Damages (2007–2012): Season 1, Episode 4 - Tastes Like a Ho-Ho - full transcript

Previously onDamages.

My God. Ellen.

What happened?

I didn't kill David.

Someone tried to kill me.

Arthur Frobisher told his
employees to invest in the company

and then sold his own stock.

We don't have a case unless we can
connect Frobisher with his broker.

You're my sister. How do
you know Arthur Frobisher?

You and I, we meet at some
boring luncheon down in Florida,

and the next thing you
know, we're partners.



Katie, this whole case turns on
one weekend, and you were there.

You're stepping into
the spotlight now.

Details of your life
are going to come out.

I think Katie's lying about
the guy she met in Florida.

His name is Gregory Malina.

Do you remember we actually
saw him down in Florida?

If you do know something, you should come
down and speak to the lawyers with me.

The only time I saw
Frobisher was with you.

If Patty Hewes gets that
girl in front of a jury,

all bets are off.

Ten years, one box, one trip.

You didn't deserve this.

I miss seeing you around
the office, Tommy.

Everyone thinks you
were actually canned.



What is it, Tom?

Following Katie Connor?

I'm a lawyer,
Patty. I miss it.

Hey, everybody wants to know
when you're going to get here.

I have no idea.

The decision's yours.

Ellen was still there
when I left at15.

Well, interesting choice.

Can I just say what
a bad idea this is?

Gregory.

Katie.

What the hell was that?

Come on. Come on. Follow me.

Wait, wait, wait. How
many drinks did you have?

The two with Gregory and then
before that, maybe another beer.

And no drugs?

No drugs.

And you never caught
his last name?

We have been over this. It's
not like it was a formal date.

I love Florida!

Let's go to another
club. Come on.

Oh, I can't. I got
a big day tomorrow.

I gotta be up early. I can't.

Who doesn't?

If you don't go to sleep, you don't
have to wake up, right? Right? Huh?

Oh, God!

Okay. Wait for me!

And you didn't see
Frobisher in the nightclub?

No, I didn't even know what he
looked like until the parking lot.

You live in Brooklyn, too?

It's better in the boroughs.

I live in Williamsburg.
Isn't that crazy?

You come all the way to Florida

and meet someone who lives,
like, five minutes away.

What are you doing down here?

Business. You?

Oh, shit.

Friends of yours?

I wish.

That's Arthur Frobisher. Guy's
got more money than Trump.

You think that guy eats beef?

I think that guy eats
small cows for breakfast.

I'm catering a function
for him tomorrow.

Oh. You're a cook.

We prefer to say "chef."

I'm a waiter. I guess that
means I'm beneath you.

Not yet.

You want me to keep going?

We still don't have enough unless you
can identify the man who got in the limo.

I only saw him for,
like, a split second.

Is there anything
you can remember?

Was he tall,
short? Young, old?

It was five years ago.

But I can tell you that he
wasn't any of these people

you showed me from
the government trial.

And what about your
one-night stand?

Greg lived in Williamsburg.
He was a waiter.

He was staying in
his friend's condo.

Which we can't find,

because you don't remember
what part of town you were in.

Why don't you try hypnosis?
Helped me quit smoking.

Still stuck in the parking lot?

Afraid so.

Hmm. Well, you know
what's gonna happen

if we don't come
up with anything.

The clients are gonna accept
Frobisher's settlement.

Unless Katie turns out
to be a viable witness.

What is this?

A Ding Dong.

A what?

A Ding Dong.

It's delicious.

Go home. It's late.
Try again tomorrow.

It tastes like a Ho Ho.

Ms. Connor, is
that your brother?

God! Yes!

Oh, God!

Hewes. First name?

Michael.

And you are?

His mother.

No privileges, discipline.

What?

He can't speak with you, ma'am.

Why not? He's
been there a week.

He's entitled to
phone privileges.

Michael Hewes does not have
phone privileges this week.

Listen. I've waited seven
days to talk to my son,

and now you're
telling me I can't?

That's what I said, ma'am.

Fine! Excuse me?

I said fine.

I'll call again next week.

Mr. Frobisher's case
is fully staffed.

We're billing roughly
$550,000 per month.

And the payments?

Always prompt.

Our client's aware of all
the exigencies one encounters

when trying a case
against Patty Hewes.

Ray, what does she have

that she has not accepted
Mr. Frobisher's settlement offer?

Nothing. Ms. Hewes has been unable to
provide even one significant witness.

She's failed to
produce any evidence

that Mr. Frobisher breached
his duty to his employees

or participated in the
alleged fraud that she...

Ray.

Yes, Amos.

You know how much Mr. Frobisher's
case means to this firm.

Get it done.

Yes, sir.

Roughly 5,200 employees
are involved in the suit.

Arthur Frobisher, he wiped out
our whole retirement account.

$1.4 billion, gone.

So, you know, most of us, we
just lost everything we had.

You have to stop
torturing yourself.

You're doing everything you can.

Am I?

Yes, Katie, you are.

Patty needs to know who got
in that limo with Frobisher,

and she keeps asking me about
you, my one-night stand.

What if I can't keep this up?

What if I slip or they back
me into a corner or something?

You're gonna be fine. Okay?

Maybe you should come in. Why
won't you just talk to them?

And tell them what? I saw
the same thing you did.

Maybe you'd remember something
if you saw the pictures.

Hey, if I go in there,

then my wife's gonna find out
about us and then we'll be over,

and I don't want that, okay?

It's not about us.

It's about Frobisher and those
people whose lives he ruined.

Patty is the only one holding
him responsible for this.

You really think Patty
Hewes cares about you?

Here is the complete
dossier on Katie Connor.

She still seeing Gregory?

Almost every day.

You think she knows anything?

I'm not sure. Keep
an eye on her.

If she's gonna
give us something,

she's gonna have
to get it from him.

My guy says he can get Greg's stock
portfolio by the end of the week.

Good.

No. No, it's not good, Patty.

This kind of thing
could get me disbarred.

Are you okay?

I'm fine.

Are you still on the board of the
Jazz Society at Lincoln Center?

Why?

Well, the head of Trilling
School is on it, too,

and I was wondering if you'd
put a word in for Megan.

Tom, wake up.

People think I fired you.
Find another connection.

What is it?

I guess it's a rite of passage.

What is?

It's the ICU.

I assisted on my first
bypass yesterday,

the patient's not doing so hot.

Oh, baby, I'm sorry.

The family looks at you like
you're God. If they only knew.

Shit. So much for exercise.

What?

Uh. What are you
doing tonight?

Well, I got a couple hours.

So... Catch a movie?

I'm in. Movie, tonight.

You got your
saxophone, sweetheart?

I'm holding it. Daddy, I'm
gonna be late for assembly.

Okay, okay. You
look bellissima.

Bye, Dad. Bye-bye.

Good luck with the solo!
I'll be thinking of you!

You didn't tell me
she was a musician.

Martin! Twice in one week. We
gotta stop meeting like this.

I was hoping we could
finish Monday's chat.

I appreciate the offer.

I've been doing
some soul-searching

and I'm just not ready
to start work yet.

Bullshit.

I know what's going on
between you and Patty.

Excuse me?

The whole world sees it.

She treats you like dirt for 10
years, won't share the spotlight,

then she refuses to
make you a partner.

You don't know what you're
talking about, Martin.

Sure I don't.

You're not a battered wife defending
her abusive husband to the end?

Yeah, that's it. No,
you got it. That's me.

You know, your little
girl, she's terrific.

She's the best thing
that's ever happened to me.

Is she serious with the music?

Yeah, she's pretty serious,
considering she's 10.

I ask, because I know that she's
got an application at Trilling.

How did you know that?

Well, I'm president-elect
of the parents' board.

You guys have put together
an outstanding app.

Good, good.

Megan's got her heart
set on Trilling.

All her friends are going.

Gotta say, it sure is tough,
though, to accept an applicant

whose father checks
the unemployed box.

Martin, don't do this.

Come on. Take it easy, Tom.

There are other schools.

Some of them even pretty
good, but at Trilling,

we've got the music
department in the entire city.

Harvard, Yale, Princeton... Without
Trilling, they don't have orchestras.

I'd love to see Megan get in.

Comedy or drama?

I'm sorry?

I heard you telling that other doctor
that you were gonna go see a movie.

I'm sorry you overheard
my personal conversation.

Oh. I shouldn't
have been listening.

Hey, I want you to know that we
are doing everything that we can

to make your
grandfather comfortable.

I know. Thanks.

You know, I really appreciate
all the time you take with him.

You've been great.

So comedy or drama?

Uh, I don't know.

I was thinking maybe the Cassavetes
retrospective at Film Forum.

I've never heard of
that. Is it funny?

No. It's pretty
serious. '70s stuff.

I guess I'm more the drama type.

Oh, not me. I love comedies.
You know, they're just so funny.

Oh! Check it out.

My grandpa got me into
these old radio shows.

Here.

Who is this?

This is Jack Benny.

It's good. Yeah.

Yeah, Grandpa loves the guy,
so I downloaded it for him.

That'll be nice.

Yeah.

Well, enjoy your big night out.

Thank you.

Have some popcorn for
me, 'cause I'll be here.

Sure thing.

Oh, and, Dr. Connor?

Be a little naughty.

Excuse me?

Get something chocolate.

You got it.

Ellen?

Hey, can you come in tomorrow?

I pulled more photos
to run by you.

Minor players, but we
should check them out.

Okay, I can try.

Cool. I'll be in
the office at00.

Hey, look, I gotta go.

What are you doing here?

I know who he is.
The guy in the limo.

With Frobisher?

Look, Katie, I don't wanna get
involved in any of this, okay?

But you saw his face?

I didn't know who he was
when we first saw him.

Then I recognized
him on Court TV.

They did this thing on Frobisher's
broker during the criminal trial.

And who is he?

Katie...

What's his name?

His name is Luke Richards.

Luke Richards.

He was one of the
broker's assistants.

But Ellen said that all of
the assistants had alibis.

Richards must be lying,
because I definitely saw him.

Gregory, if you could have
linked Frobisher to his broker,

why didn't you tell me?

Because I'm not
gonna get involved.

What? Why not?

I don't wanna be
another Kato Kaelin,

let 15 minutes of bullshit
ruin the rest of my life!

Gregory... No, no.

Maybe I'm an asshole,

but I'm not gonna let these
people use me and throw me away,

which is exactly what
they're gonna do.

Okay, well, forget about
them. What about me?

I have risked everything I
have to put this guy away,

and now you're just gonna...

Be a selfish prick? Yeah.
And you should, too.

Think about it, Katie.

You're gonna lose your
restaurant, your privacy,

any shot at having
a normal life.

I do care about you. I don't
wanna see you get hurt.

Stay out of it.
Just stay out of it.

Okay?

Katie...

Bill Sweeney interned
at Frobisher's company.

No, not him.

Paul O'Dell. He was a temp.

No.

Luke Richards.

Katie, what is it?

Hi, there. I'm Arthur.

Oh, my God.

Katie?

You want me to be a
witness against Frobisher?

Yes, if you know something.

She's gonna be screwed. She
will lose everything, won't she?

Nothing. Keep going.

Steven Gilbride.

No, not him.

Jason Radon?

No, not him.

You and I,

we never really spoke when we
were down in Florida, did we?

No, no, that's right.

I want the straight story, and until
you tell me, you're worthless to me.

I don't give a shit about you.

No, go back to that other guy.

No, before him. Yeah, him.

You recognize him?

When was this picture taken?

Last year. Why?

Yeah, he was younger, but...

But what?

It could be Luke Richards.

I think this could be the guy.

The guy you saw get in
the limo with Frobisher?

Yeah.

But a second ago, you
said it wasn't him.

Because he looked
familiar, and...

Yeah, this is definitely him.

Katie, are you 100% sure?
It's okay if you're not.

Our fates are intertwined,
Katie. Isn't that remarkable?

I'm sure.

Who is he, anyway?

Richards was an assistant
to Frobisher's broker.

You're kidding. Seriously?

You farted in your
sleep last night.

David!

You're on speaker.

Classic!

My bad. I'm sorry, I'm sorry.

It's a great day, David!

Oh, yeah? Why's that?

Your sister really
came through today.

We're moving forward.

Oh, God.

David?

We're gonna prepare
Katie's testimony.

What?

She made an ID.

Babe? Are you busy?

Yeah, kind of. Can I...

Can we talk tonight?

Yeah, sure.

I don't think he's
getting much sleep.

I don't think he's getting laid.

Hey! Okay, too far!

R-I-C-H-A-R-D-S, Luke.

Find out where he was on
the Frobisher weekend.

All right, Patty.
I'll look into it.

Martin, Tom Shayes.

Make me an offer.
I'm ready to listen.

Bad news, Ray. Looks like
they got a new witness.

Such a sweet girl.

I was hoping it wasn't
gonna come to this.

A mock deposition is just a tool

to see where you're
at in your testimony.

Patty's brought in Roger Kastle.

Who's he?

Big name in medical malpractice.
He's kind of a legend.

Is he a sleazeball?

Patty's asked him to play
the role of Ray Fiske.

Perfect.

And you're certain
this is the man

you saw enter
Mr. Frobisher's limousine?

Yes, 100% certain.

Okay. Good.

So, Ms. Connor,

how would you characterize your
stay at the Maxwell Clinic?

What do you mean?

I was simply wondering if your
stint in rehab was successful.

You've had an extremely
difficult time

overcoming your drug
addiction, did you not?

Eyes on me, Ms. Connor.

How is this relevant?

Blurred vision, paranoia,
auditory hallucinations,

unfortunately, are all
documented long-term side effects

of serious cocaine abuse.

I did one line in
the parking lot.

Yeah, but earlier that evening,

how many lines did
you do in the club?

And more importantly,
how much cocaine

had you consumed
prior to that night?

I don't know.

Enough not to remember?

No, I didn't say that.

And this mystery man who
supplied you with cocaine,

what was his last name?

I don't remember. I'm
better with faces.

So yours is more
of a visual memory?

Yes.

Was he circumcised?

Was he circumcised,
Ms. Connor?

You're kidding, right?

You said you went
back to his condo.

So what?

So I'd assume you
had intercourse.

No.

Then why, six weeks later,

did you schedule a
procedure at Hudson General

to terminate your pregnancy?

Jesus Christ.

Ms. Hewes, maybe we
should take a break.

I thought we had
an understanding.

Ms. Connor, would you
characterize your life

as one big blur of
narcotics and intercourse?

Would you characterize
yourself as an asshole?

Let the record reflect that
the witness is refusing...

Somebody shut this guy up!

Katie, sit down.

Wow. She's not ready.

You signed their
medical release waiver.

Go on, sit down.

I told you that the truth would
have to come out eventually.

I also warned you
that the spotlight

is a pretty goddamn
awful place to be,

and Mr. Kastle's right,
you're not ready for it.

Because this deposition
isn't about the facts.

It's about Katie Connor, and do
we like her and is she credible?

Yes, you saw this man in Florida,
but it's your word against theirs,

and if Ray Fiske
can embarrass you,

piss you off, rattle you
in any way, it's over.

He's done what he set out to do,

neutralize your testimony

and weaken our case.

Katie, why don't we go
outside for a moment?

No, I wanna keep going.

Good.

Try again.

Oh, my God.

Can I talk to her?

Not until her
attorney gets back.

You really think she
killed my brother?

They were gonna get
married in two weeks.

Katie, you didn't know they
called off their engagement?

No. No.

We had a falling out. We
haven't spoken in months.

Katie, why didn't you tell me?

What? That I got pregnant
and ended up in rehab?

Isn't it obvious?

I wanted to forget it ever
happened, and then this case...

What about Gregory?

He never even knew you were...

No, I never had a chance
to tell him the truth.

The whole truth and nothing
but the truth, so help you God?

I do.

Ms. Connor, thank you
for joining us today,

and my thanks to the
plaintiff's attorney

for the use of her
conference room.

Now, as for the subject
of today's deposition,

I've been instructed
by the court

to limit my questions to the
18th and 19th of June, 2002.

Those dates ring a bell
for you, Ms. Connor?

Yes, sir.

I was in Palm Beach working for
a catering company at that time.

We were doing a business
event for Arthur Frobisher.

Ms. Connor, do you recognize
the man in this photo?

Yes. That's Arthur Frobisher.

And the man in this photo?

Luke Richards.

Luke Richards. Thank
you, Ms. Connor.

Let the record reflect that the witness
has correctly identified both men.

Now, Ms. Connor, if you'll
permit me to cut to the chase,

you claim that you
saw these men together

early morning on
June 19, do you not?

Yes, I did.

And where did this alleged
sighting take place?

In a parking lot on the
200 block of Ocean Avenue.

Mr. Frobisher was
in a limousine.

Mr. Richards got
into that limousine.

And where were you
when this happened?

I was in that same parking lot.

Alone?

No, sir.

With whom were you
in this parking lot?

With a man I met in a
club earlier that evening.

If these next few questions
make you blush, Ms. Connor,

I apologize.

To screw.

I'm sorry?

That's why I was in an empty parking
lot in the middle of the night,

and later on a couch,
and then on the floor.

Do you find cocaine
is like Viagra?

Or are you more of a tantric
breathing kind of a guy?

Like Sting.

If these past few answers
make you blush, Mr. Fiske,

I apologize.

So you saw Mr. Richards
get in a limo

when it was parked
what, 25, 30 yards away?

I got my best look at
his face as he left.

He turned his face
toward the window.

I couldn't have been more
than 10 feet away at the time.

And this was when exactly?

Between-15 and-45 a.m.

You checked your watch?

Gunshots forced us
to leave the club.

It's my understanding
that the police report

documents this at
approximately15 a.m.

So you saw Mr. Frobisher
with Mr. Richards

sometime after15 a.m., Saturday
morning, June 19, 2002?

I remind you you're
under oath, Ms. Connor.

Yes, that's when I saw them.

Would you agree that a man
can't be in two places at once?

Objection to form. Vague
and ambiguous argument.

Noted.

Go ahead, Katie, you can answer.

Yeah, I'd agree. A man cannot
be in two places at once.

So when Mr. Richards
told investigators

he was at the Jersey Shore
with a college buddy,

pulling cod out of the Atlantic,

it's your contention
he was lying?

Yes, sir.

Mine, too.

Let's not get cute
here, Counsel.

Ms. Connor, can you identify
the man in Exhibit 15?

Objection.

This exhibit was not made
available to us during discovery.

We've only just
discovered this ourselves.

We have every intention of
producing it to Ms. Hewes

at the close of this deposition.

Noted.

You can answer.

The man in the
picture, Ms. Connor.

Luke Richards.

Luke Richards. And
the text there?

What does that say?

Out loud, Ms. Connor.

But this isn't true.

Ms. Connor, I'm not asking for an
opinion, I'm asking you to read.

Now, what does it say?

"June 19, 2002.

"37 a.m."

Let the record reflect
that Exhibit 15

shows Mr. Richards
withdrawing cash from an ATM

located at 333 Casino East Boulevard,
which is where, Ms. Connor?

I am telling you, Luke Richards
was in that parking lot.

Can you read the last
four words, Ms. Connor?

I am not lying, he was there.

The last four words.

"Atlantic City, New Jersey."

But I swear to God, he
was in that parking lot.

Luke Richards did
lie, Ms. Connor,

but I suspect it
had everything to do

with that woman
standing next to him

with the muscular
arms and Adam's apple.

He wasn't hiding Arthur
Frobisher's transgressions,

he was hiding his own.

Why are you lying?

Objection. Argumentative.

This is bullshit!

I think we're finished here.

You hear that, Patty?

That's the sound of
the zeros dropping off

of Mr. Frobisher's
revised offer.

I heard everything went well.

The threat's gone.
She lied under oath.

I want you to know,
we ruined her life.

If you kept your dick in your
pants, we wouldn't have had to.

It's been five years.

Starting today, I want you
guys to leave me alone.

Just let me live my life.

I don't think
that's gonna happen.

I don't even think
she remembers you.

Did I ask what you think?

Let's go to another
club. Come on.

Oh, I can't. I got
a big day tomorrow.

I can't. Who doesn't?

If you don't go to sleep, you don't
have to wake up, right? Right? Huh?

Okay. Wait for me!

Five years from now, what
is Katie Connor doing?

I back my own little restaurant in
Brooklyn. But that is not gonna happen.

Why not?

Because I have got the biggest
gig of my life tomorrow

and I've gotta be at
work in five hours

and I am, like, totally wired.

Relax. Hey, relax.

Here.

Try one of these.

You'll be out in 10 minutes.

I'm gonna hit the shower.

Okay.

Only the white ones, okay?

Hmm.

You were right, you know.

Gregory turns out to
be our missing link.

Gregory Malina owned
Frobisher stock?

Guess when he cashed out?

June, 2002.

Katie Connor never
knew what hit her.

But you had that
picture before anyone.

Why would you let
her be deposed,

if you knew she wouldn't
hold up as a witness?

Because now Ray Fiske thinks
we don't have anything.

And watch, his next step will
be to pull the settlement offer.

Which is what you
wanted all along.

Why? Why would you
do this to me? Why?

Katie. Katie, come here.

Don't touch me.

You lied to me, asshole!

Hey, hey, hey.

Greg, are you cool?
Yeah, yeah, we're fine.

You lied to me! Why
did you lie to me?

Answer my question!

Why don't you just
call me later?

Yeah, I'll call you later.
I'll call your wife later.

Dude, you're married
now? Oh, man.

Katie...

Why would you do
this to me, Gregory?

I'm sorry.

Go to hell.

Katie!

This is your solution?

Katie, what about
the restaurant?

You can't just run
away from this.

I know. I tried.
You wouldn't let me.

What? This is my fault?

I only tried to help your case.

Katie, you perjured yourself.
People go to jail for that.

There was an answer you wanted

and you hounded me
until you got it.

That is bullshit!

You know, you are
not mad that I lied.

You are just pissed that I got
caught and made you look bad.

I only ever wanted the truth.

No, Ellen, all you ever wanted
was to impress Patty Hewes.

Katie! Katie!

From day one, I never
wanted her involved in this!

I'm so sorry, Ms. Hewes.

I thought I knew
her. I trusted her.

Katie's a very good liar, Ellen.

She had me fooled, too.

You're a lawyer. Lies
come with the territory.

Will the clients accept
a settlement now?

I assume so,

which is too bad,

because I think we could
have gotten them more.

But Frobisher's in
the driver's seat now.

This doesn't make any
sense. Fiske had pictures.

He was right there, waiting
with Richards' alibi...

Ray Fiske is a brilliant lawyer

who made us look
very foolish today.

It happens.

Ellen, I understand how
it must hurt right now,

what happened with Katie,

but there's a very important
lesson to be learned from all this.

Which is?

Trust no one.

In the middle of the night

what you gonna do with your life

you're still number one

Hey.

Listen, I don't wanna be
presumptuous. I'm not available.

I'm engaged.

We can play this
any way you'd like.

Take a beautiful girl

from the rest of the world

I wanna be the one in the sun

I don't even think
she remembers you.

In the middle of the night

when you gonna live
your life right

we're not the fortunate ones

wanna have fun