Damages s03e05 Episode Script

Previously on Damages.
- I heard you were looking for me.
- Josh? Can we talk somewhere safe? I'd like you to sit in on the Louis Tobin interview.
I will find the money, Mr Tobin.
Tell me where it is, and I'll leave your family alone.
There is no fortune.
- I want the money.
- Good.
They're going to sentence your father this week.
They'll be sending him straight to prison for the rest of his life.
When the time comes, he's gonna contact us about the money, right? Right.
What's Danielle Marchetti's prognosis? She's out of the operating room and in recovery.
Joe wanted her on that plane to protect his father.
What makes you think Danielle Marchetti had anything to do with the fraud? Louis Tobin called her on the night he confessed to the Ponzi scheme.
I'm ready, Karl.
If you want my advice, let her take the lead.
Because whatever the Tobins are hiding, Patty will find it.
Tom, I'm running a little late, so don't have the staff meeting without me.
Happy birthday.
- It's not my birthday.
- Sure it is.
What's it doing here? I thought you wanted one.
- Did I? - That's all you ever wanted.
This is gonna be your best birthday ever.
Careful.
She's a big responsibility.
I know.
Are you sure it's what you want? Yes.
Can I keep her? Can I keep her? You're gonna have to wash your feet first.
Somebody should say something.
Daddy never judged.
He treated everyone the same.
When Lenny first started working for him, when Daddy brought you home for the first time, I remember he said to me, "Lenny's family now.
" Just like that.
Dad was too generous.
All he ever tried to do was to give people what they want.
- That's true.
- It was his flaw.
He wasn't greedy, and he wasn't evil.
Those investors knew what he was doing, and it was exactly what they wanted him to do.
But he paid the price for them.
- They should be underground, not him.
- Carol.
Carol.
- It's the truth.
- Honey.
I miss you, Daddy.
I love you.
It's okay, sweetie.
So, all this stuff's going up for auction? We're selling off everything in Tobin's apartment.
- The proceeds go to the victims.
- Are you sure you guys don't want a muffin? No, I'm good.
So, talk to me about the ME report.
You really believe Louis Tobin's death was a heart attack? Do you? Me? Pretty convenient.
Guy dies the night before he's going to jail for the rest of his life.
Robs his victims of their moment of justice.
- All we got now are his wife and children.
- Lf you want to connect them to the fraud, you're gonna have to depose Danielle Marchetti.
The doctors say Miss Marchetti will be released from the hospital tomorrow.
In the spirit of cooperation, why don't we talk to her together? Okay, but first, why don't you tell me everything you've got on her? I already have.
Well, Patty, you withheld your knowledge that Louis Tobin called Miss Marchetti on Thanksgiving.
Yes, and I was wrong and I apologise, so why don't we just start over? Why don't you lead the questioning? And we'll depose her together.
Okay, fine, let's depose her together.
Did my father tell you he was gonna kill himself? I just want to know the truth, Lenny.
He did.
He would have told you, but you didn't come see him like he asked you to.
He couldn't face spending the rest of his life in prison.
Did you know Dad was going to leave this behind? What is it? It explains where the money is, and how to get it back.
- He left this for Patty Hewes? - With a very nice letter.
He says he's coming clean for me, to free me of his legacy.
- I had no idea about any of this.
- Well, it's a fascinating read.
Now I know why he was trying to get Danielle out of the country.
- She knows where the money is? - No, but she knows enough.
He says you don't know where it is, either.
He only told me that someone would contact me when it was safe to retrieve it.
He didn't say who.
There's a name in there, a few times.
Stuart Zedeck.
- He helped Dad with the money somehow.
- Stuart Zedeck.
Zedeck, do you know him? I don't know, your father mentioned him a couple times.
- I just assumed he was an investor.
- Well, he's more than that.
- I want to meet him.
- Okay, I'll see if I can set it up.
No, set it up.
Listen, will you set up a meeting with Judge Reilly? Sure, what for? I don't believe Patty for a second.
We have to talk to Danielle before she does.
Okay.
You don't really want Gates to take the lead in Danielle's deposition, do you? No.
He'll only fumble any shot we have of getting information from her.
- We have to get to Danielle before he does.
- Right.
Hey, it's your birthday this weekend, right? What are you doing? - I haven't thought about it.
- Come on, you gotta do something.
Gates brought Ellen with him again.
Why haven't you interviewed any possible associates? - I've been reading résumés.
- And? And there's only one candidate who seems promising.
- Man or woman? - Woman.
Jesus.
Does every woman go to law school these days? - Her name is Alex Benjamin.
- Okay.
Bring her in.
I'm sorry for your loss.
- Was it a homicide? - We haven't been able to confirm that.
- Alex Benjamin? Welcome.
Tom Shayes.
- Mr Shayes, it's a pleasure.
Right.
This way.
It's best not to go into an interview with Patty cold.
Most likely she'll grill you on precedents regarding our current case, but any topic is fair game.
Constitutional law, torts, contracts - Not a problem.
- Good.
Patty's not looking to see how you handle the facts, she's looking to see how you handle yourself.
Got it.
No, you don't.
When it comes to reading people, she's got the sharpest bullshit metre - you've ever seen.
- I understand.
I think I can handle it.
Good.
All right, we'll set up a meeting with Patty.
- Anytime, anyplace.
You name it.
- Anytime? What if the meeting were to take place during your sister's wedding? I'd miss the wedding.
I'm sorry, ma'am.
You're not allowed in to see Miss Marchetti.
I'm the court-appointed trustee in the Tobin case.
- My office subpoenaed Miss Marchetti.
- I'm sorry.
I have my orders.
Afternoon, Patty.
Your access has been suspended.
I thought we were going to talk to her together.
Then what are you doing here without me? - The judge has granted me sole access.
- On what grounds? You withheld evidence, Patty.
Next time, don't keep information from me.
Excuse me.
I'm Curtis Gates, Investigative Division, District Attorney's Office.
What do you want? The night you were going to leave the country, you left a message with our office.
- No, that was a mistake.
- We know you're scared, Danielle.
We also know about your relationship with Louis Tobin.
But we're not interested in prosecuting you.
All we want is the family.
We're prepared to offer you immunity.
If I do what? Go on the record.
Tell us everything you know.
Deal's off the table in 48 hours.
Think about it, Danielle.
You'll be out of the hospital soon.
We can help you.
Someone videoed Dad's funeral and put it online.
- What? - They show us standing at the grave site.
I mean, they were there, just hiding in the cemetery while we were burying him.
- It's disgusting.
- He's dead.
- They won't stop attacking him.
- Carol, calm down.
Why are we here, Joe? Because you deserve to know the truth.
Carol, the autopsy was wrong.
- He didn't die of a heart attack.
- What do you mean? The night he died, I went to the apartment.
I found that on the coffee table near his body.
- What is this? - I called Dr Brandt.
He made the mix for Dad.
So it would be painless.
No.
Daddy would never do that.
- Honey.
- I'm sorry, he did.
He did.
He ended his own life.
- Listen.
Listen.
- Listen.
You We have to stop blaming everyone else.
He did this to himself.
Okay? Carol, he did it to himself.
Is everything okay? There's no reason to be anxious.
Have you ever done this before? Many times.
Well, then, tell me what you like.
I want you inside me.
My father died.
He wasn't my real father.
He was closer than my real father.
And he was a friend.
I'm so sorry.
- Can I put my head in your lap? - Yes.
- Hey, morning.
- Morning.
Hey.
There's a guy waiting for you in the conference room.
Says he's a friend of yours.
Knew you a while back.
- Friend of mine? - That's what he said.
- Did he say his name was Wes? - I'm not sure.
Hi.
Can I help you? Hey.
Ellen.
Hey.
Josh Reston.
Goodness.
Long time.
I think the last time we spoke, you were down in West Virginia, busting Big Coal.
What are you doing in New York? Well, I've only been here a couple weeks.
I just got a job reporting crime at the Manhattan Observer.
- Congratulations.
Sit, sit.
- Thanks.
It's just a start.
But I remembered you from the UNR case.
What can I do for you? Well, when I heard that you were here at the D.
A.
's office, I thought that we could help each other out.
- You want tips on stories.
- I thought I'd ask.
You know, I just read that Joe Tobin got pulled over for a broken taillight.
- You want to know about the Tobin case.
- Well, I know it's a lot to ask, but what I'd really like is an anonymous source at the D.
A.
's office.
You know, strictly confidential.
And if I could ever help you, it would be a two-way street.
Interesting.
- I'll think about it.
- Yeah, well, no worries either way.
Yeah, and I appreciate your time.
It was nice seeing you.
- Yeah, you too.
- Thanks for stopping by.
Go over everything carefully.
This will be your last opportunity before auction.
That's the floor shaking with laughter.
They're selling off everything.
Happy Thanksgiving.
I love you all.
Cheers.
You can take personal effects of sentimental value only.
Anything appraised over $20 will go to auction.
- $20? - That's right.
- Excuse me.
What's up? - These are Dad's teacups.
- I can't do this.
- It's okay, sweetheart.
They're taking away everything that's left of him.
- Carol.
- Mom, just let her go.
I want all the pictures.
We can get you the photos, but not the frames.
And I want these.
I'm sorry, ma'am.
Those are priced for auction.
You said anything personal or sentimental.
These are my grandson's favourites.
- These are very personal to me.
- Mrs Tobin got those in Tanzania.
Her charitable foundation treated sick children.
- She can't have them.
- Jesus, just give them to her.
- No, there's nothing I can do.
- Okay, you know what? Here.
Here's the money for them, okay? They go to the highest bidder.
I will contest this.
I just got a call.
Mr Zedeck will meet with us.
Good.
Hey.
I just wanted to tell you that I love you.
I can't believe it.
Gates blocked you out? Can't you appeal to the judge? Judge Reilly owes his appointment to the D.
A.
He'll never side with me.
You getting anywhere with Louis Tobin's will? Tobin left all his money in trusts for his family.
Marilyn, Joe, Carol and the grandson.
But before the Ponzi scheme unravelled, he had a different will drawn up.
It has an additional trust in it.
- For whom? Danielle Marchetti? - I don't think so.
See, it's a blind trust administered by a guardian, which often means that the trust has been set up for a minor.
Let's talk to Marilyn Tobin again.
- Christ, it's freezing! - You sure this is the place? I'm Leonard Winstone.
This is Joe Tobin.
My condolences.
Your father was a brilliant man.
Thank you.
So, we appreciate you meeting with us, and we'd like to start making transactions.
- I'm afraid that's not possible.
- What? Why not? Because Mr Zedeck is no longer comfortable with the arrangement.
- Wait a second, you're not Stuart Zedeck? - I'm his associate.
- Okay, let's go.
Come on.
- What the hell does that mean? He's Zedeck's not comfortable with the arrangement? Well, he's concerned that the climate is no longer safe for him to conduct business.
It's our money, asshole.
It belongs to my family.
Your father agreed to terms with Mr Zedeck.
Somebody in your family breached those terms.
- Who? That's bullshit.
- Is it? Then how come the authorities know about Danielle Marchetti? It doesn't matter.
She won't be a problem.
Miss Marchetti is already a problem, and as long as she remains one, Mr Zedeck is unable to administer any transaction on your behalf.
- Look - That's it.
That's it.
What do you want to do? I'll take care of Danielle.
Princeton, Yale Law.
Sterling recommendations.
Is that all? - Is what all? - You're efficient and you're competent.
And you're bored.
What is the one thing that you would never want me to know about you? When I was a 2L, I got rejected by Law Review.
Then I found out that my faculty adviser who taught the law advocacy workshop - had blackballed me.
- And why was that? He said I was, and I quote, "a loudmouth.
" So I filed a sexual harassment suit and got him fired.
Did he actually harass you? No, but a bunch of other girls said he was a perv, so it's close enough, right? None of that happened.
Not a word of it.
I like you, Alex.
I'll check out your references and get back to you.
Thank you, Miss Hewes.
And happy birthday, by the way.
- It's not my birthday.
- No? Isn't it this weekend? No.
- Sorry.
I guess Wikipedia got that wrong.
- We'll be in touch.
Gates subpoenaed me.
I'm gonna be deposed.
It's all in there, everything you have to say.
You want me to lie under oath? I can go to jail for that.
If they had enough to arrest us, they would have done it already.
We just have to stick to the same story, right? - I want an attorney to go in with me.
- No, go alone.
It'll seem like you have nothing to hide then.
Okay? Hey.
Everything you have in life, you have because of my father.
I know that.
Well He's gone now, and I can take it all away from you.
Do you understand me? Yes.
So, here's the story you tell the D.
A.
I suggest you stick with it.
Because if we go down, I am taking you with us.
So, Patty suggested we meet? She thought you'd have some valuable perspective.
- On what? - The job, I guess.
I thought the interview went great, and then she called.
And did she hire you? No, not yet.
She said I should speak to you first.
Really? Excellent bag, by the way.
It's stunning.
Thank you.
Can I ask? Did Patty fire you? - Is that what she told you? - No, I just I thought Why would anyone in their right mind leave Hewes & Associates? Well, yeah, especially for a job in the public sector.
- Patty didn't fire me.
- You quit? It's a funny thing.
You know, a friend of mine once warned me about ambition.
He told me that maybe the world needs people like Patty Hewes.
But that doesn't mean that you should go work for her.
- Why not? - Because once you sign on, she'll own you.
I think I'd like that.
Yeah, well, I didn't.
I wanted a life.
- And how's that going? - It's going great.
It's going really great.
- Thank you for agreeing to see me.
- I thought if we met, it should be here.
I had to fight paparazzi just to get through the gate.
I'm sorry.
I'm sorry for your loss.
Truly I am.
I heard that you wanted these.
- Thank you.
- You're welcome.
I think my husband killed himself.
- Did you know that? - No.
I just wanted to bring you those.
My condolences.
I'm worried about my daughter.
She's not handling this well.
She's - It's got to stop.
I beg you to leave us alone.
- I understand, because I'm a mother, too, but I have an obligation to your husband's victims.
What can I do? What will make you leave us alone? Tell me the truth about Danielle Marchetti.
Why did Louis really call her on Thanksgiving? You don't understand.
Make me understand.
You think my husband used Danielle to hide money.
His mistakes were much more foolish than that.
I left my pills.
Please, bring them over.
I don't care.
Leave them in the lobby.
Just do it, Danielle! God damn it, just do it.
Danielle Marchetti? So, you've been in Louis' life all these years.
Just give him the pills.
Then you had the baby, didn't you? I loved him.
Louis was supporting Danielle because he had a child with her.
Yes.
- Do you know where that child is now? - I never asked, I I have my own family to worry about.
Mrs Tobin, just one more thing.
When we were tracking down the phone number you gave Joe, Louis tried to get Danielle out of the country.
Because he knew his family.
He knew Danielle Marchetti could have torn us apart.
It had nothing to do with money.
I wasn't expecting that.
- Yeah, me neither.
- This is a It's a nice place.
- You live alone? - Yeah.
I had a house down in West Virginia, but up here, I live in a shoe box.
How do you afford a place like this on a government salary? Well, I saved some money from when I worked for Patty.
Right.
Why'd you quit there, anyway? You guys were handling Frobisher and UNR.
It's You were at the centre of the legal universe.
Yeah.
It's a long story.
Is everything okay? Yeah, no, I'm good.
I'm good.
Just a little restless.
Well, if you want to get some dinner, I don't have anywhere to be.
Yeah.
I feel like cooking.
Baking, actually.
- Are you sure? - Yeah.
It's my new therapy.
You like cupcakes? - Hello? - Miss Marchetti, this is Patty Hewes.
Do you know who I am? - Yes.
- Good.
Then listen carefully.
I know you have an arrangement with the Tobin family.
That's not true.
Don't lie to me.
You'll only dig yourself in deeper.
What do you want? Whatever story they want you to feed to the D.
A.
's office, for your own good, don't do it.
Gates has offered me immunity.
You think immunity will protect your daughter? Wait a minute.
Who told you about my daughter? I will find the Tobin's fortune, Miss Marchetti, and when I do, they'll go to jail.
You and your daughter will be left alone, and I'll control who gets the money.
Help me now, and I can provide for you.
That's an offer Gates can't make.
I can't tell the truth in that deposition tomorrow.
I don't want you to.
- What do you mean? - It's your constitutional right to say nothing.
I just want you to sit there and plead the Fifth.
Do it and I'll take care of you.
Miss Marchetti, just for the record, you're aware that you're entitled to have an attorney present, if you desire one? Yes, I'm aware.
Okay, then, let's begin.
Miss Marchetti, do you recall when you first met Louis Tobin? Miss Marchetti? Do you understand the question? - Yes, I understand.
- When did you first meet Louis Tobin? I invoke my right not to answer, on the grounds I may incriminate myself.
Miss Marchetti, are you aware what you're doing? I'm pleading the Fifth.
- This came for you, Miss Hewes.
- Thank you, Perry.
- Getting chilly out there.
- It sure is.
Gonna be a long winter.
I have to say, Carol, I certainly didn't expect to see you knocking at my door.
I appreciate you taking the time to talk to me.
I know what you're going through is extremely difficult.
It is.
But I'm not exactly sure what you want from me.
I know it's weird, but you have a history with my family, and I'm the only one that didn't really get to know you.
Well, you were young.
Back when you and Joe were together, he never really brought you around.
Your mother hated me.
I think she may have blamed you for some of his shit.
It seemed like things started going crazy for him once he met you.
It wasn't like that.
No? What was it like? Look, Carol, I wasn't a saint.
But neither was Joe.
My dad took care of you? Did you take care of him? It's complicated.
We were just trying to make the best of a difficult situation.
Did you love him? Look, Carol, I am really sorry for your family.
I am.
But I'm gonna get your coat.
- Are you going to hire Alex Benjamin? - Who? The candidate you interviewed.
- I don't know.
- And what's next for Danielle? Go over there tonight.
Just make sure that she's still willing to talk to us.
- No problem.
- I want to talk to her about her daughter.
Hi.
I know your mother Danielle.
I thought it was time we met.
Miss Marchetti? Miss Marchetti, your door was open, I Happy birthday.
- Happy birthday.
- She's a big responsibility.
That's all you ever wanted.