? 93 00:04:44,017 --> 00:04:45,152 Yes. 94 00:04:45,218 --> 00:04:46,854 I would never deny their mother 95 00:04:46,920 --> 00:04:48,188 access to the girls, 96 00:04:48,255 --> 00:04:49,857 but I believe that Hanna and Kate 97 00:04:49,923 --> 00:04:52,125 should see both their mother and father. 98 00:04:52,192 --> 00:04:53,160 You do? 99 00:04:53,226 --> 00:04:54,562 Yes. 100 00:04:54,628 --> 00:04:56,897 In fact, if my wife lived in New York, 101 00:04:56,964 --> 00:04:58,832 I would be happy to share custody, 102 00:04:58,899 --> 00:05:01,502 but that's not the situation that she created. 103 00:05:01,569 --> 00:05:03,003 She moved to Chicago, 104 00:05:03,070 --> 00:05:05,639 she took my girls and asked me not to come. 105 00:05:05,706 --> 00:05:07,274 She forced me into a situation 106 00:05:07,341 --> 00:05:09,309 where I had to ask for full custody. 107 00:05:09,377 --> 00:05:12,646 Well, your position is perfectly clear. 108 00:05:15,082 --> 00:05:18,652 When you and Mrs. Malone were cohabitating, 109 00:05:18,719 --> 00:05:21,021 who made your daughters breakfast? 110 00:05:21,088 --> 00:05:22,423 She did. 111 00:05:22,490 --> 00:05:23,657 Who brought them to school? 112 00:05:23,724 --> 00:05:25,559 We both did, we alternated. 113 00:05:25,626 --> 00:05:27,194 Alternated? Yes. 114 00:05:27,260 --> 00:05:30,664 How many times a week would you say you brought them to school? 115 00:05:30,731 --> 00:05:34,034 I would say, uh, once a week, more or less. 116 00:05:34,101 --> 00:05:37,004 Really? 117 00:05:37,070 --> 00:05:41,542 Strange, because according to their school records... 118 00:05:45,413 --> 00:05:46,380 you signed them in 119 00:05:46,447 --> 00:05:48,882 nine times the entire year. 120 00:05:50,518 --> 00:05:52,920 That's less than once a month, isn't it? 121 00:05:52,986 --> 00:05:55,723 According to those records, yeah. 122 00:05:55,789 --> 00:05:57,825 Mr. Malone, do you remember an incident 123 00:05:57,891 --> 00:06:00,761 at your daughters' school March 13 of this year? 124 00:06:00,828 --> 00:06:03,797 You're gonna have to be a little more specific than that. 125 00:06:03,864 --> 00:06:06,434 It involved you arriving late to pick them up. 126 00:06:09,737 --> 00:06:10,771 Yes, I remember that. 127 00:06:10,838 --> 00:06:12,740 Well, can you describe that day, 128 00:06:12,806 --> 00:06:14,975 in as much detail as you can remember? 129 00:06:18,278 --> 00:06:21,982 My wife was coming back from Boston, got stuck at the airport 130 00:06:22,049 --> 00:06:25,252 she called me, asked me to pick up the girls from school. 131 00:06:25,318 --> 00:06:27,120 ( crying ) 132 00:06:31,391 --> 00:06:33,026 What's the matter? 133 00:06:33,093 --> 00:06:34,327 ( sobbing ) 134 00:06:34,394 --> 00:06:36,329 We've been waiting here for an hour. 135 00:06:36,396 --> 00:06:38,098 I'm sorry, sweetheart. 136 00:06:38,165 --> 00:06:41,134 Mr. Malone, can I speak to you for a moment, please? 137 00:06:41,201 --> 00:06:42,870 Uh, yeah, sure. 138 00:06:42,936 --> 00:06:46,607 Uh, stay with your sister for a second. 139 00:06:50,377 --> 00:06:52,079 They were very worried about you. 140 00:06:52,145 --> 00:06:53,614 Yes, I know I'm late. 141 00:06:53,681 --> 00:06:56,116 Uh, it's, you know, occupational hazard. 142 00:06:56,183 --> 00:06:57,585 They understand what you do. 143 00:06:57,651 --> 00:06:59,052 When something like this happens, 144 00:06:59,119 --> 00:07:01,689 they start talking about whether or not you've been shot. 145 00:07:01,755 --> 00:07:02,923 Been shot?! Yeah. 146 00:07:02,990 --> 00:07:04,157 Both of them? 147 00:07:04,224 --> 00:07:05,659 Hanna's more angry. 148 00:07:05,726 --> 00:07:08,095 Have you read any of her creative writing lately? 149 00:07:08,161 --> 00:07:09,329 No. 150 00:07:09,396 --> 00:07:12,165 I think you may want to take a look at it. 151 00:07:14,367 --> 00:07:17,104 SCOGGINS: Did you read Hanna's creative writing? 152 00:07:17,170 --> 00:07:18,138 Yes, I did. 153 00:07:18,205 --> 00:07:19,473 What did it say? 154 00:07:19,540 --> 00:07:21,709 She wanted to spend more time with her father 155 00:07:21,775 --> 00:07:23,544 a situation that I'm trying to correct. 156 00:07:23,611 --> 00:07:25,479 Shy were you so late that day? 157 00:07:25,546 --> 00:07:27,915 Why was my wife stuck in an airport in Boston? 158 00:07:27,981 --> 00:07:29,583 I was working, doing my job. 159 00:07:29,650 --> 00:07:31,051 I was conducting an interview. 160 00:07:31,118 --> 00:07:33,487 Was their another agent with you in this interview? 161 00:07:33,554 --> 00:07:34,955 Yes. And who would that be? 162 00:07:35,022 --> 00:07:37,591 Vivian Johnson. Why couldn't you put her in charge of 163 00:07:37,658 --> 00:07:39,026 an interview while your children 164 00:07:39,092 --> 00:07:41,161 were waiting for you? 165 00:07:41,228 --> 00:07:42,229 It was a mistake. 166 00:07:44,798 --> 00:07:48,301 One that will not happen again. 167 00:07:48,368 --> 00:07:50,671 I would hope not. 168 00:07:50,738 --> 00:07:53,674 DANNY: What do you think Jack's gonna do if he loses? 169 00:07:53,741 --> 00:07:55,275 I don't know. 170 00:07:55,342 --> 00:07:57,377 Maria's lawyer-- scumbag. 171 00:07:57,444 --> 00:07:59,279 He's just doing his job. No, no. 172 00:07:59,346 --> 00:08:00,714 The things he was asking me... 173 00:08:00,781 --> 00:08:02,349 He was just digging for dirt. 174 00:08:02,415 --> 00:08:03,784 Asked me about the Spalding case 175 00:08:03,851 --> 00:08:05,686 and if Jack was affected by it. 176 00:08:05,753 --> 00:08:06,720 What did you say? 177 00:08:06,787 --> 00:08:08,522 I said we all were. 178 00:08:08,589 --> 00:08:11,759 ( phone ringing ) 179 00:08:11,825 --> 00:08:14,762 Oh, say it ain't so. 180 00:08:15,896 --> 00:08:18,632 Johnson. 181 00:08:18,699 --> 00:08:20,668 Yes, of course. Send him right up. 182 00:08:23,203 --> 00:08:25,873 Jack's father's here. 183 00:08:28,909 --> 00:08:31,879 His team's right in there. I'm sure they can help you. 184 00:08:31,945 --> 00:08:32,980 Thank you. 185 00:08:36,383 --> 00:08:39,019 Hi... uh, I'm Frank Malone. 186 00:08:39,086 --> 00:08:40,353 Hi. Vivian Johnson. 187 00:08:40,420 --> 00:08:42,623 We met at Jack's 188 00:08:42,690 --> 00:08:44,257 40th birthday party. 189 00:08:44,324 --> 00:08:45,726 Yeah. Yeah. 190 00:08:45,793 --> 00:08:47,728 Where is Jack? 191 00:08:47,795 --> 00:08:50,731 Oh, he's giving his deposition right now. 192 00:08:50,798 --> 00:08:52,566 Deposition? For what? 193 00:08:52,633 --> 00:08:56,136 For his divorce. 194 00:08:56,203 --> 00:08:57,871 Oh. 195 00:08:57,938 --> 00:08:58,906 Right. 196 00:08:58,972 --> 00:09:00,574 Right. 197 00:09:00,641 --> 00:09:03,043 Is there something wrong, sir? 198 00:09:03,110 --> 00:09:04,477 No, no, I... 199 00:09:04,544 --> 00:09:06,947 I came for the Christmas party. 200 00:09:07,014 --> 00:09:09,683 Jack invited me, but... he must have forgotten 201 00:09:09,750 --> 00:09:13,020 to tell me about this other thing, I mean... 202 00:09:13,086 --> 00:09:15,055 He'll probably be in there all day. 203 00:09:15,122 --> 00:09:17,825 Oh. 204 00:09:17,891 --> 00:09:21,061 But you're welcome to, uh, hang out here with us. 205 00:09:21,128 --> 00:09:23,096 The party's not gonna start for a while. 206 00:09:23,163 --> 00:09:24,865 VIVIAN: Yeah, look, can I 207 00:09:24,932 --> 00:09:26,299 get you something, Mr. Malone? 208 00:09:26,366 --> 00:09:27,534 Would you like a drink? 209 00:09:27,601 --> 00:09:29,369 Oh, I brought some bourbon. 210 00:09:29,436 --> 00:09:30,904 Oh... ( chuckling ) 211 00:09:30,971 --> 00:09:33,774 We'll start on straight soda. 212 00:09:33,841 --> 00:09:36,143 Have a seat, sir. 213 00:09:44,284 --> 00:09:45,485 I like your hair. 214 00:09:45,552 --> 00:09:48,221 Oh, thank you. 215 00:09:48,288 --> 00:09:50,357 I always had a thing for blondes. 216 00:09:50,423 --> 00:09:51,424 Better watch it. 217 00:09:51,491 --> 00:09:54,594 ( laughing ) 218 00:09:55,629 --> 00:09:57,731 So does Jack. 219 00:09:59,733 --> 00:10:01,702 SCOGGINS: So let's talk about Samantha Spade. 220 00:10:01,769 --> 00:10:03,136 According to her deposition, 221 00:10:03,203 --> 00:10:05,572 you began an affair with her in August, 2001. 222 00:10:05,639 --> 00:10:06,974 Is that correct? That's correct. 223 00:10:07,040 --> 00:10:10,010 -How long did that go on for? -Five months. 224 00:10:10,077 --> 00:10:12,445 During this affair, did you work your typical 50 225 00:10:12,512 --> 00:10:14,247 60 hours a week? Yes. 226 00:10:14,314 --> 00:10:16,684 You were sleeping with Ms. Spade on the job 227 00:10:16,750 --> 00:10:18,518 here at the office? No. 228 00:10:18,585 --> 00:10:20,654 -So you'd go back to her place. -Yes. 229 00:10:20,721 --> 00:10:22,756 -How many times a week? -Two or three. 230 00:10:22,823 --> 00:10:23,824 Quickies? 231 00:10:23,891 --> 00:10:25,258 He's not going to answer that. 232 00:10:25,325 --> 00:10:27,294 SCOGGINS: Would you stay at her place? 233 00:10:27,360 --> 00:10:28,528 Occasionally. 234 00:10:28,595 --> 00:10:30,563 How did you keep that from your wife? 235 00:10:30,630 --> 00:10:32,632 -Told her I was working. -She believed that? 236 00:10:32,700 --> 00:10:33,701 Yes. 237 00:10:33,767 --> 00:10:35,535 She was used to you working late? 238 00:10:35,602 --> 00:10:36,770 You'd have to ask her. 239 00:10:36,837 --> 00:10:38,939 So if you were staying out late 240 00:10:39,006 --> 00:10:41,842 or not coming home at all, I would imagine that this 241 00:10:41,909 --> 00:10:43,610 fling with Ms. Spade kept you 242 00:10:43,677 --> 00:10:44,845 from seeing your daughters. 243 00:10:44,912 --> 00:10:46,780 I ended the affair with Ms. Spade 244 00:10:46,847 --> 00:10:50,117 because I felt it was hurting my family. 245 00:10:50,183 --> 00:10:53,086 Your family. Of course, right. 246 00:10:56,056 --> 00:10:59,592 ( rainfall slowly fades in ) 247 00:10:59,659 --> 00:11:04,564 JACK: I'm looking for a small town in Wisconsin. 248 00:11:04,631 --> 00:11:06,900 Seven letters, starts with a "B." 249 00:11:06,967 --> 00:11:11,571 Mm. Okay, let's see. 250 00:11:11,638 --> 00:11:13,640 Um... 251 00:11:13,707 --> 00:11:15,375 Bayside. 252 00:11:15,442 --> 00:11:17,010 Mm-hmm. 253 00:11:17,077 --> 00:11:18,645 Baldwin. 254 00:11:18,712 --> 00:11:21,648 Mm-hmm. 255 00:11:21,715 --> 00:11:23,150 Baraboo. 256 00:11:23,216 --> 00:11:24,351 Baraboo? 257 00:11:24,417 --> 00:11:27,087 Yeah. It's the home of the Circus World Museum. 258 00:11:27,154 --> 00:11:28,521 Get out. You've been there? 259 00:11:28,588 --> 00:11:30,057 Yeah. When? 260 00:11:30,123 --> 00:11:32,860 Class trip. Eighth grade. 261 00:11:32,926 --> 00:11:35,528 Snuck off with Stephanie Lowe to smoke pot. 262 00:11:35,595 --> 00:11:37,197 Almost got left behind. 263 00:11:37,264 --> 00:11:40,033 Can you imagine being stuck in a place called Baraboo? 264 00:11:40,100 --> 00:11:41,168 Uh-uh. 265 00:11:41,234 --> 00:11:43,837 What's more incredible is that it fits. 266 00:11:50,477 --> 00:11:52,946 What are we doing, Jack? 267 00:11:53,013 --> 00:11:55,215 We're laying on your bed, listening to the rain, 268 00:11:55,282 --> 00:11:57,184 doing a crossword puzzle. It's nice. 269 00:11:57,250 --> 00:11:58,786 Come on. 270 00:12:01,654 --> 00:12:04,191 ( sighs ) 271 00:12:12,399 --> 00:12:14,301 I don't know. 272 00:12:27,881 --> 00:12:28,949 You okay? 273 00:12:29,016 --> 00:12:30,984 You seem a bit out of it today. 274 00:12:31,051 --> 00:12:32,419 ( thunder rumbling ) 275 00:12:32,485 --> 00:12:33,586 Honestly? 276 00:12:33,653 --> 00:12:35,923 Yeah. 277 00:12:39,292 --> 00:12:42,262 I... 278 00:12:42,329 --> 00:12:45,332 I kind of feel responsible for what's going on with Jack. 279 00:12:46,299 --> 00:12:48,468 Right. 280 00:12:48,535 --> 00:12:49,837 I'm sorry. 281 00:12:49,903 --> 00:12:53,340 No. I'm glad you told me. 282 00:12:54,541 --> 00:12:55,542 Yeah? 283 00:12:55,608 --> 00:12:57,477 Yeah. 284 00:13:00,413 --> 00:13:03,250 Okay. I got to get back to the tree. 285 00:13:03,316 --> 00:13:04,784 Okay. 286 00:13:08,688 --> 00:13:11,658 SCOGGINS: Are you thinking of going back to dating Ms. Spade? 287 00:13:11,724 --> 00:13:13,093 -No. -Why not? 288 00:13:15,628 --> 00:13:16,964 It's in the past. 289 00:13:17,030 --> 00:13:19,099 -Are you dating anyone else? -No. 290 00:13:19,166 --> 00:13:21,534 Do you think you'll be dating in the future? 291 00:13:21,601 --> 00:13:23,170 I would assume so, yes. 292 00:13:23,236 --> 00:13:24,671 And continuing this 60-hour work week...? 293 00:13:24,737 --> 00:13:27,140 I just wanna address this whole work issue thing. 294 00:13:27,207 --> 00:13:30,410 My wife's a full partner in a law firm. She works full time. 295 00:13:30,477 --> 00:13:32,445 Her work habits will be her deposition's subject. 296 00:13:32,512 --> 00:13:34,882 Right now we're talking about you and you haven't 297 00:13:34,948 --> 00:13:36,183 answered the question. 298 00:13:38,151 --> 00:13:42,189 I will modify my hours. I will hire a full-time nanny. 299 00:13:42,255 --> 00:13:44,657 I'll do anything to make sure that my girls 300 00:13:44,724 --> 00:13:45,926 are taken care of. 301 00:13:45,993 --> 00:13:48,962 They will become my number one priority. 302 00:13:49,029 --> 00:13:51,764 Are you saying that they haven't always been in the past? 303 00:13:51,831 --> 00:13:54,601 They have always been the most important thing in my life. 304 00:13:54,667 --> 00:13:56,669 You believe your past actions demonstrate that? 305 00:13:56,736 --> 00:13:58,238 The way you present them, no. 306 00:13:58,305 --> 00:14:01,074 I'm trying to understand if your past actions are an indication 307 00:14:01,141 --> 00:14:02,910 of what's gonna happen in the future. 308 00:14:02,976 --> 00:14:04,945 My client's answered this a number of ways. 309 00:14:05,012 --> 00:14:06,446 Let's move on. Wait a minute. 310 00:14:06,513 --> 00:14:08,481 Is this the colleague that we're waiting on? 311 00:14:08,548 --> 00:14:11,118 We're off the record. What kind of stunt is this? 312 00:14:11,184 --> 00:14:12,953 I have every right to be here. 313 00:14:13,020 --> 00:14:14,587 Your attorney is obligated to inform 314 00:14:14,654 --> 00:14:15,989 that you're gonna be here. 315 00:14:16,056 --> 00:14:18,625 My flight was delayed. We didn't know if I'd make it. 316 00:14:18,691 --> 00:14:21,528 Maybe my client gets a migraine and we do this later. 317 00:14:21,594 --> 00:14:23,796 I apologize if we've ruffled any feathers here. 318 00:14:23,863 --> 00:14:25,265 It's within your right to adjourn. 319 00:14:25,332 --> 00:14:28,268 Maybe we should adjourn... I want to finish this now. 320 00:14:32,605 --> 00:14:33,907 Good. 321 00:14:37,010 --> 00:14:38,278 We're back on the record. 322 00:14:38,345 --> 00:14:40,247 Have it be noted that Maria Malone 323 00:14:40,313 --> 00:14:42,549 has now joined the proceedings. 324 00:14:47,520 --> 00:14:49,556 SCOGGINS: In April of 2003 you were working 325 00:14:49,622 --> 00:14:51,491 on a case that involved the disappearance 326 00:14:51,558 --> 00:14:53,793 of an investigative reporter-- Delia Rivers. 327 00:14:53,860 --> 00:14:54,928 Yes, I was. 328 00:14:54,995 --> 00:14:55,996 What was the conclusion? 329 00:14:56,063 --> 00:14:57,430 She was murdered. By whom? 330 00:14:57,497 --> 00:14:58,898 Freddy Katan. 331 00:14:58,966 --> 00:15:03,403 And during that case, did Mr. Katan threaten your family? 332 00:15:03,470 --> 00:15:04,504 Yes, he did. 333 00:15:04,571 --> 00:15:06,506 How so? 334 00:15:06,573 --> 00:15:08,008 One of Mr. Katan's men 335 00:15:08,075 --> 00:15:11,278 confronted my wife and daughters outside their school. 336 00:15:11,344 --> 00:15:12,912 Were your children affected by this? 337 00:15:12,980 --> 00:15:14,314 Hanna had some nightmares. 338 00:15:14,381 --> 00:15:16,549 Let me ask you-- if you get sole custody 339 00:15:16,616 --> 00:15:20,053 of Hanna and Kate, how could you be sure it won't happen again? 340 00:15:20,120 --> 00:15:21,488 I can't be. 341 00:15:21,554 --> 00:15:24,958 Any more than you can be you won't be hit by a bus 342 00:15:25,025 --> 00:15:26,326 You're not concerned about it? 343 00:15:26,393 --> 00:15:28,561 About you being hit by a bus? Not really. 344 00:15:28,628 --> 00:15:31,864 No. About endangering your family. 345 00:15:31,931 --> 00:15:33,566 Yes, of course I am. 346 00:15:33,633 --> 00:15:35,802 You'd rather your children live with you here 347 00:15:35,868 --> 00:15:37,037 than their mother in Chicago? 348 00:15:37,104 --> 00:15:38,905 I'd rather that my wife and children 349 00:15:38,972 --> 00:15:40,640 lived in New York City. Right. 350 00:15:40,707 --> 00:15:41,674 You doubt that? 351 00:15:41,741 --> 00:15:42,909 I think it's very convenient 352 00:15:42,976 --> 00:15:44,377 for you to say that now. 353 00:15:44,444 --> 00:15:46,213 You left without giving me an explanation. 354 00:15:46,279 --> 00:15:48,248 I did explain. You just didn't hear it. 355 00:15:48,315 --> 00:15:50,283 I don't think you explained it very clearly. 356 00:15:50,350 --> 00:15:52,119 SCOGGINS: In addition to the physical risks 357 00:15:52,185 --> 00:15:54,954 of being in the FBI, is it 358 00:15:55,022 --> 00:15:57,490 emotionally demanding, as well? 359 00:16:01,228 --> 00:16:02,229 Hi. 360 00:16:02,295 --> 00:16:03,530 Hi. 361 00:16:08,868 --> 00:16:09,902 You have children? 362 00:16:09,969 --> 00:16:12,505 A son. 363 00:16:12,572 --> 00:16:15,775 You know, I would never fight the way Jack is... 364 00:16:15,842 --> 00:16:19,146 you know, for the kids. 365 00:16:19,212 --> 00:16:20,513 Maybe that's what he's doing-- 366 00:16:20,580 --> 00:16:22,615 trying to prove he's not his old man. 367 00:16:22,682 --> 00:16:26,286 No. You know, he just really loves those girls. 368 00:16:26,353 --> 00:16:29,222 Yeah. He's a good father. 369 00:16:29,289 --> 00:16:32,492 You know, I'm sure he'd really be happy to hear you say that. 370 00:16:32,559 --> 00:16:36,029 Yeah, I was never around much when he was growing up. 371 00:16:36,096 --> 00:16:37,130 Army, you know. 372 00:16:37,197 --> 00:16:38,965 It's a tough job. 373 00:16:39,032 --> 00:16:40,567 Yeah, but so is this. 374 00:16:40,633 --> 00:16:43,203 Yeah, well, especially when you take 375 00:16:43,270 --> 00:16:46,639 everything to heart. 376 00:16:46,706 --> 00:16:49,176 -You mean Jack. -Yeah. 377 00:16:49,242 --> 00:16:51,611 Well, I wouldn't know. He never talks about it. 378 00:16:51,678 --> 00:16:52,945 Well, that's what I mean. 379 00:16:53,012 --> 00:16:54,647 He keeps everything inside. 380 00:16:54,714 --> 00:16:57,917 Well, he'd talk with his mother, but not with me. 381 00:16:57,984 --> 00:16:59,386 I never could 382 00:16:59,452 --> 00:17:02,522 figure out what was going on inside that head of his. 383 00:17:02,589 --> 00:17:03,790 I mean... 384 00:17:06,659 --> 00:17:09,229 Of all the cases you've worked on, which one was 385 00:17:09,296 --> 00:17:10,797 the most difficult emotionally? 386 00:17:10,863 --> 00:17:11,931 I don't know. 387 00:17:11,998 --> 00:17:13,500 Because there's been so many? 388 00:17:13,566 --> 00:17:16,769 Because I've worked on Missing Persons for 12 years. 389 00:17:16,836 --> 00:17:18,405 How about the Eddie Deaver kidnapping. 390 00:17:18,471 --> 00:17:19,839 Was that a difficult case? 391 00:17:19,906 --> 00:17:21,874 Yes. Why is that? 392 00:17:21,941 --> 00:17:23,543 Because the man who took him 393 00:17:23,610 --> 00:17:27,380 was a serial killer who preyed on young children. 394 00:17:27,447 --> 00:17:29,048 Graham Spaulding. Yes. 395 00:17:29,116 --> 00:17:31,751 Did that case affect you? Not particularly. 396 00:17:31,818 --> 00:17:36,055 Do you remember your daughter Kate's seventh birthday? 397 00:17:36,123 --> 00:17:37,490 Yes. 398 00:17:37,557 --> 00:17:39,926 Did anything out of the ordinary happen that day? 399 00:17:39,992 --> 00:17:41,261 Not really. 400 00:17:41,328 --> 00:17:43,530 Like, did something break? 401 00:17:48,968 --> 00:17:51,104 A camcorder. 402 00:17:51,171 --> 00:17:52,439 Oh. 403 00:17:52,505 --> 00:17:54,307 How'd that happen? I think you know. 404 00:17:54,374 --> 00:17:56,143 I'd like to hear your version. 405 00:17:56,209 --> 00:17:58,678 Okay, sure. 406 00:18:00,680 --> 00:18:02,749 Whoa, there you go! 407 00:18:03,916 --> 00:18:05,652 The magician was a great idea. 408 00:18:05,718 --> 00:18:07,520 Can you believe what this guy does 409 00:18:07,587 --> 00:18:08,988 with balloons? It's incredible. 410 00:18:09,055 --> 00:18:10,223 Can you believe Kate's seven? 411 00:18:10,290 --> 00:18:11,691 I know, it goes fast. 412 00:18:16,663 --> 00:18:18,064 Where's Hanna? 413 00:18:18,131 --> 00:18:20,167 MARIA: Hmm? 414 00:18:22,101 --> 00:18:23,570 JACK: Hanna! 415 00:18:23,636 --> 00:18:24,904 Hanna! Jack! 416 00:18:24,971 --> 00:18:26,239 Jack! 417 00:18:26,306 --> 00:18:28,275 What are you doing to my daughter?! Dad?! 418 00:18:28,341 --> 00:18:29,442 What are you doing? 419 00:18:29,509 --> 00:18:31,211 What the hell are you doing? 420 00:18:31,278 --> 00:18:32,245 Stop! Stop! 421 00:18:32,312 --> 00:18:34,747 What are you doing? It's Tom! 422 00:18:34,814 --> 00:18:35,915 Alice's father. 423 00:18:35,982 --> 00:18:37,784 We met at the school. 424 00:18:37,850 --> 00:18:40,387 I'm sorry. 425 00:18:40,453 --> 00:18:42,222 Are you all right? I'm okay. 426 00:18:44,123 --> 00:18:46,659 What's the matter with you? 427 00:18:53,266 --> 00:18:54,634 That wasn't funny at the time 428 00:18:54,701 --> 00:18:56,669 but Tom and I laugh about it now. 429 00:18:56,736 --> 00:18:58,305 SCOGGINS: According to court records, 430 00:18:58,371 --> 00:19:00,307 you arrested Graham Spaulding on September 24. 431 00:19:00,373 --> 00:19:01,741 Now, when is Kate's birthday? 432 00:19:01,808 --> 00:19:03,075 September 27. 433 00:19:03,142 --> 00:19:04,644 That's three days earlier. 434 00:19:04,711 --> 00:19:06,879 Do you think there was any correlation at all 435 00:19:06,946 --> 00:19:09,516 between the behavior you had in the park that day 436 00:19:09,582 --> 00:19:12,719 and the stress you had from the case? 437 00:19:12,785 --> 00:19:14,521 I don't know. 438 00:19:14,587 --> 00:19:18,425 Mr. Malone, have you ever attempted suicide? 439 00:19:18,491 --> 00:19:20,460 I'm going to object to that as inflammatory. 440 00:19:20,527 --> 00:19:22,529 Noted. Can you answer the question, please? 441 00:19:26,699 --> 00:19:27,700 No. 442 00:19:27,767 --> 00:19:28,768 Never? 443 00:19:28,835 --> 00:19:30,136 Never. 444 00:19:30,203 --> 00:19:31,771 I have an old police report here 445 00:19:31,838 --> 00:19:34,274 that says John Michael Malone, that's you-- 446 00:19:34,341 --> 00:19:35,908 ran his car into a telephone pole. 447 00:19:35,975 --> 00:19:38,645 So what? So was that not an attempted suicide? 448 00:19:38,711 --> 00:19:40,112 He's not gonna answer that, 449 00:19:40,179 --> 00:19:41,581 and we'll take a recess. 450 00:19:41,648 --> 00:19:42,749 Jack. 451 00:19:51,491 --> 00:19:53,125 What the hell's he talking about? 452 00:19:53,192 --> 00:19:54,761 I can't believe she did that. 453 00:19:54,827 --> 00:19:55,795 Is it true? 454 00:19:55,862 --> 00:19:57,464 What? No. 455 00:19:57,530 --> 00:19:58,698 When was this accident? 456 00:19:58,765 --> 00:19:59,732 20 years ago. 457 00:19:59,799 --> 00:20:01,368 It was nothing. It was ridiculous. 458 00:20:01,434 --> 00:20:04,003 Why is he going there? What's Maria got on you? 459 00:20:04,070 --> 00:20:06,539 ( sighs ) 460 00:20:06,606 --> 00:20:08,675 My mother killed herself. 461 00:20:13,546 --> 00:20:16,583 Well, this is a perfectly legitimate line of questioning. 462 00:20:16,649 --> 00:20:19,652 If he proves there's a history of mental illness in your family 463 00:20:19,719 --> 00:20:22,289 There's not a history of mental illness in my family. 464 00:20:22,355 --> 00:20:25,392 Jack... you got to level with me. 465 00:20:25,458 --> 00:20:27,660 Did you try to kill yourself? 466 00:20:29,095 --> 00:20:31,130 No. 467 00:20:31,197 --> 00:20:32,632 All right. 468 00:20:32,699 --> 00:20:35,668 Let him run all the way down the road with it. 469 00:20:35,735 --> 00:20:36,769 What for? 470 00:20:36,836 --> 00:20:38,971 If its a specious claim, it's harassment. 471 00:20:39,038 --> 00:20:41,173 We can use it against him. 472 00:20:41,240 --> 00:20:43,743 It is specious, isn't it? 473 00:20:44,844 --> 00:20:46,546 Yeah. 474 00:20:46,613 --> 00:20:49,416 All right, let's go for it. 475 00:20:52,619 --> 00:20:54,287 SCOGGINS: We're back on the record. 476 00:20:54,354 --> 00:20:55,622 Mr. Malone, 477 00:20:55,688 --> 00:20:57,056 when did you join the army? 478 00:20:57,123 --> 00:20:59,125 Thought we're talking about this car accident. 479 00:20:59,191 --> 00:21:00,226 I'm on my way. 480 00:21:00,293 --> 00:21:02,595 Well, make it snappy. 481 00:21:02,662 --> 00:21:04,230 When did you join the army? 482 00:21:04,297 --> 00:21:07,934 When I was 18. And how long did you serve? 483 00:21:08,000 --> 00:21:10,169 Six years. Did you like it? 484 00:21:10,236 --> 00:21:11,804 Not particularly. Then why'd you join 485 00:21:11,871 --> 00:21:12,839 in the first place? 486 00:21:12,905 --> 00:21:14,006 Family business. 487 00:21:14,073 --> 00:21:15,942 So your father wanted you to go? 488 00:21:16,008 --> 00:21:17,243 More or less. 489 00:21:17,310 --> 00:21:18,745 Was he disappointed when you left? 490 00:21:18,811 --> 00:21:22,315 Yes, he may have been a little disappointed. 491 00:21:22,382 --> 00:21:24,016 And when you got this discharge, 492 00:21:24,083 --> 00:21:25,485 what were you moving on to? 493 00:21:25,552 --> 00:21:26,786 I went to college. 494 00:21:26,853 --> 00:21:28,421 That wasn't for another year, right? 495 00:21:28,488 --> 00:21:29,856 I mean, what did you do 496 00:21:29,922 --> 00:21:31,891 immediately after you left the army? 497 00:21:31,958 --> 00:21:33,893 I moved home. 498 00:21:33,960 --> 00:21:36,062 Where you grew up. Yeah. 499 00:21:36,128 --> 00:21:37,697 Why? The rent was cheap. 500 00:21:37,764 --> 00:21:40,266 Well, did you work during that period? No. 501 00:21:40,333 --> 00:21:42,268 Well, did you travel? No. 502 00:21:42,335 --> 00:21:43,302 Take classes? No. 503 00:21:43,370 --> 00:21:44,371 Date any girls? No. 504 00:21:44,437 --> 00:21:45,838 What did you do? 505 00:21:47,407 --> 00:21:49,709 I watched TV. 506 00:21:51,043 --> 00:21:52,612 Where was your father? 507 00:21:52,679 --> 00:21:53,813 Germany. 508 00:21:53,880 --> 00:21:56,182 So you were in that house all alone? 509 00:21:56,248 --> 00:21:57,517 Yes. 510 00:21:57,584 --> 00:21:59,151 Where your mother had killed herself 511 00:21:59,218 --> 00:22:00,319 ten years earlier. 512 00:22:00,387 --> 00:22:02,422 That's right. 513 00:22:02,489 --> 00:22:04,256 You leave your army post in Virginia, 514 00:22:04,323 --> 00:22:06,493 you go all the way back up to Pittsburgh 515 00:22:06,559 --> 00:22:08,428 to sit around your parents' house 516 00:22:08,495 --> 00:22:09,696 for a year? 517 00:22:09,762 --> 00:22:11,831 Yep. 518 00:22:11,898 --> 00:22:13,866 Sounds to me like you were depressed. 519 00:22:13,933 --> 00:22:15,635 Does it really? 520 00:22:15,702 --> 00:22:16,669 Yeah. 521 00:22:18,371 --> 00:22:20,840 Tell me about this car accident. 522 00:22:24,644 --> 00:22:26,312 I fell asleep at the wheel. 523 00:22:26,379 --> 00:22:27,647 Really? 524 00:22:27,714 --> 00:22:29,315 Really. 525 00:22:29,382 --> 00:22:31,418 'Cause according to the police reports, 526 00:22:31,484 --> 00:22:33,853 it says it happened at 4:00 p.m. 527 00:22:33,920 --> 00:22:35,755 So? 528 00:22:35,822 --> 00:22:37,657 Were you drinking? No. 529 00:22:37,724 --> 00:22:40,493 You're telling me, 25 years old, and you fall asleep 530 00:22:40,560 --> 00:22:42,194 at 4:00 in the afternoon? 531 00:22:42,261 --> 00:22:43,463 Asked and answered. 532 00:22:43,530 --> 00:22:46,132 ( sighs ) 533 00:22:46,198 --> 00:22:47,567 You were on a straight road, 534 00:22:47,634 --> 00:22:49,469 it's not raining, it's not snowing, 535 00:22:49,536 --> 00:22:51,103 there's nothing wrong with your car, 536 00:22:51,170 --> 00:22:52,605 broad daylight, 537 00:22:52,672 --> 00:22:54,941 and you ram head-on into a telephone pole? 538 00:22:55,007 --> 00:22:58,611 I told you, I fell asleep at the wheel. 539 00:22:58,678 --> 00:23:00,246 Yes. Yes, you did tell me that. 540 00:23:00,312 --> 00:23:03,082 But did you not also tell your wife years later 541 00:23:03,149 --> 00:23:06,453 that you purposely plowed that car into a pole? 542 00:23:12,224 --> 00:23:13,493 No. 543 00:23:13,560 --> 00:23:15,728 I'd like to remind you 544 00:23:15,795 --> 00:23:18,130 that you took an oath, 545 00:23:18,197 --> 00:23:19,966 that you're under penalty of perjury. 546 00:23:20,032 --> 00:23:21,801 Well, unless she had a tape recorder 547 00:23:21,868 --> 00:23:24,036 in the room at the time, you'll have 548 00:23:24,103 --> 00:23:25,672 a really hard time proving it. 549 00:23:28,074 --> 00:23:29,442 What's the matter? 550 00:23:29,509 --> 00:23:32,479 Can't stand the smell of burning flesh? 551 00:23:32,545 --> 00:23:34,681 You know, we reap what we sow, Jack. 552 00:23:34,747 --> 00:23:36,949 Yeah, we sure do. 553 00:23:40,119 --> 00:23:42,321 Note that Mrs. Malone has left the room. 554 00:23:42,388 --> 00:23:44,957 Do you have anything other than conjecture and hearsay? 555 00:23:47,894 --> 00:23:49,529 Let's move on. 556 00:23:54,601 --> 00:23:57,003 ( sighs ) 557 00:24:04,511 --> 00:24:06,546 Hi. 558 00:24:08,347 --> 00:24:10,216 Hello. 559 00:24:13,486 --> 00:24:15,187 ( clears throat softly ) 560 00:24:26,799 --> 00:24:30,136 Look, I know this is... 561 00:24:30,202 --> 00:24:33,472 I know you probably don't care... 562 00:24:33,540 --> 00:24:36,976 but for what it's worth, I... 563 00:24:37,043 --> 00:24:38,978 I really am sorry. 564 00:24:41,413 --> 00:24:43,349 ( quietly ): Yeah. 565 00:24:43,415 --> 00:24:46,152 You're right. 566 00:24:46,218 --> 00:24:48,621 That's not worth much. 567 00:25:01,400 --> 00:25:03,736 ( indistinct chatter ) 568 00:25:08,440 --> 00:25:10,442 How you doing, Mr. Malone? 569 00:25:10,509 --> 00:25:11,510 Waiting for you, sweetheart. 570 00:25:11,578 --> 00:25:14,814 Mm. Here you go. Thanks. 571 00:25:18,317 --> 00:25:19,351 ( sighs ) 572 00:25:19,418 --> 00:25:20,687 A masterpiece. 573 00:25:23,455 --> 00:25:24,557 Okay, where's the snow? 574 00:25:24,624 --> 00:25:26,192 They said it was gonna snow today. 575 00:25:26,258 --> 00:25:29,395 VIVIAN: Yeah, it would be nice. 576 00:25:29,461 --> 00:25:31,530 I'm worried about Jack. 577 00:25:33,299 --> 00:25:34,533 Mr. Malone, 578 00:25:34,601 --> 00:25:36,368 these depositions always take a long time. 579 00:25:36,435 --> 00:25:38,004 I-I'm sure they'll be done soon. 580 00:25:38,070 --> 00:25:41,741 I was away so long. 581 00:25:41,808 --> 00:25:44,811 He's off in his own world all the time, 582 00:25:44,877 --> 00:25:48,514 especially since his mother died. 583 00:25:48,581 --> 00:25:51,584 He blames me for it. 584 00:25:51,651 --> 00:25:54,854 He was there, I wasn't. 585 00:25:54,921 --> 00:25:58,591 I don't know what he wants from me. 586 00:25:58,658 --> 00:26:00,893 I did what I could. 587 00:26:09,168 --> 00:26:12,171 Maybe the army'll do him some good. 588 00:26:13,505 --> 00:26:16,676 Yeah. Maybe. 589 00:26:16,743 --> 00:26:19,245 Yeah, maybe. 590 00:26:19,311 --> 00:26:21,447 SCOGGINS: You have a master's degree 591 00:26:21,513 --> 00:26:23,115 in psychology, don't you? 592 00:26:23,182 --> 00:26:24,283 Yes, I do. 593 00:26:24,350 --> 00:26:25,618 And how did your... 594 00:26:25,685 --> 00:26:27,453 interest develop in psychology? 595 00:26:27,519 --> 00:26:28,888 I took some courses in college. 596 00:26:28,955 --> 00:26:31,123 Did it have anything to do with your mother? 597 00:26:31,190 --> 00:26:34,160 It's possible. You were trying to... 598 00:26:34,226 --> 00:26:36,896 figure her out. 599 00:26:42,601 --> 00:26:44,804 Mr. Malone? 600 00:26:44,871 --> 00:26:48,040 What was your question, that you wanted to, uh... 601 00:26:48,107 --> 00:26:52,979 find out what I thought was wrong with my mother? 602 00:26:53,045 --> 00:26:54,380 ( Jack clears throat ) 603 00:26:54,446 --> 00:26:55,748 That's right. 604 00:26:58,017 --> 00:27:01,487 I think she may have suffered from some kind of... 605 00:27:01,553 --> 00:27:03,890 bipolar disorder. 606 00:27:03,956 --> 00:27:07,293 Wow. Was that difficult to deal with as a child? 607 00:27:07,359 --> 00:27:10,162 What does this have to do with anything? 608 00:27:10,229 --> 00:27:11,998 SCOGGINS: Well, I don't think you need 609 00:27:12,064 --> 00:27:13,632 a degree in psychology to know 610 00:27:13,700 --> 00:27:15,367 that your relationship with your mother 611 00:27:15,434 --> 00:27:19,171 has an affect on the kind of parent you are now. 612 00:27:23,642 --> 00:27:26,278 What was the question again? 613 00:27:26,345 --> 00:27:28,514 Was it difficult growing up with your mother, 614 00:27:28,580 --> 00:27:29,615 with her disorder? 615 00:27:29,682 --> 00:27:31,117 I didn't know any different. 616 00:27:31,183 --> 00:27:32,752 That wasn't the question I asked. 617 00:27:32,819 --> 00:27:37,656 Yes, at times, it was difficult. 618 00:27:37,724 --> 00:27:38,691 ( inhales ) 619 00:27:38,758 --> 00:27:39,926 Were you close with her? 620 00:27:39,992 --> 00:27:41,928 Yes, I was. You loved her? 621 00:27:41,994 --> 00:27:44,530 Yes. Wanted to make her happy. 622 00:27:44,596 --> 00:27:46,565 I did. And what was her relationship 623 00:27:46,632 --> 00:27:47,700 with your father? 624 00:27:47,767 --> 00:27:49,736 They fought a lot. I thought you said 625 00:27:49,802 --> 00:27:50,970 he wasn't around much. 626 00:27:51,037 --> 00:27:52,404 When he was around, they'd fight. 627 00:27:52,471 --> 00:27:56,075 And at those times, she would turn to you. Yes. 628 00:27:56,142 --> 00:27:59,946 So would you say you were her confidante? 629 00:28:00,012 --> 00:28:02,414 Yes, I would. And would she sometimes ask you 630 00:28:02,481 --> 00:28:04,150 to keep things from your father? 631 00:28:07,353 --> 00:28:08,721 Like what? 632 00:28:08,788 --> 00:28:10,422 Like... 633 00:28:10,489 --> 00:28:12,258 ( quietly ): secrets. 634 00:28:15,027 --> 00:28:17,629 I think you're gonna have to spell it out 635 00:28:17,696 --> 00:28:20,399 a little more clearly for me. 636 00:28:22,701 --> 00:28:24,203 ( sighs ) 637 00:28:24,270 --> 00:28:27,874 The first time your mother tried to kill herself, 638 00:28:27,940 --> 00:28:29,308 you were there. 639 00:28:33,379 --> 00:28:36,215 Yes. What happened? 640 00:28:36,282 --> 00:28:38,885 She tried to gas herself in a car. 641 00:28:38,951 --> 00:28:40,552 But she was unsuccessful. 642 00:28:40,619 --> 00:28:42,221 I interrupted her. 643 00:28:42,288 --> 00:28:43,489 Mr. Malone, 644 00:28:43,555 --> 00:28:46,258 late that night, did she come to your room 645 00:28:46,325 --> 00:28:51,297 and ask you to do something for her? 646 00:29:15,387 --> 00:29:17,790 Take those off, honey. 647 00:29:23,429 --> 00:29:24,196 ( soft laugh ) 648 00:29:24,263 --> 00:29:26,032 I don't know what got into me. 649 00:29:26,098 --> 00:29:28,868 What's that supposed to mean? 650 00:29:31,203 --> 00:29:32,504 I'm sorry. 651 00:29:32,571 --> 00:29:34,273 What are you apologizing for? 652 00:29:34,340 --> 00:29:36,375 You didn't do anything to me. 653 00:29:42,581 --> 00:29:45,151 Have you ever tried that before? 654 00:29:45,217 --> 00:29:48,087 Oh, no, no. 655 00:29:48,154 --> 00:29:51,423 I won't ever again, I-I promise. 656 00:29:51,490 --> 00:29:53,960 I don't understand what happens to you. 657 00:29:54,026 --> 00:29:55,594 You're like one person one day... 658 00:29:55,661 --> 00:29:59,031 I know, I know, honey. Um... 659 00:29:59,098 --> 00:30:01,300 I don't know, either. 660 00:30:01,367 --> 00:30:03,369 I wish I did. 661 00:30:03,435 --> 00:30:04,837 What do the doctors say? 662 00:30:04,904 --> 00:30:06,138 ( quietly ): Doctors. 663 00:30:06,205 --> 00:30:09,441 The doctors don't know anything. 664 00:30:11,410 --> 00:30:13,445 Um... 665 00:30:17,016 --> 00:30:18,918 Don't tell your father, okay? 666 00:30:18,985 --> 00:30:20,219 Mom... Please, please. 667 00:30:22,621 --> 00:30:24,523 You know how he is. 668 00:30:29,561 --> 00:30:31,063 I promise. 669 00:30:32,698 --> 00:30:35,834 I'm not going anywhere, okay? 670 00:30:38,604 --> 00:30:40,472 Okay. 671 00:30:50,349 --> 00:30:52,184 SCOGGINS: I'm gonna ask you... 672 00:30:52,251 --> 00:30:55,021 again, Mr. Malone. 673 00:30:55,087 --> 00:30:58,357 That night, did she go to your room 674 00:30:58,424 --> 00:31:01,127 and ask you to do something for her? 675 00:31:01,193 --> 00:31:03,295 MALONE: She asked me not to say anything. 676 00:31:03,362 --> 00:31:06,498 To your father. That's right. 677 00:31:06,565 --> 00:31:09,235 And did you say anything to your father? 678 00:31:09,301 --> 00:31:12,038 No. 679 00:31:12,104 --> 00:31:14,506 And she killed herself three months later. 680 00:31:14,573 --> 00:31:15,674 That's right. 681 00:31:15,741 --> 00:31:17,009 SCOGGINS: She left you. 682 00:31:19,678 --> 00:31:21,680 She was sick. Didn't she promise 683 00:31:21,747 --> 00:31:23,115 that she wouldn't do it again? 684 00:31:23,182 --> 00:31:24,951 She was sick. You were a child. 685 00:31:25,017 --> 00:31:26,919 Didn't you feel abandoned? Not really. 686 00:31:26,986 --> 00:31:28,687 Where was your father? The Philippines. 687 00:31:28,754 --> 00:31:30,522 Oh, so you were left all alone. 688 00:31:30,589 --> 00:31:32,291 I was 16 and perfectly capable 689 00:31:32,358 --> 00:31:34,826 of taking care of myself. Ten years later, 690 00:31:34,893 --> 00:31:36,462 you find yourself in the same house 691 00:31:36,528 --> 00:31:38,697 all alone again, and you're wrapping your car 692 00:31:38,764 --> 00:31:39,932 around a telephone pole. 693 00:31:39,999 --> 00:31:41,167 I mean, come on, Jack, 694 00:31:41,233 --> 00:31:43,402 let's get real-- that was a cry for help. 695 00:31:43,469 --> 00:31:45,637 But, again, no one was there, because everyone leaves 696 00:31:45,704 --> 00:31:48,074 in your life, don't they, Jack-- even your wife. 697 00:31:48,140 --> 00:31:49,708 Is there a real question in there? 698 00:31:49,775 --> 00:31:52,544 Before your wife was able to leave, you left her. 699 00:31:52,611 --> 00:31:53,579 You had an affair. 700 00:31:53,645 --> 00:31:55,014 You worked 60 hours a week. 701 00:31:55,081 --> 00:31:56,515 You were never there. 702 00:31:56,582 --> 00:31:58,550 To protect yourself from anyone leaving you again. 703 00:31:58,617 --> 00:32:00,987 You can't be close to anyone, can you, Jack? 704 00:32:01,053 --> 00:32:02,321 Because it's too scary. 705 00:32:02,388 --> 00:32:04,356 That's enough. Well, let me ask you this. 706 00:32:04,423 --> 00:32:06,792 That's enough. If you had custody of your children... 707 00:32:06,858 --> 00:32:09,428 ( both talking at once ) 708 00:32:09,495 --> 00:32:11,663 ...if you've never been there in the past? 709 00:32:11,730 --> 00:32:15,167 ( voices fade away ) 710 00:32:18,037 --> 00:32:19,538 ( no audio ) 711 00:32:22,741 --> 00:32:25,511 ( no audio ) 712 00:32:27,279 --> 00:32:31,483 JACK: Enough! Enough! That's enough! 713 00:32:54,540 --> 00:32:55,574 On the record! 714 00:32:55,641 --> 00:32:58,044 Jack Malone threw a chair through the window! 715 00:32:58,110 --> 00:32:59,278 That is not an accident! 716 00:32:59,345 --> 00:33:01,147 Now we're off the record. 717 00:33:01,213 --> 00:33:02,281 Are you happy now? 718 00:33:02,348 --> 00:33:03,515 That was total harassment. 719 00:33:03,582 --> 00:33:04,883 You get what you wanted? 720 00:33:04,950 --> 00:33:06,152 Yeah, I feel great, Jack. 721 00:33:06,218 --> 00:33:08,187 I feel great that you cheated on me. 722 00:33:08,254 --> 00:33:09,455 You came and you went 723 00:33:09,521 --> 00:33:11,090 when you wanted, a part-time husband 724 00:33:11,157 --> 00:33:12,591 and part-time father-- I feel great! 725 00:33:12,658 --> 00:33:15,227 No matter what, I would never have put you through 726 00:33:15,294 --> 00:33:17,263 what you just put me through in here. 727 00:33:17,329 --> 00:33:18,764 I'm doing it for my children. 728 00:33:18,830 --> 00:33:22,968 The only reason you're fighting now is to get back at me. 729 00:33:23,035 --> 00:33:24,470 I couldn't care less about you. 730 00:33:24,536 --> 00:33:26,938 They're my children, too, and I want them back. 731 00:33:27,005 --> 00:33:28,640 It's not about that. 732 00:33:28,707 --> 00:33:32,244 This is about you. 733 00:33:32,311 --> 00:33:34,880 You honestly think that you can be who you are 734 00:33:34,946 --> 00:33:36,882 and raise children on your own? 735 00:33:36,948 --> 00:33:39,051 Yes, I do. 736 00:33:39,118 --> 00:33:40,852 You're wrong. 737 00:33:40,919 --> 00:33:42,954 You know what? 738 00:33:43,021 --> 00:33:45,457 This whole thing is wrong. 739 00:33:50,929 --> 00:33:55,367 ( indistinct conversations ) 740 00:33:55,434 --> 00:33:57,836 ...runs down, they come after him. 741 00:33:57,903 --> 00:33:59,871 So here are Agent Spade and Johnson, 742 00:33:59,938 --> 00:34:03,209 he jumps out, jumps out the window of the house... 743 00:34:14,853 --> 00:34:16,088 Hey. 744 00:34:16,155 --> 00:34:18,090 Hey. 745 00:34:18,157 --> 00:34:20,626 I want to tell you something. 746 00:34:20,692 --> 00:34:23,295 Sure. What's up? 747 00:34:25,864 --> 00:34:28,434 I'm happy. 748 00:34:29,568 --> 00:34:32,171 Okay. 749 00:34:32,238 --> 00:34:38,610 I mean... you make me really, really happy. 750 00:34:54,393 --> 00:34:57,429 ( indistinct conversation ) 751 00:35:41,640 --> 00:35:42,708 Who's that? 752 00:35:44,443 --> 00:35:46,412 That's my father. 753 00:35:47,446 --> 00:35:48,947 What's he doing here? 754 00:35:49,014 --> 00:35:52,318 I don't know. 755 00:35:53,885 --> 00:35:56,154 You sort of lost your cool there. 756 00:35:56,222 --> 00:35:57,389 Have they gone? 757 00:35:57,456 --> 00:36:00,692 No. 758 00:36:00,759 --> 00:36:01,560 Why not? They won. 759 00:36:01,627 --> 00:36:02,794 I've asked for a redirect. 760 00:36:02,861 --> 00:36:04,830 What for? I get to question you, 761 00:36:04,896 --> 00:36:05,997 myself, rehabilitate you 762 00:36:06,064 --> 00:36:07,032 for the record. 763 00:36:07,098 --> 00:36:08,534 What's the point, Ed? 764 00:36:08,600 --> 00:36:10,001 It's important we do this now. 765 00:36:10,068 --> 00:36:12,504 Prove that you're able to control your temper 766 00:36:12,571 --> 00:36:15,541 and you can explain why you just did what you did. 767 00:36:21,079 --> 00:36:23,482 I need a couple of minutes. 768 00:36:23,549 --> 00:36:24,850 Sure. 769 00:36:48,039 --> 00:36:52,244 ( babies crying ) 770 00:36:57,115 --> 00:36:58,116 Hi. 771 00:36:58,183 --> 00:36:59,651 Hey. 772 00:36:59,718 --> 00:37:01,353 Congratulations. 773 00:37:01,420 --> 00:37:04,256 Thank you. 774 00:37:04,323 --> 00:37:05,824 Which one is she? 775 00:37:05,891 --> 00:37:07,959 The one with the nurse. 776 00:37:08,026 --> 00:37:09,661 ( laughs ) 777 00:37:09,728 --> 00:37:11,263 She's beautiful. 778 00:37:11,330 --> 00:37:12,498 Yeah, she is. 779 00:37:12,564 --> 00:37:13,932 You pick a name yet? 780 00:37:13,999 --> 00:37:15,133 ( clears throat ) 781 00:37:15,200 --> 00:37:18,937 Hanna, after your mother. 782 00:37:19,004 --> 00:37:21,239 That's nice. 783 00:37:22,941 --> 00:37:24,310 What's going on with you? 784 00:37:24,376 --> 00:37:25,844 Nothing, you know, I just, 785 00:37:25,911 --> 00:37:29,114 I never had a kid before, I don't know what to do. 786 00:37:29,180 --> 00:37:31,483 No one does. 787 00:37:31,550 --> 00:37:33,952 You do what you can. 788 00:37:34,019 --> 00:37:35,954 What if you screw it up? 789 00:37:36,021 --> 00:37:37,456 Look, we all make mistakes. 790 00:37:37,523 --> 00:37:40,859 We try to do what's best for them. 791 00:37:50,869 --> 00:37:54,673 Uh, thanks. You mind doing this later? 792 00:37:58,744 --> 00:38:00,446 FEATHER: Back on the record, please. 793 00:38:00,512 --> 00:38:01,880 It is now 6:00, 794 00:38:01,947 --> 00:38:03,114 all parties are present, 795 00:38:03,181 --> 00:38:05,751 including Jack Malone, who's just returned to the room. 796 00:38:05,817 --> 00:38:07,285 Mr. Malone, 797 00:38:07,353 --> 00:38:10,689 could you explain what happened just before we adjourned? 798 00:38:19,331 --> 00:38:20,632 Jack. 799 00:38:20,699 --> 00:38:23,902 I'd like to speak to my wife, alone. 800 00:38:23,969 --> 00:38:26,838 I don't think that's a good idea at this point. 801 00:38:26,905 --> 00:38:29,908 What are you doing, Jack? I just want to talk to her. 802 00:38:29,975 --> 00:38:31,943 I don't think it's a good idea. 803 00:38:32,010 --> 00:38:33,311 It's okay. I'm okay. 804 00:38:33,379 --> 00:38:35,614 Just let me do this, Ed. 805 00:38:56,602 --> 00:39:01,440 All those things that Scoggins talked about today... 806 00:39:03,141 --> 00:39:05,043 ...that's why you left? 807 00:39:07,646 --> 00:39:11,082 I tried to tell you myself, but... 808 00:39:11,149 --> 00:39:12,618 you wouldn't listen. 809 00:39:12,684 --> 00:39:15,587 So it was just me. 810 00:39:15,654 --> 00:39:17,022 No, I never said that. 811 00:39:17,088 --> 00:39:18,690 No, but you acted that way. 812 00:39:21,860 --> 00:39:24,896 What you did to me today was unforgivable. 813 00:39:28,199 --> 00:39:29,601 But you made your point. 814 00:39:31,870 --> 00:39:34,806 You're right. 815 00:39:34,873 --> 00:39:37,876 I'm not equipped for the job. I never was. 816 00:39:42,481 --> 00:39:45,050 The girls belong with you. 817 00:39:48,954 --> 00:39:50,088 Jack... 818 00:39:50,155 --> 00:39:51,890 Please, just... 819 00:39:53,492 --> 00:39:56,462 ...just leave. 820 00:40:18,249 --> 00:40:21,520 They still need a father. 821 00:40:21,587 --> 00:40:24,856 We just have to figure out a way to work this out. 822 00:40:38,804 --> 00:40:41,139 SAMANTHA: Oh, hey, chill on that. 823 00:40:41,206 --> 00:40:42,941 Pick it up. 824 00:40:43,008 --> 00:40:45,110 Let's see what I can get. 825 00:40:45,176 --> 00:40:47,613 Don't get another one. 826 00:40:50,516 --> 00:40:52,083 Looks like I missed the party. 827 00:40:52,150 --> 00:40:53,585 We were waiting for you. 828 00:40:56,121 --> 00:40:58,557 Deal me in. 829 00:41:00,759 --> 00:41:02,994 Five card draw. 830 00:41:10,936 --> 00:41:12,237 It's snowing. 831 00:41:12,303 --> 00:41:15,707 We were thinking about braving it and heading over to Hop Lee. 832 00:41:16,708 --> 00:41:20,011 Sounds good. 833 00:41:20,078 --> 00:41:21,680 Two. 834 00:41:32,190 --> 00:41:33,158 Hey. 835 00:41:33,224 --> 00:41:35,260 You okay? 836 00:41:35,326 --> 00:41:37,495 Oh... 837 00:41:37,563 --> 00:41:39,731 Yeah, yeah. 838 00:41:45,336 --> 00:41:48,039 Oh, what time is it? 839 00:41:48,106 --> 00:41:50,141 It's about 7:30. 840 00:41:51,342 --> 00:41:52,811 Oh... 841 00:41:56,047 --> 00:41:58,183 We're going to go get some Chinese. 842 00:41:58,249 --> 00:42:00,652 You want to come? 843 00:42:00,719 --> 00:42:02,520 ( heavy sigh ) 844 00:42:02,588 --> 00:42:04,522 Yeah, sure. 845 00:42:04,590 --> 00:42:06,658 Is there a good place nearby? 846 00:42:06,725 --> 00:42:09,460 Just around the corner. 847 00:42:09,527 --> 00:42:10,896 Good. 848 00:42:11,429 --> 00:42:12,831 Come on. 849 00:42:21,306 --> 00:42:26,778 Oh, uh, how was the deposition? Let's go. 850 00:42:26,845 --> 00:42:28,213 ["Happy Christmas" by John Lennon] 851 00:42:28,279 --> 00:42:32,718 * So this Christmas * 852 00:42:32,784 --> 00:42:37,656 * And what have you done * 853 00:42:37,723 --> 00:42:42,360 * Another year over * 854 00:42:42,427 --> 00:42:46,998 * And new one just begun * 855 00:42:47,065 --> 00:42:51,803 * And so this is Christmas * 856 00:42:51,870 --> 00:42:56,742 * I hope you have fun * 857 00:42:56,808 --> 00:43:01,613 * The near and the dear one * 858 00:43:01,680 --> 00:43:04,282 * The old and the young *