Damages s01e04 Episode Script

Previously on Damages My God.
Ellen.
What happened? I didn't kill David.
Someone tried to kill me.
Arthur Frobisher told his employees to invest in the company and then sold his own stock.
We don't have a case unless we can connect Frobisher with his broker.
You're my sister.
How do you know Arthur Frobisher? You and I, we meet at some boring luncheon down in Florida, and the next thing you know, we're-we're partners.
Katie, this whole case turns on one weekend, and you were there.
You're stepping into the spotlight now.
Details of your life are going to come out.
I think Katie's lying about the guy she met in Florida.
His name is Gregory Malina.
Do you rember we actually saw him down in Florida? If you do know something, you should come down and speak to the lawyers with me.
The only time I saw Frobisher was with you.
If Patty Hewes gets that girl in front of a jury, all bets are off.
Ten years, one box, one trip.
You didn't deserve this.
I miss seeing you around the office, Tommy.
Everyone thinks you were actually canned.
What is it, Tom? Following Katie Connor? I'm a lawyer, Patty.
I miss it.
Hey, everybody wants to know when you're going to get here.
I have no idea.
The decision's yours.
Ellen was still there when I left at 9:15.
Well, interesting choice.
Can I just say what a bad idea this is? Gregory.
Katie.
What the hell was that? Come on, follow me.
Wait, wait, wait.
How many drinks did you have? The two, with Gregory, and then before that maybe another beer.
And no drugs? No drugs.
And you never caught his last name.
We have been over this.
It's not like it was a formal date.
I love Florida! - Let's go to another club.
Come on.
- I can't.
I got a big day tomorrow I've gotta be up early.
I can't.
Who doesn't? If you don't go to sleep, you don't have to wake up, right? Oh, God.
Okay! Wait for me! And you didn't see Frobisher in the night club? No, I didn't even know what he looked like until the parking lot.
No shit.
You live in Brooklyn, too? "It's better in the the boroughs.
" I live in Williamburg.
Isn't that crazy? You come all the way to Florida and meet someone who lives, like, five minutes away.
What are you doing down here? Business.
You? Oh, shit.
Friends of yours? I wish.
That's Arthur Frobisher.
The guy's got more money than Trump.
You think that guy eats beef? I think that guy eats small cows for breakfast.
I'm catering a function for him tomorrow.
Ah, you're a cook.
We prefer to say "chef.
" I'm a waiter.
I guess that means I'm beneath you.
Not yet.
You want me to keep going? We still don't have enough unless you can identify the man who got in the limo.
I only saw him for, like, a split second.
Is there anything you can remember? Was he tall, short? Young, old? It was five years ago.
But I can tell you that he wasn't any of these people you showed me from the government trial.
And what about your one-night stand? Greg lived in Williamsburg.
He was a waiter.
He was staying in his friend's condo.
Which we can't find because you don't remember what part of town you were in.
Why don't you try hypnosis? It helped me quit smoking.
Still stuck in the parking lot? Afraid so.
Well, you know what's going to happen if we don't come up with anything? The clients are going to accept Frobisher's settlement.
Unless Katie turns out to be a viable witness.
What is this? A Ding Dong.
A what? A Ding Dong.
It's delicious.
Go home.
It's late.
Try again tomorrow.
It tastes like a Ho Ho.
Ms.
Connor, is that your brother? Yes! Oh, my Oh, God! Damages Season 1 Episode 4 Tastes Like a Ho Ho Hewes, Michael.
His mother.
What? Why not? He's been there a week.
He's entitled to phone privileges.
Listen I've waited seven days to talk to my son, and now you're telling me I can't? Fine.
I said fine.
I'll call again next week.
Mr.
Frobisher's case is fully staffed.
We're billing roughly $550,000 per month.
And the payments? Always prompt.
Our client's aware of all the exigencies one encounters when trying a case against Patty Hewes.
Ray, what does she have that she has not accepted Mr.
Frobisher's settlement offer? Nothing.
Ms.
Hewes has been unable to provide even one significant witness.
She's failed to produce any evidence that Mr.
Frobisher breached his duty to his employees, or participated in the alleged fraud that she Ray Yes, Amos? You know how much Mr.
Frobisher's case means to this firm.
Get it done.
Yes, sir.
Roughly 5,200 employees are involved in the suit.
Arthur Frobisher he wiped out our whole retirement account.
$1.
4 billion.
Gone.
You know, most of us, we just lost everything we had.
You have to stop torturing yourself.
You're doing everything you can.
Am I? Yes, Katie, you are.
Patty needs to know who got in that limo with Frobisher.
And she keeps asking about you my one-night stand.
What if I can't keep this up? What if I slip, or they back me into a corner or something? You're going to be fine.
Okay? Maybe you should come in.
Why won't you just talk to them? And tell them what? I saw the same thing you did.
Maybe you'd remember something if you saw the pictures.
If I go in there, then my wife is going to find out about us, and then we'll be over, and I don't want that.
It's not about us.
It's about Frobisher and those people whose lives he ruined.
Patty is the only one holding him responsible for this.
You really think Patty Hewes cares about you? Here is the complete dossier on Katie Connor.
Is she still seeing Gregory? Almost every day.
You think she knows anything? I'm not sure.
Keep an eye on her.
If she's going to give us something, she's going to have to get it from him.
My guy says he can get Greg's stock portfolio by the end of the week.
Good.
No.
No, it's not good, Patty.
This kind of thing could get me disbarred.
Are you okay? I'm fine.
Are you still on the board of the Jazz Society at Lincoln Center? Why? Well, the head of the Trilling School is on it, too, and I was wondering if you'd put in a word in for Megan Tom, wake up.
People think I fired you.
Find another connection.
What is it? I guess it's a rite of passage.
What is? It was the ICU.
I assisted on my first bypass yesterday, and the patient's not doing so hot.
Oh, baby, I'm sorry.
The family looks at you like you're God.
If they only knew Shit.
So much for exercise.
What? What are you doing tonight? I got a couple hours.
So? Catch a movie? I'm in.
Movie, tonight.
You got your saxophone, sweetheart? I'm holding it.
Daddy, I'm going to be late for assembly.
Okay, okay.
You look bellisima.
- Bye, Dad.
- Bye-bye.
Good luck with the solo.
I'll be thinking of you.
You didn't tell me she was a musician.
Martin, twice in one week.
We got to stop meeting like this.
I was hoping we could finish Monday's chat.
I appreciate the offer.
I've been doing some soul searching, I'm just not ready to start work yet.
Bullshit.
I know what's going on between you and Patty.
Excuse me? The whole world sees it.
She treats you like dirt for ten years, won't share the spotlight, then she refuses to make you a partner.
You don't know what you're talking about, Martin.
Sure, I don't.
You're not a battered wife defending her abusive husband to the end, huh? Oh, geez.
Yeah, that's it.
No, you got it.
That's me.
You know, your little girl she's terrific.
She's the best thing that's ever happened to me.
She's serious with the music? Yeah, she's pretty serious, considering she's ten.
I ask 'cause I know that she's got an application at Trilling.
How do you know that? I'm president elect of the parents' board.
You guys have put together an outstanding app.
Good, good.
Megan's got her heart set on Trilling.
All her friends are going.
Got to say, it's it sure is tough though to accept an applicant whose father checks the "unemployed" box.
Martin - Don't do this.
- Come on, take it easy, Tom.
There are other schools.
Some of them even pretty good.
But, at Trilling, we've got the music department in the entire city.
Harvard, Yale, Princeton without Trilling, they don't have orchestras.
I'd love to see Megan get in.
Comedy or drama? I'm sorry? I heard you telling that other doctor that you were going to go see a movie.
Oh, I'm sorry you overheard my personal conversation.
I shouldn't have been listening.
I want you to know that we are doing everything that we can to make your grandfather comfortable.
I know.
Thanks.
And I really appreciate all the time you take with him.
You've been great.
So comedy or drama? I don't know.
I was thinking maybe the Cassavetes retrospective at Film Forum.
I've never heard of that.
Is it funny? No.
It's pretty serious.
'70s stuff.
I guess I'm more the drama type.
Oh, not me.
I love comedies.
You know, they're just so funny.
Oh, oh, check it out.
My grandpa got me into these old radio shows.
Here.
Who is this? It's Jack Benny.
It's good.
Grandpa loves the guy, so I downloaded it for him.
That'll be nice.
Yeah.
Well Enjoy your big night out.
Thank you.
And have some popcorn for me.
'Cause I'll be here.
Sure thing.
Oh, and Dr.
Conner Be a little naughty.
Excuse me? Get something chocolate.
You got it.
Ellen? Can you come in tomorrow? I pulled more photos to run by you.
Minor players, but we should check them out.
Okay, I can try.
Cool.
I'll be in the office at 8:00.
Look, I got to go.
What are you doing here? I know who he is.
The guy in the limo.
With Frobisher? I don't want to get involved in any of this, okay? But you saw his face.
I didn't know who he was when we first saw him.
Then I recognized him on Court TV.
They did this thing on Frobisher's broker during the criminal trial.
And who is he? What's his name? His name is Luke Richards.
Luke Richards? He was one of the broker's assistants.
But Ellen said all of the assistants had alibis.
Well, Richards must be lying, because I definitely saw him.
Gregory, if you could have linked Frobisher to his broker, - why didn't you tell me? - Because I'm not going to get involved.
What?! Why not?! I don't want to be another Kato Kalen.
Let 15 minutes of bullshit ruin the rest of my life.
- Gregory, for Jes - No, no.
Maybe I'm an asshole, but I'm not going to let these people use me and throw me away.
Which is exactly what they're going to do.
Okay, well, forget about them.
What about me? I have risked everything I have to put this guy away, - and now you're just going - Going to be a selfish prick? Yeah.
And you should, too.
Think about it, Katie.
You're going to lose your restaurant, your privacy, any shot at having a normal life.
I do care about you.
I don't want to see you get hurt.
Stay out of it.
Just stay out of it, okay? Darrell Goldstein interned at Frobisher's company.
No, not him.
- Paul Ordell he was a temp.
- No.
Luke Richards.
Katie, what is it? Hi, there.
I'm Arthur.
Oh, my God.
Katie? You want me to be a witness against Frobisher? Yes, if you know something.
She's going to be screwed.
She will lose everything, won't she? Nothing.
Keep going.
Stephen Gilbride.
No, not him.
Jason Raber.
No, not him.
You and I, we never really spoke when we were down in Florida, did we? No, no, that's right.
I want the straight story, and until you tell me, you're worthless to me.
I don't give a shit about you.
No, go back to that other guy.
No, before him.
Yeah, him.
You recognize him? When was this picture taken? Last year.
Why? Yeah, he was younger, but But what? It could be Luke Richards.
I think this could be the guy.
The guy you saw get in the limo with Frobisher? Yeah.
But a second ago you said it wasn't him.
Because he looked familiar, and Yeah, this is definitely him.
Katie, are you 100% sure? It's okay if you're not.
Our fates are intertwined, Katie.
Isn't that remarkable? I'm sure.
Who is he, anyway? Richards was an assistant to Frobisher's broker.
You're kidding.
Seriously? You farted in your sleep last night.
David! You're on speaker.
Classic.
My bad.
I'm sorry, I'm sorry.
It's a great day, David.
Oh, yeah? Why's that? Your sister really came through today.
We're moving forward.
Oh, God.
David? We're going to prepare Katie's testimony.
What? She made an ID.
Babe, are you busy? Yeah, kind of.
Can I can we talk tonight? Yeah, sure.
I don't think he's getting much sleep.
I don't think he's getting laid.
Hey, okay, too far.
R-I-C-H-A-R-D-S, Luke.
Find out where he was on the Frobisher weekend.
All right, Patty, I'll look into it.
Martin, Tom Shayes.
Make me an offer.
I'm ready to listen.
Bad news, Ray.
Looks like they got a witness.
Such a sweet girl.
I was hoping it wasn't going to come to this.
A mock deposition is just a tool to see where you're at in your testimony.
Patty's brought in Roger Kastle.
Who's he? Big name in medical malpractice.
He's kind of a legend.
Is he a sleazeball? Patty's asked him to play the role of Ray Fiske.
Perfect.
And you're certain this is the man you saw enter Mr.
Frobisher's limousine? Yes, 100% certain.
Okay.
Good.
So, Ms.
Connor, how would you characterize your stay at the Maxwell Clinic? What do you mean? I was simply wondering if your stint in rehab was successful.
You had an extremely difficult time overcoming your drug addiction, did you not? Eyes on me, Ms.
Connor.
How is this relevant? Blurred vision, paranoia, auditory hallucinations, unfortunately, are all documented long-term side effects of serious cocaine abuse.
I did one line in the parking lot.
But earlier that evening, how many lines did you do in the club? And more importantly, how much cocaine had you consumed prior to that night? I don't know.
Enough not to remember? No, I didn't say that.
And this mystery man who supplied you with cocaine, what was his last name? I don't remember.
I'm better with faces.
Oh, so yours is more of a visual memory? Yes.
Was he circumcised? Was he circumcised, Ms.
Connor? You're kidding, right? Now you said you went back to his condo.
- So what? - So I assumed you had intercourse.
No.
Then why six weeks later did you schedule a procedure at Hudson General to terminate your pregnancy? Jesus Christ.
Ms.
Hewes, maybe we should take a break.
I thought we had an understanding.
Ms.
Connor, would you characterize your life as one big blur of narcotics and intercourse? Would you characterize yourself as an asshole? Let the record reflect that the witness is refusing Somebody shut this guy up! Katie, sit down.
She's not ready.
You signed their medical release waiver.
Go on, sit down.
I told you that the truth would have to come out eventually.
I also warned you that the spotlight is a pretty goddamn awful place to be.
And Mr.
Kastle's right, you're not ready for it.
Because this deposition isn't about the facts.
It's about Katie Connor and do we like her and is she credible.
Yes, you saw this man in Florida, but it's your word against theirs.
And if Ray Fiske can embarrass you, piss you off, rattle you in any way, it's over.
He's done what he's set out to do neutralize your testimony and weaken our case.
Katie, why don't we go outside for a moment? No, I want to keep going.
Good.
Try again.
Oh, my God.
Can I talk to her? Not until her attorney gets back.
You really think she killed my brother? They were due to get married in two weeks.
Katie, you didn't know they called off their engagement? No.
No.
We had a falling out, we haven't spoken in months.
Katie, why didn't you tell me? What, that I got pregnant and ended up in rehab? Isn't it obvious? I wanted to forget it ever happened and then this case.
What about Gregory? He never even knew you were No, I never had a chance to tell him the truth.
The whole truth, and nothing but the truth, so help you God? I do.
Ms.
Connor, thank you for joining us today.
And many thanks to the plaintiff's attorney for the use of her conference room.
Now, as for the subject of today's deposition, I've been instructed by the court to limit my questions to the 18th and the 19th of June, dates ring a bell for you, Ms.
Connor? Yes, sir.
I was in Palm Beach, working for a catering company at that time.
We were doing a business event for Arthur Frobisher.
Ms.
Connor, do you recognize the man in this photo? Yes, that's Arthur Frobisher.
And the man in this photo? Luke Richards.
Luke Richards.
Thank you, Ms.
Connor.
Let the record reflect that the witness has correctly identified both men.
Now, Ms.
Connor, if you permit me to cut to the chase you claim that you saw these men together early morning on June 19, do you not? Yes, I did.
And where did this alleged sighting take place? In a parking lot on the 200 block of Ocean Avenue.
Mr.
Frobisher was in a limousine and Mr.
Richards got into that limousine.
And where were you when this happened? I was in that same parking lot.
Alone? No, sir.
With whom were you in this parking lot? With a man I met in a club earlier that evening.
If these next few questions make you blush, Miss.
Connor, I apologize.
To screw.
I'm sorry? That's why I was in an empty parking lot in the middle of the night.
And later on a couch and then on the floor.
Do you find cocaine is like Viagra? Or are you more of a tantric breathing kind of a guy, like Sting? If these past few answers make you blush, Mr.
Fiske, I apologize.
So you saw Mr.
Richards get into a limo when it was parked, what, 25, 30 yards away? I got my best look at his face as he left.
He turned his face toward the window.
I couldn't have been more than ten feet away at the time.
And this was when exactly? Between 1:15 and 1:45 a.
m.
You checked your watch.
Gunshots forced us to leave the club.
It's my understanding that the police report documents this at approximately 1:15 a.
m.
So, you saw Mr.
Frobisher with Mr.
Richards some time after 1:15 a.
m.
Saturday morning June 19, you're under oath, Ms.
Connor.
Yes, that's when I saw them.
Would you agree that a man can't be in two places at once? Objection to form.
Vague and ambiguous argument.
Noted.
Go ahead, Katie, you can answer.
Yeah, I'd agree.
A man cannot be in two places at once.
So, when Mr.
Richards told investigators he was at the Jersey shore with a college buddy pulling cod out of the Atlantic, it's your contention he was lying.
Yes, sir.
Mine, too.
Let's not get cute here, Counsel.
Ms.
Connor, can you identify the man in Exhibit 15? Objection.
This exhibit was not made available to us during discovery.
We've only just discovered this ourselves.
We have every intention of producing it to Ms.
Hewes at the close of this deposition.
Noted.
You can answer.
The man in the picture, Ms.
Connor.
Luke Richards.
Luke Richards.
And the text there what does that say? Out loud, Ms.
Connor.
But this isn't true.
Ms.
Connor, I'm not asking for an opinion, I'm asking you to read.
Now what does it say? "June 19, 2002, Let the record reflect that Exhibit 15 shows Mr.
Richards withdrawing cash from an ATM located at 333 Casino East Boulevard, which is where, Ms.
Connor? I'm telling you Luke Richards was in that parking lot.
Can you read the last four words, Ms.
Connor? I am not lying, he was there.
The last four words.
"Atlantic City, New Jersey.
" But I swear to God, he was in that parking lot.
Luke Richards did lie, Ms.
Connor, but I suspect it had everything to do with that woman standing next to him with the muscular arms and Adam's apple.
He wasn't hiding Arthur Frobisher's transgressions, he was hiding his own.
Why are you lying? Objection.
Argumentative.
This is bullshit! I think we're finished here.
You hear that, Patty? That's the sound of the zeroes dropping off of Mr.
Frobisher's revised offer.
I heard everything went well.
The threat's gone.
She lied under oath.
I want you to know, we ruined her life.
If you kept your dick in your pants, we wouldn't have had to.
It's been five years.
Starting today, I want you guys to leave me alone.
Just let me live my life.
I don't think that's going to happen.
I don't even think she remembers you.
Did I ask what you think? - Let's go to another club.
Come on.
- I can't! I got a big day tomorrow! - I can't! - Who doesn't? If you don't go to sleep, you don't have to wake up, right? Okay! Wait for me! Five years from now, what is Katie Connor doing? I'd like my own little restaurant in Brooklyn, but that is not going to happen.
Why not? Because I have got the biggest gig in my life tomorrow, and I've got to be at work in five hours, and I am, like, totally wired.
Relax.
Try one of these.
You'll be out in ten minutes.
I'm going to hit the shower.
Okay Only the white ones, okay? You were right, you know? Gregory turns out to be our missing link.
Gregory Malina owned Frobisher stock? Guess when he cashed out.
June, 2002.
Katie Connor never knew what hit her.
But you had the photo before anyone, so why would you let her be deposed if you knew she wouldn't hold up as a witness? Because now Ray Fiske thinks we don't have anything.
And watch, his next step will be to pull the settlement offer.
Which is what you wanted all along.
Why? Why would you do this to me? Why?! Katie, Katie, come here.
Don't touch me.
You lied to me, asshole! - Greg, are you cool? - Yeah, yeah, we're fine.
You lied to me! Why did you lie to me?! Answer my question! Why don't you just call me later, okay? Yeah, I'll call you later.
I'll call your wife later.
Dude, you're married now? Why would you do this to me, Gregory? I'm sorry.
Go to hell.
Katie.
- This is your solution? - Katie, what about the restaurant? You can't just run away from this.
I know.
I tried.
You wouldn't let me.
What? This is my fault? I only tried to help your case.
Katie, you perjured yourself.
People go to jail for that.
There was an answer you wanted, and you hounded me until you got it.
That is bullshit.
You know, you are not mad that I lied.
You are just pissed that I got caught and made you look bad.
I only ever wanted the truth.
No, Ellen, all you ever wanted was to impress Patty Hewes.
From day one, I never wanted her involved in this! I'm so sorry, Miss Hewes.
I thought I knew her.
I trusted her.
Katie's a very good liar, Ellen.
She had me fooled, too.
You're a lawyer, lies come with the territory.
Will the clients accept a settlement now? I assume so, which is too bad because I think we could have gotten them more, but Frobisher's in the driver's seat now.
It just doesn't make any sense.
Fiske had pictures.
He was right there waiting with Richard's alibi.
Ray Fiske is a brilliant lawyer who made us look very foolish today.
It happens.
I understand how it must hurt right now what happened with Katie but there's a very important lesson to be learned from all this.
Which is? Trust no one.
Listen, I don't want to be presumptuous.
I'm not available.
I'm engaged.
We can play this any way you like.
I don't even think she remembers you.