Jack Trimarco, former FBI agent and polygraph examiner, had prepared Tony to answer two very clear questions in Tony's polygraph retest, but that has never taken place. "We've tried to administer it on three different occasions, right? What's been the problem?" Dr. Phil asks Tony.
"I've been sick. Listen, the man told me, 'If you're not feeling as yourself, I advise you not to take it,'" he says.
"Well, there's been like three weeks between these, or maybe even more. So you've been sick the entire time?" Dr. Phil asks.
"I had kidney stones, and I have the flu," Tony says.
"Well, you sure looked good in the airport, Tony, afterward," Erin interjects.
"Since you took the first one, you've been sick pretty much nonstop?" Dr. Phil asks Tony.
"Not nonstop, but I've been sick," he says.
[AD]"But it spikes when you're here?" Dr. Phil asks. He points out that Alex and Tony recently took a trip to Daytona, and Tony felt healthy enough to do that, and they went to dinner in Los Angeles, and he enjoyed his meal. "You felt good enough to go to dinner. You felt good enough to go to Daytona, but you don't feel good enough to sit for 30, 45 minutes and answer two questions?"
"He told me that if I'm not feeling as myself, don't do it. 'I advise you not to do it. If there's anything wrong with you, don't do it,'" Tony says.
"Actually, Dr. Phil, that's not what was said," Jack says.
"I'm tired of messing around with this," Dr. Phil says, asking Jack how many polygraph tests he has performed.
Jack says that's he's administered about 3,000 polygraph tests, most while he was an FBI agent, and when he gave Tony his test, he used the protocol that is demanded by the American Polygraph Association, the American Association of Police Polygraphists and the California Association of Polygraph Examiners. He performed a pre-interview with Tony, where he explained the test and asked him the questions he was going to ask on the exam. He says that there was a clear understanding before the exam.
Tony's answers on the first exam indicated deception, so Dr. Phil asked Jack to perform a second exam. "He's failed to take it not once, not twice, but three times," Dr. Phil says. "What do you make of that as a professional polygraph examiner?"
"People have to make a decision along the way. If they didn't do it, this is his marquee moment to eliminate himself from suspicion," he says. "If he did do it, then he would be a fool to take the test, because it's just going to reinforce the first finding. These questions were more surgical. They were more focused on these bruises, not other bruises that may have been gotten " I think Tony explained to us that day that it may have been rough-housing or fooling around, and he inadvertently bruised her " so when we focus in on the neck and those bruises, specifically, that seemed to be upset him, and like I said on that video, he called in sick. He does not want to take this test."
[AD]Jack continues, saying that Tony claimed to not be in pain or discomfort before the exam. "He wanted to take the test, but he expected me to ask exactly the same questions that I asked him the last time, and of course you and I know, we changed everything," he says. "That seemed to upset him, and that his when his flu-like symptoms became more apparent."
"I did what he told me to," Tony says.
"We've talked about things in mediation. This is something that we've dealt with," Alex says.
"This is not a legal issue. This is not a mediation issue. This is not a television issue. This is not an issue that has to do with social workers, or lawyers, or mothers or anybody. This is an issue that has to do with you and your daughter," Dr. Phil tells Alexandra. "Your sole reason and purpose for being on this earth right now is to protect, nurture and guide that child." He asks her if she knew Tony's answer before he took the test.
"He told me he didn't do it, and I believe him," she replies. "We've had conversations about it, and I believe him."
Dr. Phil asks Alex what she and Tony fought about before the show. "What was it that you said to him that [Tony] said, â€˜You can never take it back, and I can never get over that, and I am done with her'?" he asks.
"I really don't want to say," Tony replies.
"I talked about the fact that I go up to bat for him, and I'd just appreciate it if he came out on stage, and I think he misinterpreted that as I feel like he doesn't support me," Alex says.
"Well, he doesn't," Erin says under her breath.
Tony says that Alex made another comment that upset him, but neither he or Alex will reveal the comment.
"I have been trying to help you people from sunup to sundown, and I am tired of chasing," Dr. Phil says to Alex and Tony. "You're running me out of your corner in a fast hurry."
[AD]Erin interjects, "Alexandra, I wouldn't go down that road, if I were you."
Alex remains silent.
"I can only conclude that you're avoiding the test because you can't pass it," Dr. Phil says to Tony. To Alex, he says, "Your judgment here is that there's nothing here of concern to you, so just let it sit where it is. You don't want him to take this test. You're fine with him not taking it."
"I'm OK," Alex replies.
Dr. Phil asks Tony why he recently visited the emergency room.
"I'm sick. I couldn't quit throwing up," Tony says.
Dr. Phil confirms that Tony was given medication, and he asks him, "You're OK right now as you're sitting here?"
"I still feel sick, but â€" " Tony says.
[AD]"So you could take the test right now," Dr. Phil says. "You would be fit to take the test right now."
"[Jack] says that if you don't feel anything like yourself " " Tony says.
Tony and Erin engage in a verbal spat.
Dr. Phil issues a stern warning to Alexandra.