Damages s01e08 Episode Script

Blame the Victim

Previously on Damages mujdat6 We found her prints and her fiancés blood on the murder weapon.
Ellen Parsons, you're under arrest for the murder of David Connor.
Hollis nye said you wanted to see me.
I need you to find Patty.
Nobody knows where she is.
Mr.
Nye, Tom just left.
Stay on him.
He'll lead you to Patty.
We had our first fight.
You and david need to take some time together.
You're both so busy.
They're good, hardworking people, and they're afraid of losing you.
You try to lead by example.
And they want you to lead, and then they resent you for it.
Looks like our boy Gregory Malina's going to be deposed after all.
I am not going to let your young friend sit across a table from Patty Hewes and face an inquisition.
Your witness has other priorities.
I lost him.
Then find him.
I think that you and I together could end this.
Let's stick to our plan.
Take this money and get on with our lives.
Your cooperation has been invaluable.
I want to double our arrangement.
You still didn't make new keys.
There's no time.
Your sister was going to bring over the extra set.
But she didn't.
I'm sorry.
What is this? The cake lady sent them over for the wedding.
We have to choose? But I gotta go, so whatever you like is great with me, just nothing too - lemony.
- Wait.
No, no! I'm not deciding.
Why not? Because I'm the guy.
I don't give a shit.
Okay, fine, fair enough.
Oh, this one.
It's great.
So, the last time you saw david alive.
What happened between you two.
David and I had Take your time.
David and I had a fight.
I don't know what you're doing anymore.
I know exactly what I'm doing.
Oh, really? A man's dead now.
Was that the plan? This is what it takes.
I don't want this life.
You decide right now.
Do you want us or do you want this job? - Please don't do this.
- Right now.
Right now! You can't decide, can you? No.
No.
We're done, Ellen.
Damages Season 1 Episode 8 Blame the Victim - Bye, Michael.
- Bye, mom.
First family breakfast in over a year.
We can't find Gregory Malina.
What, Tom? There's a court order for Gregory to appear.
Useless.
The police will never find him.
Either he's in hiding or he's dead.
Either way, we have to plan our next move.
Yeah? Ms.
Hewes, one of the client reps is here to see you.
Who? Peter Hassett.
Send him in.
What are you going to tell him? I'll tell him the truth.
Without Gregory Malina, we're going to lose the case.
Peter have a sit Come here for a second, will you? Kevin, hey! You ding up a caddy this morning? Did I what? Got a guy in there saying his door's all scratched up.
Yes or no? If it's the guy I'm thinking of, they may have been there before.
The brushes have to be replaced, Kevin.
I've been telling you that.
It's not the brushes, Larry.
Manny doesn't have these issues.
Neither does wanda.
Wanda wears jeans that let her patooty show, is why nobody complains about her.
And manny just got fired.
Manny just graduated high school.
He gave notice and left for college.
Is this about me being more careful? Larry, I can't keep covering for you.
At this point, my ass is on the line.
I gotta make a change.
You're firing me? My daughter went to prom with you, I drove you there myself.
That was 20 years ago.
I tried to do you a favor here, and it just didn't work out, okay? Turn your shirt in to gloria, and I'll pay you for the week.
I'm sorry.
- Yeah? - So I called your parents.
They were already on their way.
But you told them i couldn't have lunch.
Not really.
- What? - Well, they wouldn't cancel.
Okay, in the future when I'm unavailable, you just need to explain it to them.
Say I'm with a client or in a meeting.
I know.
I'm sorry.
I should have said that.
You asked for me? Yeah, the paralegals have finished annotating the sec memos.
I'd like you to review them and report to Tom.
What am I looking for? Inconsistencies, anything that even hints at a red flag.
Would you pull the files, please? Right away.
Anything else? How's your new assistant working out? It's a little bumpy, but he'll catch on.
I don't like him.
That's all.
Get to work.
Hey! There he is! Mr.
Frobisher.
Good to see you, Larry.
Hey, you need breakfast? You want an omelet? No? I'll tell you something, we got some great lemonade here.
No, thank you, Mr.
Frobisher.
Sit down, please.
I get famished after racquetball.
It's a great workout.
A lot more exciting than tennis, too, I'll tell you.
You play? Bowling was my game.
Yeah, yeah.
Once hit a 900 series in league play.
But you know, I haven't been out since my eyes started to go.
These days, I couldn't even pick up a two-pin spare.
Exactly.
Exactly.
So, sorry about that.
What can I do for you? I'm going to be direct with you, Mr.
Frobisher.
Please.
We had a deal.
I know that.
I got the employees to vote for your settlement offer.
I tried to get 'em to fire Mrs.
Hewes, I did everything you asked me to.
Yes, you did.
You said I'd be taken care of.
And after the trial, you will be.
That could be a year from now.
I can't wait that long.
Larry, I was very clear about that.
You said you were going to double our arrangement.
All right, yeah, tell you what I'll do.
I'm gonna call my people, all right? We'll see if we can get something set up for you here.
In the meantime, keep doing what you're doing, all right? We're gonna get through this together.
They're here.
Who is? Your parents.
- What did she bring? - Muffins.
I think they're for you.
Honey! I assumed the office was nice, but geez! - Hi, dad.
- Hey.
My assistant called, right, told you I couldn't make lunch? I was a little surprised you didn't call us yourself.
We had a plan.
I know.
Let me make it up to you later this week, I promise.
Yeah.
Ellen, we have to talk.
What's wrong? We were in a car accident.
Oh, my G are you okay? It was a month ago.
We're fine.
But, I hit a crossing guard.
Outside a school.
Was he hurt? She.
Linda reynolds.
Linda broke her hip.
She had surgery at hudson general.
- When? - Two weeks ago.
He wouldn't let me call you.
You're busy.
I didn't want you to worry.
We have insurance.
I met with the lawyer from the company.
And? These guys are sleazeballs.
Lady's in the hospital, all they care about is bottom line.
Dad, what did the lawyer say? I've got it under control.
My deposition is tomorrow afternoon.
Tomorrow? I told him.
Your daughter's a successful attorney, talk to her.
It's under control, denise.
Okay, just tell me what happened.
We were headed to your sister's, I made a crack about your brother-in-law, and your mother got angry.
What does that have to do with it? We were arguing when I hit the guard.
So it's my fault? No, I'm just saying we were fighting And maybe that's why I got Patty wants to see you.
I want to talk about this more, so just wait here, okay? We have to go to the hospital.
What for? To say hello.
I told linda we'd stop by.
Your mother made muffins.
No, no.
You don't give her anything.
I'll explain when I get back.
Please, just wait in my office.
For crying out loud.
You know I just don't understand how we could win at trial, Mrs.
Hewes, unless you got something you're not telling us.
The truth is, we may never get to trial.
Then what the hell are you doing? I can't imagine the pressure you must be under these days.
No.
You can't.
How many years did you work for Mr.
Frobisher? Chloe was born.
That's right.
And nothing to show for it.
In a litigation like this, every move we make has a purpose.
Pushing for a trial is also how we get a higher settlement offer.
So you'd be willing to settle.
Well, I don't want to.
But if Frobisher's people came up with a fair offer, I'd have to advise you all to seriously consider it.
What's fair? After losing Gregory Malina, I'd like to go in at $350, $400 million.
But it's a negotiation, and at this point, we might have to accept as little as Only as a last resort.
Makes sense.
In the meantime, Larry, I need you to be supportive of our efforts.
Patty's willing to settle now.
I doubt it.
Popler has got a lot of sway with the client reps.
I'm sure she's just trying to get him on board.
You didn't fire him yet? Why would I do that? Well, Patty wants you to.
She didn't say that.
She said she didn't like him.
And that means? Get rid of him.
- S.
EC files? - Yes.
This is it.
You brought me everything from 1998? Yeah, I need everything from the beginning of the sec investigation.
Not just the trial.
Sorry.
Where did my parents go? Your dad said something about a woman in the hospital, so Parsons! Let's go.
Your attorney's here.
Turn around and face the wall.
Put your hands behind your back.
And then you'll enter your plea.
Did you contact my parents? They're on their way.
And Patty? We can't find her.
But we're still watching Tom Shayes.
Ellen Parsons.
Six-percent grade, fast greens, breaks to the left.
It's all about focus and concentration.
As much as I wish this case could be decided by your short game, we've got a deposition to prepare you for.
I've gone through your transcripts from the government trial, and there are a couple of areas I feel we can handle better.
You think I gave away too much? I'd like to bring in a specialist, help prepare you for the deposition.
Patty Hewes's whole case now is about tripping you up.
Let's do it.
Get us a barracuda.
Get us the toughest son-of-a-btich attorney you can find.
But I'm telling you something, Ray.
She's scared, man.
She's losing her confidence.
What makes you think so? I have it on good authority that she's willing to settle.
Whose authority? $175 million is what it would cost.
A few weeks ago, this woman was, like, gung ho for a trial, right? She's scared, man.
What do you mean, on good authority? No, don't worry about it.
It's just Jesus, no.
What? Don't tell me you've been talking to someone on the inside.
Look, he's a good guy, Ray.
He's a straight shooter.
You know something, we should be showing him some gratitude.
Seriously, I want you to, you know, get him set up with some account, you know? Offshore, however we do that.
Absolutely not! Who knows about this? No one.
You haven't paid him anything, have you? - I gave him my word, Ray.
- All right, in no uncertain terms, I am telling you to shut this down! Never again are you to have contact with this man, under any circumstances! You can go to jail for this.
You understand? No more.
All right.
I understand.
Well, isn't this a swell picture.
What, rRay? Your little precious never takes a shit? I wish I caught you in a better mood.
I'm fine.
Well, then perhaps you'd care to humor me for a moment, off the record.
I'm listening.
Understand, I'm not authorized.
I'm making no promises.
I'm not taking any.
My client pulled his offer of a hundred million.
What if I could get him to reconsider, maybe even sweeten the pot a bit? Why would he do that? Let's you and I do the math here, Patty.
- Okay.
- All right, here's what you've got.
A billionaire who the public already believes is corrupt, whether he is or isn't.
He is.
And here's what I got.
No smoking-gun witness or any credible evidence that my client did anything wrong.
You're sure about that? It's a draw, Patty, and we both know it.
Now, we go in that courtroom, we might as well flip a coin.
Is that any way for two old friends to do business? What's your number? Well, I'm not saying I could go as high as 200, but But in the ballpark? Oh, we're just talking here, but I think 150 would probably get you a deal.
Maybe even So Was I right about Larry? Yes, Peter.
Mr.
Popler's leaking information to Frobisher's camp.
How do you know? I gave him 175 as a settlement number.
Ray fiske brought it right back to me.
So what are you going to do? Unfortunately, we don't have the evidence to use this against Frobisher.
There won't be a paper trail, money exchanged.
I think the best thing to do right now is nothing.
We'll keep an eye on Larry.
In the meantime, let's not mention this to the other client reps.
Our investigators are trying to locate Gregory Malina since he skipped out on his deposition.
Unfortunately, Mr.
Malina seems to have disappeared.
So that's it? We don't have his testimony? Relax, Larry.
Just let them talk.
Of course, we're still looking for him, but once someone leaves the state How the hell does a witness just up and disappear? I think you all should know what we're up against.
We have reason to believe that Mr.
Malina's life was threatened prior to the deposition.
It's quite possible that the other side got to him.
What are you saying? He's been killed? We're seriously looking into that possibility, yes.
This is the voice mail of Arthur Frobisher, please leave a message and have a nice day.
I've been leaving messages all week.
Call me back.
We got to get going here.
Call me back.
Larry, dinner's ready.
You think they killed this Gregory guy? We don't know.
He never tried to call Katie again, did he? No.
No, just that once.
- Ellen, if this is true - I know.
Thank you guys for showing up.
I appreciate that.
See you Tomorrow.
Oh, boy.
Take me home, man.
Did you kill that kid? What? What kind of man are you? àWhat the hell are you talking about? That witness, Gregory Malina.
Patty Hewes says he was knocked off.
Oh, for christ's sake.
How many times I got to tell you, that woman is crazy, Larry.
I don't know what you're talking about.
I don't know any Gregory Malina.
What's the matter with you? I've been calling you all week.
All right, just relax, will you? It's late.
Can't we do this tomorrow, please? I need my money! Hey, derek, derek, derek, come on.
Hey, it's all right.
Larry's a friend of mine.
Come here, come here.
You don't want me to give you any money right now.
Trust me.
So far neither of us has done anything illegal.
You gave me your word.
Listen to me, will you? Giving you money is a crime, all right? It's bribery, obstruction of justice.
We could both go to jail.
Come on.
It's the best way for both of us.
All right? Hey, come here.
You live in jersey, right? Give him a 20, will you? Just do yourself a favor, get a cab and go home, please.
Come on.
Patty Hewes has ears, too.
Maybe I'm talking to the wrong person.
Larry, you don't want to threaten me.
- Take the money.
- I mopped your floors, - you son of a bitch! - Oh, shit.
What are you doing? Be gentle here, man.
I hope you burn in hell! Oh, for chri yeah, it's me.
We need to talk.
I'm sorry we had to run off like that.
Dad, I admire you wanting to visit this woman, but legally it was not a good move.
- It wasn't a move.
- I get it.
But bringing her muffins, that kind of thing can be used against you.
It's an admission of guilt.
I hit the woman with my car.
I sent her to the hospital.
I'm not supposed to go visit her? Unfortunately, no.
And you can't apologize, either.
You're involved in a lawsuit.
You have to protect yourself.
Mom, you know what? I'm not hungry.
Nonsense.
I met the woman.
I looked her in the eye.
She's going to need physical therapy for the next two years.
It's not your job to get her bills paid.
It's her lawyer's.
I don't trust her lawyer any more than I trust the guy from the insurance company.
It's all a game to them.
Yes, it is.
And you could lose.
That is why, in this deposition, you have to keep your answers brief.
- Do not elaborate.
- Fine.
Keep it simple.
Stick to the facts where the woman was standing, how fast you were driving.
That kind of thing.
Understand? Yeah, got it.
I think I should be there with you.
Not necessary.
Gary, she's not a 12-year-old anymore; she's a lawyer.
- Let her help you.
- She has to be at work.
Don't you? I'll make time.
I'll be there.
This looks like a whole lot of nothing.
You know who built up this part of the state? Wasps.
Beavers.
You lost me.
No, I'm not kidding.
Place was flush with them.
Indians used to trap them and then trade them for everything blankets, hatchets, iron kettles.
Then when they got hooked on the white man's goods, they started trading the only other thing they had left.
Otters? No, you idiot.
Land.
I'm going to develop this.
Real estate, that's not your thing.
I'm sick and tired of standing around the sidelines like this, you know? I need to I need to build something.
You want to tell me what happened to Gregory Malina? Don't ask me; ask Ray Fiske.
And while you're at it, ask him how he knows Malina in the first place, and why he used him to set up the condo in palm beach.
- What difference does that make? - I don't trust him.
Five years ago, I went out on a limb for you.
You're not the only one in the line of fire here.
What happened to Gregory Malina? Looks like our boy Gregory Malina's going to be deposed after all.
Make sure it doesn't get screwed up this time.
I'll do it myself.
I thought you didn't want to know.
I do now.
Excuse me.
Sorry.
- What's his name? - Theo.
Miss Hewes, when we were in your office, were you suggesting that I should fire him? Why? You want to fire him? He just started.
I thought I should give him some time.
He's your assistant.
Do what you want.
Anything jumping out at you? Not yet.
There is an official from the S.
E.
C who was aggressive in going after Frobisher's company.
Tom and I thought he might be worth talking to.
His name? George Moore.
I don't think there's anything there.
Moore was interviewed extensively for the government trial.
I thought we'd just pick his brain.
If Tom thinks it's useful, it's fine with me.
Miss Hewes, is it okay if tomorrow I step out for a few hours? What for? My father hit a woman with his car.
He's being deposed, and I thought that I should be there.
Well, of course.
Is he at fault? He seems to think so.
I mean, he's the kind of guy who likes to take responsibility.
Better be careful.
We plaintiff attorneys can be vicious.
His best strategy is to blame the victim.
I know.
At all costs.
It was her fault, period.
He's in the bathroom, but he'll be back in a minute.
I'm so sorry to interrupt your dinner.
Hello.
You must be chloe.
Patty Hewes.
And Rob.
Hello.
What are you doing here? I was in the neighborhood.
Thought I'd meet the family.
Now is not a good time.
How about I come by the office Tomorrow? Ah, afraid it can't wait, Larry.
Ray Fiske came to see me.
He offered a settlement.
Hey, that's terrific.
$175 million.
Should we take it? Why are you asking me? Because 175 is a interesting number.
I don't know what you're implying.
You've been talking to the other side.
- Are you nuts? - No, you don't want to do that.
Don't speak without a criminal attorney present.
You're already facing three to five.
How dare you come in here and hijack me with accusations? Yeah, the truth is, Larry, I like you, but I think you're in over your head, and prison is the last place where you belong.
Arthur frobisher is smart.
I'm sure he's got a way to get you your blood money, with no paper trail, so I'm really just here tonight to make you a promise.
Oh, yeah? What's that? I'm going to wait and watch until you buy a house, or mildred buys a car, or chloe here buys a toothbrush.
You need to understand this, Larry, no popler for the next hundred years will be able to spend a nickel of that money without being humiliated, disgraced and locked up.
You all have a nice night.
How do you plea? Not guilty.
Not a flight risk, your honor.
No prior criminal record.
An upstanding member of the community.
Bail is set at $1.
5 million.
Next.
Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you god? I do.
And when you pulled even with the stop sign, did you see Miss Reynolds? Yes.
She was standing to my left, about ten feet away.
Did you see miss reynolds walk towards your vehicle? No.
Not even out of the corner of your eye? Move on.
You already said no.
Mr.
Parsons what was your general state of mind leading up to the accident? How about being a little more specific? Were you upset? Angry? Well, just before it happened, my wife and I May we take five minutes, please? Mr.
Parsons, I told you before, no one needs to know your emotional state or that your attention was somewhere else.
My wife and I were arguing.
I'm telling them what happened.
- And as your attorney - You're not his attorney.
You represent his insurance company.
I'd like a moment with my father.
Dad, he's right.
You agree with that creep? Your policy only covers $200 000.
- If the plaintiff is awarded - She has a name-- Linda Reynolds.
If you admit fault and she's awarded more than $200, 000, you're personally liable.
- It was my fault.
- It was an accident.
If that's work, you should go.
Look, this guy isn't even fighting for me anyway.
He's just trying to save his company money by refusing to pay linda's medical expenses.
Why should I help him? Because she's got a lawyer who's going to go after every penny he can.
So I should just go in there and lie? I'm saying that they will.
They'll spin into gross negligence.
This is the real world, dad.
I don't need you to teach me about the real world.
I swore under oath.
But you're the lawyer, Ellen, tell me what to do.
I've told you what to do again and again.
Mr.
Parsons, what was your general state of mind leading up to the accident? Thank you for seeing me again.
Well, thank you for calling, Larry.
I was sick about the other night.
That was a terrible thing that happened.
Nah, I should apologize to you.
It's just I got all these pressures.
I get it, I get it.
Larry, the truth is, my attorney doesn't even want me talking to you, so I'm not going to be able to make good until after the trial.
I understand, and i can hold out.
Just don't forget about me.
Please don't cut me out.
Oh, that other thing, the witness? I'm looking into it.
Thank you.
You know who you remind me of, don't you? My dad.
That means a lot.
Guys like you are what make this country great, Larry.
The guy from the sec wants to push up our meeting.
You ready in ten? Sure.
Mom.
What happened.
What's going on? Your father wouldn't call you, but I thought you should know.
Know what? They're not just suing us for hospital bills anymore.
It's okay.
This woman's hurt worse then they thought, and she may never work again.
How much are they asking for? Over a million dollars.
They can't do that, can they? I mean, they can't just say we owe them all that money.
Yeah, mom, they can.
Your father didn't have to tell them we were arguing.
Car's here.
Your mom called earlier.
I just it's my fault.
I didn't have a chance to tell you earlier.
It's fine.
You know what? It's not fine.
You're fired.
- Where are they taking her? - Rikers island.
What will it cost to post bond? We can't afford that.
Not after the settlement This guy worked for the S.
E.
C.
who tried to take down Frobisher.
Really? We're looking for Mr.
Moore.
Hello there.
Oh, Tom shayes.
Ellen parsons.
The pleasure's mine.
Come on in.
Take a seat.
Thank you.
Hey, Larry, you got a second? Listen, I want to I want to reassure you that thing with the witness I looked into it, and I can personally guarantee you that Gregory Malina is safe.
I'm glad to hear that.
Yeah, evidently he had his own reasons for not wanting to testify; drugs or something like that.
I shouldn't have accused you.
No, it all right.
- All right, I'll talk to you later.
- OK.
He says Gregory Malina is alive.
Do you believe him? Do you? Well, we're going to find out.
I'm glad you and I could come to an arrangement, Larry.
Me, too.
Whatever I could do to make things right.
Please don't do this.
You decide right now do you want us or do you want this job? Right now! We're done, Ellen.
Hey, it's me.
I'm so sorry.
Just please call me back, okay?
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