Damages s05e10 Episode Script

But You Don't Do That Anymore

Previously on Damages I've got some stuff about how the military is handling soldiers with PTSD.
McClarenTruth would love to help you present this to the world.
- A new leak.
- Yeah, a big one.
Front page on all of them.
That's good work.
I'm testifying against Patty in a child custody case.
Are you okay? Feeling a little off.
It's been going on for a few weeks.
Maybe you should go and see a doctor.
I want you to have the land and house.
My mother's not going to go for that.
Convince her.
His name's Patrick Scully.
Scully tried to kill me.
And now you want me to track him down.
What do you want from me? I want to know who hired you.
Mr.
Simon, you posted a leak about insider trading at Fund 23, and your main donor had financial dealings with the CEO of the bank that managed that fund.
You said that Rutger Simon was going to contain the problem.
McClarenTruth has always been more mine than yours.
You're fired.
So, Channing posted Naomi's e-mails.
Yes.
Mr.
Simon, why are you telling me all this? If I give you Channing, I want the organization to continue, and I want to run it.
What happened to your little girl? My little girl? What the hell did you do to her? She died.
At birth.
She was stillborn.
Don't lie to me.
She ain't dead.
Take a look at her.
Oh? She's not mine.
She belongs to my son.
Not that one.
What the hell happened to your poor little baby? I don't know.
I think you do.
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 Miss Hewes Ellen Parsons is missing.
Oh.
Any idea where she's at? - Sorry to keep you waiting.
- No problem.
So, I've gotten all the tests back.
I'm not surprised you've been so fatigued.
Why? What did you find? Your results worry me.
There are signs of stress that don't bode well.
Your immune system is depleted.
You're anemic.
Can I take something for that? Yes, but supplements aren't going to solve the bigger problem.
Tell me what I have to do, and I'll do it.
The most important thing is rest.
Well, I have the trial coming up, but once that's over, I'll be able to take it easy.
I'm afraid that may be too late.
Do you understand what I'm saying? Yes.
Sorry for the delay.
Michael has been waiting a long time to get custody of his daughter, and he's anxious to move forward.
I understand.
You're still planning to testify against Ms.
Hewes? Absolutely.
Hopefully, the McClaren trial won't last long.
Your mother has no witnesses of any significance and very little evidence.
That's never stopped her before.
No, but her entire case is based on unsubstantiated claims by the victim's daughter.
You look worried.
I'm concerned about your credibility on the stand.
We'll need to show that your desire to testify against Ms.
Hewes is more than just personal animosity.
I've found someone who can provide some pretty damning evidence to back up my claims against your mother.
His name is Patrick Scully.
Is this another former employee? In a manner of speaking.
What evidence does this person have? As soon as I have more information, I'll let you know.
Your performance in the deposition left a little to be desired.
Well, I was blindsided.
Yeah, but you're our witness now.
We can't let that happen again.
We need to prepare you for anything that Ellen Parsons might throw at you.
And what if she asks about Torben and Herreshoff? She won't.
The fact that Torben was simultaneously an insider trader and a donor to McClaren is terrible for her case.
She's not going to touch that.
However, I'm interested in Torben and Herreshoff.
What do you mean? When the McClaren trial is over, I intend to pursue them.
Well, we never discussed that.
No.
But if you want me to secure new funding for you, Mr.
Simon, I'll need your full cooperation.
Torben and Herreshoff are very dangerous men.
I'll want to know everything.
After the trial is over after Channing's trial, then I'll tell you.
After opening statements, Patty will start putting on witnesses.
She goes first? Yes.
The plaintiff always goes first.
That's her latest witness list.
Who are these people? Technical experts, mostly.
People who can testify that you had the expertise to hack into Naomi's personal account.
Are you worried about them? No.
Patty has no one who'll get on the stand and show that you had reason to post Naomi Walling's e-mails.
Rutger? Yes.
When Patty's done putting on her case, it's my turn.
I'm going to put you on the stand first.
Okay.
On cross, Patty's going to press you on Torben and try and rattle you again.
But you'll be prepared for that this time, right? Absolutely.
You all right? Yes, just eager to get on with it.
Good.
Here you are.
Thank you.
I was surprised to hear from you, especially with the trial about to start.
Yes, you must be excited to get back to court.
Very.
I am curious.
Why did you go back to work for Ellen in the first place? I wanted to try my hand at being an attorney again.
Also, our father was dying, and it was important to me that you see him again.
What does that have to do with you working for Ellen? Would you have paid me any attention if I weren't on the opposite side of your case? You wouldn't have even returned my calls.
What was he like for you as a father? Awful.
Until he stopped drinking.
And even then, he wasn't a walk in the park.
But he did get calmer as he got older.
And now he can be quite sweet, actually.
I'd like to see him again.
Have you decided to let him give Michael the land? I haven't decided anything.
I just want to talk to him.
Do you think he's coherent enough to have a conversation? If you catch him in the right moment.
I suppose this is none of my business, but whatever he did back then, you have the power now.
He's helpless.
But I really think you should try and forgive him.
If not for his sake, then for yours.
Thank you for the advice.
Mr.
McClaren, classified information concerning United States military personnel was recently stolen from the - Veterans Administration - And let me guess, you're here to ask me for computer security tips.
I'm here because the material was posted on your Web site.
Uh, do you have a question for my client? Mr.
McClaren, are you aware that the unauthorized procurement and dissemination of government medical records is in direct violation of U.
S.
Military Code 14B7, Section 9? Are you charging my client with a crime? That's an option.
But right now, we are more interested in who stole the information.
Fuck you.
I don't name names.
Could you tell him, if he'd like to arrest me, he should go ahead.
We have mutual friends in the D.
A.
's Office.
I only came down here as a courtesy.
I appreciate that.
The department's investigation intends to continue regardless of Mr.
McClaren's cooperation.
Meaning? I'll make it simple.
Either you give me your client's source or we'll throw him in jail.
I'm sure you wouldn't want that kind of publicity in the middle of a trial.
Chris told me that the the brass were sending guys with PTSD, you know, back into combat on meds-- it just pissed me off.
I understand.
I mean, I know some of these guys, so I felt like, fuck it.
You know, fuck that.
The rest of the world should know about them, too.
I'm sure Chris told you that I was approached by the federal authorities.
Yeah.
They need to blame this on someone, set an example, so they're going to arrest McClaren.
Unless I give myself up.
As McClaren's lawyer, it's my job to ask you if you'd be willing to do that.
What-what would happen to McClaren if he were arrested? The government will do anything in its power to put McClaren out of business.
And what would happen if if I turned myself in? Well, you're much more sympathetic than McClaren.
The military wouldn't go after you in the same way.
They'd look bad.
Well, at the very least, you'd be court-martialed.
I mean, this is completely up to you, Tony.
It's got to be your decision.
Yeah, I like McClaren.
I like what he does.
I mean, he he gave me the opportunity to get the story out.
But I I need to think about my future.
My-my pension.
I'm sorry.
I'm sorry.
I-I just I just can't do it.
I just can't.
I understand.
Kate? Have you got the Naomi Walling timeline? Kate? Is this what you're looking for? Yeah.
Thanks.
Hey, that's it? You're not going to say hello? Oh, David, I'm in the middle of this case.
Okay.
We'll catch up later.
Wait.
Wait.
I'm sorry.
So you've got a big decision to make.
Yes.
I like Chris.
I do, too.
Well, then, I guess you know what you have to do.
I can't let McClaren get arrested.
I can't, not when I'm this close to winning the case.
Well then you're going to turn in the soldier who helped Chris? Chris won't understand right now, but in time, he will.
I'll find a way to make things right somehow.
You really believe that? You know I don't think that I ever really understood how important it is to you.
How important what is? Winning.
You were going to be a doctor.
You wanted success as much as I did.
No.
I just wanted to be happy.
There's a difference.
I love you, Ellen.
I love you, too.
But after all this time, I realize we were never really right for each other.
Maybe you're right.
When it comes to Chris, whatever decision you make just be sure you can live with it.
Miss Parsons? - I'm sorry.
I was knocking - I'm sorry.
Please, uh, come in.
Have a seat.
Have you made a decision? Yes, I have.
You have the right to speak to an attorney.
You're aware of that? I don't need an attorney.
Thank you for meeting with me.
What do you want with me, Mr.
Simon? I have a proposal for you.
I want to get rid of Channing McClaren.
Mr.
Simon is going to delay the leak.
I'll have time to start an internal investigation, then hand it over to the SEC.
But first, I need you to get me personal information on Naomi Walling.
What kind of information? Disparaging-- something she wouldn't want public.
I see.
You were right-- Walling was a busy little lady.
I got over a thousand e-mails, distinctly sexual in nature.
Any e-mails to and from me must be left out.
What about her correspondence with Mr.
Herreshoff? You don't have to worry about that.
Pleasure to meet you, Mr.
Simon.
This should do everything we need it to.
You guaranteed my anonymity.
I'm really very sorry, Mrs.
Walling.
Sorry? It was a mistake.
How did you get my personal e-mails? Well, you must have accidentally sent them to us.
Bullshit.
You hacked into Princefield's system and stole them.
That is an outrageous accusation.
Bennett Herreshoff struck some kind of a deal with you.
You're way off base, Ms.
Walling.
Somehow, he got to you or to Channing.
Either way, you're all going to pay.
Set me up for life, or I'll bring down Princefield, Herreshoff, McClaren every fucking one of you.
I don't have much time.
So what can I do for you? I have an additional witness to add to my list.
I'll be submitting this officially this week, but I thought I'd give you a heads-up.
Have a good night.
Really, Ms.
Parsons, I don't see what business we have with each other.
I give money to McClarenTruth, you defend them in court.
So do your job.
Defend them and leave me alone.
How well do you know Rutger Simon? McClaren's nursemaid? Why? Mr.
Simon has switched sides.
Explain.
He's testifying for Patty Hewes.
Against Channing McClaren.
How do we know this? Patty's going to submit him as a witness.
If this is true, you will lose the case.
Yes, I will.
But we're here to talk about what you're going to lose.
Talk.
I don't know what your involvement in this really is, Mr.
Torben but I believe Mr.
Simon does.
What are you implying, Ms.
Parsons? I don't care what you and Bennett Herreshoff are up to.
All I care about is my case.
Rutger Simon is in Patty Hewes' hands now.
And when she uses him against you-- and believe me, she will-- you and your CEO friend are going to be neck-deep in shit.
Indeed.
You're all going to pay, every fucking one of you.
What is this? The figure Naomi Walling wants to be paid to keep her mouth shut.
Explain.
She had an affair with Herreshoff.
None of his e-mails to her were in the leak.
She put two and two together.
Men and their fucking genitals.
All right.
We pay her.
Wait.
Naomi Walling is a whistle-blower.
Whistle-blowers like to talk, to betray secrets.
It makes them feel good about themselves.
They don't they don't do it for the money.
When she feels like starting to talk again, she could use the payoff against us.
What are you suggesting? I don't know.
Yes, you do.
Gentlemen.
Mr.
Simon has been talking to Patty Hewes.
That's right.
I want to testify against Channing, get this done with once and for all.
It will be better for all of us.
Should have done it sooner.
And what did you tell Ms.
Hewes about me and Mr.
Torben? Well, nothing, of course.
I'm relying on you for funding once this trial's over.
You are aware Patty Hewes despises Wall Street.
You really think she won't pursue us once she takes down McClaren? Her case isn't against you.
She's fighting some personal war.
All she cares about is beating Ellen Parsons.
Regardless, we can't have you getting cozy with Ms.
Hewes.
Of course.
I have no reason to turn against you.
A simple slip of the tongue would be enough.
Don't worry about me.
I can handle myself with Patty Hewes.
All right, Mr .
Simon, go ahead and testify.
Nothing to Heathrow, London? No, I can't can't fly standby.
What about, uh, Dublin? Yeah, great.
I'll take the morning flight.
All rise.
In the matter of Walling Vs.
McClaren, the honorable Justice Richard Gearheart presiding.
Be seated, everyone.
Counsel are present, Your Honor.
Excellent.
Ms.
Hewes, are you ready for opening arguments? I am, Your Honor.
The floor is yours.
Your Honor.
Yes, Ms.
Hewes.
I need a moment to consult with my client.
Make it quick.
Your Honor, may we approach? Your Honor, it has just been brought to my attention that Rutger Simon has left the country, so my most important witness will no longer be testifying on my client's behalf.
In light of this, my client and I feel that we have no choice but to withdraw our suit at this time.
You're dropping all of your claims? Reluctantly, yes.
Your Honor, I I simply have no case.
- Mr.
McClaren - Mr.
McClaren, Mr.
McClaren, what does this outcome signal for the future of McClarenTruth.
org? McClarenTruth will continue to expose injustice.
And that's a very good thing for the world, but today is not a celebration for us.
Naomi Walling's death was a tragedy regardless of the outcome of this case.
She was a courageous whistle blower, and we won't forget her.
That being said, what happened here today only goes to prove that this lawsuit should never have been filed in the first place.
Is that a direct shot at Patty Hewes? It's a fact.
Thank you.
- Ms.
Parsons, if I could just - We'll be holding a formal press conference later today.
Thank you.
Thank you so much.
Thank you.
Channing I still can't believe that you beat Patty Hewes.
Wow.
I'm very grateful for your help, Kate.
So you really don't know why Rutger Simon decided not to testify? Truly, I have no idea.
Well, clients are going to be banging down the doors.
I don't know how you're going to choose your next case.
Well, we can decide next week.
Michael's custody trial is starting, so you could take the next few days off if you want.
Ellen, whatever resolution you're looking for with Patty, I hope this custody case helps you sort it out.
It will.
Good night.
Good night.
What do you say to the accusations that you should never have filed this suit? I failed today.
I was unable to get justice for my client.
I will live with the burden of that failure.
Thank you for your time.
I've booked us tickets to Budapest.
The team's on the last flight out tonight.
Have you heard from Rutger? No.
He's gone, Channing.
He turned on us and ran like the fucking coward he is.
We'll have no problem finding a replacement for him.
Yes, we will.
Channing, you're free.
The lawsuit's over.
Be happy.
There will be other lawsuits.
Governments, media.
I'll always be under attack.
Maybe because you're a hero.
Come on.
Car to the airport's outside.
Why do people hate you so much when you tell the truth? Detective, I don't know what you're hoping to learn from me, but I'm supposed to be in court right about now.
We know.
Ellen Parsons was scheduled to testify against you today.
Know what she was going to say on the stand? No.
And if she's missing, I guess we'll never get a chance to find out.
What are you doing here? You moved your stuff out.
Yeah, you noticed? Chris, look, I'm sorry, but it had to be done.
It had to be done? Are you fucking kidding me? The guy tried to help me out, and you fucked him over, Ellen.
When he gave you that information, he knew he was taking a risk.
I asked him to take that risk! I know.
I asked him to do it.
Look, obviously, I understand why you're angry-- I do-- but McClaren's my client.
It's my job to protect him.
That's what lawyers do.
You don't give a shit about McClaren.
You just want to win.
That's all you care about.
No, it's more complicated than that.
No, it isn't.
Chris, please understand.
You put the case ahead of me, okay? You put the case ahead of me, Ellen! Yes, I did, and yes, I care about winning.
Of course, I care.
I've devoted my life to this.
It matters to me.
But so do you.
And I promise you, I will make this up to you.
How the fuck do you think you're going to do that? I'll make things right.
There's always a way.
Yeah, I'd love to believe that.
But I don't.
I met with Scully.
He admitted Patty Hewes hired him to come after me, and he's willing to testify against her.
How'd you get him to agree to that? Pulled some strings in the D.
A.
's office, made a deal for his immunity.
Why didn't you just turn him in? I don't want him to get arrested yet.
I need him to get more on Patty.
But you understand that you're taking a big risk with this guy out there.
I have personal reasons for doing it this way.
What about Patty Hewes? How do you know she's not going to use Scully to go after you again? I'll take care of Ellen.
If there's any sign of trouble, detectives, I'll reach out to you.
Ms.
Hewes.
I was very close with your Uncle Pete.
Yes, you mentioned that on the phone.
We've never met before, but I feel like I know you.
I used to work for you after all.
You never worked for me.
I sure as hell got paid to do things for you.
Corey, come.
Ellen Parsons knows all about me.
How? She had this on her when I attacked her.
She had the blood on it tested.
Led her straight to me.
Parsons got the D .
A.
's office to grant me immunity if I testify against you.
How much would it cost me to avoid that scenario? Enough to set my family up for a long long time.
I'm sure it's hard to hear that your mother is capable of doing such a thing but it's true.
Are you sure? Yeah.
I also have documentation of the wire transfer from Patty to Patrick Scully made shortly after this conversation.
I want to use this evidence in your custody trial.
But, obviously, I need your okay first.
That's fine by me.
It's a slam dunk now.
I'll get my daughter.
Yes, you will.
- Still - What? It just feels like she hasn't been hurt enough somehow.
You know? I'd like a moment with my father, please.
So you're still alive.
I've been thinking about forgiveness.
What about my land? As soon as you draw your last breath, I'm going to sell it to the lowest bidder.
The first person who wants to pay a penny can have it.
That's right.
You hold tight to that hatred.
It's all you got.
It's all I need.
I made you tough.
You are what you are 'cause of me.
I am who I am despite you.
I'm sorry.
It's too late.
You did everything you could to crush me.
My mother would go to church and pray for you.
And I never understood why, because I thought that you deserved to go to hell for your cruelty your brutality.
For every night you came home in a drunken rage.
You terrorized us.
You bullied us.
And our fear made you feel big and important.
Mama never judged you.
But I will.
I want you to remember this moment forever.
This feeling of helplessness, of weakness.
Of me looking you in the eyes and telling you how much I hate you.
There's no forgiveness for you, no mercy.
Only death.
I'm going to tell you a secret.
Can you keep a secret? Yes.
I'm Grandma's son.
Really? Mm-hmm.
So I guess that means that we're related.
Catherine? I need to speak to Michael for a minute.
So can you keep coloring? Okay.
Good girl.
She's sweet.
Yes, she is.
I thought it was time you met her properly.
But you don't want her to know I'm her father.
Not yet.
I think we need to come to an understanding.
Well, that's what the custody trial is for.
I'm not interested in your one-sided negotiations.
I just want what's fair.
And what's that? Shared custody, 50-50.
How is that fair exactly? She's my daughter.
Because of me Catherine will never know what it feels like to be abandoned.
That's bullshit.
This is about Ellen Parsons and what she's going to say in court.
I don't care what Ellen testifies to.
All she has is slander and lies.
Okay, Mom.
We'll see.
Michael.
Can't we meet each other halfway? Let's let a judge decide this one.
Do you want one? Bagels.
Yeah, all right, all right.
It's Michael.
Michael, it's Ellen.
Scully's all set to testify, so head to my office, and we'll leave from there.
Ellen was supposed to be here two hours ago.
Yeah, I'm aware of that.
Parsons is my ticket to immunity.
I I'm worried.
Something's happened to her.
Like what? Do you really think that Patty Hewes is going to let this custody hearing go through? You know I used to work for Patty's uncle, right? That woman is crazy.
I once had to kill a fucking dog just to get her a witness.
When I met her, I saw how desperate she was.
Trust me.
There's a reason Ellen Parsons isn't here right now.
Ortiz.
Yeah, this is Waleed Cooper, Ellen Parsons' investigator.
How can I help you? I was supposed to meet Ellen at her office two hours ago.
She hasn't shown up.
What would you like us to do? Williams.
Miss Hewes.
Ellen Parsons is missing.
Oh? Ellen, where the hell are you? I need to know you're all right.
Hey.
Let's check the roof.
Detective, I don't know what you're hoping to learn from me, but I'm supposed to be in court right about now.
We know.
Ellen Parsons was scheduled to testify against you today.
I can't imagine you were too pleased about that.
Know what she was going to say on the stand? No.
And if she's missing I guess we'll never get a chance to find out.
Ellen? Is anybody here? Call her again.
Why? Just do it.
Shit.
It's Michael.
Michael, it's Ellen.
Scully's all set to testify, so head to my office and we'll leave from there.
The most important thing is rest.
Well, I have the trial coming up, but once that's over, I'll be able to take it easy.
I'm afraid that may be too late.
Do you understand what I'm saying? The dizziness, the irregular bleeding I don't like the direction you're heading.
I don't want you to lose this baby.
Do you? Because that could happen if you keep up this pace.
Ellen? There's a woman unconscious.
Send an ambulance to the corner of Canal and Greene.
Hurry! Ellen, Ellen, can you hear me? Ellen? Is that you? So you're Patrick Scully.
Yeah.
Thank you for, uh, testifying for me.
I've been trying to reach Ellen for hours.
Do you know where she is? She's outside dying in an alley.
Ellen.
Ellen, Ellen, can you hear me? Ellen! Give my best to your mother.
Well, hold on.
Where where are you going? Ellen got me immunity.
Without her, I've got no reason to testify.
No one else can I.
D.
me.
I can.
I know what you did.
The night Ellen was attacked, I saw you.
Shit! If anyone asks, I wasn't here.
I told my mother I was out of town, but I lied-- I saw you at the building.
You were talking to Uncle Pete.
If you don't testify against my mother, I'll turn you in.
Ellen.
Ellen, can you hear me? Ellen! Come on.
Come on.
Look at me.
Look at me.
Ellen, Ellen, look at me.
That's it.
Come on.
Let's get you into your office.
Can you call the detectives? Ortiz.
Turn the speaker off.
I'm sorry for your loss, Patty.
Michael would still be alive if you hadn't brought Scully into the custody case.
Scully tried to kill me.
You hired him to do it.
Now, we've discussed this.
Yes, but now I can prove everything I've said.
It's all in this briefcase.
Scully's DNA.
The bank transfer you made to buy his silence.
I could have you arrested for attempted murder.
But prison couldn't possibly be worse than losing a child.
I guess we both have plenty of blood on our hands, don't we? I hope you realize by now winning the McClaren case meant nothing to me, Ellen.
I just wanted to see what you're really made of.
What are you talking about? I told you Mr.
Simon was going to be a witness for me because I wanted to see what you would do.
And you played it perfectly.
You and your CEO friend are going to be neck-deep in shit.
Indeed.
If you want to protect yourself against Mr.
Simon the time to act is now.
Am I making myself clear? Quite clear.
You didn't care what they did.
And now Rutger Simon is dead, Ellen.
Nothing to Heathrow, London? No, I can't can't fly standby.
What about, uh, Dublin? Yeah, great, I'll take the morning flight.
Congratulations.
You won the case, Ellen.
You did what it took to beat me.
You're finally in the game, Ellen.
I look forward to going up against you again someday.
Thank you.
Honey, come stand by Mommy.
Can I help you? Name is Hewes.
Take me home.
Hello, Patty.
Hello.
- I just I wanted - Yes? to finally thank you.
I'm really grateful.
For everything.
You're welcome, Ellen.
And I wanted you to meet my daughter.
Hello.
Ms.
Hewes? Everything okay back there? Just one more second, sweetie.
I've changed my mind.
Take me to the office.
Do you know that lady in there? I used to.
Before you were born.
When I was a lawyer.
But you don't do that anymore.
No, I don't.
Should we go find Daddy? He's at the V.
A.
today.
Okay.
There's just a little dust right here.
It's such a wee flower! 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
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