"I can't reach it!" "Aw, here." "There you go." "Aren't you gonna help us, dad?" "Yeah, I'll be there in just a minute." "Thought you said you weren't going to work on Christmas." "Well, it's not Christmas yet, is it?" "In two days." "Then we get to 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 could this hear, okay?" " You told her?" " No, Santa Claus." "Come on." "I can't believe you tell her everything." "[Maria Malone, Plaintiff Vs." "Jack Malone, Defendant]" "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 that 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, the place is a mess." "It's a pleasure." "Are you expecting someone else?" "Well, my colleagues, but we don't need to wait." "Now then, I'm sure Mr. Feather has gone over the basics with you." "I'll ask you a question, you answer the question," "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 vs. 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." "Without A Trace 3x10 So This Is Christmas" "ORIGINAL AIR DATE ON CBS: 2004/12/09" "Let's start off with a basic question." "Why do you think your children should 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, they 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 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, she 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 both did, we alternated." " Alternated?" " Yes." "Well, 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 that took place at your daughters' school" "March 13 of this year?" "You're going to 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 back from a business meeting in Boston, she got stuck at the airport, she called me, she asked me to go 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?" "Yeah, sure." "Stay with your sister for a second." "They were very worried about you." "Yes, I know I'm late." "It's, you know, occupational hazard." "They understand what you do for a living." "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." "Did you read Hanna's creative writing?" " Yes, I did." " What did it say?" "That she wanted to spend more time with her a father, a situation that I'm now trying to correct." "Well, why were you so late that day?" "Why was my wife stuck in an airport in Boston?" "I was working." "I was doing my job." "I was conducting an interview." "Was their another agent with you while you were conducting 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." "What do you think Jack's going to do if he loses?" "I don't know." "Maria's lawyer-  scumbag." " I think he's just doing his job." "No, no, no, no, no." "The things he was asking me, he was..." "The guy was just digging for dirt." "He even asked me about the Spalding 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." "Hi..." "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?" "For his divorce." "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..." "Well, he'll probably be in there all day." "But you're welcome to, uh, hang out here with us." "I mean, the party's not going to start for a while." "Yeah, look, can I get you something, Mr. Malone?" "Would you like a drink or something?" "Oh, 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 blondes." "Better watch it." "So does Jack" "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." "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 Ms. Spade on the job, here at the office?" " No." " So you'd go back to her place." " Yes." " How many times a week?" " Two or three." " Quickies?" "He's not going to answer that." "Would you stay at her place?" "Occasionally. / How did you keep that from your wife?" "I told her I was working." " And she believed that?" " Yes." "Because 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." "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'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?" "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 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." "Are you thinking of going back to dating Ms. Spade?" " No." " Why not?" "It's in the past." " 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 whole work issue thing." "My wife is a full partner in a law firm." "She works full time." "Your wife's work habits will be the subject of 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 that they haven't always been in the past?" "My girls have always been the most important thing in my life." "And you believe your past actions demonstrate that?" "Not the way you present them, no." "I'm just trying to understand if your past actions are an indication of what's going to happen in the future." "I believe my client's answered this line of questioning a number of different ways." "Let's move on." "Whoa, hang on a minute." "Is this the colleague that we're waiting on?" "We're off the record here." "What the hell kind of stunt is this?" "I have every right to be here." "You know that." "And your attorney has every obligation to inform us that you're going to be here this morning." "My flight was delayed." "We didn't know if I would make it." "Maybe my client gets a migraine, and we can do this some other time." "I certainly 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." "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 of that case?" " 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." "And were either of the children affected by this?" "Hanna had some nightmares." "Let me ask you-- if you were to get sole custody of Hanna and Kate, how could you be sure that something like that would never happen again?" "I can't be." "Any more than you can be sure you won't be hit by a bus when you walk out of here." "So 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." "But you'd rather your children live with you here, than their mother in Chicago?" "I would rather that my wife and children lived in New York city." "Right." "You doubt that?" " No, I think it's very convenient for you to say that now." "You're the one who left without giving me an explanation." "Well, I did explain, Jack." "You just didn't hear it." "I don't think you explained it very 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 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..." "Out of all the cases that 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 Eiddie(Andy) 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 at all?" "Not particularly." "Do you remember your daughter Kate's seventh birthday?" "Yes." "And did anything out of the ordinary happen that day?" "Not really." "Like, did something break?" "A camcorder." " How'd that happen?" " I think you already know." "I think I'like to hear your version." "Okay, sure." "Look at Kate." "She's having a ball." "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?" "Hanna!" " Hanna!" " Jack!" "Jack!" "What are you doing to my daughter?" "!" " What are you doing to my daughter?" "!" " What are you doing, dad?" "!" " What the hell are you doing?" " Dad!" "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." "According to court records, you arrested Graham Spaulding on Sseptember 24." " Now, when is Kate's birthday?" " September 27." "That's three days earlier." "I mean, do you think that 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." "Because I have an old police report here that says that 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 going to answer that, and we're going to 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." "All right, well, this a perfectly legitimate line of questioning." "If he can prove 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." "Well, I say we 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." "We're back on the record." "Mr. Malone, when did you join the army?" "I thought we were talking about this car accident." "I'm on my way, counselor." "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." "Well, 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." "Well, 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," "I think you're gonna have a really 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 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." " 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 deposition 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." "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." "Was that difficult to deal with as a child?" "What does this have to do with anything?" "Well, I don't think you need a degree in phychology 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 fought a lot." "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." "Don't tell your father, okay?" " 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." "And she killed herself three months later." "That's right." "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, was there, because everyone leaves in your life, don't they, Jack-  even your wife." " Is there a real question in there?" "But before your wife was able to leave, you left her." "You had an affair." "You worked 60 hours a week." "You were never there." "That way you could protect yourself from having anyone leave you again." "I mean, you can't be close to anyone, can you, Jack?" "Because it's too scary." " I think this is enough." " Well, let me ask you this." " I think this's enough." " If you had custody of your children..." "I object that. / Who's to stay themwhen you wouldn't be with them" "Who's to stay them when you wouldn'tbe with them / I object that." "Hey, hey!" "If you've never been there in the past?" "mean how can you explain it, Jack?" "I wanna know." "Enough!" "Enough!" "That's enough!" " What happened here, Jack?" " I want that on the record!" "Jack Malone threw a chair through the window!" " On the record." " This is an accident." "That is not an accident!" "Now 're off the record." "That was harassment." "Are you happy now?" "You happy 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 what I need to for my children." "My children, and 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." "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 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." "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?" "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 at this point." "What are you doing, Jack?" "I just want to talk to her." "Maria, I really 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." "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?" "Yeah, yeah." "What time is it?" "It's about 7:30." "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." "How was the deposition?" "Let's go."