Damages s01e10 Episode Script

mujdat6 Previously on damages Someone tried to kill me.
And, uh, where is this body? I've been trying to reach patty.
Go to the beach house.
Patty, where the hell are you? Ellen wants to use your beach house.
Be my guest.
I am trying to settle this case.
Try harder.
Katie, katie, it's me.
Start by looking into arlington.
Arlington, Virginia.
Some girl was killed in a car crash.
It was Frobisher's car.
The girl's family went from living in a trailer park to being the biggest landowner in arlington.
I'm sorry, Gregory, for everything.
It's done.
What's the matter, david? Where's Ellen? I'm right here.
What's wrong? I could get used to this.
What are you doing with her? What do you mean? Look, I like her.
She's smart, capable, but Come on she's not your type of lawyer.
How long you going to keep her around? Ellen brought us Katie, Katie brought us Gregory.
Right.
So as long as Gregory's still in play, so is Ellen.
Simple as that.
- It's katie.
- Oh, yeah? What's the matter? Gregory Malina's dead.
Damages Season 1 Episode 10 Sort of Like a Family Patty was at the beach house.
- What did you tell her? - She was there.
By the time I showed up, she was gone.
Looks like she left in a hurry.
Look, Ellen, I want to help you.
I want to get you out of here.
But I don't know what to believe anymore.
Someone tried to kill me, Tom.
It was a hit-and-run.
Gregory Malina died at the scene.
So we move on to Frobisher's deposition.
Here's the game plan with one major addition.
Arlington, Virginia, 1983, Frobisher's jaguar crashes, killing the girl he's with.
Frobisher denies he was driving, but he was drunk at the time.
He's never charged, so there's no wrongful death suit but last week we received a tip that Frobisher gave the girl's parents stock in his company.
It's hush money, so we're going to use it to show Frobisher's history of obstructing justice.
If we can crack his slick facade in the deposition and get him to show his true colors, it'll be a victory.
Thanks, everyone.
Thank you.
Hey, there she is.
Do you really have to go, dad? Yeah, I'm afraid so.
Daddy's lawyer's helping him prepare.
This way he can focus better, not be distracted by all of us.
Mohammed Ali used to hole up for six weeks before a fight.
Who's that? Greatest fighter of all times after me.
I'm not going to have time to do that, sweetheart.
Thought you could use this.
Look at you.
What's that for? The night before your stepmom and I got married, I was staying in a hotel room nervous as shit.
Dad! You're old enough.
Anyway, I was cooped up, sweating bullets and holly sent me my three iron.
Why? It's your dad's good luck charm.
You're my good luck charm now.
What are you doing? Come on, it's just another deposition.
Everything's going to be okay.
We're going to be fine, trust me.
How ugly is this going to get? We're reasonable people.
Yes, we are.
No video camera.
- Unreasonable.
- Patty What are you worried about? Your client is a matinee idol.
Unless his herpes has flared up, he'll be just fine.
Nonnegotiable.
- I'll give you home-court advantage.
- Not interested.
But since we're on the topic how many sessions? Seven.
Two.
Five.
I have a lot of questions.
That's what wikipedia is for.
Okay, three.
But I get the video camera.
That's a big concession.
So is three days.
Deal.
Gregory Malina's dead.
Oh, my Hit-and-run.
That's horrible.
I guess we'll never know what really happened.
Maybe the police will find the guy.
I won't hold my breath.
And, Ray shame on you.
What's the matter with you, Ray? You look a little green.
Listen, I got it down to three days, but she's going to have a camera.
That's okay, right? We've prepared, I'm ready.
Yeah, but, Art, listen What? You're going into this deposition exposed.
How so? Well, I don't know what to do about this arlington business, I'm sorry.
She's going to attack you with it and there's no clear way I can see to stop her.
I'm not settling, Ray.
I don't know how to protect you.
I'll just have to protect myself then, won't I? How are you going to do that? You wanted to see me? How was the beach house? Amazing.
I've been meaning to thank you all day, but it's been so busy.
David and I would love to take you and phil to dinner.
Oh, forget the dinner, Ellen.
I've decided to take you off the deposition.
I would like you to report to felicia.
She needs some work done on a pro bono she's heading up.
Vacation's over.
Get back to work.
Yeah, I'll do that.
What are you doing? Patty's making me do all this paralegal bullshit.
For the deposition? No, it has absolutely nothing to do with the deposition.
Then put that shit away, huh Oh, wait.
In 1983, shortly after the tragedy of their daughter, cindy's, death, I gave the Lambert family stock in my company.
Holy shit.
There's some people who might think that that act was a sign of guilt or worse, an attempt to obfuscate a crime and to buy the Lambert family's silence.
To respond to that, I'm going to turn this part over to cindy's father, Carl.
Thank you, Arthur.
Folks, for my wife and I, the particulars of this tragedy were put to rest almost three decades ago.
Now this is the police report from the accident.
It documents the angle of impact and the numerous injuries sustained by both Cindy and Arthur.
Now, this report convinced us at that time and we remain convinced, that our daughter was driving that car.
Unbelievable.
Arthur Frobisher provided financial support to my family because he loved my daughter.
The fact that it wasn't made public is to his credit.
Character is what you do in the dark.
Isn't that what christ teaches us? Oh, Jesus.
Thank you, Carl.
And thank all of you for coming today.
I just want to say I'm relieved and grateful that this issue can finally be put to rest.
I don't know what to believe anymore.
Someone tried to kill me, Tom.
Come on, Ellen.
When I left patty's apartment, there was a dead body.
There was blood on the floor, a window had been broken.
You've got to go there.
You've got to go to patty's apartment.
The police didn't find anything! Then someone's covering it up! Look, without any evidence, what can I do? Let's go, Parsons.
Get me bail.
I'll do the rest myself.
Okay, boy, okay.
There's a good boy.
Yeah, good boy.
Patty? We were set up.
Or there's a leak in the office.
I don't want anyone in the deposition but you, Tom.
We're going into lockdown.
Miss hewes, I'd like to meet with Mr.
Moore and question him.
No.
He could be the source of the leak.
This thing was buried for 25 years.
I said no.
Call George Moore, set up a meeting.
What the hell was that press conference? It was Art's idea, he did it on his own.
And you let him? Your job is to control your client.
He won't listen to reason.
This incompetence is staggering.
Listen, asshole, this arlington fiasco's on you.
I warned you from the start this was a jackass move, and now you've exposed yourself to patty's people.
Now just lay low and let me do my job.
Clearly, you can't.
Maybe I'll tell him about you and Gregory Malina.
You don't want to do that.
You gave that kid stock and told him when to sell it.
Arthur finds out the full story, he'll have to settle.
You better be careful.
I can take you down at any moment.
Go ahead.
You'll be taking yourself down as well.
You can't touch me, Ray.
Arthur needs me.
So do you.
Which one do you think looks best? I like this.
- Yeah? - Yeah.
Use a windsor.
It's assertive and formidable.
You know, I never learned how to tie that, actually.
Can you believe that? Billionaire doesn't know how to tie a rich man's knot? Here, sit down, I'll do it for you.
Holly usually helps me with this.
Yeah? I want to thank you, Ray.
For my invaluable sartorial assistance? No, for everything.
The last 16 years.
Especially the last five.
I mean, I know it hasn't been easy.
I know I can sometimes be kind of A Bull in a china shop? This life is so full of people trying to screw you, you know? You shake hands with them one day, the next day they're trying to stab you.
But you you may be the only one I can trust, Ray.
You're a good friend.
Let's go show 'em what we got.
SPE stands for special purpose entity.
I'd like to mark as exhibit seven a chart entitled Frobisher value analysis dated march 4, 2001.
Do you recall seeing this exhibit seven before? It's important to establish that it wasn't me personally that set up these entities.
They were incorporated under the direction of the chief operating officer.
Despite running the company, you take no responsibility for these entities that your COO created? Insofar as I was his superior, yes, a certain amount of responsibility must be inferred.
But as far as direct responsibility, no.
I don't believe that I can be held personally responsible.
Mr.
Frobisher, you were intimately involved in founding your company, running your company, bankrupting your company, and yet you sit here today wanting us to believe that you have no idea where the money went.
Objection.
One more of those, counselor, and we're going to have ourselves a problem.
Look, all those SPEs and-and hold co's every company has them.
I know when you see them up there on a big chart with all those colors and arrows and unrestricted this and offshore that, you you think they've been designed purposefully to confuse the heck out of you.
And you know what? It works,'ause it confuses the hell out of me, which is probably why I'm a CEO and not a CFO or a COO.
So, you don't consider it your duty as chief executive of your company to understand its financial underpinnings? A chief executive's job is to set his company's agenda.
You're like A you're like a coach.
Sometimes even a cheerleader.
You-you provide goals.
You lead by example.
I always believed that it was my duty to to inspire my employees so that so that together we could build something remarkable.
Hello.
Mr.
Moore, it's Ellen parsons.
She spent the day lobbing me softballs, loosening me up.
It's going to get a lot tougher.
But Ray says the day went well.
Good, I'm glad.
Is there anything you need? Anything I can do to make this easier for you? No, just talking to you helps.
I love you, Holly.
I miss you guys.
We miss you.
Night.
Good night, Arthur.
He's going through so much.
It's been hard for you, too.
Don't forget that.
I'm so grateful I found you.
I don't know how I would Hey, we'll get through this.
It'll be easier once you tell him.
We have to wait until after the deposition.
Miss Parsons.
I put my ass on the line for you.
Mr.
Moore.
I trusted you with Arlington, and your camp leaked it.
Why would we do that? You don't understand how Frobisher operates, do you? Someone in your office is in his pocket.
Or you are.
Grow up.
I could get killed for what i told you.
You people had the opportunity to take down Frobisher, and you blew it.
The case isn't over yet.
Well, we are.
You get nothing else from me.
And tell Tom Shayes to stop calling.
Mr.
Moore? If there's a connection between you and Arthur Frobisher, we will find it.
Watch yourself.
George Moore is full of shit.
He's saying we leaked arlington.
What have you found? Moore was one of five SEC commissioners appointed.
By who? The president.
Moore headed up a team of investigators to look into possible fraud in Frobisher's company.
Who's Laura Watkins? One of Moore's investigators.
But, in 2002, just before the government trial, she was fired.
Moore said her methods were unsound.
After the trial, Watkins did this interview.
She said that Moore removed her for investigating too aggressively.
It was the first and last interview she ever did.
You think Moore shut her down? Now she works for an accounting firm here in the city.
Have you told patty about this? No.
And I'm not going to until I'm absolutely sure I have something.
George Moore made a big show of going after Frobisher.
- But you didn't believe he was? - No.
Behind the scenes, Moore did nothing.
He forced us to keep investigating Frobisher's stock broker months after it was clear that it would be a dead end.
Did you ever figure out Moore's agenda? No.
But, the weekend before Frobisher dumped his stock, we were getting ready to expose the accounting fraud in his company.
The same weekend Frobisher was in palm beach.
Yeah.
Exactly.
And you know where George Moore was that same weekend? No.
We had no reason to look into that.
Well, he was in jacksonville, florida, less than four hours away, at an SEC commissioners'retreat.
George Moore chose that location himself.
He said he wanted to play the 17th hole at sawgrass.
Good morning.
Arthur Frobisher.
I know who you are.
I probably shouldn't be talking to you, huh? How's the coffee here? You know, when I was your age, I used to run from moments like this, standing two feet from somebody who hates your guts.
Now I live for this shit.
Was your trip to palm beach in june 2002 primarily business or pleasure? Business.
I was there to deliver a speech at a luncheon.
That's where you met katie connor? No, we never met in florida.
I was told later that she was one of the caterers.
And, afterwards, you approached her about financing a restaurant? My attorney contacted her on my behalf, yes.
Why such interest in a novice chef? Objection.
Vague.
At the luncheon, an herb-encrusted pork loin made quite an impression.
I was told later that it was ms.
Connor's creation.
Yet your financing of Miss Connor's restaurant halted shortly after she agreed to testify in this case.
Why was that? Ms.
Connor went through a series of personal struggles.
Exhibit 41.
Please mark as exhibit 41.
Do you recognize this man? No, I don't.
Let the record reflect that exhibit Gregory Malina.
Were you aware that Mr.
Malina was in Palm Beach the same weekend you were? No.
I've never seen him before.
So you didn't know he was romantically linked to Ms.
Connor? No, I did not.
Or that he owned a thousand shares of stock in your company? My stock was publicly traded.
A lot of people had it.
Or that in june, 2002, he sold his stock the very same morning you sold yours? No.
No, I didn't know that.
Are you aware Mr.
Malina is dead? No.
No.
but, like I said, I've never seen this man before.
I'm very sorry to hear that.
I think that will be all for today.
Did you give Gregory Malina stock in my company? Absolutely not.
Then who the hell tipped him off? I have no idea.
It doesn't matter, Art.
Malina can't hurt you.
You know what I think? I think George Moore engineered this whole hit-and-run.
Well, George is capable of a lot of things.
What does that mean? What do you mean? I think he leaked Arlington.
Well, for christ Why would he do that? Save his own ass.
Get you to settle.
No, don't Senior partners wanted to meet with you.
We'll talk about this later.
Hey, Marshall, come on in.
Amos, good to see you.
Arthur, you remember Marshall Phillips, amos denninger, my superiors in everything but shortness and baldness.
Come on in.
Sit down.
Amos, you look good.
Thank you very much.
Mr.
Frobisher, we just want to assure you that every one of our firm's resources is at your disposal.
Well, marshall, i appreciate that, but I'll tell you something.
With Ray, here, I never felt more confident.
Can I get you fellas a drink? No, nothing for me, thanks.
Ray? I'm going to freshen myself up here a little bit.
I'm fine thank you Why do I would this pleasure? Ms.
Hewes, I found a way to help.
- I went back to George Moore, and he - You did what? I spoke with George Moore.
Who told you to do that? It was my initiative.
I thought we should follow Thought? Who told you to think? You are in this office to wait for instructions.
You don't have license to think.
You have jeopardized the only serious lead we still have.
How could you be so stupid? Just get out of my office.
I'm so sick of your bullshit.
What did you say to me? You heard me.
Get out.
And don't bother coming back.
Give this to patty.
What you looking for, boy? You a good boy? Excuse me.
Jeez Does Ms.
Hewes know you're here? She gave me an extra set of keys.
How did you get in? Service elevator.
Ms.
Hewes had a water delivery.
Make sure you lock up when you go.
Will do.
I was just fired.
What happened? The thing is, I'm fine.
Seriously, I feel great.
- Yeah? - Yeah.
Let's go out.
Let's get drunk.
We still have some friends, don't we? - Hey, there he is.
- Art, come here.
I tried to head you off.
I've got some bad news.
She's divorcing me.
I am so sorry, Art.
Where did you get this? The papers were filed this morning.
God who else knows about this? Well, it's just us and the court, it's not public yet.
Look, I'm going to reschedule today's session.
I've prepared for this.
Art, listen to me.
You are distracted.
I cannot have you in that room in anything less than top form.
I'm fine.
Put this away.
Come on.
Mr.
Frobisher, two days after you returned from your trip to florida, you gave a speech to your employees.
Yes, that's correct.
Exhibit 67.
It's a transcript of mr.
Frobisher's remarks dated june 21, Were you aware that your company was being investigated by the sec at the time? Yes, I was.
And yet you still told your employees that the company was on sound financial ground? I was confident that we were.
I firmly believed that the sec investigation would turn up no financial irregularities whatsoever.
Exhibit 68.
This is an e-mail you sent your CFO, is that correct? Yes, it is.
It's a rough draft of the speech you wrote, the one you intended to give your employees? Yes, it appears to be that.
In the margin, you wrote the words, too rosy, followed by a question mark.
Too rosy.
I think I was wondering about the tone of the speech.
I was debating whether or not to acknowledge the the climate that we were in at the time.
By climate, you mean the SEC was about to expose your accounting fraud.
Objection.
For me to ignore the pending sec report would have threatened my credibility, so in my final speech, I decided to mention the investigation and even a possible action against us by the sec.
But you also continued to insist that your company was financially sound? - Yes - And your employees trusted you? Absolutely.
For almost 35 years, they knew that I was fully committed to them.
There's nothing more important to the well-being of a company than the relationship between its workers and its management.
That's sort of like a family, isn't it? Yes, it's very much like a family.
And you were the head of the household? You might say you were both husband and father to your employees.
Objection.
You could say that, yes.
And was it your job to hold the family together? Yes, it was.
- And you failed.
- Objection.
I'll rephrase.
I mean was it very painful for you when you failed? Objection.
I'm warning you - I'm merely asking Mr.
Frobisher - counselor.
about his commitment to his company.
Would you agree that the crumbling of that relationship is nothing less, really, than the dissolution of a marriage? You watch what you say.
Your position is that the collapse of your company wasn't your fault, is that right? Yes, that's correct.
I was misled by the accountants.
I take full responsibility but not the blame.
I understand, it's like marriages.
Companies just fail sometime.
Irreconcilable differences.
No one is to blame.
Is that your position? One more like that, and we will walk out.
Is that your position, Mr.
Frobisher? Or is the failure of this relationship, as you call it, - your failure? Your breach of trust - Patty, I'm warning you.
- your infidelity - You are out of line This is bullshit! - This is bullshit! - Art I'm done here.
This is bullshit.
This is absolute bullshit, and you know it.
No, I'm done.
- No, I'm done.
- Arthur I'll see you in court, you bitch.
Are you kidding me? Divorce? You blindsided me, you know that, holly? We'll talk about this later.
Did you want patty hewes to use this against me? - Of course not.
- Is that what you wanted? Then why now? - Why now, Holly? - This isn't - about the case, it's about us.
- Bullshit! You screwed me! You screwed yourself, too, you know that? This is our money.
We're talking about our money here.
- I'm sorry, Arthur.
- Look at this.
I gave you everything you ever wanted! Stay away from me.
I could've ended this anytime I wanted, you know.
I could've made this go away months ago.
- What are you do Come on.
- Move the car.
Did you even think about the kids? You ever think about that? You move that car, I will kill you.
Open the window; let's talk.
Come on.
Holly, come on, open the window Open the Holly, talk to me, will ya? Talk to me, will ya? Stop the car! Stop the damn car! The hell with this.
I can't take any more of it.
Just make an offer.
How's my favorite divorce attorney? Men and women still hate each other, so I'm good.
Oh, boy, thanks for the tip.
I hope it didn't get you in trouble with your client.
I just blamed it on the clerks at the court.
High-profile divorce like this Yeah, they would have leaked it to the press anyway.
Besides, this thing's going to be about custody and infidelity.
I owe you one.
Very nice.
Ellen, where are you going to work now? I don't know.
I have no idea! I don't care.
Do you know where I can work? Where can I work? You could a sushi photographer.
Raymond.
- 500 - 500? You heard me, patty.
I daresay, it's as much as you could've hoped for.
More than fair.
Let's wrap this up.
Patty? Oh, it's tempting, Ray.
I could use a vacation.
You deserve one.
But I've still got work to do.
- Patty - No deal.
If Gregory Malina was worth killing, he must have known something.
If he testified, my guess, we'd be talking ten figures.
not so chatty now, are you, Ray? You won't get more than Evening, Ray.
It didn't matter, grades were in, and she goes, what would I do in that case? I'll tell you what I would do, Calder, I'd let me tell it.
I'll tell you what I would do.
I'd sub-penis'him.
she said sub-penis! She said penis in law school.
And he was, like, who do you think you are, Ms.
Parsons? Calder with his silver streak, right? Calder? I didn't know what I was saying.
He was so sleazy.
He kept asking me out on dates.
Who the hell is this guy? where is that guy? Who is it? Oh, it's my mom.
He wanted to take you to a drive-in of viva zapata.
This is Ellen Parsons.
You can leave a message here or reach me at my office: 212-752-4708.
This is some pretty interesting stuff you found.
I don't even want a goddamn centerpiece.
Sorry, I didn't realize it was the honeymoon.
I'm sorry.
I hate that shit.
You were right.
Whoever tried to clean up the body missed something.
What? Blood.
I saw the blood.
Look, I got to take this to the police.
Did you get any word from patty? I've left messages.
I've told her that she's got to come back here.
She doesn't want to come back.
Why not? Patty is a lot of things, but she's not a murderer.
I know things, Tom.
Things that could destroy her.
You think patty tried to kill you to protect herself? Well, the only way that I'm going to find out is if I talk to her.
Face-to-face.
So call her.
Tell her I know she wants me dead.