WITHOUT A TRACE 1X21: ARE YOU NOW OR HAVE YOU EVER BEEN? ORIGINAL AIR DATE ON CBS: 05/01/2003 TRANSCRIBED FROM CBS Written by: ED REDLICH & HARRY LITMAN Directed by: PETER MARKLE Transcript by Intrepid Courtesy of http://webphilia.com/~anthology/wnp.html Please do not archive without permission. RATING: TV-PG-L ========================== DISCLAIMER: ========================== "WITHOUT A TRACE" and other related entities are owned, (TM) and (c) by JERRY BRUCKHEIMER Television, CBS Productions, and Warner Bros. Television (an AOL Time Warner Company). All Rights Reserved. This transcript was made without their permission, approval, authorization or endorsement. Any reproduction, duplication or distribution of this material in any form is expressly prohibited. It is absolutely forbidden to use it for commercial gain. Leave the headers/disclaimers in tact because it lists all those who have made this transcript possible for your enjoyment and provide a link back to the site where this file originated http://www.webphilia.com/~anthology/wnp.html Contact the Transcriptionist at (intrepidly002@yahoo.com) NOTE: The following names are spelled differently in this episode than in the previous episodes where the characters originally appeared: ANWAR ZAMIR (1X21) was ANWAR SAMIR (1X09) and VAN DOREN (1X21) was VAN DORAN in (1X05). Closed- captioning consistently shows them this way in each episode. They will remain as is in each file. ========================== SUMMARY: Pedophile Graham Spaulding's case (1X05: Suspect) goes to court where the defense is contesting the admissibility of the confession he made in the car. New evidence comes to light, truths unfold and it is soon apparent just how far Jack went to find Andy Deaver alive. Meanwhile, OPR visits the Missing Person's Unit and puts the pressure on the remaining members of the team under the guise of investigating the case, but the person they're really after is Jack. ========================== WITHOUT A TRACE 1X21: ARE YOU NOW OR HAVE YOU EVER BEEN? ========================== FADE IN. (Black and white flashback to: [Scene from 1X05: Suspect]) (Underneath the shade of the trees on the school grounds, a group of students gather. PHOEBE BURNELL pulls a six pack out of a paper package.) TEENAGED BOY: How'd you score that? PHOEBE BURNELL: Mike the groundskeeper. ANDY DEAVER: Mike sounds pretty cool. (The TEENAGED BOY grabs a bottle and shakes it vigorously. He turns around and laughingly hands the bottle to ANDY DEAVER. PHOEBE BURNELL hits the TEENAGED BOY on the arm.) TEENAGED BOY: You want one? (Someone laughs in the background. Out from the bushes, Headmaster, GRAHAM SPAULDING walks out into the group of kids. ANDY DEAVER sees him and stands up.) ANDY DEAVER: Mr. Spaulding! GRAHAM SPAULDING: All right, hand it over. (The TEENAGED BOY puts out the cigarette he's smoking when he sees MR. SPAULDING. PHOEBE BURNELL puts the bottles back in the carton and puts the carton back in the paper bag. She hands the bag to MR. SPAULDING.) GRAHAM SPAULDING: All right. Go back to the dorms and wait for me. (The students stand and head back. ANDY DEAVER follows. GRAHAM SPAULDING stops him.) GRAHAM SPAULDING: Andy, come here. I'd like to have a word with you. (PHOEBE BURNELL turns back slightly. She then heads on back to the dorms with the rest of the students. ANDY DEAVER remains behind. ANDY DEAVER turns to head back to the dorms. GRAHAM SPAULDING follows. He puts a hand on ANDY DEAVER'S shoulder as they slowly walk off frame.) (Blur out and Dissolve to End of flashback. Resume to present.) SCENE #01: [INT. COURT - JUDGE ADDERLY'S COURTROOM - DAY] (Camera close up of ANDY DEAVER. ROSSI, the Prosecutor, walks up to ANDY DEAVER who is on the stand in a courtroom.) ROSSI: Andy ... what did he want to talk to you about, Andy? (ANDY glances over at the defense table where GRAHAM SPAULDING sits. MARTIN and JACK are also in the courtroom.) ROSSI: Andy? (ROSSI turns to look at the defense table and sees SPAULDING watching ANDY. ANDY turns his gaze away. GRAHAM SPAULDING smiles wryly at ANDY. ROSSI sees this and deliberately moves her body to physically block ANDY'S view of GRAHAM SPAULDING.) ROSSI: (quietly) Did he want to talk to you about school? ANDY DEAVER: No. I mean, not ... I don't think so. (MARTIN turns his head and looks at GRAHAM SPAULDING who watches ANDY intently.) ROSSI: Did he ask you to go with him? LAWYER: Objection, your honor. ROSSI: Your honor, may we approach? (JUDGE ADDERLY nods his head. ROSSI and the Defense Lawyer both approach the bench.) (GRAHAM SPAULDING now has an unencumbered view of ANDY. ANDY knows this. He glances quickly at SPAULDING, then away. He keeps his gaze fixed in front of him, but knows that he's being watched.) ROSSI: (quietly) This boy was kidnapped, drugged and dragged to a cave to be sexually abused. Now, he has to face the man responsible for the first time in court. I think we deserve a little latitude. LAWYER: Your honor, to be a competent witness, Andy Deaver has to have a present recollection of the facts. His own recollection, not some fiction that Ms. Rossi has coached him to remember. JUDGE H. ADDERLY: Okay. Okay, settle down, both of you. (The JUDGE turns to look at ANDY.) JUDGE H. ADDERLY: Andy? Andy? Can you look at me, Andy? Don't worry about the attorneys or anyone else in this courtroom. You just talk to me, okay? (ANDY glances again over at GRAHAM SPAULDING, then back to the JUDGE again.) JUDGE H. ADDERLY: Andy, I want you to think back and tell me what actually happened. Put aside what anyone's told you. I want to hear what you remember, what you remember about that day. ANDY DEAVER: (shakes his head) I can't. Sorry. (voice breaking) I'm sorry. (Camera holds on JACK.) CUT TO: SCENE #02: [INT. FBI - MISSING PERSONS UNIT -- DAY] (DANNY walks out of the hallway and into the bullpen. He sees SAMANTHA. They both make their way over to the whiteboard.) DANNY: What do you know about bog turtles? SAMANTHA: Bog turtles? DANNY: Apparently, they're an endangered species. SAMANTHA: Bog turtles ... who knew? DANNY: The great state of New Jersey did. Yesterday, they sent a dozen bog turtle counters into the Wetlands South of Rutherford. But they didn't find turtles, they found her. (DANNY tucks a photo on the Whiteboard of a body found on the ground.) SAMANTHA: Who is it? DANNY: The body's been there four to six months. Medical Examiner says an I.D.'s going to be tough. Here's something you're going to find interesting. (DANNY hands SAMANTHA a different photograph.) DANNY: They found a red sweatshirt next to the body. A red New York Giants sweatshirt. SAMANTHA: Oh, my god. DANNY: You're thinking Carrie Wilkins, right? 'Cause I'm definitely thinking Carrie Wilkins. (Camera pauses briefly on the photo of something red among crime scene tape.) SAMANTHA: She went missing, what, five months ago? So the time frame makes sense. DANNY: And there's been a couple of sightings in Jersey. SAMANTHA: Press have this? DANNY: No. SAMANTHA: Okay, let's wait for a positive I.D. Before we notify the family. It's still our case. DANNY: Okay. (MARTIN walks quietly into the office. By his manner alone, he's preoccupied.) SAMANTHA: Hey! How'd it go? (MARTIN pauses at his desk, then turns around. It's written all over his face.) MARTIN: Not good. We just lost Andy Deaver as a witness. SAMANTHA: What? DANNY: How? JACK: (v.o.) The Judge says ... CUT TO: SCENE #03: [INT. FBI - VAN DOREN'S OFFICE -- DAY] JACK: ... he's not competent to testify. (JACK is in PAULA VAN DOREN'S office filling her in.) VAN DOREN: Damn! JACK: Rossi says it doesn't matter as long as we've got Spaulding's confession in the car. VAN DOREN: And we're not going to lose that, right? JACK: No. We're good. (JACK turns to head out the door. VAN DOREN stops him.) VAN DOREN: Jack! There've been some developments in the Anwar Zamir case. JACK: Oh, really? What's that? (JACK turns around and walks back into the office and stops in front of her desk.) VAN DOREN: I did my report and I gave you my conclusions. As far as I'm concerned, Dr. Zamir's death was unavoidable. JACK: But ... ? VAN DOREN: But it seems that ... uh ... Washington still has some questions about it. (pause) They want an OPR review. JACK: We're in the middle of the Spaulding trial. Can't you do ... VAN DOREN: I am doing something. I'm asking you to cooperate. JACK: You don't cooperate with the OPR. You bend over. VAN DOREN: Don't give me sarcasm, Jack. The president, right now, is looking for allies in the middle east and then we go and take out an innocent Saudi National? It is a public relations nightmare. JACK: Can't you shut this down? VAN DOREN: I'll go to the mat for you on this, but it's bigger than I am. Jack, they're after your head. (Quick black and white flashback to: [Scene from 1X09: In Extremis]) (Outside the building, JACK puts the binoculars down. He's watching what's going on inside.) ABNER HARRINGTON: (o.s.) Your call, Jack. (Cut to: Inside the building, ANWAR ZAMIR tries to get his girlfriend, LINDSEY RANDALL and MARTIN out of the building.) ANWAR ZAMIR: Both of you get out of the building! There's a bomb in the building! MARTIN: Anwar, drop the gun! (Cut to: Camera lingers on JACK outside the building.) JACK: Go ahead. (Cut to: The Sharpshooter pulls the trigger. He fires. A gunshot sounds.) (End of flashback. Resume to present.) (In VAN DOREN'S office, camera holds on JACK.) HARD CUT TO END OF TEASER ROLL TITLE CREDITS (COMMERCIAL SET) FADE IN. [EXT. NEW YORK CITY (STOCK) - DAY] SCENE #04: [INT. FBI - HALLWAY / MISSING PERSONS UNIT -- DAY] (SAMANTHA and MARTIN make their way through the hallway toward the main office bullpen. MARTIN'S holding a cup of coffee.) SAMANTHA: How can Andy not remember anything? MARTIN: It's one of the body's defense mechanisms. The brain just shuts out the trauma. SAMANTHA: Yeah, but Spaulding basically confessed to you in the car, right? I mean, he took you right to him. [BULLPEN - DAY - CONTINUOUS] MARTIN: Yeah, except now his lawyer wants to keep that out, too. SAMANTHA: Based on what? MARTIN: Spaulding's claiming that he ask for a lawyer during the drive in and that we just flat-out refused him. SAMANTHA: (automatically) That's crazy. (looks at MARTIN) It is crazy, right? MARTIN: Yes, it is. (They arrive at the conference table where the rest of the group meets.) SAMANTHA: Hey ... what's going on? (SAMANTHA sits down at the table.) JACK: Washington wants an internal review of the Anwar Zamir case. (Camera pauses on MARTIN'S reaction as he remembers the case.) JACK: Now, the OPR investigator is going to talk to each of you separately and I want you to cooperate fully. SAMANTHA: Wait a minute. If all the facts about the Zamir case are in Van Doren's report, why are they opening this up again? VIVIAN: You're assuming they're looking for facts. DANNY: Sounds to me like they're just looking for a body. JACK: Look, we answer the questions truthfully, give him what he wants and get him the hell out of here, okay? (PAULA VAN DOREN and JASON FARRELL approach the table. JACK stands up from his seat at the table and moves to the side as introductions are made.) VAN DOREN: I'd like to introduce you all to Special Agent Jason Farrell. Lead investigator, Office of Professional Responsibility. This is Agent Jack Malone. Agent Vivian ... JASON FARRELL: (interrupting) I think we can skip the introductions. I know who you all are, and I assume we'll have the chance to get to know each other even better. (FARRELL puts a folder down in the center of the table.) JASON FARRELL: I have some Advise of Rights Forms I need you to sign. That'll give you a sense of how things will work, and then I would like to begin. (DANNY reaches for the folder.) DANNY: Advise of Rights? JASON FARRELL: You have a problem with that, Agent Taylor? VIVIAN: Let me guess, we have the Right to not cooperate and you have the Right to fire us if we don't. JASON FARRELL: Okay, let me say this out front. This can be as pleasant or as unpleasant as you want it to be. I got a job to do and I'm going to do it. JASON FARRELL: Agent Fitzgerald, maybe you're ready. I'd like to begin with you. (FARRELL turns around and heads out of the office. MARTIN is a little slower to follow him.) PAULA VAN DOREN: (to everyone else) Thank you for your cooperation. (VAN DOREN leaves.) JACK: (to everyone) You heard the man. (VIVIAN stands up and moves toward JACK. They both turn to walk away from the table.) VIVIAN: You're going to go along with this guy? JACK: I have no choice. CUT TO: SCENE #05: [INT. FBI - FARRELL'S OFFICE -- DAY] (FARRELL picks up the file and moves to sit behind his desk. MARTIN sits down.) JASON FARRELL: Please, Agent Fitzgerald, have a seat. Can I get you anything? A water or something? MARTIN: I'm good, thanks. JASON FARRELL: All right. By the way, I met your dad. He's an impressive man. MARTIN: (unimpressed) Right. JASON FARRELL: Well, should we get started? CUT TO: [EXT. COURTHOUSE (STOCK) - DAY] SCENE #06: [INT. COURTHOUSE - ROSSI'S OFFICE -- DAY] (ROSSI takes a seat behind her desk. JACK also sits down.) ROSSI: Spaulding will testify that he asked you repeatedly for a lawyer in that car. JACK: Well, Spaulding is a liar. ROSSI: Good to hear. But if Judge Adderly doesn't agree, every statement Spaulding made in that car and all the evidence derived from those statements has to be suppressed. I don't think he wants to throw this out, but we have to give him some basis to reject Spaulding's claim. JACK: That shouldn't be too hard. ROSSI: Actually, Agent Malone, that's what I wanted to talk with you about. This has been one of the sloppiest cases I've ever worked. And believe me, Judge Adderly knows it. Your Agent Taylor screwed up the search warrant and the seizure of those photographs from his house was outrageous. I hope to god you and Fitzgerald didn't mess up that interrogation, because if he excludes those statements, we're done. JACK: I am telling you that Graham Spaulding did not request a lawyer in that car. ROSSI: No disrespect, but given your past with this Judge, I'd prefer if Martin was the one to testify to that. JACK: I'm fine with that. CUT TO: (Quick black and white flashback to: [Scene from 1X09: In Extremis] ) (In the lobby of the building, ANWAR ZAMIR holds a gun in one hand and is shouting for everyone to get out. MARTIN holds his gun on ANWAR ZAMIR.) ANWAR ZAMIR: (shouting) Both of you get out of the building! There's a bomb in the building! MARTIN: Anwar, drop the gun! (Cut to: Outside the building, JACK watches.) ABNER HARRINGTON: (o.s.) It's your call, Jack. (Cut to: Inside the building, ANWAR ZAMIR calms down a bit and tries to explain himself to MARTIN.) ANWAR ZAMIR: I-I didn't do anything wrong. MARTIN: I know. I know. ANWAR ZAMIR: I was just trying to get everyone out of the building. MARTIN: Come on, man, please, just lower your gun. (MARTIN slowly lowers his gun in an effort to get ANWAR ZAMIR to lower his gun. It appears to be working, until ANWAR looks at LINDSEY RANDALL and tries to convince her of his innocence again. He raises his gun and takes a step toward her. MARTIN tries to stop him.) MARTIN: (desperate) No! Don't do that! (Cut to: Camera close up of the Sharpshooter's finger over the trigger. The Sharpshooter has a clear shot of ANWAR ZAMIR and fires. The glass breaks. ANWAR ZAMIR falls to the ground.) (MARTIN turns around to look at the agents behind him.) MARTIN: (soundless) NO! JASON FARRELL: (muted) (v.o.) Agent Fitzgerald ... (White flash to End of flashback. Resume to present.) SCENE #07: [INT. FBI - FARRELL'S OFFICE -- DAY] JASON FARRELL: Agent Fitzgerald, in your professional opinion, was there any way that Anwar Zamir's death could have been avoided? MARTIN: Well, given the information that was available, uh, the fact that this man had killed before, that there was a possibility of a bomb at the residence hall, I believe that the SWAT team acted appropriately. JASON FARRELL: Clearly, yes. Once you were trapped in that lobby it was the endgame. (FARRELL sits down.) But I'm wondering if you've done any second- guessing as to why things got that far? MARTIN: I try not to second-guess. JASON FARRELL: Really? As I read the record of this case you seem to be doing a lot of second-guessing -- appropriately, might add. MARTIN: I'm not sure what you mean. JASON FARRELL: Well, in his report, JTTF liaison Abner Harrington suggests that there was a difference of opinion between you and Agent Malone over why Agent Malone wasn't cooperating more fully with the Joint Terrorism Task Force. MARTIN: Well, there was a ... there was a small incident over a surveillance photograph. I shared the photo with Harrington prior to clearing it with Agent Malone, and that was improper procedure. He pointed that out to me and we cleared the air. JASON FARRELL: Did Agent Malone believe he was the only one qualified to evaluate that evidence? MARTIN: He simply felt we shouldn't jump to the conclusion that Dr. Zamir was a terrorist. Look, this wasn't a turf war. It was about reporting channels. JASON FARRELL: Really? MARTIN: If anyone rushed to judgment in the Zamir case, it was me. I, um ... made some mistakes ... mistakes which may have cost Dr. Zamir his life, and I'm going to have to live with that. JASON FARRELL: No. You've got nothing to worry about from this end. (FARRELL stands up.) MARTIN: (immediately suspicious) That's not what I meant. JASON FARRELL: Well, I think I have everything I need right now. (FARRELL walks toward the door. MARTIN remains sitting, thinking about the conversation and FARRELL'S motivations. He doesn't like the conclusions he's coming to. MARTIN stands up and follows FARRELL to the door.) CUT TO: SCENE #08: [INT. FBI - MISSING PERSONS UNIT -- DAY] (From the bullpen looking into the office, DANNY watches as FARRELL walks MARTIN to the door. He extends his hand to MARTIN.) JASON FARRELL: (muted through the glass walls) Well, thanks for your cooperation. (Slow motion EMPHASIS of the handshake between MARTIN and FARRELL. Resume motion.) (It's something in passing and just courtesy as FARRELL immediately turns around and heads back to his desk and MARTIN continues to walk out of the office. But it's something that catches DANNY'S gaze, something that he notes and something that he doesn't care for.) (MARTIN walks out of the office and heads back to his desk. DANNY keeps his eyes on MARTIN.) DANNY: (calls out) How'd it go? MARTIN: (abruptly) It went fine. (MARTIN clears his throat. He heads for his desk and sits down. He sighs.) (Quick black and white flashback to: [Scene from 1X17: Kam Li]) (VICTOR talks with MARTIN.) VICTOR FITZGERALD: Jack Malone is a very talented agent, and I understand why you respect him. But he's a free swinger. Now, sometimes free swingers hit it out of the park, but a lot of the time, they miss the ball completely. MARTIN: So what are you telling me? VICTOR FITZGERALD: Let's just say Jack has made some mistakes lately and it hasn't gone unnoticed. I just want you to have my perspective on it and I want you to be careful, Martin. (Blur and dissolve to End of flashback. Resume to present.) (Again, MARTIN isn't liking the conclusions he's reaching. MARTIN reaches for the telephone. He dials.) (DANNY pays close attention to MARTIN and to the conversation.) MARTIN: (to phone) Hi, Margaret, is my dad in? (pause) Okay, no. Just have him call me when he gets back. (pause) Yeah. Thanks. (MARTIN hangs up the phone.) FADE TO BLACK. (COMMERCIAL SET) FADE IN. [EXT. COURTHOUSE - DAY] SCENE #09: [INT. COURTHOUSE - LOBBY -- DAY] (In the courthouse lobby where MARTIN has JACK'S attention, MARTIN talks with JACK about his meeting with FARRELL.) MARTIN: They're just trying to make it look like you were keeping information from the JTTF, so you could get all the glory for yourself -- it's nuts. JACK: What's nuts is you talking to me about a private conversation that you had with an OPR investigator. MARTIN: He was playing me: Bringing up stuff out of context, twisting the facts ... JACK: Yeah. That's what he's supposed to do. It's his job. MARTIN: What I'm saying, this isn't about the team. It's about you. JACK: Look, I appreciate you trying to help me, but I can take care of myself, okay? (JACK turns his head and notices that GRAHAM SPAULDING is being escorted to court by two guards. As they pass each other by, JACK stands up. GRAHAM SPAULDING turns to look at JACK.) GRAHAM SPAULDING: (drawls) Jack ... you look good. (SPAULDING smiles.) JACK: Yeah. I wish I could say the same for you. I hear they're quite fond of child molesters in prison. (SPAULDING laughs wryly.) GRAHAM SPAULDING: I thought we had an understanding. JACK: We do. (GRAHAM SPAULDING glances over at MARTIN and suppresses his grin. The two guard push SPAULDING toward the courtroom.) CUT TO: SCENE #10: [INT. COURT - JUDGE ADDERLY'S COURTROOM -- DAY] (GRAHAM SPAULDING is on the stand.) GRAHAM SPAULDING: We were driving ... (Quick black and white flashback to: [Scene from 1X05: Suspect.] A car driving in the rain and dark. End of flashback. Resume to present.) GRAHAM SPAULDING: ... and it was raining terribly. (Quick black and white flashback to: [Scene from 1X05: Suspect.]) (Lightning flashes. SPAULDING is in the back seat of the car. JACK sits next to SPAULDING.) GRAHAM SPAULDING: (v.o.) Could barely see out the window. (Blur to End of flashback. Resume to present.) GRAHAM SPAULDING: After a few minutes, I realized we were definitely not heading to New York City. (Quick black and white flashback to: [Scene from 1X05: Suspect.]) (JACK and SPAULDING sit in the back seat of the car.) JACK: Martin, take a left up here. (After a moment, SPAULDING realizes.) GRAHAM SPAULDING: That's not the way to the throughway. (JACK doesn't say anything.) (End of flashback. Resume to present.) LAWYER: Mr. Spaulding, what did you do when you realized the agents weren't taking you to the city? GRAHAM SPAULDING: Well, naturally, I was concerned. I immediately informed him that I wanted a lawyer, and I would answer questions only when I had one. (MARTIN glances at JACK.) LAWYER: Did they stop questioning you? GRAHAM SPAULDING: No. They interrogated me for the next two hours. (Quick black and white flashback to: [Scene from 1X05: Suspect]) (Thunder rumbles in the background. JACK leans back in the car seat and talks.) JACK: I understand you, Graham. I do. I've been to that school. I've seen those beautiful boys. Their beautiful bodies, to hold. All that innocence in your arms. But I tell you what I'm going to do. I'm going to give you fifteen minutes with him, if you tell me where he is. (GRAHAM SPAULDING turns his head and looks eagerly at JACK.) JACK: You can do whatever you want. (Blur to End of flashback. Resume to present.) LAWYER: Finally, Mr. Spaulding, prior to getting into the car with Agents Malone and Fitzgerald, had you requested an attorney? GRAHAM SPAULDING: (nods) Yes. When I was in jail in Westchester, they told me that I was, uh, going to be turned over into Federal custody. And I thought to myself, "Okay, I've done my best to cooperate, but this has gone too far." There was a police officer there. I told him I wanted a lawyer. (MS. ROSSI turns to look back at JACK.) (Camera holds on JACK.) CUT TO: SCENE #11: [INT. FBI - FARRELL'S OFFICE -- DAY] (JASON FARRELL questions DANNY.) DANNY: As I just said, since I was not at the hospital the day that Dr. Zamir was killed, I don't feel comfortable commenting on the decisions that were made that day. JASON FARRELL: Yes, you did say that. Thank you. But I'm ... wondering, Agent Taylor, during the course of your investigation, did you personally become convinced that Dr. Zamir was a terrorist? DANNY: Personally convinced, no. Did we consider it a possibility? Yes. JASON FARRELL: What about Agent Malone? Did he become convinced? DANNY: Maybe you should ask Agent Malone that question. JASON FARRELL: Uh, Agent Taylor, on a slightly different note: (FARRELL stands up.) JASON FARRELL: Do you recall someone named Goren Davitz - A small-time talent agent, I think. Is it Davitz? DANNY: Yes, it's Davitz. He was a pimp ... a drug dealer ... and I busted him. JASON FARRELL: Unfortunately, this Mr. Davitz filed an excessive force complaint against you. Rather detailed. DANNY: You never met the guy. JASON FARRELL: Did Agent Malone condone this type of interrogation? DANNY: The complaint was dismissed. JASON FARRELL: Well, nothing's ever really dismissed at the bureau, Agent Taylor. (FARRELL looks through a file.) JASON FARRELL: Let me see, we have another incident here involving a man named Radio. (DANNY nods his head. He's getting an idea of where this is heading.) (Quick black and white flashback to: [Scene from 1X08: Little Big Man]) (DANNY and MARTIN question RADIO. DANNY stands behind RADIO who is sitting. He leans in and plays with RADIO'S braid. This gets an immediate reaction from RADIO.) DANNY: Hey, you don't mind if I take a DNA sample of your hair, do you? RADIO: You messin' with my braid, man? (RADIO stands up and takes a swing at DANNY. DANNY sidesteps the swing and pushes RADIO up against the wall. MARTIN surges to his feet.) MARTIN: Hey, Hey, Hey! DANNY: I got it. I got it. I got it. (DANNY turns back to RADIO. He pushes him back against the wall again for emphasis.) DANNY: Tell me truth! RADIO: I didn't kill that man! DANNY: Why don't you tell me the truth? (Blur to End of flashback. Resume to present.) JASON FARRELL: He deserve it, too? DANNY: What is this about? JASON FARRELL: This is about cleaning things up around here, Agent Taylor. I want you to think hard about that. Then I want you to go home come back tomorrow, we'll talk some more about the Zamir case. (FARRELL looks at DANNY. DANNY nods his head.) JASON FARRELL: And Jack Malone. (FARRELL turns back to his papers on the desk.) CUT TO: SCENE #12: [INT. COURT - JUDGE ADDERLY'S COURTROOM -- DAY] (MS. ROSSI re-questions MARTIN.) ROSSI: Agent Fitzgerald, were you able to hear the conversation between Mr. Spaulding and Agent Malone during the entire drop? MARTIN: Yes, I was. ROSSI: And, at any time during the drive, did Mr. Spaulding request a lawyer? MARTIN: No, he did not. ROSSI: Did he ever make a reference to a lawyer, attorney, representative of any kind? (JUDGE ADDERLY looks at MARTIN.) MARTIN: No, he did not. (MARTIN glances over at GRAHAM SPAULDING.) ROSSI: Your witness. (JACK watches the proceedings. GRAHAM SPAULDING watches JACK.) LAWYER: Agent Fitzgerald, when you say he never asked for a lawyer during the ride, are you saying it's possible he could've asked for a lawyer at some other time? MARTIN: I'm saying he never requested a lawyer at any time. LAWYER: Thank you. Nothing else. Your honor, at this time, we'd like to call Officer Thomas Hurst, of the Chappaqua police department. MARTIN: (quietly to JACK) Who the hell is that? JACK: I have no idea. CUT TO: SCENE #13: [INT. FBI - MISSING PERSONS UNIT -- DAY] (SAMANTHA walks into the office carrying a file. She heads for VIVIAN at the conference table and sits down.) SAMANTHA: I just got a call from Carrie Wilkins' parents. They heard a radio report that we had found their daughter's body. VIVIAN: But we don't know that yet. SAMANTHA: I know. VIVIAN: What, exactly, did you tell them? SAMANTHA: Pretty much that. I said that we were still doing dental comparisons ... (DANNY walks into the office and sits down at his desk. He's just returned from his interview with FARRELL.) DANNY: Oh, geez. SAMANTHA: ... We didn't know anything for sure. (to DANNY) How'd it go? DANNY: Look, we're not supposed to talk about it, so let's not talk about it, okay? VIVIAN: Okay ... if the OPR's after Jack we all got to get in line. DANNY: Well, maybe you should say that to Martin. VIVIAN: What?! SAMANTHA: What's that supposed to mean? DANNY: What's it's supposed to mean is that Farrell interrogated me for two hours and didn't mention Agent Fitzgerald once. VIVIAN: And ... ? DANNY: Are you forgetting that Martin was the leader of the "Anwar Zamir is a terrorist" parade? SAMANTHA: Danny, he was just doing his job. VIVIAN: You know, guys, we got to stick together on this. DANNY: That is my point, exactly. And-and-and we don't have daddy dearest covering our asses all the way from Washington. We don't. I'm not going to roll on anybody, all right? And I hope Martin can say the same, but that bastard is on a witch hunt and I am not going to go down for this. (He nods his head as he looks at them.) (VIVIAN doesn't say anything. She continues to tap her pencil on the table while looking at DANNY. DANNY pushes his chair away from the conference table and rolls back to his desk.) CUT TO: SCENE #14: [INT. COURT - JUDGE ADDERLY'S COURTROOM -- DAY] (GRAHAM SPAULDING'S ATTORNEY questions OFFICER THOMAS HURST who is now on the stand.) LAWYER: Officer Hurst, have you ever seen the defendant, Graham Spaulding? (SPAULDING pours himself a glass of water.) OFFICER THOMAS HURST: Yeah, last October. I did a stint at a holding facility in Westchester. They had him on a couple of vice counts with a minor. LAWYER: During that time, did Mr. Spaulding ever request the assistance of counsel? OFFICER THOMAS HURST: Yes, he did. LAWYER: Can you be more specific? OFFICER THOMAS HURST: Um ... When he heard that the Feds were going to be taking him to New York, he called me aside and told me: If the FBI was going to be involved, he thought he ought to have a lawyer. (MS. ROSSI closes her eyes.) LAWYER: Did you ever tell anyone at the Federal Bureau of Investigation about Mr. Spaulding's request for a lawyer? OFFICER THOMAS HURST: Yeah, uh, I called the New York office. Spoke with an Agent Van Doren. I informed her that the suspect was ready for transfer, and that he requested an attorney. LAWYER: Officer Hurst, apart from Agent Van Doren, did you ever tell anyone else at the Federal Bureau of Investigation about Mr. Spaulding's request for counsel? OFFICER THOMAS HURST: Yes, I did. LAWYER: And who was that? OFFICER THOMAS HURST: Agent Martin Fitzgerald. (MARTIN hears his name and looks confused. He shakes his head slightly and turns to JACK. He looks back at the proceedings.) (In front of him with her back to him, MS. ROSSI has her head turned enough to see MARTIN'S reaction. She puts a finger to her temple and looks down at the table.) LAWYER: Will you please tell the court when and how you made Agent Fitzgerald aware of Mr. Spaulding's request? OFFICER THOMAS HURST: Well, when I spoke with Agent Van Doren, she told me I needed to coordinate the prisoner's transfer with Agent Fitzgerald, who was going to drive him down. She, uh, gave me his cell phone number, asked me to call him and set it up. LAWYER: And did you call Agent Fitzgerald? OFFICER THOMAS HURST: Yes, I did. (Quick black & white flashback to: In the cage, OFFICER THOMAS HURST is on the telephone.) OFFICER THOMAS HURST: (on phone) Yeah, we got him. He's in the holding cell, all neat and pretty. You're not getting anything out of him. Guy lawyered up as soon as he heard you were coming. (Blur out to End of 'new' flashback. Resume to present.) LAWYER: And what did Agent Fitzgerald say when you told him about Mr. Spaulding's request? OFFICER THOMAS HURST: He said, "okay." He said, "okay," and hung up. A little while later, they came and put him in the car. LAWYER: Thank you, officer. Ms. Rossi. JUDGE H. ADDERLY: For the government. ROSSI: (quietly) Nothing at this time, your honor. (The gavel bangs.) (MARTIN puts his head down in his hand and rubs his temples.) CUT TO: SCENE #15: [INT. FBI - OFFICE -- DAY] (FARRELL stands behind his desk and questions SAMANTHA who sits in front of it.) JASON FARRELL: So your statement is you believe Agent Malone's handling of the Zamir case was both appropriate and professional. SAMANTHA: Absolutely. JASON FARRELL: And that the two of you have no difference of opinion with regard to tactical strategy. SAMANTHA: Not really. No. JASON FARRELL: Well, according to Agent Malone's own report, you approached him with your concern about "jumping too quickly to the conclusion that Zamir was a terrorist." SAMANTHA: We may have talked about it. JASON FARRELL: Would you mind characterizing your conversation for me, please? (Quick black & white flashback to: [Scene from 1X09: In Extremis]) (SAMANTHA walks into JACK'S office. JACK is sitting behind his desk working. He looks up when she walks in.) SAMANTHA: Jack, I, um ... I think you're making a mistake. I think that you have jumped the gun bringing in JTTF. JACK: Yeah, well, that's my call. SAMANTHA: Just think about it. I mean, after this investigation, do you think Anwar will be able to get a job in his field? JACK: It's not my problem. Look, if any of this is making you uncomfortable, I can transfer you to another case. (Blur to End of flashback. Resume to present.) JASON FARRELL: Threatening to reassign you because you challenged one of his decisions? SAMANTHA: In cases like this, emotions tend to run fairly high, Agent Farrell. JASON FARRELL: I'm sure they do. (He sits down.) JASON FARRELL: Well, uh ... Oh, oh, one other thing, Agent Spade. Have you and Agent Malone ever had a sexual relationship? (This stops SAMANTHA cold.) SAMANTHA: I beg your pardon? JASON FARRELL: Unless you're going to go Clinton on me, it's a fairly straightforward question. SAMANTHA: You have no right to ask me that. JASON FARRELL: Actually, I do. Administrative Operation Procedures of the Federal Bureau of Investigation, section 23 ... (FARRELL reaches for the manual and flips it open to the page.) (SAMANTHA puts a hand to the bridge of her nose. She murmurs her incredulity at the man's audacity.) (He starts reading.) JASON FARRELL: "A supervising agent--" that would be Agent Malone -- "is strictly forbidden from having a sexual relationship with an agent and his immediate reporting chain." (He turns to look at SAMANTHA.) JASON FARRELL: That would be you. SAMANTHA: I'm not going to respond to this. (SAMANTHA stands up and heads for the door.) JASON FARRELL: (forcefully) We are not done! (SAMANTHA stops in front of the door.) JASON FARRELL: Look ... Samantha ... (FARRELL stands up. SAMANTHA turns around from the door and heads back into the office.) SAMANTHA: "Agent Spade." (SAMANTHA stops in the middle of the room and crosses her arms. FARRELL walks around the desk and sits on its edge.) JASON FARRELL: Agent Spade ... I don't mean to be impolitic when I say I think we can all understand the pressures of this job, especially the difficulties a junior agent may face, say, if she were approached by a superior -- a man in a very unhappy marriage, desperate for the intimacy he wasn't getting at home. In this light, the Agent's actions would be understandable. However, refusing to answer, or lying about such a relationship, would not. (Camera holds on SAMANTHA.) FADE OUT. (COMMERCIAL SET) FADE IN. [EXT. COURTHOUSE (STOCK) - DAY] SCENE #16 [INT. COURTHOUSE -- HALLWAY -- DAY] (MARTIN and JACK walk through the hallway.) MARTIN: I don't know who the hell that cop is, but I swear he never called me. JACK: I know. MARTIN: I'm glad you believe me, because I don't think Judge Adderly does. I mean, seriously, Jack, I don't know what the hell happened in there. (MARTIN and JACK take a seat on a bench in the lobby.) MARTIN: (adamantly) That guy never called me. JACK: I know he didn't. He called me. (MARTIN turns to look at JACK.) MARTIN: What? JACK: (repeats) He called me. MARTIN: When? JACK: (sighs) When we were in Westchester, we were waiting to process Spaulding. Um ... I was on the phone with Vivian. (Quick black and white flashback to: ) JACK: (to phone) He went out to get a soda or something. (MARTIN'S cell phone starts ringing.) JACK: Just hang on a second. (JACK cover the mouthpiece and calls out.) Martin? Martin? Martin, your phone. (pause) Hang on. I just got to get this. (JACK answers MARTIN'S cell phone) Yeah? OFFICER THOMAS HURST: (from phone) I got your prisoner ready for you. He's in the holding cell all neat and pretty. You're not getting anything out of him. The guy lawyered up as soon as he heard you were coming. Okay? JACK: Okay. Thanks. (Blur out to End of 'new' flashback. Resume to present.) MARTIN: Why the hell didn't you tell me this before? JACK: Because it wouldn't make any difference to you or the case. MARTIN: Are you kidding me? It looks like I just perjured myself. JACK: I was hoping that they wouldn't find that cop. I'm sorry, Martin, there was no other way. MARTIN: Even if I knew the truth, I still would have gone along with you to save that kid. JACK: That wasn't enough. I needed to know that you would testify. MARTIN: By lying to me? JACK: What kind of choice was there? Perjure yourself or let Spaulding walk. MARTIN: That should have been my decision. You had no right to withhold the facts from me. Come on. We're supposed to be a team. JACK: Just couldn't take the chance. MARTIN: Don't you get it? I put my ass on the line for you with Farrell. You just can't make up the rules as you go along, Jack. (MARTIN stands up and walks away.) (JACK leans back and sighs.) CUT TO: SCENE #17: [INT. FBI - HALLWAY / CONFERENCE ROOM -- DAY] (JACK walks through the hallway. He turns and looks in the conference room. He sees SAMANTHA sitting alone on the couch in the room. JACK walks into the room.) SAMANTHA: He asked me about us. He had all this stuff. Um, security card access records of nights that we left together; phone logs. (JACK sits down next to SAMANTHA. He sighs.) JACK: And what did you say? SAMANTHA: I told him it wasn't true. (JACK turns to look at SAMANTHA.) JACK: You have no idea of what he knows or doesn't know. That's his ace up the sleeve -- that's how he wins. SAMANTHA: I was just trying to protect you. JACK: Yeah, but you didn't have to lie. Even if he had hard evidence, there's nothing he could do about it. SAMANTHA: We broke at least half a dozen conduct codes. JACK: And lying to an OPR investigator could get you fired. SAMANTHA: And sleeping with an agent under your command could get you fired. (JACK pulls back a bit.) I'm sorry I lied. I was just trying to save your ass. (SAMANTHA stands up and walks out of the room. She leaves JACK sitting there.) CUT TO: [INT. FBI - MISSING PERSONS UNIT - DAY - CONTINUOUS] (VIVIAN walks through the main office bullpen. She turns her head and through the glass, sees JACK walking rapidly across the hall outside. He looks angry as hell. VIVIAN watches as JACK disappears down the hallway out of her vision.) SCENE #18: [INT. FBI - FARRELL'S OFFICE - DAY -- CONTINUOUS] (JACK walks into the conference room JASON FARRELL is using as his office.) JACK: You want to take me down, that's fine-- give it your best shot. JASON FARRELL: (looks up) We weren't scheduled to meet, were we? JACK: (angry) You come into MY house and you mess with MY people, you better not miss, you little piss wad! JASON FARRELL: I'm gonna ask you to leave right now. (JASON FARRELL points to the door behind JACK.) JACK: (ignores him) This is where I work, you pencil-pushing little maggot! (JACK deliberately knocks the pencilholder on its side, spilling pencils on the tabletop in front of FARRELL.) JACK: This is where I work! And not the kind of crap that you do -- I don't push through other people's garbage. (JASON FARRELL stands up.) JASON FARRELL: Are you threatening me, Agent Malone?! JACK: You take it any way you want! (VIVIAN appears in the doorway, interrupting both men.) VIVIAN: Agent Farrell. (pause) Are you ready? (beat) (calmly) I think now is a good time for me. (VIVIAN smiles at him.) (JASON FARRELL puts his hands on his hips and takes a deep breath. JACK straightens, never taking his eyes off of the man. He slowly backs out of the room. JASON FARRELL motions for VIVIAN to enter the office. JACK turns and leaves the room.) (VIVIAN smiles and calmly walks into the office to begin her interview.) CUT TO: SCENE #19: [INT. FBI - MISSING PERSONS UNIT - DAY -CONTINUOUS] (MARTIN sits at his desk looking through a file. DANNY watches him.) DANNY: We couldn't get a dental match with Carrie Wilkins, so we're going to run her DNA. MARTIN: Okay. (MARTIN doesn't look up. DANNY glances at MARTIN.) DANNY: Tough day in court, huh? MARTIN: Yeah, thanks to Jack. DANNY: Well, that's nice. (easily) Is that what you told Farrell? (This catches MARTIN'S attention. He looks up from his file and looks at DANNY.) MARTIN: You should be careful what you say. DANNY: Well, that's good advice. Maybe you should have taken it before you went into Farrell's office and ratted me out. (DANNY turns and walks to MARTIN. MARTIN puts his file down.) MARTIN: (confused) "Ratted you out"? DANNY: How did he find out that I roughed up Radio, huh? MARTIN: I didn't say a word about that. (MARTIN stands up and looks DANNY in the eye.) DANNY: Right. MARTIN: Oh, come on, Danny, you only bragged to half the office about it. How the hell do you think he heard? And by the way, we lose Spaulding, you can take some credit for that. DANNY: Excuse me? MARTIN: If you hadn't gone in his house and grabbed those pictures without a warrant, we wouldn't be under half the scrutiny that we're under right now. DANNY: Ask your father why we're under this scrutiny. MARTIN: What the hell you talking about? DANNY: About the free ride you get around here. Everybody knows ... MARTIN: ... Give me a break. DANNY: Everybody knows that the OPR doesn't just randomly select its targets. Somebody sicced that little dog on Jack, and if you ask me, there's a certain Deputy Director in Washington that knows exactly why. (And with that, DANNY walks away. Camera holds on MARTIN'S stunned expression.) CUT TO: SCENE #20: [INT. FBI - FARRELL'S OFFICE - DAY] (JASON FARRELL interviews VIVIAN. He leans back in his chair, his pad full of notes resting on his bent knees.) JASON FARRELL: Would you say that Agent Malone was less than cooperative with Abner Harrington in the Joint Terrorism Task Force? VIVIAN: No. JASON FARRELL: Did you ever witness any difference of opinion between Harrington and Agent Malone? VIVIAN: I did not. (FARRELL smiles.) JASON FARRELL: You're very loyal, aren't you, Agent Johnson? (FARRELL sits up and puts his notepad on the desk.) VIVIAN: Is that a question? JASON FARRELL: It's an observation. (He opens the file and looks at it.) JASON FARRELL: Well, you've ... you've had a very impressive career at the bureau, Agent Johnson. VIVIAN: I've done okay. JASON FARRELL: Oh, you're being modest. Four DOJ performance awards; several certificates of achievement ... VIVIAN: (interrupting) Agent Farrell, if this is the part where you suggest that I could move on in the bureau if I play ball with you, don't even go there. I'm very happy where I am. JASON FARRELL: Well, that's not ... so true, is it? (He looks at VIVIAN. VIVIAN meets his gaze.) JASON FARRELL: I see a number of applications for supervisor positions, inquiry letters of unit chiefs at several locations. The truth is, you do have ambitions, don't you? VIVIAN: I was exploring opportunities. JASON FARRELL: As well you should. There's nothing wrong with ambition. Now ... Taylor and Spade, they're young, still happy to be G-men. They get a rush every time they pull a badge -- it's kid stuff. But you ... you have a family to think about. I want you to know Washington's very aware, and should a position become available ... VIVIAN: (interrupts) Agent Farrell, there is no way in hell that I'm going to help you take down Jack Malone. (FARRELL sits up and looks at VIVIAN.) JASON FARRELL: Agent Johnson ... Jack Malone is going down with you or without you. It's your choice. (Camera holds on VIVIAN.) CUT TO: SCENE #21: [INT. COURTROOM - WAITING ROOM] (MS. ROSSI paces the floor as she tries to think of a way out of the testimony mess. JACK sits in the chair and listens.) ROSSI: I'm telling you, Jack, Martin's testimony is discredited. JACK: You have the word of a Federal Agent versus that of a small town cop. How could it be discredited? (She stops pacing and walks toward him.) ROSSI: A small town cop with no motivation to lie before a judge who is just about at his limit -- that's how. (she sighs) Okay ... okay. Here's what we do. We concede Fitzgerald might have known of the request, but according to the record, he never questioned Spaulding. You conducted the entire interrogation, right? JACK: Yes. ROSSI: So, we put you up there. You testify that you had no knowledge of the request for counsel. Even that cop doesn't say you knew. (JACK motions with his hand.) Yes, Jack, we have no choice. Either you get up there and you say you had no idea Spaulding asked for the lawyer or he walks. You can say that, right? JACK: Yes, I can do that. (MS. ROSSI looks at JACK, then turns away.) CUT TO: [EXT. WASHINGTON, D.C. - CAPITOL - NIGHT] SCENE #22: [INT. FBI OFFICES (WASHINGTON) -- NIGHT] (MARTIN turns the corner into the main office area and sees his father shaking hands with someone as they leave.) VICTOR FITZGERALD: ...Tee time tomorrow, so I'll see you then. (His guests leave. VICTOR turns and sees MARTIN standing there. He walks toward him.) VICTOR FITZGERALD: Martin. Well, I hope this is not another one of your surprise interrogations. (VICTOR holds out his hand and they shake.) MARTIN: Why are you doing this? VICTOR FITZGERALD: Excuse me? MARTIN: You know what I'm talking about. This OPR investigation has your prints all over it, dad. Is that how it works in your world, that somebody has to be the fall guy? VICTOR FITZGERALD: Martin ... MARTIN: ... or do you just have a personal vendetta against Jack Malone? VICTOR FITZGERALD: Martin, I want you to be quiet now and hear me out. Yes, I was informed that the New York Office was going to be held accountable for the death of Anwar Zamir. I did not approve of that, but that's what the DOJ wanted. I also did not approve they had chosen to sacrifice in this process -- the young agent who, by all accounts, led the charge to have Dr. Zamir considered a terrorist. MARTIN: (nods) I was the target. VICTOR FITZGERALD: Fortunately, there was something I could do about that, so I suggested they refocus ... MARTIN: ... refocus the investigation onto Jack. VICTOR FITZGERALD: Given what's gone on in the last few months, Martin, it wasn't that difficult. MARTIN: You're wrong about Jack. He's a great agent and you're going to ruin his career. VICTOR FITZGERALD: I'm saving yours. MARTIN: When are you going to realize that I don't need your help? Just-just stay out of my life. (MARTIN walks away. VICTOR turns around to look at MARTIN leave.) CUT TO: [EXT. NEW YORK CITY (STOCK) - NIGHT] VIVIAN: (v.o.) Jack, you can't. JACK: (v.o.) Yeah? Just watch me. VIVIAN: (v.o.) You can't lie ... SCENE #23: [INT. FBI - MISSING PERSONS UNIT -- NIGHT] (JACK leans over the desktop counter of SAMANTHA SPADE'S desk. VIVIAN stands next to him.) VIVIAN: ... in court. JACK: You think I'm going to let Spaulding walk away? He kills and abuses children. He's done it twice, and he's going to do it again. VIVIAN: Oh, so could you live with yourself? (VIVIAN crosses her arms.) JACK: Hey, I can live with one less pedophile being on the street. VIVIAN: You compromise your sense of Right, and there's one less of you. JACK: I have a feeling there's about to be one less of me anyway, and if I'm going down, I'm taking Spaulding with me. VIVIAN: All right, we know that Farrell's a bastard, but he can't beat you unless you let him. JACK: What do you want me to do, Viv? I am screwed either way. VIVIAN: I know. (pause) Look, I got to get home. JACK: So do I. (VIVIAN looks at JACK and nods her head. She leaves. JACK finally turns to look at VIVIAN.) FADE OUT. (COMMERCIAL SET) FADE IN SCENE #24 [INT. COURT - JUDGE ADDERLY'S COURTROOM -- DAY] (JACK is on the stand.) ROSSI: Agent Malone, are you the only one who questioned Mr. Spaulding during that drive? JACK: Yes. ROSSI: Did you ever hear him request a lawyer? JACK: No. ROSSI: Did he ever mention a lawyer? JACK: No, he did not. (In the back of the courtroom, VICTOR FITZGERALD walks in.) ROSSI: Did you ever mention a lawyer to him? JACK: No, I didn't. ROSSI: You are aware, Agent Malone, that Mr. Spaulding has testified that he repeatedly asked for a lawyer during the time in the car. (VICTOR takes a seat at the back of the room to watch the proceedings. MARTIN turns around and notices VICTOR.) JACK: I would say that Mr. Spaulding's testimony is ... inaccurate. ROSSI: Thank you. No further questions. Your witness. (MS. ROSSI walks back to her table. GRAHAM SPAULDING smiles smugly at JACK and leans back in his chair.) (JACK takes a deep breath and looks at MARTIN.) (With concern, MARTIN watches JACK.) JACK: Actually, Ms. Rossi, I am not done with my testimony. (MS. ROSSI turns around to look at JACK.) ROSSI: I'm sorry, I said no further questions. JACK: Um, there's another issue that I need to address. (MARTIN watches the exchange.) ROSSI: Thank you, Agent ... JACK: (interrupts) ... telephone conversation between Officer Hurst and Agent Fitzgerald regarding Mr. Spaulding's request for a lawyer. I need to address that issue. ROSSI: Your honor, I've concluded my questioning. JUDGE H. ADDERLY: Then I'll take it from here. (MS. ROSSI steps up to the bench.) ROSSI: Your honor ... JUDGE H. ADDERLY: Ms. Rossi. (The JUDGE stops her from talking. MS. ROSSI looks at JACK, then goes back to her table.) (GRAHAM SPAULDING watches the proceedings with some interest.) ROSSI: Go on, Agent Malone. Do you have any reason to doubt the accuracy of Officer Hurst's testimony? JACK: Yes, your honor, I do. JUDGE H. ADDERLY: And why is that? JACK: Because I'm the one who took the call from Officer Hurst. JUDGE H. ADDERLY: (sighs) Please ... proceed, Agent Malone. You have my complete attention. (MS. ROSSI sits down. Camera holds on JACK.) CUT TO: [EXT. NEW YORK CITY (STOCK) - DAY] SCENE #25: [INT. FBI - FARRELL'S OFFICE -- DAY] (DANNY walks in to the office JASON FARRELL occupies.) DANNY: Mr. Farrell. (FARRELL looks up from behind his desk.) JASON FARRELL: Yes. DANNY: You suggested I come back today, if I reconsidered. JASON FARRELL: And you have. DANNY: I have. So have my colleagues. (DANNY turns to the door where VIVIAN and SAMANTHA walk in through the hallway. They stop next to DANNY.) SAMANTHA: We think we understand your Advise of Rights form now. As it turns out, you have the Right to be a miserable little bastard. VIVIAN: And we have the Right to tell you to "shove it". (Together, the three of them tear up the Holy Advise of Rights Form into little pieces front of FARRELL.) JASON FARRELL: Have you lost your minds? DANNY: You should go home now. JASON FARRELL: I'll leave when my work is done. DANNY: Knock yourself out. (As one, they all walk out of the office.) CUT TO: SCENE #26: [INT. COURT - JUDGE ADDERLY'S COURTROOM -- DAY] (JACK is still on the stand.) JACK: And that was it. Andrew Deaver was exactly where Mr. Spaulding had indicated. (Quick black and white flashback to: [Scene from 1X05: Suspect.]) (MARTIN and JACK are on the side as MARTIN reports to JACK.) MARTIN: He's in bad shape, but he's going to make it. (Back in the car, GRAHAM SPAULDING sits and waits.) GRAHAM SPAULDING: Agent Malone. (MARTIN and JACK turn around. JACK walks back to the car. With his eyes glued to the activity of the crew working to get ANDY DEAVER out, GRAHAM SPAULDING turns to look at JACK.) GRAHAM SPAULDING: (eagerly) Do I get my fifteen minutes now? (MARTIN turns away.) JACK: Your 15 minutes are over. JUDGE H. ADDERLY: (v.o.) Agent Malone ... (End of flashback. Resume to present.) JUDGE H. ADDERLY: Agent Malone, you knowingly and willfully violated this man's right to be questioned with an attorney present. What were you thinking? (JACK turns to look at the JUDGE.) JACK: I can tell you exactly what I was thinking. I was thinking it was 38 degrees in the Coleman Caves, and that there was a terrified young man in one of them, tied up like an animal, shot full of drugs so that Mr. Spaulding could have sex with him. I was thinking that if I turned around and went back to New York, so Mr. Spaulding could consult with his attorney, Andy Deaver would be dead by the time I got back. I can also tell you what I was not thinking. I was not thinking about his constitutional rights. I was not thinking about evidence suppression or even this trial. That's the job of this court. And this court will decide whatever it decides. But I can say this without reservation: ... (JACK turns to look directly at MARTIN.) JACK: Given the same set of circumstances, I would do exactly the same thing because my primary responsibility was to save Andy Deaver. (GRAHAM SPAULDING watches JACK and smiles smugly in his chair. MARTIN watches JACK and swallows back his emotion.) JACK: That's my job. (quietly) That's my job. CUT TO: SCENE #27: [EXT. COURTHOUSE -- DAY] (JACK walks out of the courthouse and down the front stairs. SAMANTHA stands outside and waits for JACK.) (JACK slows down as he sees SAMANTHA. (Cut to: JACK and SAMANTHA sit on a bench.) JACK: (amused) So you guys just tore them up? SAMANTHA: Well, Farrell had the originals. We tore up copies. It was more of a symbolic gesture. JACK: (smiles) I appreciate the gesture and the symbolism. SAMANTHA: You were right, you know. JACK: About what? SAMANTHA: It was dumb to lie to Farrell. (JACK acknowledges the statement then looks over at the courthouse behind them.) JACK: Not as dumb as what I just did in there. I think I let a killer walk free, and I lost my job all in one hit. SAMANTHA: You know, when Farrell asked me about us, my instinct was to tell him the truth ... because it's been really hard for me not telling anyone, ... being around you all the time and pretending like nothing never happened, you know? JACK: (quietly) I know. SAMANTHA: I don't think I was lying to save you. I think, in that moment, I thought maybe ... if I say this, if everybody knows ... then it really will be over. (She pauses and looks at JACK.) SAMANTHA: It is over, isn't it? (JACK reaches out and lightly brushes his knuckles over the hair by her temple. He nods his head slightly.) JACK: Yeah, it's over. (SAMANTHA looks into JACK'S eyes, then nods her head also. She slowly leans into him and rests her head on his shoulder. JACK puts his arm around her and rests his cheek on the top of her head.) CUT TO: SCENE #28: [INT. FBI - VAN DOREN'S OFFICE -- DAY] (JACK walks into PAULA VAN DOREN'S office.) JACK: You got a minute? (She looks up. She's standing behind her desk with a file folder in her hand.) PAULA VAN DOREN: Yeah. Any word from the court? JACK: You know, you could've told me about the cop. PAULA VAN DOREN: You could've told me about the cop. You could've told me that you were driving Spaulding to the caves. JACK: There was no way I was going to leave that boy to die. PAULA VAN DOREN: You made your own bed on this, Jack. (For a moment, JACK looks at PAUL VAN DOREN.) JACK: You know, I used to think that this job was worth it. Giving up my life, my family, my friends, but today I almost sold my soul, and you know what? Not worth it. Here's my letter of resignation. (He tosses the sheet of paper onto VAN DOREN'S desk. He turns around and walks out of the office.) CUT TO: SCENE #29: [INT. FBI - MISSING PERSONS UNIT -- DAY] (MARTIN is at his desk ripping a piece of paper. DANNY is at his desk on the phone. He glances over at MARTIN.) (MARTIN finishes then walks past DANNY'S desk on his way out of the office.) (DANNY puts the phone down.) DANNY: Good luck, man. MARTIN: Thanks. DANNY: Martin ... (MARTIN turns around.) DANNY: When this is all over, and you and I are looking for our next gig, I just want you to know that I-I think we make a hell of a team. MARTIN: What, selling shoes? DANNY: (amused) Shoes, boots, pumps, whatever. (MARTIN looks at DANNY and smiles.) MARTIN: (agrees) Sounds good to me. (MARTIN walks out of the office leaving DANNY at his desk. DANNY watches MARTIN leave, a smile on his face.) CUT TO: SCENE #30: [INT. FBI - HALLWAY - CONFERENCE ROOM - DAY -- CONTINUOUS] (MARTIN walks into the conference room from the hallway expecting to see JASON FARRELL. Instead, he finds his father standing near the window wall overlooking the main office bullpen, his back to the door and no JASON FARRELL in sight. MARTIN looks a bit confused at finding his father there.) MARTIN: Dad? (VICTOR FITZGERALD turns around. MARTIN steps into the conference room.) MARTIN: Where's Farrell? VICTOR FITZGERALD: Agent Farrell is going back to Washington. He had some other affairs to attend . (VICTOR buttons up his jacket and grabs his coat from off of the chair in front of him.) MARTIN: What does that mean? VICTOR FITZGERALD: It means I've been thinking about what you said. About what I just heard Jack Malone say. MARTIN: Or maybe he was tougher to bring down than you thought. VICTOR FITZGERALD: Believe what you want. (MARTIN looks at VICTOR and nods slightly.) MARTIN: Hmm. So, just like that, it goes away. VICTOR FITZGERALD: I suspect there will be a letter of reprimand ... in your file. (MARTIN again nods slightly.) VICTOR FITZGERALD: But I imagine you can live that one down without any help from me. I'll tell your mother you're looking well. (And with that, VICTOR FITZGERALD walks past MARTIN and out of the office. MARTIN turns around and watches his father leave.) CUT TO: SCENE #31 [INT. FBI - JACK'S OFFICE - DAY -- CONTINUOUS] (JACK is in his office, sitting behind his desk, working. VICTOR'S shadow darkens the doorway behind the camera. JACK looks up and sees VICTOR.) JACK: Am I supposed to thank you? (VICTOR walks into the office and stands in front of JACK'S desk. In this moment, he's not VICTOR FITZGERALD, Deputy Director, but VICTOR FITZGERALD, a father, talking with his son's supervisor.) VICTOR FITZGERALD: (quietly) He's a good kid. Take care of him. (VICTOR walks out of the office and leaves. JACK looks over through the windows and into the main office where he sees MARTIN standing behind his work area. MARTIN doesn't notice JACK watching him.) VIVIAN: (o.s.) Jack ... (VIVIAN stops in the doorway.) VIVIAN: Adderly has a decision. (JACK takes a moment, then pushes his chair back. He stands up.) CUT TO: [EXT. COURTHOUSE (STOCK) - DAY] SCENE #32: [INT. COURT -- DAY] (JUDGE H. ADDERLY walks up to the bench, puts his papers down, and takes a seat. He's very grim. MS. ROSSI prepares herself for the ruling. Camera cuts to JACK, who lifts his head slightly and turns slightly to look at GRAHAM SPAULDING. The camera then refocuses on GRAHAM SPAULDING sitting in the background openly staring at JACK, who is sitting behind him, instead of at the in front of him.) (Cut to: MARTIN, then to JACK who knows full well what's about to happen.) JUDGE H. ADDERLY: In the matter of U.S. v. Graham Spaulding it is the judgment of this court that the statements made by Mr. Spaulding to Agents Malone and Fitzgerald of the Federal Bureau of Investigation were elicited in violation of Mr. Spaulding's constitutional right to an attorney, and are therefore inadmissible as evidence. I further grant the defendant's motion to dismiss the charges against Mr. Spaulding. (MS. ROSSI closes her eyes.) JUDGE H. ADDERLY: Case dismissed. (The JUDGE stands up and leaves the bench.) (GRAHAM SPAULDING looks very pleased with the ruling. He gets up out of his seat and heads out with the rest of the defense team. After a couple of steps, he turns around and heads straight for JACK. He leans in close and whispers quickly.) GRAHAM SPAULDING: (smugly whispers) I guess my fifteen minutes aren't up after all. (JACK doesn't respond, nor does he look at SPAULDING. The officers gather GRAHAM SPAULDING and escort him out of the courtroom.) (Camera holds on JACK.) CUT TO: [EXT. NEW YORK CITY (STOCK) - DAY] SCENE #33: [INT. FBI - JACK'S OFFICE -- DAY] (VIVIAN walks determinedly into JACK'S office. JACK'S working behind his desk. He looks up when she starts speaking.) VIVIAN: (shocked) I just spoke to Van Doren. You're not serious? JACK: Better believe it. (DANNY walks up to the office, stops by the doorway and fills JACK in on the other case. VIVIAN turns and listens.) DANNY: Jack, we got a positive I.D. on that girl they found in Jersey. It's Carrie Wilkins. (DANNY walks away. VIVIAN turns back to JACK and takes a deep breath intending to continue the conversation. JACK stops her.) JACK: You've got some work to do. (VIVIAN leans in toward JACK, then pushes herself up and away from the desk. She shakes a finger at JACK as she walks to the door.) (VIVIAN leaves the room. Camera lingers on JACK.) CUT TO: SCENE #34: [INT. FBI - MISSING PERSONS UNIT - DAY -- CONTINUOUS] (SAMANTHA walks across the office toward the conference table. The rest of the team is already there ... everyone, except JACK.) SAMANTHA: They found skin and paint chips under her fingernails. (SAMANTHA sits down.) VIVIAN: Let's see if they're traceable. MARTIN: (standing) Didn't one of our original suspects work in a body shop? DANNY: Yep. The neighbor out in Woodmere. I'm on it. VIVIAN: And evidence of sexual assault? DANNY: I'm on that, too. VIVIAN: I'm waiting for forensics to get back to me. (JACK walks up through the bullpen and joins them at the table.) JACK: What about the head wound? (VIVIAN sees JACK and smiles. SAMANTHA looks up, both surprised and pleased to see JACK, she looks down at her notes and fills him in.) SAMANTHA: Uh, consistent with a round, blunt object. JACK: Baseball bat? SAMANTHA: Could be. JACK: Anybody contacted the parents? MARTIN: No, not yet. CUT TO: [HALLWAY - DAY - CONTINUOUS] (PAULA VAN DOREN walks through the hallway. She looks into the office through the glass walls and observes as JACK issues orders to his team.) JACK: Martin and Samantha, I want you to stay on the body. Danny, stay with forensics. ... CUT TO: [MISSING PERSONS UNIT - DAY - CONTINUOUS] JACK: ... Vivian, I want you to coordinate this with the Jersey State Troopers. I'm going to go talk to the parents. (JACK turns around and leaves the office.) CUT TO: [HALLWAY - DAY -- CONTINUOUS] (PAULA VAN DOREN watches as JACK walks out and away of the main office, her eyes on him. She smiles. She finally looks down at JACK'S resignation letter in her hands ... and slowly crumples it up into a paper ball.) (Without a backward glance, PAULA VAN DOREN continues to walk through the hallway.) FADE TO BLACK. ======================== THE END ======================== [Captioning sponsored by CBS and Warner Bros. Television (cc) Captioned by media access group at wgbh access.Wgbh.Org] NOTE: The following names are spelled differently in this episode than in the previous episodes where the characters originally appeared: ANWAR ZAMIR (1X21) was ANWAR SAMIR (1X09) and VAN DOREN (1X21) was VAN DORAN in (1X05). Closed- captioning consistently shows them this way in each episode. They will remain as is in each file. Courtesy of http://www.webphilia.com/~anthology/wnp.html Contact the Transcriptionist at (intrepidly002@yahoo.com) Please do not archive without permission. ======================== BEGINNING/TITLE CREDITS ======================== WITHOUT A TRACE 1X21: ARE YOU NOW OR HAVE YOU EVER BEEN? ORIGINAL AIR DATE ON CBS: 05/01/2003 TRANSCRIBED FROM CBS Starring ANTHONY LaPAGLIA as Jack Malone POPPY MONTGOMERY as Samantha Spade MARIANNE JEAN-BAPTISTE as Vivian Johnson ENRIQUE MURCIANO as Danny Taylor ERIC CLOSE as Martin Fitzgerald Created by: HANK STEINBERG Starring CONOR O'FARRELL as Graham Spaulding CHRISTINA CHANG as Ms. Rossi (Prosecutor) RAY BAKER as Victor Fitzgerald SPENCER GARRETT FRANK JOHN HUGHES as Jason Farrell JARED HILLMAN as Andy Deaver HARRIS LASKAWY as Judge H. Adderly and LYNN WHITFIELD as Paula Van Doren Producer: PAUL HOLAHAN Producer: JAN NASH Producer: GREG WALKER Produced by: SCOTT WHITE Co-executive Producer: JACOB EPSTEIN Executive Producer: HANK STEINBERG Executive Producer: JONATHAN LITTMAN Executive Producer: ED REDLICH Written by: ED REDLICH & HARRY LITMAN Directed by: PETER MARKLE ======================== END CREDITS ======================== JERRY BRUCKHEIMER Television CBS Productions Warner Bros. Television, An AOL Time Warner Company www.warnerbros.com Associate Producer: NANCY VAN DOORNEWAARD Executive Story Editor: ALLISON ABNER Director of Photography: JOHN PETERS Production Designer: AARON OSBORNE Edited by: SCOTT EILERS Music by PETER MANNING ROBINSON Theme by JOHNNY KLIMEK and REINHOLD HEIL Unit Production Manager: SCOTT "The Bear" MAITLAND First Assistant Director: KEN COLLINS Second Assistant Director: WENDY BLEDSOE Casting by: GARRY M. ZUCKERBROD, C.S.A. Casting by RONNA KRESS, C.S.A. and TRACY KAPLAN, C.S.A. Co-Starring THOMAS VINCENT KELLY as (Officer Thomas) Hurst Technical Advisor: MARK LLEWELLYN Set Decorator: JEANNIE GUNN, S.D.S.A. Property Master: JOHN HARRINGTON Costume Designer: ANE CRABTREE Costume Supervisor: SUE BUB Make-up Artist: TINA ROESLER KERWIN Hairstylist: STEPHEN A. ELSBREE Production Sound Mixer: JAY PATTERSON, C.A.S. Construction Coordinator: STEVEN DE SANTIS Lead Man: RON SICA Supervising Sound Editor: VICTOR IORILLO Music Supervisor: JASON ALEXANDER Music Editor: DAN RAZIEL Re-recording Mixers: YURI REESE / BILL SMITH Film Processing by FOTOKEM Main Title Design by SKIP FILM Visual Effects by CREO cbs.com FBI Technical Advisor: DENNIS BONELLI The producers wish to thank the New York office of the FBI for their help and cooperation. The characters and events depicted in this motion picture are fictional. Any similarity to any actual person, living or dead, or to any actual events, firms, and institutions or other entities, is coincidental and unintentional. This motion picture is protected under the Laws of the United States and other countries, and its unauthorized duplication, distribution or exhibition may result in civil liability and criminal prosecution. Copyright 2003 Warner Bros. Television. All Rights Reserved Country of first publication United States of America Production #175672 Warner Bros. Television is the author of this film/motion picture for the purpose of Article 15 (2) of the Berne Convention and all national laws giving effect therein. Dated:05/02/2003~lky http://www.webphilia.com/~anthology/wnp.html