Damages s05e03 Episode Script
Failure is Failure
Previously on Damages I didn't know Naomi Walling.
She contacted my organization as a whistleblower.
I don't know how her personal correspondence made its way into the leak.
Every life lost is a tragedy.
Ms.
Hewes cannot prove that my client had any reasons to expose Ms.
Walling's personal life.
I filed a wrongful death suit against Mr.
McClaren.
The first thing that we're gonna need to do is find out if your mother had a personal relationship with Mr.
McClaren.
This scandal has given many of our donors pause.
We have a cash flow problem.
So you're looking for a job.
Actually, an old friend of yours has already offered me one.
So how about you double the girl's offer? I figure that's a fair price to keep someone from your past from working for the other side.
She offered me a job.
You were right, she does not want me to work for you.
Naomi Walling.
She rented a room the night before the leak went public.
That's him.
- Who? - McClaren.
He definitely met with Walling before she died.
Told you he was interesting.
He's also a liar.
Little lamb When I am through with you There won't be anything left When I am through with you There won't be anything left When I am through with you You all right? What? Are you all right? - You seem - I'm fine.
This deposition today-- if it doesn't go better than last week You'll have a lot of work to do.
Well, I won't have any work to do.
If I lose this round the fight's over.
My client will fire me, I'll be out of a job, and so will you.
Oh.
You better win, then.
Ms.
Parsons, Ms.
Franklin.
They're ready for you in the conference room.
This way.
Here we go.
I wanted to thank you for your offer, but I've decided to accept another job.
Need I ask whom you've decided to work for? Oh, I don't think my answer will surprise you.
Well, I wish you the best of luck.
Enjoy your return to the law.
It's good to be back.
Hey, there.
Thanks for coming back.
All you had to do was ask.
You know that.
I hired everyone back, actually.
Good.
Because we're all in this for one reason, you.
And if you stop trusting us, you'll have no one.
I know.
I got you something.
Found it in one of those airport boutiques.
Very nice.
Thank you.
I'm not endorsing your habit, but I don't see you using your old one anymore.
I misplaced it.
Why doesn't that surprise me? It's probably back in Brussels somewhere.
- Just in the conference room.
- All right.
Hi.
- Hi.
Sorry.
- Sorry.
Just in the conference room, as well.
Thank you.
Welcome.
Follow me.
Thank you.
Wow.
Looks nice.
It's getting there.
So I thought I'd put you in here.
Perfect.
My Lord.
I didn't realize there would be so much stuff.
This is everything.
Including all of Naomi Walling's personal e-mails.
Why don't you get yourself settled.
I have a meeting with McClaren's people at 11:00.
Oh, do you want me to sit in? No, I'd like you to stay here and go through the leak.
All of it? Please.
Code it and pull everything bearing on Rachel Walling's case against us.
Busy work.
I get it.
You get what? You don't want me meeting the clients.
And I understand that.
You hired me to keep me away from Patty Hewes, and you don't trust me yet.
I don't blame you.
I also hired you because you've been up against her in court.
You read my case history.
Of course.
I only faced her once-- 1987.
It was a small domestic case.
It took guts.
So Rutger tells me some hacker has more information on Princefield? Yeah.
But he wants us to pay for it.
What did you say? I told him I don't pay for information.
So we'll just have to find it ourselves.
Working on it.
But first, I have to deal with the lawsuit.
Uh, Ellen Parsons is coming over to talk to me.
Namaste, you bitches.
In order for the standard of wrongful death to apply, the plaintiff has to prove that you harmed Naomi Walling intentionally, that you leaked her personal information with malice.
I understand.
At the online symposium, you stated publicly that you'd never even met her.
That's right.
So, did you? Did I what? Ever meet Naomi Walling? Never.
You can state unconditionally that you never made personal contact with Naomi Walling? Yes, I can state that unconditionally.
Never had occasion to speak with Naomi Walling in person? What's wrong with you? I just said "never.
" Then I need you to explain this to me.
That's Naomi Walling.
And that's you.
How did you get this? Not really the point.
This was filmed in a Manhattan hotel shortly before Naomi Walling's death.
That's not Channing.
Yeah.
It is.
Well done.
You nailed me.
Which means you're having me investigated.
You lied in public.
See, I told you she was the right lawyer.
Channing, you lied in public.
Yes, I lied.
Naomi Walling and I met in the city.
Jesus Christ, Channing.
How am I supposed to protect you if you won't even follow our own protocols? We have a strict policy.
Channing doesn't meet with whistleblowers.
But she insisted.
It was a condition of her turning over the information.
I don't care that you met with her, I just want to know why you didn't tell me about it.
Because I protect my sources.
And she didn't want anyone to know she met with me.
But now that it's out in the open, I may as well tell you.
We met twice.
The first time was in Rome.
She contacted me.
Why in Rome? Because that's where I was at the time.
So why did you meet with her again in New York? Once she had evidence against the Fund, we flew to the States so Rutger could talk to her and finalize the details.
They met without me.
Protocol.
Is that true? Yes.
She had collected the data, but by then, she was no longer certain she wanted to go through with the leak.
So you contacted her.
No.
She contacted me again.
She asked me to meet her at that hotel.
It's good to see you again.
You, too.
Sorry about this.
I've learned it's better to be discreet.
Oh, I understand.
Thank you for coming.
Sit.
Do you want a drink or something? No, thanks.
Do you mind if I smoke? No, go ahead.
I was uncomfortable not speaking to you directly.
Well, here I am.
And what happened there? Not much.
Naomi just needed some reassurance.
Yeah, but if I do this, what will happen at Princefield after the news breaks? The SEC will most likely investigate.
Uh, and your colleagues will naturally want to know the source of the leak.
But they'll never find out.
You mean the encryption code Mr.
Simon gave me.
We're the only ones who can unlock it.
And afterwards, there's no trace of where the information came from.
And this process-- you oversee it yourself? I do.
Naomi, we've done this many times before, and none of our sources has ever been publicly exposed.
Trust me, everything will be okay.
All right.
You'll get the files tonight.
I appreciate what you're doing.
I I know it's not easy.
This will be the last time that we see each other.
So, um good-bye.
So, in the end, she was willing to provide you with the leak.
Yes.
And how did her personal information get included? Naomi did not know what she was doing.
She sent us too much information.
But you didn't have to post it.
That was our mistake.
It slipped through the cracks.
Okay, fine.
But intent is everything.
You meant no harm.
Naomi had agreed to provide information.
Why would Channing want to embarrass her? That's the center of our defense.
Is there anything Rachel Walling knows that could hurt you? Naomi's daughter? I don't see how there could be.
Well, she wouldn't be suing you if she didn't have a story to tell.
You look worried.
With no solid evidence, it's going to be Rachel's word against Channing's.
Rachel is young, innocent and a victim.
So we're already way behind.
So how do you plan to take the lead? Before I can have a strategy, I need all the information.
I have Channing's story.
So now I need to depose Rachel and get hers.
Mrs.
Parsons? Yes? Long time.
Christopher Sanchez! Oh, my goodness! How you been? Oh, look at you.
I'm terrific! Last time I saw you, you were in a blue tuxedo with a great big cloud of ruffles.
Oh, you have no proof of that.
You look wonderful.
So do you.
Ellie told me about what you went through a few months ago.
I was sorry to hear about it.
She was a big help.
I'm so glad.
You must be proud of her.
I am.
Denise.
What are you doing? Oh, I ran into an old friend of my daughter's.
Well, get changed.
Let's go.
Well we're talking.
Well, stop talking.
Your shift started four minutes ago.
Cassidy's waiting to go on break.
I'm sorry, Chris.
He's so rude.
That's all right, Mrs.
Parsons.
Sounds like you're needed.
Um it was great to see you.
It was great to see you.
Oh.
Oh, uh, tell your mom I said hi.
I will.
All right, you take care, okay? Okay.
Bye.
Bye.
I want to start Rachel Walling's deposition this week.
When will it finish? When I come to the end of my questions.
No.
Nothing open-ended.
I'm concerned about Rachel's emotional state.
She's still reeling from her mother's death.
I'll give you one day.
To cover her mother's history, their relationship, the suicide, the leaks and McClaren? I want four days.
Two days.
But it has to be at my office.
Rachel's comfortable there.
Your office is fine.
Two days isn't enough.
I need three, at least.
You'll take two days, or I'll file a petition with the court saying that Rachel is too grief stricken to be deposed at all right now.
Okay.
Two days.
Eight-hour sessions.
Four hours.
Rachel's a high school senior.
She's struggling to regain some sense of normalcy.
She has grief counseling every afternoon.
If she's stable enough to file a lawsuit, she can find the time to be deposed.
Four hours is absurd.
I'll give her seven hours with two half-hour breaks.
Some of us have other clients, Ellen.
Six hours, two breaks.
Six hours, one break.
Done.
I hear you've hired a staff.
One associate.
Your old friend, Kate Franklin.
After a 25-year layoff, you have to wonder if she can still hack it.
I don't know.
She seems to know a lot.
You know why this is my favorite kind of lawsuit? Because all the facts of the case are in question.
So if the facts won't win it or lose it, what will? One of us.
On a nice, big stage.
I'll see you at the deposition, Patty.
Hello.
- So, by way of an update - Yes, yes, yes.
Get to it, please.
Everything is proceeding well.
Don't be ridiculous.
Failure is failure.
And this is failure.
- Well, call it what you will - I just did.
Failure.
Now what happens with the lawsuit? We have to be prepared for it to drag on, which means More money.
More money, more money, more money.
You always ask for more money.
Well, at the moment, you're our only source of funding.
As you know, we can't exist without private donations, and now we need money to pay for the attorney.
Mm-hmm.
This attorney she's worth it? She's very young.
And I think too attractive to be good.
Channing chose her.
That's because Channing thinks with his penis.
I'm asking, is the girl any good? You said this would be dismissed quickly.
Yeah, well, I was wrong.
Can you help with the funding or not? I'll see what I can arrange on short notice.
Thank you.
Mr.
Simon.
If you wish to accomplish your goals, you do not do it alone.
Never forget that.
I'm glad you finally got a chance to get away.
Yeah.
Me, too.
The next two days are going to be rough.
So, how's the case going? I have no idea what the truth is.
McClaren is bizarre.
He lies.
I call him on it.
He admits he's lying, and then moves on.
Like nothing matters.
I don't know.
How are you? How's your week been? It's funny because, uh you know, I'm working at V.
A.
out in Jersey.
I ran into your mom.
Where? At the Hudson Square pharmacy.
I didn't know she worked there.
She doesn't.
The manager seemed to think she does.
My mom? Yeah.
That's crazy.
She didn't tell me she got a job.
Why would she hide that from you? I don't know.
I don't want to know.
Sure I can't get you something to drink? No, thanks.
Hi.
I'm good.
Sit.
All right.
So.
The first day of a deposition is really just a fact-finding mission.
The opposing attorney will ask you questions to hear your side of the story.
And even more important than the questions are your answers.
Right? Now, keep 'em short.
Make sure you answer the questions asked, but only the questions asked.
If you don't understand the question, ask her to repeat it.
But don't be a smart-ass.
- No sarcasm, no jokes, no - Thank you, Bill.
But your most important responsibility is very simple, tell the truth.
What is it? When you asked me if my mother had a personal relationship with McClaren, I told you they never met.
That wasn't true.
They did meet.
Why did you lie to me? All right, have fun.
Yeah.
Bye.
Bye.
I love you.
I I was afraid it would make my mom look worse.
Okay, everyone on TV, they're-they're only talking about the sex stuff.
Nobody is giving her any credit for exposing insider trading at Princefield.
My mom told me that she and McClaren met.
More than once.
Are you saying your mother had a sexual relationship with McClaren? Yes.
They slept together once, but it didn't end well.
Rachel, are you making this up because you think it would be good for our case? I'm not lying.
Okay, then.
We need to hear everything you know about it.
The story you tell in this deposition is going to be the foundation for our whole case.
Do you understand? Yes.
Ellen! Hey, Ma.
Uh, hang on.
Ellen Parsons.
Now's not a good time.
Can I call you when I'm back in the office? What are you doing here? You're working here now? Just for the past few months.
Who told you? Chris Sanchez.
Oh, yes.
Oh, it was so nice to see him.
Oh, he's so handsome.
I always liked Chris.
- He was so - Mom, when did you get a job? Is everything okay? Oh, yes, fine.
It's fine.
Then why didn't you tell me? Well, there's nothing to tell.
I mean, I like having the extra pocket money with the holidays coming up and everything.
And, uh, your father and I thought it was a good plan.
Oh, my God, Ellie.
Why do you always have to assume the worst? I love it here.
Terrific people.
We spend the whole day laughing.
And I'm learning a ton about business.
Truly, I couldn't be happier.
Okay.
So, please, I don't want you to worry about me.
All right, I won't.
- Well, I got to get back to the office, so, um - Okay.
So bye, Ma.
Bye, sweetie.
I'm glad you're enjoying yourself.
Yeah.
Ellen.
Patty.
Ms.
Walling, before we go on the record, I want to tell you how truly sorry I am for your loss.
Thank you.
Are you okay to get started? The floor's all yours.
Ms.
Walling, to the best of your knowledge, what were the circumstances surrounding your mother's decision to contact Mr.
McClaren's organization? My mom contacted Channing McClaren shortly after she became aware that there was criminal activity at her job.
You're referring to alleged insider trading at Princefield Investments? Yes.
My mom discovered Fund 23 was making illegal trades.
She was very upset, and she wanted to expose what she knew.
Did she tell you why she didn't go through official channels? Why she didn't go to the SEC? She said she wanted to remain anonymous.
She was afraid her career would be ruined if she went public.
That's why she contacted Mr.
McClaren.
Did she tell you how she contacted him? Yes.
My mom was in Rome for a business trip.
She knew Mr.
McClaren was living in Europe, so she spoke with him.
In person? Yes.
And were you at this meeting in Rome? No.
Then how do you know Mr.
McClaren and your mother met in person? She told me.
And she told me they slept together.
Did your mother tell you if she sought out Mr.
McClaren on her own volition? What do you mean? Did anyone force your mom to meet with Mr.
McClaren? No.
Like I said, Princefield was breaking the law, and my mom wanted to stop it.
So your mother told you she voluntarily sought out Mr.
McClaren in Rome in order to ask for his help? Yes.
Did Mr.
McClaren agree to help her? Yes.
He told her to go back to New York and get records of the crime.
Then they would meet again.
And did that happen? Yes.
She collected evidence for several months.
And then they met again in New York.
Where in New York? At a hotel.
It's good to see you again.
You, too.
So Mr.
McClaren showed up yet again at your mother's request.
I'm not sure who asked to speak to who.
Did you mother tell you what happened the second time they met? Yes.
Mr.
McClaren attacked her.
Sorry about this.
I've learned it's better to be discreet.
Oh, I understand.
Thank you for coming.
Sit.
Do you want a drink or something? No, thanks.
Do you mind if I smoke? No, go ahead.
I was uncomfortable not speaking to you directly.
Well, here I am.
What will happen at Princefield after the news breaks? The SEC will most likely investigate, and your colleagues will naturally want to know the source of the leak.
But they'll never find out.
The encryption code Mr.
Simon gave me.
We're the only ones who can unlock it, and afterwards, there's no trace of where the information came from.
And this whole process, you oversee yourself? I do.
So there's nothing to worry about.
No, please, don't.
Sleeping with you in Rome was a mistake.
Uh I'm afraid this is something I can't follow through on.
What isn't? The leak.
I can't do it.
I'm sorry.
What did you say? I'm not going to do it.
I just I have to I have to consider my daughter.
So your mother reported all of this to you? Yes.
We were very close.
Why am I here, Naomi? You already spoke to Rutger.
Why call me? I just wanted to talk.
Just stop dicking me around! I have waited six months for this information! All right.
You need to leave right now.
You think I can't take what I want? Why did you call me, huh? Why did you call me here? Stop it.
Stop! Just to say no? I don't think so.
Get off! I think this is what you want.
Get off me! If I give you what you want, will you give me what I want? Huh? Get off! I'm giving you a chance to be a hero.
Oh, fuck! I swear to God, you get the fuck out of here right now or I will call the police.
That'd be a big fucking mistake.
If you care about your daughter as much as you say don't let me down.
That's quite a dramatic account, Ms.
Walling.
Objection.
A question would be helpful.
Ms.
Walling, did you witness the alleged assault you just described? No.
And have you ever had occasion to discover your mother lied to you? No.
Never.
Impressive.
I don't think most people could say that about their mothers.
Objection.
What's the question? Isn't it possible that your mother may have lied to you about what happened with Mr.
McClaren? Why would she lie? The whole reason she went to Mr.
McClaren was to tell the truth about what she knew.
Isn't it possible that your mother may have lied to you? I knew her.
And I could see she was telling me the truth.
When was the last time you spoke to your mother? I was out with friends.
She called to tell me she loved me.
And, uh and that she was doing better.
I told her I loved her.
Then I went home later and found her dead.
I'm sorry, Rachel.
Aside from that, do you understand that everything you said here today is secondhand knowledge? There isn't one detail you can provide about these events that you yourself witnessed.
Everything you can contribute to this case-- absolutely all your testimony-- is simply hearsay.
Objection.
Will you please refrain from bullying my client? Frankly, I'm surprised counsel didn't caution you.
Despite your laundry list of accusations, there's nothing you can prove.
You can't be certain your mother ever met Mr.
McClaren, because you never witnessed them together.
Isn't that correct? Answer the question.
Do you have one shred of evidence that you can provide to support any of the claims you've made here today? Yes.
I have something.
Well, let me guess.
Your mother gave it to you.
Yes, she did.
But it belongs to Mr.
McClaren.
He threw it at her.
Or so my mom said.
Any further questions? None of that happened.
The girl fabricated the whole story.
It doesn't matter.
How can the truth not matter? What matters is whose truth plays better.
And hers was quite detailed.
Lots of things are detailed that aren't true.
Her level of sexual detail was quite plausible.
That's because you've never had sex with me.
Channing.
What makes that description of me even remotely credible? I know.
Let me be crystal clear.
I met Naomi Walling twice.
And beyond a simple handshake, we had absolutely no physical contact.
I did not coerce her.
I did not assault her.
Now, I have nothing more to add to this discussion.
Except that I'm hungry.
I'm going to get something to eat.
Did Channing ever own a metal cigarette case with his name engraved on it? Yes.
He lost it.
Rachel Walling has it.
She said that he threw it at her mother in the hotel.
Well, she's a fucking liar.
Is she going to sink us? I don't know yet.
But I still have one more day to depose her.
The funds can be arranged.
Your money will not be an issue.
That's very good news.
Thank you.
However, we cannot tolerate a protracted trial.
If Ellen Parsons can't produce results quickly, replace her.
- Well, I understand, but - This is not a debate.
Channing wants her.
You know how he can be.
I don't give shits for how he can be.
If she fails, fire her.
I understand.
You were right about my mom, by the way.
She is working there.
Something's got to be seriously wrong.
Maybe your parents just need a little extra money.
No.
She's hiding something worse.
I know her.
You didn't ask her what it was? Nope.
She wanted me to, but for the first time in my life, I didn't ask.
I don't have time in my life for another Parsons family drama.
Okay.
I'm not going to let her suck me in.
Okay.
I mean, why should I, you know? It's enough already.
Chris? Mrs.
Parsons.
Oh, I didn't know.
I'm so sorry.
No, no, no, no, it's okay.
Come in, come in.
Are you okay? I'm sorry.
No, it's okay.
Mom? I'm-I'm so sorry.
What-what's the matter? I'm sorry.
- I wouldn't have come, but - No, no, it's okay.
What-what's wrong? What do you need? Can I stay with you? Of course.
Of course.
It'll just be a few days.
Oh, Ms.
Hewes.
Did you want to see these? What's that for? It's her birthday, remember? I thought Catherine may enjoy choosing one herself.
Oh.
Oh, yes, of course.
Well, whatever Catherine wants is all right with me.
I was thinking Catherine could celebrate with her preschool friends on Saturday.
Happy to make a special dinner on the night itself.
That sounds perfect.
Go away.
Catherine.
You know you're not supposed to play with this.
Isn't it possible that your mother may have lied to you about what happened with Mr.
McClaren? Why would she lie? The whole reason she went to Mr.
McClaren was to tell the truth about what she knew.
She called to tell me she loved me.
I told her I loved her.
And then I went home later and found her dead.
Are you able to save me? You find a smoking gun? I'm sorry, but there isn't one.
I have been through everything.
Here's the e-mail correspondence between Rachel and Naomi Walling over the last six months.
Anything jump out at you? No.
It's just mother-daughter stuff.
They were close.
How close? Very.
And I used the police report to put together a timeline leading up to Naomi's suicide.
Rachel is out with friends, comes home, finds her mother's naked body dead in the tub.
It's horrible.
But nothing that contradicts what she said the other day? Nothing I could find.
Um, here are the phone records from that night.
Hmm, there's lots of blocked numbers.
Which could be McClaren, but there's just no way of knowing.
I'm sorry.
I wish I could have found something.
Ah, don't be sorry.
I can't find anything, either.
Why did you circle that call? Oh, it seemed sad to me.
I just noticed that right before she killed herself, she made one last call.
To Rachel.
Who was out with friends.
Maybe she wanted to say good-bye to her daughter.
Hmm.
Kate, could you come in early tomorrow? Sure.
Good.
I'd like you to join me at the deposition.
So I've straightened out our financial situation for the moment.
Payment for work to date.
Thank you so much.
Please, have a seat.
Unfortunately, our donors' enthusiasm for the cause has also made them restless.
I've explained how things have progressed so far, and they don't have much confidence in you.
They're not my client.
Look, Ms.
Parsons, I like you, I do.
You've won me over.
- But - But I don't make the decisions.
Without the generosity of our benefactors, we cease to exist.
Even Channing can't say no to them.
What are you telling me? I've been given a directive.
If this deposition continues to go south, we'll be forced to find another attorney.
Mr.
Simon, one deposition does not make a case.
I'm afraid it might.
You all right? What? Are you all right? - You seem - I'm fine.
This deposition today-- if it doesn't go better than last week You'll have a lot of work to do.
Well, I won't have any work to do.
Ms.
Parsons, Ms.
Franklin.
They're ready for you in the conference room.
This way.
Here we go.
As I'm sure you're aware, several of the e-mails in the leak were written to you.
It's clear your mother confided in you, trusted you.
Didn't she? I told you, we talked a lot.
We were very open with each other.
I was also looking at the phone records from the day your mother died.
Am I correct, she called you several times? Yes.
I'd like to ask you about a few.
There was a call at 5:07 p.
m.
Do you recall that? A little after 5:00 I was coming home from choir practice.
Um, I called about dinner.
She was upset and hadn't really been eating, so I asked if I could bring something home for her.
Okay.
And then about a half hour later-- at 5:49 p.
m.
-- she called you.
Do you remember why? She wanted me to buy some newspapers on my way home.
I told her she should stop reading them, they would only upset her more.
So what did you do? She wanted me to buy them anyway, so I did.
I see.
And then she called you again about 40 minutes later.
Do you remember what that call was about? The subway had taken longer than usual.
She was wondering where I was.
Got it.
Um, let's see.
There's another call I want to ask you about.
It was later that night at 11:01 p.
m.
Am I correct, that was the last time you ever talked to your mother? Yes.
Do you recall what you were doing? As I said before, I was out.
A friend's parents had just gotten divorced.
So a few of us were trying to cheer her up.
My mom called to check on me.
Are-are we done here? I still have 20 minutes.
My client is exhausted.
She needs a break.
We only agreed on one break.
But I can see that Rachel is tired, so sure.
Let's take five.
- Are you all right? - Yeah.
Oh, it's a long day.
How are you holding up? I'm fine.
No, you're not.
You're fishing in there.
You should be going for the jugular, not going through phone records.
Well, don't beat yourself up, Ellen.
Sometimes the facts just aren't on your side.
There aren't any facts in this case.
You said so yourself.
It's just you against me.
Well you've got 20 minutes.
Good luck.
Thanks for hanging in there, Rachel.
We're almost done.
Ms.
Franklin, can you tell me when 20 minutes is up? I don't want to keep Rachel any longer than I have to.
Of course.
Thanks.
I'd like to go back to that last phone call.
The night your mother died, you went out? Yes.
You said your mother seemed upset, but you left her alone.
Why? I told you.
My best friend was having a tough time, and my mom had my cell number, so if she needed anything she could call me.
And she did call you.
To "check on you," you said? Yes.
And that was the last time you ever spoke to her, right? Objection.
Asked and answered.
What did she say when she called? Mom, hi.
That she loved me.
And I told her I loved her.
You got to tell her you loved her.
I'm sure that must be a comfort.
Yeah.
Can you walk me through that final conversation? What do you mean? Well, um, you seem to have an excellent memory for conversations with your mother.
I imagine the very last time you ever spoke to her must be pretty clear in your mind.
Am I right? Yes, I remember it.
How did the conversation start? She called.
Hi I answered and asked how she was feeling.
She said she was doing better.
What did you say? I said "Good.
" Good.
Then she asked when I would be home, and I said that I wouldn't be too late.
And then? She said not to worry.
She was doing better.
So she said she was doing better twice? Yes.
Then what? Um, well, she said not she said not to worry about her.
That I should talk to my friend and try to cheer her up.
And then what? I said, "Are you sure?" And she said, "Yes.
" And then I told her that I loved her.
Is that when she told you that she loved you? Yes.
I said that I would see her soon.
She said good night and then I said good night back and then she hung up.
And that was it? She didn't say anything else? No.
That was all.
Okay, Rachel.
I'm going to read back the phone call to you.
Stop me if I'm getting anything wrong, okay? "Hey, Mom, how are you feeling?" "I'm doing better.
" "Good.
" "When will you be home?" "Not too late.
" "Well, don't worry about me, Rachel.
" "I'm doing better.
" "Talk to your friend.
" "Try to cheer her up.
" "Are you sure, Mom?" "Yes, I'm sure.
" "I love you.
" "I love you, too, Rachel.
" "I'll see you soon.
" "Good night.
" "Good night.
" Does that sound about right? Yes.
Ms.
Franklin, could you hand me the phone records, please? Rachel, do you see the column with the dates? And the highlighted call at the bottom? Yeah.
That's the call you just described.
Next to it, you can see how long the call lasted for according to the phone company.
What does that say? Two seconds.
Now, while I was recounting your version of the call, Ms.
Franklin was timing it, and according to you, the conversation would have lasted at least 25 seconds.
There's no way that you could have said all of that to each other, could you? Objection.
The plaintiff does not accept your timing as fact.
Well, you can argue that in court.
My question to Rachel is, what really happened at 11:01 p.
m.
? That two-second call went to voice mail, got disconnected or you ignored it.
What you just recounted is the phone call that you wished you'd had Objection! Speculation.
No Ms.
Parsons you're right.
We didn't even speak.
I just missed the call.
Yeah, Mom? Mom? I answered, but she she'd already hung up.
Okay, it was just my mom.
I'll call her later.
Should we get food? You didn't call her back, so you feel guilty? So you made up that whole conversation, didn't you? We're done here.
My 20 minutes aren't up, and she is required to answer.
Yes, I made it up.
And how do we know you haven't been lying about everything you've said throughout this entire deposition? You don't have to answer that.
Now we're done.
It's been a long time since I was part of a deposition.
It's also been a long time since you've been across the table from Patty Hewes.
Well the case back then was a lot different.
For one thing, I lost.
So you've already got one on me.
Ooh! Mmm.
Look what we have for our special girl.
Happy birthday, Catherine.
Happy birthday.
Wait, wait, wait, wait.
Don't-don't you don't you want to make a wish? No, thank you.
Yes, Perry? Here we go.
Ah! What, she's here now? Well, yeah, all right.
Yes, okay.
Yeah, let her let her come up.
All right, now, let's see.
What side shall we cut from? It's so big.
A big piece, huh, for a big girl? Hi.
I'm sorry to disturb you.
No, not at all.
What can I do for you? Nothing, really.
Uh you just haven't returned his messages, and, um well, I just thought you should know that he wants to talk to you.
Why would he possibly want to do that? Because he's dying.
Well, thank you for coming.
It's my granddaughter's birthday, so got to get back.
Well.
You've been told.
Good night, Kate.
Good night.
When I am through with you There won't be anything left When I am through with you
She contacted my organization as a whistleblower.
I don't know how her personal correspondence made its way into the leak.
Every life lost is a tragedy.
Ms.
Hewes cannot prove that my client had any reasons to expose Ms.
Walling's personal life.
I filed a wrongful death suit against Mr.
McClaren.
The first thing that we're gonna need to do is find out if your mother had a personal relationship with Mr.
McClaren.
This scandal has given many of our donors pause.
We have a cash flow problem.
So you're looking for a job.
Actually, an old friend of yours has already offered me one.
So how about you double the girl's offer? I figure that's a fair price to keep someone from your past from working for the other side.
She offered me a job.
You were right, she does not want me to work for you.
Naomi Walling.
She rented a room the night before the leak went public.
That's him.
- Who? - McClaren.
He definitely met with Walling before she died.
Told you he was interesting.
He's also a liar.
Little lamb When I am through with you There won't be anything left When I am through with you There won't be anything left When I am through with you You all right? What? Are you all right? - You seem - I'm fine.
This deposition today-- if it doesn't go better than last week You'll have a lot of work to do.
Well, I won't have any work to do.
If I lose this round the fight's over.
My client will fire me, I'll be out of a job, and so will you.
Oh.
You better win, then.
Ms.
Parsons, Ms.
Franklin.
They're ready for you in the conference room.
This way.
Here we go.
I wanted to thank you for your offer, but I've decided to accept another job.
Need I ask whom you've decided to work for? Oh, I don't think my answer will surprise you.
Well, I wish you the best of luck.
Enjoy your return to the law.
It's good to be back.
Hey, there.
Thanks for coming back.
All you had to do was ask.
You know that.
I hired everyone back, actually.
Good.
Because we're all in this for one reason, you.
And if you stop trusting us, you'll have no one.
I know.
I got you something.
Found it in one of those airport boutiques.
Very nice.
Thank you.
I'm not endorsing your habit, but I don't see you using your old one anymore.
I misplaced it.
Why doesn't that surprise me? It's probably back in Brussels somewhere.
- Just in the conference room.
- All right.
Hi.
- Hi.
Sorry.
- Sorry.
Just in the conference room, as well.
Thank you.
Welcome.
Follow me.
Thank you.
Wow.
Looks nice.
It's getting there.
So I thought I'd put you in here.
Perfect.
My Lord.
I didn't realize there would be so much stuff.
This is everything.
Including all of Naomi Walling's personal e-mails.
Why don't you get yourself settled.
I have a meeting with McClaren's people at 11:00.
Oh, do you want me to sit in? No, I'd like you to stay here and go through the leak.
All of it? Please.
Code it and pull everything bearing on Rachel Walling's case against us.
Busy work.
I get it.
You get what? You don't want me meeting the clients.
And I understand that.
You hired me to keep me away from Patty Hewes, and you don't trust me yet.
I don't blame you.
I also hired you because you've been up against her in court.
You read my case history.
Of course.
I only faced her once-- 1987.
It was a small domestic case.
It took guts.
So Rutger tells me some hacker has more information on Princefield? Yeah.
But he wants us to pay for it.
What did you say? I told him I don't pay for information.
So we'll just have to find it ourselves.
Working on it.
But first, I have to deal with the lawsuit.
Uh, Ellen Parsons is coming over to talk to me.
Namaste, you bitches.
In order for the standard of wrongful death to apply, the plaintiff has to prove that you harmed Naomi Walling intentionally, that you leaked her personal information with malice.
I understand.
At the online symposium, you stated publicly that you'd never even met her.
That's right.
So, did you? Did I what? Ever meet Naomi Walling? Never.
You can state unconditionally that you never made personal contact with Naomi Walling? Yes, I can state that unconditionally.
Never had occasion to speak with Naomi Walling in person? What's wrong with you? I just said "never.
" Then I need you to explain this to me.
That's Naomi Walling.
And that's you.
How did you get this? Not really the point.
This was filmed in a Manhattan hotel shortly before Naomi Walling's death.
That's not Channing.
Yeah.
It is.
Well done.
You nailed me.
Which means you're having me investigated.
You lied in public.
See, I told you she was the right lawyer.
Channing, you lied in public.
Yes, I lied.
Naomi Walling and I met in the city.
Jesus Christ, Channing.
How am I supposed to protect you if you won't even follow our own protocols? We have a strict policy.
Channing doesn't meet with whistleblowers.
But she insisted.
It was a condition of her turning over the information.
I don't care that you met with her, I just want to know why you didn't tell me about it.
Because I protect my sources.
And she didn't want anyone to know she met with me.
But now that it's out in the open, I may as well tell you.
We met twice.
The first time was in Rome.
She contacted me.
Why in Rome? Because that's where I was at the time.
So why did you meet with her again in New York? Once she had evidence against the Fund, we flew to the States so Rutger could talk to her and finalize the details.
They met without me.
Protocol.
Is that true? Yes.
She had collected the data, but by then, she was no longer certain she wanted to go through with the leak.
So you contacted her.
No.
She contacted me again.
She asked me to meet her at that hotel.
It's good to see you again.
You, too.
Sorry about this.
I've learned it's better to be discreet.
Oh, I understand.
Thank you for coming.
Sit.
Do you want a drink or something? No, thanks.
Do you mind if I smoke? No, go ahead.
I was uncomfortable not speaking to you directly.
Well, here I am.
And what happened there? Not much.
Naomi just needed some reassurance.
Yeah, but if I do this, what will happen at Princefield after the news breaks? The SEC will most likely investigate.
Uh, and your colleagues will naturally want to know the source of the leak.
But they'll never find out.
You mean the encryption code Mr.
Simon gave me.
We're the only ones who can unlock it.
And afterwards, there's no trace of where the information came from.
And this process-- you oversee it yourself? I do.
Naomi, we've done this many times before, and none of our sources has ever been publicly exposed.
Trust me, everything will be okay.
All right.
You'll get the files tonight.
I appreciate what you're doing.
I I know it's not easy.
This will be the last time that we see each other.
So, um good-bye.
So, in the end, she was willing to provide you with the leak.
Yes.
And how did her personal information get included? Naomi did not know what she was doing.
She sent us too much information.
But you didn't have to post it.
That was our mistake.
It slipped through the cracks.
Okay, fine.
But intent is everything.
You meant no harm.
Naomi had agreed to provide information.
Why would Channing want to embarrass her? That's the center of our defense.
Is there anything Rachel Walling knows that could hurt you? Naomi's daughter? I don't see how there could be.
Well, she wouldn't be suing you if she didn't have a story to tell.
You look worried.
With no solid evidence, it's going to be Rachel's word against Channing's.
Rachel is young, innocent and a victim.
So we're already way behind.
So how do you plan to take the lead? Before I can have a strategy, I need all the information.
I have Channing's story.
So now I need to depose Rachel and get hers.
Mrs.
Parsons? Yes? Long time.
Christopher Sanchez! Oh, my goodness! How you been? Oh, look at you.
I'm terrific! Last time I saw you, you were in a blue tuxedo with a great big cloud of ruffles.
Oh, you have no proof of that.
You look wonderful.
So do you.
Ellie told me about what you went through a few months ago.
I was sorry to hear about it.
She was a big help.
I'm so glad.
You must be proud of her.
I am.
Denise.
What are you doing? Oh, I ran into an old friend of my daughter's.
Well, get changed.
Let's go.
Well we're talking.
Well, stop talking.
Your shift started four minutes ago.
Cassidy's waiting to go on break.
I'm sorry, Chris.
He's so rude.
That's all right, Mrs.
Parsons.
Sounds like you're needed.
Um it was great to see you.
It was great to see you.
Oh.
Oh, uh, tell your mom I said hi.
I will.
All right, you take care, okay? Okay.
Bye.
Bye.
I want to start Rachel Walling's deposition this week.
When will it finish? When I come to the end of my questions.
No.
Nothing open-ended.
I'm concerned about Rachel's emotional state.
She's still reeling from her mother's death.
I'll give you one day.
To cover her mother's history, their relationship, the suicide, the leaks and McClaren? I want four days.
Two days.
But it has to be at my office.
Rachel's comfortable there.
Your office is fine.
Two days isn't enough.
I need three, at least.
You'll take two days, or I'll file a petition with the court saying that Rachel is too grief stricken to be deposed at all right now.
Okay.
Two days.
Eight-hour sessions.
Four hours.
Rachel's a high school senior.
She's struggling to regain some sense of normalcy.
She has grief counseling every afternoon.
If she's stable enough to file a lawsuit, she can find the time to be deposed.
Four hours is absurd.
I'll give her seven hours with two half-hour breaks.
Some of us have other clients, Ellen.
Six hours, two breaks.
Six hours, one break.
Done.
I hear you've hired a staff.
One associate.
Your old friend, Kate Franklin.
After a 25-year layoff, you have to wonder if she can still hack it.
I don't know.
She seems to know a lot.
You know why this is my favorite kind of lawsuit? Because all the facts of the case are in question.
So if the facts won't win it or lose it, what will? One of us.
On a nice, big stage.
I'll see you at the deposition, Patty.
Hello.
- So, by way of an update - Yes, yes, yes.
Get to it, please.
Everything is proceeding well.
Don't be ridiculous.
Failure is failure.
And this is failure.
- Well, call it what you will - I just did.
Failure.
Now what happens with the lawsuit? We have to be prepared for it to drag on, which means More money.
More money, more money, more money.
You always ask for more money.
Well, at the moment, you're our only source of funding.
As you know, we can't exist without private donations, and now we need money to pay for the attorney.
Mm-hmm.
This attorney she's worth it? She's very young.
And I think too attractive to be good.
Channing chose her.
That's because Channing thinks with his penis.
I'm asking, is the girl any good? You said this would be dismissed quickly.
Yeah, well, I was wrong.
Can you help with the funding or not? I'll see what I can arrange on short notice.
Thank you.
Mr.
Simon.
If you wish to accomplish your goals, you do not do it alone.
Never forget that.
I'm glad you finally got a chance to get away.
Yeah.
Me, too.
The next two days are going to be rough.
So, how's the case going? I have no idea what the truth is.
McClaren is bizarre.
He lies.
I call him on it.
He admits he's lying, and then moves on.
Like nothing matters.
I don't know.
How are you? How's your week been? It's funny because, uh you know, I'm working at V.
A.
out in Jersey.
I ran into your mom.
Where? At the Hudson Square pharmacy.
I didn't know she worked there.
She doesn't.
The manager seemed to think she does.
My mom? Yeah.
That's crazy.
She didn't tell me she got a job.
Why would she hide that from you? I don't know.
I don't want to know.
Sure I can't get you something to drink? No, thanks.
Hi.
I'm good.
Sit.
All right.
So.
The first day of a deposition is really just a fact-finding mission.
The opposing attorney will ask you questions to hear your side of the story.
And even more important than the questions are your answers.
Right? Now, keep 'em short.
Make sure you answer the questions asked, but only the questions asked.
If you don't understand the question, ask her to repeat it.
But don't be a smart-ass.
- No sarcasm, no jokes, no - Thank you, Bill.
But your most important responsibility is very simple, tell the truth.
What is it? When you asked me if my mother had a personal relationship with McClaren, I told you they never met.
That wasn't true.
They did meet.
Why did you lie to me? All right, have fun.
Yeah.
Bye.
Bye.
I love you.
I I was afraid it would make my mom look worse.
Okay, everyone on TV, they're-they're only talking about the sex stuff.
Nobody is giving her any credit for exposing insider trading at Princefield.
My mom told me that she and McClaren met.
More than once.
Are you saying your mother had a sexual relationship with McClaren? Yes.
They slept together once, but it didn't end well.
Rachel, are you making this up because you think it would be good for our case? I'm not lying.
Okay, then.
We need to hear everything you know about it.
The story you tell in this deposition is going to be the foundation for our whole case.
Do you understand? Yes.
Ellen! Hey, Ma.
Uh, hang on.
Ellen Parsons.
Now's not a good time.
Can I call you when I'm back in the office? What are you doing here? You're working here now? Just for the past few months.
Who told you? Chris Sanchez.
Oh, yes.
Oh, it was so nice to see him.
Oh, he's so handsome.
I always liked Chris.
- He was so - Mom, when did you get a job? Is everything okay? Oh, yes, fine.
It's fine.
Then why didn't you tell me? Well, there's nothing to tell.
I mean, I like having the extra pocket money with the holidays coming up and everything.
And, uh, your father and I thought it was a good plan.
Oh, my God, Ellie.
Why do you always have to assume the worst? I love it here.
Terrific people.
We spend the whole day laughing.
And I'm learning a ton about business.
Truly, I couldn't be happier.
Okay.
So, please, I don't want you to worry about me.
All right, I won't.
- Well, I got to get back to the office, so, um - Okay.
So bye, Ma.
Bye, sweetie.
I'm glad you're enjoying yourself.
Yeah.
Ellen.
Patty.
Ms.
Walling, before we go on the record, I want to tell you how truly sorry I am for your loss.
Thank you.
Are you okay to get started? The floor's all yours.
Ms.
Walling, to the best of your knowledge, what were the circumstances surrounding your mother's decision to contact Mr.
McClaren's organization? My mom contacted Channing McClaren shortly after she became aware that there was criminal activity at her job.
You're referring to alleged insider trading at Princefield Investments? Yes.
My mom discovered Fund 23 was making illegal trades.
She was very upset, and she wanted to expose what she knew.
Did she tell you why she didn't go through official channels? Why she didn't go to the SEC? She said she wanted to remain anonymous.
She was afraid her career would be ruined if she went public.
That's why she contacted Mr.
McClaren.
Did she tell you how she contacted him? Yes.
My mom was in Rome for a business trip.
She knew Mr.
McClaren was living in Europe, so she spoke with him.
In person? Yes.
And were you at this meeting in Rome? No.
Then how do you know Mr.
McClaren and your mother met in person? She told me.
And she told me they slept together.
Did your mother tell you if she sought out Mr.
McClaren on her own volition? What do you mean? Did anyone force your mom to meet with Mr.
McClaren? No.
Like I said, Princefield was breaking the law, and my mom wanted to stop it.
So your mother told you she voluntarily sought out Mr.
McClaren in Rome in order to ask for his help? Yes.
Did Mr.
McClaren agree to help her? Yes.
He told her to go back to New York and get records of the crime.
Then they would meet again.
And did that happen? Yes.
She collected evidence for several months.
And then they met again in New York.
Where in New York? At a hotel.
It's good to see you again.
You, too.
So Mr.
McClaren showed up yet again at your mother's request.
I'm not sure who asked to speak to who.
Did you mother tell you what happened the second time they met? Yes.
Mr.
McClaren attacked her.
Sorry about this.
I've learned it's better to be discreet.
Oh, I understand.
Thank you for coming.
Sit.
Do you want a drink or something? No, thanks.
Do you mind if I smoke? No, go ahead.
I was uncomfortable not speaking to you directly.
Well, here I am.
What will happen at Princefield after the news breaks? The SEC will most likely investigate, and your colleagues will naturally want to know the source of the leak.
But they'll never find out.
The encryption code Mr.
Simon gave me.
We're the only ones who can unlock it, and afterwards, there's no trace of where the information came from.
And this whole process, you oversee yourself? I do.
So there's nothing to worry about.
No, please, don't.
Sleeping with you in Rome was a mistake.
Uh I'm afraid this is something I can't follow through on.
What isn't? The leak.
I can't do it.
I'm sorry.
What did you say? I'm not going to do it.
I just I have to I have to consider my daughter.
So your mother reported all of this to you? Yes.
We were very close.
Why am I here, Naomi? You already spoke to Rutger.
Why call me? I just wanted to talk.
Just stop dicking me around! I have waited six months for this information! All right.
You need to leave right now.
You think I can't take what I want? Why did you call me, huh? Why did you call me here? Stop it.
Stop! Just to say no? I don't think so.
Get off! I think this is what you want.
Get off me! If I give you what you want, will you give me what I want? Huh? Get off! I'm giving you a chance to be a hero.
Oh, fuck! I swear to God, you get the fuck out of here right now or I will call the police.
That'd be a big fucking mistake.
If you care about your daughter as much as you say don't let me down.
That's quite a dramatic account, Ms.
Walling.
Objection.
A question would be helpful.
Ms.
Walling, did you witness the alleged assault you just described? No.
And have you ever had occasion to discover your mother lied to you? No.
Never.
Impressive.
I don't think most people could say that about their mothers.
Objection.
What's the question? Isn't it possible that your mother may have lied to you about what happened with Mr.
McClaren? Why would she lie? The whole reason she went to Mr.
McClaren was to tell the truth about what she knew.
Isn't it possible that your mother may have lied to you? I knew her.
And I could see she was telling me the truth.
When was the last time you spoke to your mother? I was out with friends.
She called to tell me she loved me.
And, uh and that she was doing better.
I told her I loved her.
Then I went home later and found her dead.
I'm sorry, Rachel.
Aside from that, do you understand that everything you said here today is secondhand knowledge? There isn't one detail you can provide about these events that you yourself witnessed.
Everything you can contribute to this case-- absolutely all your testimony-- is simply hearsay.
Objection.
Will you please refrain from bullying my client? Frankly, I'm surprised counsel didn't caution you.
Despite your laundry list of accusations, there's nothing you can prove.
You can't be certain your mother ever met Mr.
McClaren, because you never witnessed them together.
Isn't that correct? Answer the question.
Do you have one shred of evidence that you can provide to support any of the claims you've made here today? Yes.
I have something.
Well, let me guess.
Your mother gave it to you.
Yes, she did.
But it belongs to Mr.
McClaren.
He threw it at her.
Or so my mom said.
Any further questions? None of that happened.
The girl fabricated the whole story.
It doesn't matter.
How can the truth not matter? What matters is whose truth plays better.
And hers was quite detailed.
Lots of things are detailed that aren't true.
Her level of sexual detail was quite plausible.
That's because you've never had sex with me.
Channing.
What makes that description of me even remotely credible? I know.
Let me be crystal clear.
I met Naomi Walling twice.
And beyond a simple handshake, we had absolutely no physical contact.
I did not coerce her.
I did not assault her.
Now, I have nothing more to add to this discussion.
Except that I'm hungry.
I'm going to get something to eat.
Did Channing ever own a metal cigarette case with his name engraved on it? Yes.
He lost it.
Rachel Walling has it.
She said that he threw it at her mother in the hotel.
Well, she's a fucking liar.
Is she going to sink us? I don't know yet.
But I still have one more day to depose her.
The funds can be arranged.
Your money will not be an issue.
That's very good news.
Thank you.
However, we cannot tolerate a protracted trial.
If Ellen Parsons can't produce results quickly, replace her.
- Well, I understand, but - This is not a debate.
Channing wants her.
You know how he can be.
I don't give shits for how he can be.
If she fails, fire her.
I understand.
You were right about my mom, by the way.
She is working there.
Something's got to be seriously wrong.
Maybe your parents just need a little extra money.
No.
She's hiding something worse.
I know her.
You didn't ask her what it was? Nope.
She wanted me to, but for the first time in my life, I didn't ask.
I don't have time in my life for another Parsons family drama.
Okay.
I'm not going to let her suck me in.
Okay.
I mean, why should I, you know? It's enough already.
Chris? Mrs.
Parsons.
Oh, I didn't know.
I'm so sorry.
No, no, no, no, it's okay.
Come in, come in.
Are you okay? I'm sorry.
No, it's okay.
Mom? I'm-I'm so sorry.
What-what's the matter? I'm sorry.
- I wouldn't have come, but - No, no, it's okay.
What-what's wrong? What do you need? Can I stay with you? Of course.
Of course.
It'll just be a few days.
Oh, Ms.
Hewes.
Did you want to see these? What's that for? It's her birthday, remember? I thought Catherine may enjoy choosing one herself.
Oh.
Oh, yes, of course.
Well, whatever Catherine wants is all right with me.
I was thinking Catherine could celebrate with her preschool friends on Saturday.
Happy to make a special dinner on the night itself.
That sounds perfect.
Go away.
Catherine.
You know you're not supposed to play with this.
Isn't it possible that your mother may have lied to you about what happened with Mr.
McClaren? Why would she lie? The whole reason she went to Mr.
McClaren was to tell the truth about what she knew.
She called to tell me she loved me.
I told her I loved her.
And then I went home later and found her dead.
Are you able to save me? You find a smoking gun? I'm sorry, but there isn't one.
I have been through everything.
Here's the e-mail correspondence between Rachel and Naomi Walling over the last six months.
Anything jump out at you? No.
It's just mother-daughter stuff.
They were close.
How close? Very.
And I used the police report to put together a timeline leading up to Naomi's suicide.
Rachel is out with friends, comes home, finds her mother's naked body dead in the tub.
It's horrible.
But nothing that contradicts what she said the other day? Nothing I could find.
Um, here are the phone records from that night.
Hmm, there's lots of blocked numbers.
Which could be McClaren, but there's just no way of knowing.
I'm sorry.
I wish I could have found something.
Ah, don't be sorry.
I can't find anything, either.
Why did you circle that call? Oh, it seemed sad to me.
I just noticed that right before she killed herself, she made one last call.
To Rachel.
Who was out with friends.
Maybe she wanted to say good-bye to her daughter.
Hmm.
Kate, could you come in early tomorrow? Sure.
Good.
I'd like you to join me at the deposition.
So I've straightened out our financial situation for the moment.
Payment for work to date.
Thank you so much.
Please, have a seat.
Unfortunately, our donors' enthusiasm for the cause has also made them restless.
I've explained how things have progressed so far, and they don't have much confidence in you.
They're not my client.
Look, Ms.
Parsons, I like you, I do.
You've won me over.
- But - But I don't make the decisions.
Without the generosity of our benefactors, we cease to exist.
Even Channing can't say no to them.
What are you telling me? I've been given a directive.
If this deposition continues to go south, we'll be forced to find another attorney.
Mr.
Simon, one deposition does not make a case.
I'm afraid it might.
You all right? What? Are you all right? - You seem - I'm fine.
This deposition today-- if it doesn't go better than last week You'll have a lot of work to do.
Well, I won't have any work to do.
Ms.
Parsons, Ms.
Franklin.
They're ready for you in the conference room.
This way.
Here we go.
As I'm sure you're aware, several of the e-mails in the leak were written to you.
It's clear your mother confided in you, trusted you.
Didn't she? I told you, we talked a lot.
We were very open with each other.
I was also looking at the phone records from the day your mother died.
Am I correct, she called you several times? Yes.
I'd like to ask you about a few.
There was a call at 5:07 p.
m.
Do you recall that? A little after 5:00 I was coming home from choir practice.
Um, I called about dinner.
She was upset and hadn't really been eating, so I asked if I could bring something home for her.
Okay.
And then about a half hour later-- at 5:49 p.
m.
-- she called you.
Do you remember why? She wanted me to buy some newspapers on my way home.
I told her she should stop reading them, they would only upset her more.
So what did you do? She wanted me to buy them anyway, so I did.
I see.
And then she called you again about 40 minutes later.
Do you remember what that call was about? The subway had taken longer than usual.
She was wondering where I was.
Got it.
Um, let's see.
There's another call I want to ask you about.
It was later that night at 11:01 p.
m.
Am I correct, that was the last time you ever talked to your mother? Yes.
Do you recall what you were doing? As I said before, I was out.
A friend's parents had just gotten divorced.
So a few of us were trying to cheer her up.
My mom called to check on me.
Are-are we done here? I still have 20 minutes.
My client is exhausted.
She needs a break.
We only agreed on one break.
But I can see that Rachel is tired, so sure.
Let's take five.
- Are you all right? - Yeah.
Oh, it's a long day.
How are you holding up? I'm fine.
No, you're not.
You're fishing in there.
You should be going for the jugular, not going through phone records.
Well, don't beat yourself up, Ellen.
Sometimes the facts just aren't on your side.
There aren't any facts in this case.
You said so yourself.
It's just you against me.
Well you've got 20 minutes.
Good luck.
Thanks for hanging in there, Rachel.
We're almost done.
Ms.
Franklin, can you tell me when 20 minutes is up? I don't want to keep Rachel any longer than I have to.
Of course.
Thanks.
I'd like to go back to that last phone call.
The night your mother died, you went out? Yes.
You said your mother seemed upset, but you left her alone.
Why? I told you.
My best friend was having a tough time, and my mom had my cell number, so if she needed anything she could call me.
And she did call you.
To "check on you," you said? Yes.
And that was the last time you ever spoke to her, right? Objection.
Asked and answered.
What did she say when she called? Mom, hi.
That she loved me.
And I told her I loved her.
You got to tell her you loved her.
I'm sure that must be a comfort.
Yeah.
Can you walk me through that final conversation? What do you mean? Well, um, you seem to have an excellent memory for conversations with your mother.
I imagine the very last time you ever spoke to her must be pretty clear in your mind.
Am I right? Yes, I remember it.
How did the conversation start? She called.
Hi I answered and asked how she was feeling.
She said she was doing better.
What did you say? I said "Good.
" Good.
Then she asked when I would be home, and I said that I wouldn't be too late.
And then? She said not to worry.
She was doing better.
So she said she was doing better twice? Yes.
Then what? Um, well, she said not she said not to worry about her.
That I should talk to my friend and try to cheer her up.
And then what? I said, "Are you sure?" And she said, "Yes.
" And then I told her that I loved her.
Is that when she told you that she loved you? Yes.
I said that I would see her soon.
She said good night and then I said good night back and then she hung up.
And that was it? She didn't say anything else? No.
That was all.
Okay, Rachel.
I'm going to read back the phone call to you.
Stop me if I'm getting anything wrong, okay? "Hey, Mom, how are you feeling?" "I'm doing better.
" "Good.
" "When will you be home?" "Not too late.
" "Well, don't worry about me, Rachel.
" "I'm doing better.
" "Talk to your friend.
" "Try to cheer her up.
" "Are you sure, Mom?" "Yes, I'm sure.
" "I love you.
" "I love you, too, Rachel.
" "I'll see you soon.
" "Good night.
" "Good night.
" Does that sound about right? Yes.
Ms.
Franklin, could you hand me the phone records, please? Rachel, do you see the column with the dates? And the highlighted call at the bottom? Yeah.
That's the call you just described.
Next to it, you can see how long the call lasted for according to the phone company.
What does that say? Two seconds.
Now, while I was recounting your version of the call, Ms.
Franklin was timing it, and according to you, the conversation would have lasted at least 25 seconds.
There's no way that you could have said all of that to each other, could you? Objection.
The plaintiff does not accept your timing as fact.
Well, you can argue that in court.
My question to Rachel is, what really happened at 11:01 p.
m.
? That two-second call went to voice mail, got disconnected or you ignored it.
What you just recounted is the phone call that you wished you'd had Objection! Speculation.
No Ms.
Parsons you're right.
We didn't even speak.
I just missed the call.
Yeah, Mom? Mom? I answered, but she she'd already hung up.
Okay, it was just my mom.
I'll call her later.
Should we get food? You didn't call her back, so you feel guilty? So you made up that whole conversation, didn't you? We're done here.
My 20 minutes aren't up, and she is required to answer.
Yes, I made it up.
And how do we know you haven't been lying about everything you've said throughout this entire deposition? You don't have to answer that.
Now we're done.
It's been a long time since I was part of a deposition.
It's also been a long time since you've been across the table from Patty Hewes.
Well the case back then was a lot different.
For one thing, I lost.
So you've already got one on me.
Ooh! Mmm.
Look what we have for our special girl.
Happy birthday, Catherine.
Happy birthday.
Wait, wait, wait, wait.
Don't-don't you don't you want to make a wish? No, thank you.
Yes, Perry? Here we go.
Ah! What, she's here now? Well, yeah, all right.
Yes, okay.
Yeah, let her let her come up.
All right, now, let's see.
What side shall we cut from? It's so big.
A big piece, huh, for a big girl? Hi.
I'm sorry to disturb you.
No, not at all.
What can I do for you? Nothing, really.
Uh you just haven't returned his messages, and, um well, I just thought you should know that he wants to talk to you.
Why would he possibly want to do that? Because he's dying.
Well, thank you for coming.
It's my granddaughter's birthday, so got to get back.
Well.
You've been told.
Good night, Kate.
Good night.
When I am through with you There won't be anything left When I am through with you