Without a Trace s01e21 Episode Script
Are You Now Or Have You Ever Been?
- How'd you score that? - Mike the groundskeeper.
Mike sounds pretty cool.
You want one? Mr.
Spaulding.
All right, hand it over.
All right, now, go back to the dorms and wait for me.
Andy, come here.
I'd like to have a word with you.
Andy.
What did he want to talk to you about, Andy? - Did he want to talk to you about school? - No.
I mean, I don't think so.
Did he ask you to go someplace with him? - Objection, Your Honor.
- Your Honor, may we approach? This boy was kidnapped, drugged and dragged to a cave to be sexually abused.
Now he has to face the man responsible for that trauma for the first time in court.
I think we deserve some latitude.
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.
Okay.
Settle down, both of you.
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, I want you to think back and tell me what actually happened.
Put aside what anyone has told you.
I want to hear what you remember about that day.
I can't.
Sorry.
I'm sorry.
- What do you know about bog turtles? - Bog turtles? Apparently, they're an endangered species.
- Bog turtles.
Who knew? - The great state of New Jersey did.
Yesterday, they sent a dozen bog-turtle counters into the wetland south of Rutherford.
But instead of turtles, they found her.
- Who is it? - Body's been there four or five months.
Medical examiner says an ID is gonna be tough.
Here's something you're gonna find interesting.
They found a sweatshirt next to the body.
- A red New York Giants sweatshirt.
- Oh, my God.
You're thinking Carrie Wilkins, right? 'Cause I'm thinking Carrie Wilkins.
She went missing, what, five months ago? The time frame makes sense.
And there's been a couple of sightings in Jersey.
- Press have this? - No.
Then let's wait for a positive ID before we notify the family.
- It's still our case.
- Okay.
- How'd it go? - Not good.
We just lost Andy Deaver as a witness.
How? The judge says he's not competent to testify.
- Damn.
- Rossi says it doesn't matter as long as we've got Spaulding's confession.
- And we're not gonna lose that, right? - No.
We're good.
Jack.
There have been some developments in the Anwar Samir case.
Oh, really? What's that? You know I did my report, and I gave you my conclusions.
As far as I'm concerned, Dr.
Samir's death was unavoidable.
- But? - But it seems that Washington still has some questions about it.
They want an OPR review.
Come on.
I'm in the middle of the Spaulding trial.
- Can't you-- - I am doing something.
I'm asking you to cooperate.
You don't cooperate with the OPR.
You bend over.
Don't give me the 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.
- Can't you shut this down? I'll go to the mat for you on this, but it's bigger than I am.
Jack, they're after your head.
It's your call, Jack.
Both of you get out of the building! There's a bomb in here! Anwar, drop the gun! Go ahead.
How can Andy not remember anything? One of the body's defense mechanisms.
The brain shuts out the trauma.
But Spaulding basically confessed to you in the car, right? He took you right to him.
Except now his lawyer wants to keep that out, too.
Based on what? Spaulding's claiming he asked for a lawyer during the drive in - and that we just flat-out refused him.
- That's crazy.
- It is crazy, right? - Yes, it is.
What's going on? Washington wants an internal review of the Anwar Samir case.
The OPR investigator is gonna talk to each of you separately - and I want you to cooperate fully.
- Wait a minute.
If the facts about the Samir case are in Van Doran's report why are they opening this up again? You're assuming they're looking for facts.
Sounds like they're just looking for a body.
We answer truthfully, give him what he wants and get him the hell out of here.
Okay? I'd like to introduce you all to Special Agent Jason Farrell Iead investigator, Office of Professional Responsibility.
This is Agent Jack Malone.
Agent Vivian-- We can skip the introductions.
I know who you all are.
I assume we'll have the chance to get to know each other better.
I have some Advice of Rights forms I need you to sign.
That'll give you a sense of how things'll work.
Then I'd like to begin.
Advice of Rights? You have a problem with that, Agent Taylor? Let me guess, we have the right to not cooperate and you have the right to fire us if we don't.
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 gonna do it.
Agent Fitzgerald, whenever you're ready, I'd like to begin with you.
Thank you for your cooperation.
You heard the man.
- You gonna play ball with this guy? - I got no choice.
Please, Agent Fitzgerald, have a seat.
Can I get you anything? - Water or something? - I'm good, thanks.
By the way, I met your dad.
He's an impressive man.
- Right.
- Shall we get started? Spaulding will testify that he asked you repeatedly for a lawyer in that car.
- Spaulding's a liar.
- Good to hear.
But if the Judge doesn't agree, everything Spaulding said in that car and all the evidence derived from those statements has to be suppressed.
I don't think he'll throw this out but we have to give him some basis to reject Spaulding's claim.
That shouldn't be too hard.
Actually, Agent Malone, that's what I wanted to talk with you about.
This is one of the sloppiest cases I've worked.
And believe me, Judge Adderly knows it.
Your Agent Taylor screwed up the search warrant.
The seizure of those photographs from his house was outrageous.
I hope you and Fitzgerald didn't mess up that interrogation because if he excludes those statements, we're done.
I am telling you that Graham Spaulding did not request a lawyer in that car.
No disrespect, but given your past with this judge I'd prefer if Martin was the one to testify to that.
I'm fine with that.
Both of you, get out! There's a bomb in the building! - Anwar, drop the gun! - It's your call, Jack.
Okay.
I didn't do anything wrong.
- I know.
- Okay? I was just trying to get everyone out of the building.
Come on, man.
Please just lower your gun.
No, don't do that! Agent Fitzgerald.
In your professional opinion was there any way Anwar Samir's death could have been avoided? Given the information that was available the fact that this man had killed before that there was the possibility of a bomb at the residence hall I believe that the SWAT team acted appropriately.
Clearly, yes.
Once you were trapped in that lobby, it was the endgame.
But I'm wondering if you've done any second-guessing as to why things got that far.
- I try not to second-guess.
- Really? As I read the record of this case you've done a lot of second-guessing.
- Appropriately so, I might add.
- I'm not sure what you mean.
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.
There was a small incident over a surveillance photograph.
I shared the photo with Harrington prior to clearing it with Agent Malone.
That was improper procedure.
He pointed that out to me.
We cleared the air.
Did Agent Malone believe he was the only one qualified to evaluate that evidence? He felt we shouldn't jump to the conclusion that Dr.
Samir was a terrorist.
This wasn't a turf war.
It was about reporting channels.
Really? If anyone rushed to judgment in the Samir case, it was me.
I made some mistakes.
Mistakes which may have cost Dr.
Samir his life.
And I'm gonna have to live with that.
You've got nothing to worry about from this end.
That's not what I meant.
I think I have everything I need right now.
Thanks for your cooperation.
- How'd it go? - It went fine.
Jack Malone is a very talented agent and I understand why you respect him, son.
But he's a free swinger.
Sometimes free swingers hit it out of the park.
But a lot of the time, they miss the ball completely.
- So what are you telling me? - 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.
Hi, Margaret, is my dad in? Okay.
No, just have him call me when he gets back.
Yeah.
Thanks.
He's making it look like you were keeping information from the JTTF so you could get all the glory for yourself.
It's nuts.
What's nuts is you telling me about your private conversation with an OPR investigator.
He was playing me, bringing stuff out of context, twisting facts.
He's supposed to do it.
It's his job.
This isn't about the team.
It's about you.
I appreciate you trying to help me, but I can take care of myself.
You look good.
I wish I could say the same for you.
I hear they're quite fond of child molesters in prison.
I thought we had an understanding.
We do.
We were driving.
And it was raining terribly.
I could barely see out the window.
After a few minutes I realized we were definitely not heading to New York City.
Martin, take a left up here.
That's not the way to the thruway.
What did you do when you realized the agents weren't taking you to the city? Naturally, I was concerned.
I immediately informed them that I wanted a lawyer.
And I would answer questions only when I had one.
- Did they stop questioning you? - No.
They interrogated me for the next two hours.
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 gonna do.
I'm gonna give you 15 minutes with him, if you tell me where he is.
You can do whatever you want.
Mr.
Spaulding, prior to getting into the car with Agents Malone and Fitzgerald had you requested an attorney? Yes.
When I was in jail in Westchester they told me that I was going to be turned over to federal custody.
I thought to myself, "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.
As I just said since I was not at the hospital the day Dr.
Samir was killed I don't feel comfortable commenting on the decisions that were made that day.
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.
Samir was a terrorist? Personally convinced? No.
Did we consider it a possibility? Yes.
Did Agent Malone become convinced? Maybe you should ask Agent Malone that question.
Agent Taylor, on a slightly different note do you recall someone named Goran Dovitz, a small-time talent agent, I think.
- Is it Dovitz? - Yes, it's Dovitz.
He was a pimp.
A drug dealer.
And I busted him.
Unfortunately, this Mr.
Dovitz filed an excessive force complaint against you.
- Rather detailed.
- You never met the guy.
Did Agent Malone condone this type of interrogation? The complaint was dismissed.
Nothing's ever really dismissed at the Bureau, Agent Taylor.
Let me see.
We have another incident here involving a man named Radio.
You don't mind if I take a DNA sample of your hair, do you? You messing with my braid, man! I got it.
- You ready to tell me the truth? - I didn't kill him, man! He deserve it, too? What is this about? This is about cleaning things up around here, Agent Taylor.
I want you to think hard about that, go home come back tomorrow we'll talk some more about the Samir case and Jack Malone.
Were you able to hear the conversation between Mr.
Spaulding and Malone - during your entire drive? - Yes, I was.
And at any time during the drive did Mr.
Spaulding request a lawyer? No, he did not.
Did he ever make a reference to a lawyer, attorney, a representative of any kind? - No, he did not.
- Your witness.
Agent Fitzgerald, when you say he never asked for a lawyer during the ride are you saying it's possible he could have asked for a lawyer at some other time? I'm saying he never requested a lawyer at any time.
Thank you.
Nothing else.
Your Honor, at this time we'd like to call Officer Thomas Hurst of the Chappaqua Police Department.
Who the hell is that? I have no idea.
I just got a call from Carrie Wilkins' parents.
They heard a radio report that we had found their daughter's body.
- But we don't know that yet? - I know.
- What did you tell them? - Pretty much that.
I said we were still doing dental comparisons.
- We didn't know anything for sure.
- Oh, jeez.
How'd it go? We're not supposed to talk about it, so let's not talk about it, okay? If the OPR is after Jack, we all gotta get in line.
- Maybe you should say that to Martin.
- What? What's that supposed to mean? It means that Farrell interrogated me for two hours and didn't mention Agent Fitzgerald once.
And? You forgot Martin was the leader of the "Anwar Samir is a Terrorist" parade? Okay, Danny, he was just doing his job.
You know, guys, we gotta stick together on this.
That is my point exactly.
We don't have Daddy Dearest covering our asses all the way from Washington.
We don't.
I'm not gonna roll on anybody, all right? I hope Martin can say the same.
But that bastard is on a witch hunt, and I won't go down for this.
Officer Hurst, have you ever seen the defendant, Graham Spaulding? Yeah, last October.
I did a stint at our holding facility in Westchester.
They had him on a couple of vice counts with a minor.
During that time, did Mr.
Spaulding ever request the assistance of counsel? - Yes, he did.
- Can you be more specific? 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.
Did you tell anyone at the FBI about Mr.
Spaulding's request for a lawyer? Yeah, I called the New York office, spoke with an Agent Van Doran.
I informed her that the suspect was ready for transfer and that he requested an attorney.
Officer Hurst, apart from Agent Van Doran did you ever tell anyone else at the FBI about Mr.
Spaulding's request for counsel? - Yes, I did.
- And who was that? Agent Martin Fitzgerald.
Please tell the court when and how you made Agent Fitzgerald aware of Mr.
Spaulding's request? When I spoke with Agent Van Doran she told me I needed to coordinate the prisoner's transfer with Agent Fitzgerald who was going to drive him down.
She gave me his cell phone number, asked me to call him and set it up.
- And did you call Agent Fitzgerald? - Yes, I did.
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.
What did Agent Fitzgerald say when you told him about Mr.
Spaulding's request? He said, "Okay," and hung up.
A little while later, they came and put him in the car.
Thank you, officer.
Ms.
Rossi? For the government? Nothing at this time, your Honor.
So your statement is you believe Agent Malone's handling of the Samir case - was both appropriate and professional.
- Absolutely.
And that the two of you had no difference of opinion - with regard to tactical strategy.
- Not really, no.
Well, according to Agent Malone's own report you approached him with your concern about jumping too quickly to the conclusion that Samir was a terrorist.
We may have talked about it.
Would you mind characterizing your conversation for me, please? I think you're making a mistake.
I think that you have jumped the gun bringing in JTTF.
That's my call.
But just think about it.
After this investigation do you think Anwar will be able to get a job in his field? It's not my problem.
If any of this is making you uncomfortable, I can transfer you to another case.
Threatening to reassign you because you challenged one of his decisions? In cases like this, emotions tend to run fairly high, Agent Farrell.
I'm sure they do.
One other thing, Agent Spade.
Have you and Agent Malone ever had a sexual relationship? I beg your pardon? Unless you'll go Clinton on me, it's a fairly direct question.
- You've no right to ask me that.
- Actually, I do.
Administrative Operations Procedures of the FBI Section 23: "A supervising agent," that would be Agent Malone "is strictly forbidden from having a sexual relationship "with an agent in his immediate reporting chain.
" - That'd be you.
- I'll not respond to this.
We are not done! - Samantha-- - Agent Spade.
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.
I don't know who the hell that cop is.
I swear he never called me.
I know.
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.
That guy never called me.
I know he didn't.
He called me.
What? - He called me.
- When? When we were in Westchester.
We were waiting to process Spaulding.
I was on the phone with Vivian and you went out to get a soda or something.
Just hang on a second.
Martin, your phone.
Hang on, Viv, I just gotta get this.
Yeah.
I got your prisoner ready for you.
He's in the holding cell all neat and pretty.
You're not getting anything out ofhim.
Guy lawyered up as soon as he heard you were coming.
-Okay? - Okay.
Thanks.
Why the hell didn't you tell me this before? It wouldn't make a difference to you or the case.
Are you kidding me? It looks like I perjured myself.
I was hoping that they wouldn't find that cop.
I'm sorry, there was no other way.
Even if I knew the truth, I'd have come to save the kid.
That wasn't enough.
- I needed to know that you would testify.
- What, by lying to me? Was there a choice? Perjure yourself or let Spaulding walk.
That should've been my decision.
You'd no right to hide facts from me.
- We're supposed to be a team! - I just couldn't take the chance.
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.
He asked me about us.
He had all this stuff.
Security card access records of nights that we left together.
Phone logs.
- What'd you say? - I told him it wasn't true.
You have no idea of what he knows or doesn't know.
That's his ace up the sleeve.
That's how he wins.
- I was trying to protect you.
- But you didn't have to lie.
Even if he had evidence, there's nothing he could do.
We broke at least half a dozen conduct codes.
And lying to an OPR investigator could get you fired.
And sleeping with an agent under your command could get you fired.
I'm sorry I lied.
I was just trying to save your ass.
You wanna take me down, fine.
Give it your best shot.
We weren't scheduled to meet.
You come into my house and mess with my people - you better not miss, you little pisswad.
- Leave right now.
This is where I work, you pencil-pushing little maggot.
This is where I work! And not the kind of crap that you do! - I don't push through people's garbage! - Are you threatening me? - You take it any way you want.
- Agent Farrell.
Are you ready? I think now is a good time for me.
We couldn't get a dental match with Carrie Wilkins.
So we're gonna run her DNA.
Tough day in court? Yeah, thanks to Jack.
That's nice.
Is that what you told Farrell? - You should be careful what you say.
- That's good advice.
Maybe you should've taken it before you went into Farrell's office and ratted me out.
Ratted you out? How did he find out that I roughed up Radio? - I didn't say a word about that.
- Right.
Come on, you only bragged to half the office about it.
How the hell do you think he heard? By the way, we lose Spaulding - you can take some credit for that.
- Excuse me? If you hadn't taken those pictures without a warrant we wouldn't be under scrutiny.
Why don't you ask your father about it? - What you talking about? - The free ride you get here.
Give me a break.
Everybody knows the OPR doesn't just randomly select its targets.
Somebody sicced that dog on Jack.
If you ask me there's a certain Deputy Director in Washington that knows exactly why.
Would you say Agent Malone was less than cooperative - with Abner Harrington and the JTTF? - No.
Did you witness any difference of opinion between Harrington and Agent Malone? I did not.
You're very loyal, aren't you, Agent Johnson? Is that a question? It's an observation.
You've had a very impressive career at the Bureau.
- I've done okay.
- You're being modest.
Four DOJ performance awards, several certificates of achievement-- 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.
Well, that's not so true, is it? I see a number of applications for supervisor positions inquiry letters of unit chiefs at several locations.
Truth is, you do have ambitions, don't you? - I was exploring opportunities.
- 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 the badge.
It's kid stuff.
But you.
You have a family to think about.
And I want you to know, Washington's very aware - and should a position become available-- - Agent Farrell there is no way in hell that I'm gonna help you take down Jack Malone.
Agent Johnson Jack Malone is going down, with you or without you.
It's your choice.
I'm telling you, Jack, Martin's testimony is discredited.
You have the word of a federal agent versus that of a small-town cop.
How could it be discredited? A small-town cop with no motivation to lie before a judge who is just about at his limit, that's how.
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? Yes.
So, we put you up there.
You testify you had no knowledge of the request for counsel.
Even that cop doesn't say you knew.
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? Yes, I can do that.
Thanks a lot, gentlemen.
I know these are boring, but 8:00 tea time tomorrow.
See you then.
I hope this is not another one of your surprise interrogations.
- Why're you doing this? - Excuse me? 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? Somebody has to be the fall guy? Or do you have a personal vendetta against Jack Malone? I want you to be quiet now, and hear me out.
Yes, I was informed that the New York office was gonna be held accountable for the death of Anwar Samir.
I did not approve of that, but that's what the DOJ wanted.
I also did not approve of the agent they had chosen to sacrifice in this process.
The young agent who, by all accounts Ied the charge to have Dr.
Samir considered a terrorist.
I was the target.
Fortunately, there was something I could do about it.
So I suggested they refocus the investigation-- Refocus the investigation onto Jack.
Given what's gone on in the last few months, Martin it wasn't that difficult.
You're wrong about Jack.
He's a great agent, and you're gonna ruin his career.
I'm saving yours.
When are you gonna realize that I don't need your help? Just stay out of my life.
-Jack, you can't.
-Yeah, you just watch me.
You can't lie in court.
You think I'm gonna let Spaulding walk away? He kills and abuses children.
He's done it twice, he'll do it again.
So could you live with yourself? I can live with one less pedophile being on the street.
You compromise your sense of right, and there's one less of you.
I have a feeling there'll be one less of me anyway.
If I'm going down, I'm taking Spaulding with me.
All right, we know that Farrell's a bastard.
But he can't beat you unless you let him.
What do you want me to do, Viv? I am screwed either way.
I know.
- I gotta get home.
- So go.
Agent Malone are you the only one who questioned Mr.
Spaulding during that drive? Yes.
- Did you ever hear him request a lawyer? - No.
- Did he ever mention a lawyer? - No, he did not.
- Did you ever mention a lawyer to him? - No, I didn't.
You are aware, Agent Malone, that Mr.
Spaulding has testified that he repeatedly asked for a lawyer during the time in the car? I would say that Mr.
Spaulding's testimony is inaccurate.
Thank you.
No further questions.
Your witness.
Actually, Ms.
Rossi, I am not done with my testimony.
I'm sorry, I said no further questions.
- There is another issue I need to address.
- Thank you-- Telephone conversation between Officer Hurst and Agent Fitzgerald regarding Mr.
Spaulding's request for a lawyer.
Your Honor, I've concluded my questioning.
Then I'll take it from here.
- Your Honor, if l-- - Ms.
Rossi, thank you.
Go on, Agent Malone.
Do you have any reason to doubt the accuracy of Officer Hurst's testimony? - Yes, Your Honor, I do.
- And why is that? Because I'm the one who took the call from Officer Hurst.
Please proceed, Agent Malone.
You have my complete attention.
- Mr.
Farrell.
- Yes.
You suggested I come back today if I reconsidered? - And you have? - I have.
So have my colleagues.
We think we understand your Advice of Rights form now.
As it turns out, you have the right to be a miserable little bastard.
And we have the right to tell you to shove it.
Have you lost your minds? - You should go home now.
- I'll leave when my work is done.
Knock yourself out.
And that was it.
Andrew Deaver was exactly where Mr.
Spaulding had indicated.
He's in bad shape, but he's gonna make it.
Agent Malone.
Do I get my 15 minutes now? Your 15 minutes are over.
You knowingly and willfully violated this man's right to be questioned with an attorney present.
What were you thinking? 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 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: Given the same set of circumstances, I would do exactly the same thing.
Because my primary responsibility was to save Andy Deaver.
That's my job.
So you guys just tore them up? Farrell had the originals.
We tore up copies.
It was more of a symbolic gesture.
I appreciate the gesture and the symbolism.
- You were right, you know.
- About what? It was dumb to lie to Farrell.
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.
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 ever happened, you know? I know.
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.
" It is over, isn't it? Yeah, it's over.
You got a minute? Yeah.
- Any word from the court? - Nope.
- You could've told me about the cop.
- You could've told me about the cop.
You could've told me you were driving Spaulding to the caves.
There was no way I was gonna leave that boy to die.
You made your own bed on this, 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.
This is my letter of resignation.
- Good luck, man.
- Thanks.
When this is all over, and you and I are looking for our next gig I just want you to know that I think we'd make a hell of a team.
- What, selling shoes? - Shoes, boots, pumps.
Whatever.
Sounds good to me.
Dad? Where's Farrell? Agent Farrell is going back to Washington.
He had some other affairs to attend to.
What does that mean? It means I've been thinking about what you said about what I just heard Jack Malone say.
Or maybe he was tougher to bring down than you thought.
Believe what you want.
So just like that, it goes away.
I suspect there will be a letter of reprimand in your file.
But I imagine you can live that one down without any help from me.
I'll tell your mother you're looking well.
Am I supposed to thank you? He's a good kid.
Take care of him.
Jack, Adderly has a decision.
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.
Case dismissed.
I guess my 15 minutes aren't up after all.
I just spoke to Van Doran.
You're not serious.
Better believe it.
Jack, we got a positive ID on that girl they found in Jersey.
It's Carrie Wilkins.
You've got some work to do.
They found skin and paint chips under her fingernails.
Let's see if they're traceable.
Didn't one of our suspects work in a body shop? The neighbor.
Out in Woodmere.
I'm on it.
Any evidence of sexual assault? I'm waiting for forensics to get back to me.
What about the head wound? Consistent with a round, blunt object.
- Baseball bat.
- Could be.
- Anybody contacted the parents? - No, not yet.
Martin and Samantha, I want you to stay on the body.
Danny, stay with Forensics.
Vivian, coordinate this with the Jersey State Troopers.
I'm gonna go talk to the parents.
Mike sounds pretty cool.
You want one? Mr.
Spaulding.
All right, hand it over.
All right, now, go back to the dorms and wait for me.
Andy, come here.
I'd like to have a word with you.
Andy.
What did he want to talk to you about, Andy? - Did he want to talk to you about school? - No.
I mean, I don't think so.
Did he ask you to go someplace with him? - Objection, Your Honor.
- Your Honor, may we approach? This boy was kidnapped, drugged and dragged to a cave to be sexually abused.
Now he has to face the man responsible for that trauma for the first time in court.
I think we deserve some latitude.
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.
Okay.
Settle down, both of you.
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, I want you to think back and tell me what actually happened.
Put aside what anyone has told you.
I want to hear what you remember about that day.
I can't.
Sorry.
I'm sorry.
- What do you know about bog turtles? - Bog turtles? Apparently, they're an endangered species.
- Bog turtles.
Who knew? - The great state of New Jersey did.
Yesterday, they sent a dozen bog-turtle counters into the wetland south of Rutherford.
But instead of turtles, they found her.
- Who is it? - Body's been there four or five months.
Medical examiner says an ID is gonna be tough.
Here's something you're gonna find interesting.
They found a sweatshirt next to the body.
- A red New York Giants sweatshirt.
- Oh, my God.
You're thinking Carrie Wilkins, right? 'Cause I'm thinking Carrie Wilkins.
She went missing, what, five months ago? The time frame makes sense.
And there's been a couple of sightings in Jersey.
- Press have this? - No.
Then let's wait for a positive ID before we notify the family.
- It's still our case.
- Okay.
- How'd it go? - Not good.
We just lost Andy Deaver as a witness.
How? The judge says he's not competent to testify.
- Damn.
- Rossi says it doesn't matter as long as we've got Spaulding's confession.
- And we're not gonna lose that, right? - No.
We're good.
Jack.
There have been some developments in the Anwar Samir case.
Oh, really? What's that? You know I did my report, and I gave you my conclusions.
As far as I'm concerned, Dr.
Samir's death was unavoidable.
- But? - But it seems that Washington still has some questions about it.
They want an OPR review.
Come on.
I'm in the middle of the Spaulding trial.
- Can't you-- - I am doing something.
I'm asking you to cooperate.
You don't cooperate with the OPR.
You bend over.
Don't give me the 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.
- Can't you shut this down? I'll go to the mat for you on this, but it's bigger than I am.
Jack, they're after your head.
It's your call, Jack.
Both of you get out of the building! There's a bomb in here! Anwar, drop the gun! Go ahead.
How can Andy not remember anything? One of the body's defense mechanisms.
The brain shuts out the trauma.
But Spaulding basically confessed to you in the car, right? He took you right to him.
Except now his lawyer wants to keep that out, too.
Based on what? Spaulding's claiming he asked for a lawyer during the drive in - and that we just flat-out refused him.
- That's crazy.
- It is crazy, right? - Yes, it is.
What's going on? Washington wants an internal review of the Anwar Samir case.
The OPR investigator is gonna talk to each of you separately - and I want you to cooperate fully.
- Wait a minute.
If the facts about the Samir case are in Van Doran's report why are they opening this up again? You're assuming they're looking for facts.
Sounds like they're just looking for a body.
We answer truthfully, give him what he wants and get him the hell out of here.
Okay? I'd like to introduce you all to Special Agent Jason Farrell Iead investigator, Office of Professional Responsibility.
This is Agent Jack Malone.
Agent Vivian-- We can skip the introductions.
I know who you all are.
I assume we'll have the chance to get to know each other better.
I have some Advice of Rights forms I need you to sign.
That'll give you a sense of how things'll work.
Then I'd like to begin.
Advice of Rights? You have a problem with that, Agent Taylor? Let me guess, we have the right to not cooperate and you have the right to fire us if we don't.
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 gonna do it.
Agent Fitzgerald, whenever you're ready, I'd like to begin with you.
Thank you for your cooperation.
You heard the man.
- You gonna play ball with this guy? - I got no choice.
Please, Agent Fitzgerald, have a seat.
Can I get you anything? - Water or something? - I'm good, thanks.
By the way, I met your dad.
He's an impressive man.
- Right.
- Shall we get started? Spaulding will testify that he asked you repeatedly for a lawyer in that car.
- Spaulding's a liar.
- Good to hear.
But if the Judge doesn't agree, everything Spaulding said in that car and all the evidence derived from those statements has to be suppressed.
I don't think he'll throw this out but we have to give him some basis to reject Spaulding's claim.
That shouldn't be too hard.
Actually, Agent Malone, that's what I wanted to talk with you about.
This is one of the sloppiest cases I've worked.
And believe me, Judge Adderly knows it.
Your Agent Taylor screwed up the search warrant.
The seizure of those photographs from his house was outrageous.
I hope you and Fitzgerald didn't mess up that interrogation because if he excludes those statements, we're done.
I am telling you that Graham Spaulding did not request a lawyer in that car.
No disrespect, but given your past with this judge I'd prefer if Martin was the one to testify to that.
I'm fine with that.
Both of you, get out! There's a bomb in the building! - Anwar, drop the gun! - It's your call, Jack.
Okay.
I didn't do anything wrong.
- I know.
- Okay? I was just trying to get everyone out of the building.
Come on, man.
Please just lower your gun.
No, don't do that! Agent Fitzgerald.
In your professional opinion was there any way Anwar Samir's death could have been avoided? Given the information that was available the fact that this man had killed before that there was the possibility of a bomb at the residence hall I believe that the SWAT team acted appropriately.
Clearly, yes.
Once you were trapped in that lobby, it was the endgame.
But I'm wondering if you've done any second-guessing as to why things got that far.
- I try not to second-guess.
- Really? As I read the record of this case you've done a lot of second-guessing.
- Appropriately so, I might add.
- I'm not sure what you mean.
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.
There was a small incident over a surveillance photograph.
I shared the photo with Harrington prior to clearing it with Agent Malone.
That was improper procedure.
He pointed that out to me.
We cleared the air.
Did Agent Malone believe he was the only one qualified to evaluate that evidence? He felt we shouldn't jump to the conclusion that Dr.
Samir was a terrorist.
This wasn't a turf war.
It was about reporting channels.
Really? If anyone rushed to judgment in the Samir case, it was me.
I made some mistakes.
Mistakes which may have cost Dr.
Samir his life.
And I'm gonna have to live with that.
You've got nothing to worry about from this end.
That's not what I meant.
I think I have everything I need right now.
Thanks for your cooperation.
- How'd it go? - It went fine.
Jack Malone is a very talented agent and I understand why you respect him, son.
But he's a free swinger.
Sometimes free swingers hit it out of the park.
But a lot of the time, they miss the ball completely.
- So what are you telling me? - 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.
Hi, Margaret, is my dad in? Okay.
No, just have him call me when he gets back.
Yeah.
Thanks.
He's making it look like you were keeping information from the JTTF so you could get all the glory for yourself.
It's nuts.
What's nuts is you telling me about your private conversation with an OPR investigator.
He was playing me, bringing stuff out of context, twisting facts.
He's supposed to do it.
It's his job.
This isn't about the team.
It's about you.
I appreciate you trying to help me, but I can take care of myself.
You look good.
I wish I could say the same for you.
I hear they're quite fond of child molesters in prison.
I thought we had an understanding.
We do.
We were driving.
And it was raining terribly.
I could barely see out the window.
After a few minutes I realized we were definitely not heading to New York City.
Martin, take a left up here.
That's not the way to the thruway.
What did you do when you realized the agents weren't taking you to the city? Naturally, I was concerned.
I immediately informed them that I wanted a lawyer.
And I would answer questions only when I had one.
- Did they stop questioning you? - No.
They interrogated me for the next two hours.
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 gonna do.
I'm gonna give you 15 minutes with him, if you tell me where he is.
You can do whatever you want.
Mr.
Spaulding, prior to getting into the car with Agents Malone and Fitzgerald had you requested an attorney? Yes.
When I was in jail in Westchester they told me that I was going to be turned over to federal custody.
I thought to myself, "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.
As I just said since I was not at the hospital the day Dr.
Samir was killed I don't feel comfortable commenting on the decisions that were made that day.
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.
Samir was a terrorist? Personally convinced? No.
Did we consider it a possibility? Yes.
Did Agent Malone become convinced? Maybe you should ask Agent Malone that question.
Agent Taylor, on a slightly different note do you recall someone named Goran Dovitz, a small-time talent agent, I think.
- Is it Dovitz? - Yes, it's Dovitz.
He was a pimp.
A drug dealer.
And I busted him.
Unfortunately, this Mr.
Dovitz filed an excessive force complaint against you.
- Rather detailed.
- You never met the guy.
Did Agent Malone condone this type of interrogation? The complaint was dismissed.
Nothing's ever really dismissed at the Bureau, Agent Taylor.
Let me see.
We have another incident here involving a man named Radio.
You don't mind if I take a DNA sample of your hair, do you? You messing with my braid, man! I got it.
- You ready to tell me the truth? - I didn't kill him, man! He deserve it, too? What is this about? This is about cleaning things up around here, Agent Taylor.
I want you to think hard about that, go home come back tomorrow we'll talk some more about the Samir case and Jack Malone.
Were you able to hear the conversation between Mr.
Spaulding and Malone - during your entire drive? - Yes, I was.
And at any time during the drive did Mr.
Spaulding request a lawyer? No, he did not.
Did he ever make a reference to a lawyer, attorney, a representative of any kind? - No, he did not.
- Your witness.
Agent Fitzgerald, when you say he never asked for a lawyer during the ride are you saying it's possible he could have asked for a lawyer at some other time? I'm saying he never requested a lawyer at any time.
Thank you.
Nothing else.
Your Honor, at this time we'd like to call Officer Thomas Hurst of the Chappaqua Police Department.
Who the hell is that? I have no idea.
I just got a call from Carrie Wilkins' parents.
They heard a radio report that we had found their daughter's body.
- But we don't know that yet? - I know.
- What did you tell them? - Pretty much that.
I said we were still doing dental comparisons.
- We didn't know anything for sure.
- Oh, jeez.
How'd it go? We're not supposed to talk about it, so let's not talk about it, okay? If the OPR is after Jack, we all gotta get in line.
- Maybe you should say that to Martin.
- What? What's that supposed to mean? It means that Farrell interrogated me for two hours and didn't mention Agent Fitzgerald once.
And? You forgot Martin was the leader of the "Anwar Samir is a Terrorist" parade? Okay, Danny, he was just doing his job.
You know, guys, we gotta stick together on this.
That is my point exactly.
We don't have Daddy Dearest covering our asses all the way from Washington.
We don't.
I'm not gonna roll on anybody, all right? I hope Martin can say the same.
But that bastard is on a witch hunt, and I won't go down for this.
Officer Hurst, have you ever seen the defendant, Graham Spaulding? Yeah, last October.
I did a stint at our holding facility in Westchester.
They had him on a couple of vice counts with a minor.
During that time, did Mr.
Spaulding ever request the assistance of counsel? - Yes, he did.
- Can you be more specific? 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.
Did you tell anyone at the FBI about Mr.
Spaulding's request for a lawyer? Yeah, I called the New York office, spoke with an Agent Van Doran.
I informed her that the suspect was ready for transfer and that he requested an attorney.
Officer Hurst, apart from Agent Van Doran did you ever tell anyone else at the FBI about Mr.
Spaulding's request for counsel? - Yes, I did.
- And who was that? Agent Martin Fitzgerald.
Please tell the court when and how you made Agent Fitzgerald aware of Mr.
Spaulding's request? When I spoke with Agent Van Doran she told me I needed to coordinate the prisoner's transfer with Agent Fitzgerald who was going to drive him down.
She gave me his cell phone number, asked me to call him and set it up.
- And did you call Agent Fitzgerald? - Yes, I did.
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.
What did Agent Fitzgerald say when you told him about Mr.
Spaulding's request? He said, "Okay," and hung up.
A little while later, they came and put him in the car.
Thank you, officer.
Ms.
Rossi? For the government? Nothing at this time, your Honor.
So your statement is you believe Agent Malone's handling of the Samir case - was both appropriate and professional.
- Absolutely.
And that the two of you had no difference of opinion - with regard to tactical strategy.
- Not really, no.
Well, according to Agent Malone's own report you approached him with your concern about jumping too quickly to the conclusion that Samir was a terrorist.
We may have talked about it.
Would you mind characterizing your conversation for me, please? I think you're making a mistake.
I think that you have jumped the gun bringing in JTTF.
That's my call.
But just think about it.
After this investigation do you think Anwar will be able to get a job in his field? It's not my problem.
If any of this is making you uncomfortable, I can transfer you to another case.
Threatening to reassign you because you challenged one of his decisions? In cases like this, emotions tend to run fairly high, Agent Farrell.
I'm sure they do.
One other thing, Agent Spade.
Have you and Agent Malone ever had a sexual relationship? I beg your pardon? Unless you'll go Clinton on me, it's a fairly direct question.
- You've no right to ask me that.
- Actually, I do.
Administrative Operations Procedures of the FBI Section 23: "A supervising agent," that would be Agent Malone "is strictly forbidden from having a sexual relationship "with an agent in his immediate reporting chain.
" - That'd be you.
- I'll not respond to this.
We are not done! - Samantha-- - Agent Spade.
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.
I don't know who the hell that cop is.
I swear he never called me.
I know.
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.
That guy never called me.
I know he didn't.
He called me.
What? - He called me.
- When? When we were in Westchester.
We were waiting to process Spaulding.
I was on the phone with Vivian and you went out to get a soda or something.
Just hang on a second.
Martin, your phone.
Hang on, Viv, I just gotta get this.
Yeah.
I got your prisoner ready for you.
He's in the holding cell all neat and pretty.
You're not getting anything out ofhim.
Guy lawyered up as soon as he heard you were coming.
-Okay? - Okay.
Thanks.
Why the hell didn't you tell me this before? It wouldn't make a difference to you or the case.
Are you kidding me? It looks like I perjured myself.
I was hoping that they wouldn't find that cop.
I'm sorry, there was no other way.
Even if I knew the truth, I'd have come to save the kid.
That wasn't enough.
- I needed to know that you would testify.
- What, by lying to me? Was there a choice? Perjure yourself or let Spaulding walk.
That should've been my decision.
You'd no right to hide facts from me.
- We're supposed to be a team! - I just couldn't take the chance.
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.
He asked me about us.
He had all this stuff.
Security card access records of nights that we left together.
Phone logs.
- What'd you say? - I told him it wasn't true.
You have no idea of what he knows or doesn't know.
That's his ace up the sleeve.
That's how he wins.
- I was trying to protect you.
- But you didn't have to lie.
Even if he had evidence, there's nothing he could do.
We broke at least half a dozen conduct codes.
And lying to an OPR investigator could get you fired.
And sleeping with an agent under your command could get you fired.
I'm sorry I lied.
I was just trying to save your ass.
You wanna take me down, fine.
Give it your best shot.
We weren't scheduled to meet.
You come into my house and mess with my people - you better not miss, you little pisswad.
- Leave right now.
This is where I work, you pencil-pushing little maggot.
This is where I work! And not the kind of crap that you do! - I don't push through people's garbage! - Are you threatening me? - You take it any way you want.
- Agent Farrell.
Are you ready? I think now is a good time for me.
We couldn't get a dental match with Carrie Wilkins.
So we're gonna run her DNA.
Tough day in court? Yeah, thanks to Jack.
That's nice.
Is that what you told Farrell? - You should be careful what you say.
- That's good advice.
Maybe you should've taken it before you went into Farrell's office and ratted me out.
Ratted you out? How did he find out that I roughed up Radio? - I didn't say a word about that.
- Right.
Come on, you only bragged to half the office about it.
How the hell do you think he heard? By the way, we lose Spaulding - you can take some credit for that.
- Excuse me? If you hadn't taken those pictures without a warrant we wouldn't be under scrutiny.
Why don't you ask your father about it? - What you talking about? - The free ride you get here.
Give me a break.
Everybody knows the OPR doesn't just randomly select its targets.
Somebody sicced that dog on Jack.
If you ask me there's a certain Deputy Director in Washington that knows exactly why.
Would you say Agent Malone was less than cooperative - with Abner Harrington and the JTTF? - No.
Did you witness any difference of opinion between Harrington and Agent Malone? I did not.
You're very loyal, aren't you, Agent Johnson? Is that a question? It's an observation.
You've had a very impressive career at the Bureau.
- I've done okay.
- You're being modest.
Four DOJ performance awards, several certificates of achievement-- 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.
Well, that's not so true, is it? I see a number of applications for supervisor positions inquiry letters of unit chiefs at several locations.
Truth is, you do have ambitions, don't you? - I was exploring opportunities.
- 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 the badge.
It's kid stuff.
But you.
You have a family to think about.
And I want you to know, Washington's very aware - and should a position become available-- - Agent Farrell there is no way in hell that I'm gonna help you take down Jack Malone.
Agent Johnson Jack Malone is going down, with you or without you.
It's your choice.
I'm telling you, Jack, Martin's testimony is discredited.
You have the word of a federal agent versus that of a small-town cop.
How could it be discredited? A small-town cop with no motivation to lie before a judge who is just about at his limit, that's how.
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? Yes.
So, we put you up there.
You testify you had no knowledge of the request for counsel.
Even that cop doesn't say you knew.
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? Yes, I can do that.
Thanks a lot, gentlemen.
I know these are boring, but 8:00 tea time tomorrow.
See you then.
I hope this is not another one of your surprise interrogations.
- Why're you doing this? - Excuse me? 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? Somebody has to be the fall guy? Or do you have a personal vendetta against Jack Malone? I want you to be quiet now, and hear me out.
Yes, I was informed that the New York office was gonna be held accountable for the death of Anwar Samir.
I did not approve of that, but that's what the DOJ wanted.
I also did not approve of the agent they had chosen to sacrifice in this process.
The young agent who, by all accounts Ied the charge to have Dr.
Samir considered a terrorist.
I was the target.
Fortunately, there was something I could do about it.
So I suggested they refocus the investigation-- Refocus the investigation onto Jack.
Given what's gone on in the last few months, Martin it wasn't that difficult.
You're wrong about Jack.
He's a great agent, and you're gonna ruin his career.
I'm saving yours.
When are you gonna realize that I don't need your help? Just stay out of my life.
-Jack, you can't.
-Yeah, you just watch me.
You can't lie in court.
You think I'm gonna let Spaulding walk away? He kills and abuses children.
He's done it twice, he'll do it again.
So could you live with yourself? I can live with one less pedophile being on the street.
You compromise your sense of right, and there's one less of you.
I have a feeling there'll be one less of me anyway.
If I'm going down, I'm taking Spaulding with me.
All right, we know that Farrell's a bastard.
But he can't beat you unless you let him.
What do you want me to do, Viv? I am screwed either way.
I know.
- I gotta get home.
- So go.
Agent Malone are you the only one who questioned Mr.
Spaulding during that drive? Yes.
- Did you ever hear him request a lawyer? - No.
- Did he ever mention a lawyer? - No, he did not.
- Did you ever mention a lawyer to him? - No, I didn't.
You are aware, Agent Malone, that Mr.
Spaulding has testified that he repeatedly asked for a lawyer during the time in the car? I would say that Mr.
Spaulding's testimony is inaccurate.
Thank you.
No further questions.
Your witness.
Actually, Ms.
Rossi, I am not done with my testimony.
I'm sorry, I said no further questions.
- There is another issue I need to address.
- Thank you-- Telephone conversation between Officer Hurst and Agent Fitzgerald regarding Mr.
Spaulding's request for a lawyer.
Your Honor, I've concluded my questioning.
Then I'll take it from here.
- Your Honor, if l-- - Ms.
Rossi, thank you.
Go on, Agent Malone.
Do you have any reason to doubt the accuracy of Officer Hurst's testimony? - Yes, Your Honor, I do.
- And why is that? Because I'm the one who took the call from Officer Hurst.
Please proceed, Agent Malone.
You have my complete attention.
- Mr.
Farrell.
- Yes.
You suggested I come back today if I reconsidered? - And you have? - I have.
So have my colleagues.
We think we understand your Advice of Rights form now.
As it turns out, you have the right to be a miserable little bastard.
And we have the right to tell you to shove it.
Have you lost your minds? - You should go home now.
- I'll leave when my work is done.
Knock yourself out.
And that was it.
Andrew Deaver was exactly where Mr.
Spaulding had indicated.
He's in bad shape, but he's gonna make it.
Agent Malone.
Do I get my 15 minutes now? Your 15 minutes are over.
You knowingly and willfully violated this man's right to be questioned with an attorney present.
What were you thinking? 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 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: Given the same set of circumstances, I would do exactly the same thing.
Because my primary responsibility was to save Andy Deaver.
That's my job.
So you guys just tore them up? Farrell had the originals.
We tore up copies.
It was more of a symbolic gesture.
I appreciate the gesture and the symbolism.
- You were right, you know.
- About what? It was dumb to lie to Farrell.
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.
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 ever happened, you know? I know.
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.
" It is over, isn't it? Yeah, it's over.
You got a minute? Yeah.
- Any word from the court? - Nope.
- You could've told me about the cop.
- You could've told me about the cop.
You could've told me you were driving Spaulding to the caves.
There was no way I was gonna leave that boy to die.
You made your own bed on this, 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.
This is my letter of resignation.
- Good luck, man.
- Thanks.
When this is all over, and you and I are looking for our next gig I just want you to know that I think we'd make a hell of a team.
- What, selling shoes? - Shoes, boots, pumps.
Whatever.
Sounds good to me.
Dad? Where's Farrell? Agent Farrell is going back to Washington.
He had some other affairs to attend to.
What does that mean? It means I've been thinking about what you said about what I just heard Jack Malone say.
Or maybe he was tougher to bring down than you thought.
Believe what you want.
So just like that, it goes away.
I suspect there will be a letter of reprimand in your file.
But I imagine you can live that one down without any help from me.
I'll tell your mother you're looking well.
Am I supposed to thank you? He's a good kid.
Take care of him.
Jack, Adderly has a decision.
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.
Case dismissed.
I guess my 15 minutes aren't up after all.
I just spoke to Van Doran.
You're not serious.
Better believe it.
Jack, we got a positive ID on that girl they found in Jersey.
It's Carrie Wilkins.
You've got some work to do.
They found skin and paint chips under her fingernails.
Let's see if they're traceable.
Didn't one of our suspects work in a body shop? The neighbor.
Out in Woodmere.
I'm on it.
Any evidence of sexual assault? I'm waiting for forensics to get back to me.
What about the head wound? Consistent with a round, blunt object.
- Baseball bat.
- Could be.
- Anybody contacted the parents? - No, not yet.
Martin and Samantha, I want you to stay on the body.
Danny, stay with Forensics.
Vivian, coordinate this with the Jersey State Troopers.
I'm gonna go talk to the parents.