Damages (2007–2012): Season 1, Episode 9 - Do You Regret What We Did? - full transcript

Lila DiMeo visits Ellen at the office and tells her that she and David have been sleeping together and that he no longer loves her. Ellen and David get to spend the weekend at Patty's beach house. Gregory Malina re-appears to expl...

NARRATOR:
Previously onDamages.

David and I
had a fight.

Did you contact
my parents?

They're on their way.

And Patty?

We can't find her.

But we're still
watching Tom Shayes.

JUDGE: Bail is set
at $1.5 million.

GARY: Where are they
taking her?
HOLLIS: Rikers Island.

We are doing everything
that we can to make your
grandfather comfortable.

You've been great.



Lila, hey.

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

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

What's his name?

He set Katie up
to perjure herself.

Who's pulling
your strings,
Gregory?

TOM: This guy worked
for the SEC for 20 years.

He was the lead investigator
who tried to take down
Frobisher.

Five years ago,
I went out on
a limb for you.

Gregory's a liability.
He's lost his nerve.

We need a new
strategy, Arthur.

So find one.

RAY: I'd like to bring in
a specialist

help prepare you
for the deposition.



PATTY: Mr. Malina's life
was threatened.

It's quite possible
that the other side
got to him.

RAY: You need to disappear.
I cannot protect you.

Without Gregory Malina,
we're gonna lose the case.

[YOU'RE GONNA GET IT
PLAYING]

♪ And some love
makes you do right

♪ And some love
makes you do wrong

♪ Believe me
when I tell you

♪ I got the kind of love

♪ That's gonna make you
higher, baby... ♪

Please don't do this.

I don't want this life.

David.

We're done.

He called off
the engagement?

Maybe we went too far.

Do you regret
what we did?

[RATTLING]

MAN ON TV: Closer...

Cocoa.

Just you and I,
together.

[CAR DOOR CLOSES]

[CLATTERING]

[COCOA BARKING]

[WHIMPERING]

[SCREAMS]

Katie. Katie, it's me.

Get out of here!
Katie, please.

Get away from me, Gregory,
or I will call the police.

[WHEN I AM THROUGH WITH YOU
PLAYING]

♪ Little lamb

♪ Smile

♪ 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 ♪

Nothing would make me
happier than to help
take down Arthur Frobisher.

Thank you for meeting
with us again, Mr. Moore.

I know it's frustrating,

but there is simply
no proof that Frobisher
did anything wrong.

But you think he did.

Who doesn't?

Dumping his stock,
accounting irregularities.

I really wish
I could be
more helpful.

In the meantime,

if you want
to talk strategy,
I'm at your disposal.

Well, there was one
other thing we wanted
to ask you about.

Sure.

We were wondering about
one of Frobisher's
shareholders.

Does this name
mean anything to you?

Gregory Malina.
Doesn't ring a bell.

But let me make some calls.
I'll see what I can find.

If there's one thing
Arthur Frobisher is good at,
it's tying up loose ends.

All right,
I'll see you soon, okay?

Hey, jeez.
[EXCLAIMS]

David, hey.
Lila.

You know what?
You rescheduled
your rotation,

and I almost
missed you.

That would have sucked.

Is everything okay, or...

I sold the defibrillator.
And you were amazingly
helpful...

Oh, good.
...which is why

I'm going to
take you to dinner
as a thank you.

It's a little
Italian place
on the...

Lila. I'm sorry,
I've got to pass on that.

Why?

You know why.

It's just dinner.

It is not just dinner
and you know that.

Look,

your grandfather was sick.
I was the doctor who was
trying to help him.

It's very common
for emotions to
get mixed up.

My emotions
aren't mixed up.

Lila, we have
talked about this.

I'm not available.

Gregory Malina
owned Frobisher stock?

I don't know
what you're
talking about.

Is there anything you
didn't do for that kid?

Gregory worked for me.
That's all.

Save it, Ray.

I wouldn't give a shit
about your pathetic
schoolgirl crush.

You watch yourself!

But I'm not going
to let your bullshit
take me down.

Malina emptied
his bank account.

He's back in the States.
Did you know that?

What do you
want from me?

I want you on my team.

I don't understand.

I don't like you, Ray.

But I realized
an amazing thing
on the way over here.

You're not my problem.
Arthur is.

Look, I have
a duty to...

Patty Hewes is
a ball's hair away

from breaking
this thing wide open.

So I'm going to do
what you couldn't, Ray.

And what is that?

Put an end to this thing.

The SEC's been
a dead end so far.

But Mr. Moore is looking
into Gregory Malina's
stock sale.

Good, because Gregory's
back in play.

What'd you find?

When Frobisher
told Larry Popler that
Gregory Malina was alive,

he was telling the truth.

A flight manifest?

The day Gregory disappeared,
he was booked on a plane
to Mexico City.

Outside the reach
of the court.

There was no sign of him
until he used his
credit card yesterday.

He rented a car
about 40 miles north of
the border, in Alamogordo.

Any idea why
he'd come back?

When is the last time
you spoke to Katie?

Not since she
went back home.

That could be it.
He felt bad about
setting her up.

He tried to call her
after he burned her
as a witness.

Get in touch with her.

I got one of these
in the mail, too.
You going to this thing?

Oh, the gala for
the Blind Justice Project?

No, I am not.

Says Patty Hewes is
giving the keynote speech.
Could be interesting.

Art, don't even
think about it.
You're not going.

[KNOCKING ON DOOR]

Nancy. Good to see you.

Good to see you.
This is Art.

Thank you
for coming in.

Pleasure.

Please.
Yeah, let's sit down there.

All right.

So, Ray says you're
the best out there at,
what, preparing a witness?

I hope I can help.

Good.

So, what exactly
are we going to do?

Do you ever sing
around the house,
maybe in the shower?

Nope.
Oh, come on.

I hum.

This exercise
will help you relax.

[SCATTING]

You want to look
for a way in,
not a way out.

[CONTINUES SCATTING]

I'd do a lot better
with Simon and Garfunkel.

You can do
whatever you want.

But you're going
to have to look
comfortable

answering Patty's questions
about corporate malfeasance,

about accounting
irregularities,

and about why you stole
the life savings
of 5,000 people.

That might be easier
than singing.

All right.

[SCATTING]
NANCY: Go for it.

Yes, Mom, I'm fine.

Well, I wish you were here with us.

How's Montreal?

Montreal is great,
but I left my video camera.

Yeah, I know,
Dad left a message.
He left it behind.

He didn't give me
an address though.

Where do you
want me to send it?

[CELL PHONE RINGING]
Well, we're landing
in Toronto...

Hold on, Mom.
That's your phone. Okay, go ahead, dear.

Hello?

Katie? Katie, it's Ellen.
I've been trying...

[DISCONNECTS CALL]

Shit.

[SIGHS]

GEORGE: Ms. Parsons?

Ms. Parsons.

Mr. Moore.

Please, get in.

Look, I want to help you.

I wasted years of my life
going after Frobisher.

And my hands were tied
every step of the way.

Why?

Why?

Because the man has
friends in high places.

But I know things.

Information that
we couldn't use in
the government case

that would be invaluable
to Patty Hewes
in a civil trial.

Like what?

I sit on boards, Ms. Parsons.
I advise political campaigns.

I will not go public.

If you call me
as a witness,

I'll lie.

Mr. Moore...
Frobisher is
a powerful man.

You want my help?

That's the deal.

Talk to your boss.

But for now,
start by looking
into Arlington.

I have bad news.

What?

It's confirmed.

What is?

You lost your mind.

Your keys.

How is that possible?

You must have had
a psychotic break.

[CHUCKLES]
Oh, my God.

You know what you need?

A weekend at the beach.

The Hamptons.
You serious?

Tom told me
about a great place.

I think if we don't
get away I may
lose you forever.

MAN: You were aware of these accounting strategies?

ARTHUR:
Yes, absolutely.

And these were the SPVs
that you had created?

Yes, although I think
in our country the more
popular term would be SPE.

SPE?

That's right, SPE,
special purpose entity.

And are these SPEs commonly incorporated toward illegitimate ends?

No.
The hiding of debt,
for example?

No, and I'd say that...

Do you have a question,
or are you just trying to
ruin our concentration?

Neither. George Moore
came to see me last night.

Where?

Outside my apartment.

He met with you alone?

He wants to help us,
off the record.

How?

Arlington.
He told me to
look into it.

1983. Arlington, Virginia.

Some girl was killed
in a car crash.

It was Frobisher's car.

It was 25 years go.
It's old news.

There were
conflicting accounts.

But the official
police report

backed Frobisher's story
that the girl was driving.

Yeah, it did,
but I ran a history,
and in the last 25 years,

the girl's family
went from living
in a trailer park

to being the biggest
land owner in Arlington.

So you think
Frobisher's paying
people off.

He screws up,
he buys silence.

Katie, Gregory,
it's Frobisher's MO.

That won't help us
in the deposition
unless we can back it up.

I want to meet
with Moore again,

push him further,
work the relationship.

All right.

I'll go with you.
No, wrong move, Tom.

He approached Ellen alone.
That's the way he wants it.

Just hear me out. Please.

WOMAN: Operator,
how may I help you?

Penston Police Department,
please.

There's a warrant
out for my arrest.

Yes, it's an emergency!

You talk to the police,
they're gonna send me
back to New York

and Frobisher
will kill me.

I'm not running anymore.
You can do whatever you want.

You tell me one lie
and I will cut
your dick off.

Ms. Parsons?

Yes?

I'm sorry to bother you,
but we really need to talk.

I'm sorry,
what is this
in reference to?

Your fiance.

What about him?

I think we're going to
want to talk privately.

Everything that
happened to you
was my fault.

The only reason
why you got involved
in any of this

was because
I brought you to
the condo that night.

Ray Fiske
gave me 1,000 shares

of Frobisher stock
to go down to Florida,

rent the condo
in my name.

What for?

At the time
I had no idea.

I didn't ask.
It was a lot of money.
I was broke.

But it turns out
that Frobisher was
going to meet with

some guy from
the government.

Who?

I... I can't tell you that.

It would put you
at too much risk.
Trust me.

But this whole thing
started because he thought
that you saw him.

But I didn't.

I told them that,
but they didn't
believe me.

So they just
try to buy me off
with a restaurant.

They kept
postponing it.

They had to keep you quiet
during the government trial.

[EXHALES]

And what about you?
How long have you been
on their payroll?

A few weeks
after Florida,

they hooked me up
with a job with
a consulting firm.

And who was the guy
in the limo?

I have no idea.

Once you started talking
to Patty Hewes,

they just needed to
burn you as a witness.

So they gave you
Luke Richards' name
to set me up.

They used us both.

And we let them.

These guys have
all the power.

And they're convinced
everyone's out to get them.

How do you know David,
Miss...

DiMeo. Lila DiMeo.

I met him
at the hospital.

He was treating
my grandfather.

And what exactly
can I help you with,
Ms. DiMeo?

God, I'm a terrible liar.
[CHUCKLES]

I'm not here about David.

Then why are you here?

I'm here about you.

David doesn't
love you anymore.

[CHUCKLES] Excuse me?

Who are you?

I must seem crazy,
but I thought
you should know.

I've been
sleeping with him.

I think
you better leave.

Ellen, there's no point
in getting mad.

You need to leave.

We can't change
how we feel.

What are you doing?

MAN: Front desk.
Security.

Fifth floor,
Hewes & Associates.

Ellen...
Ellen Parsons' office.

Hold a moment.

I feel sorry for you.

Would you like us
to send someone up?

Right away. Thank you.

You didn't deserve this.

Why weren't you
at my arraignment?

I tried. I tried, but
with everything that's
been going on...

Ellen.

What?

What happened
with you and Patty?

I know that you're not
telling me everything.

He called off
the engagement?

Maybe we went too far.

Do you regret
what we did?

So, there's bourbon
in the kitchen, and
remember to walk Cory.

Where can I reach you?

I'll be at the beach house.
Tom has the number.

PERRY: The storm cleared
Montauk last night.
Should be a perfect weekend.

Thank you, Perry.

Ellen, everything's
going to be all right.

[SCREAMS]

That's insane.
She is crazy, Ellen.

Who is she?

Her name is Lila DiMeo.

She's lying.
We did not
sleep together.

She said that you
treated her grandfather.

Yeah. I did.

I met her
at the hospital.

But then
her grandfather
was released.

And did you see
her after that?

No. Well...

Yes. No... Yeah.

Yes or no?

She had this
medical equipment that
she wanted to sell,

so I took a look at it
for her.

What?
Well, she...

She asked me to price
a defibrillator for her.

Where?

At her apartment.

So you were
at her apartment?

What the hell
were you doing
at her apartment?

I just... I gave her
a price, and that's it.
Nothing happened.

Then why are you
so uncomfortable?

Because I feel like
you're accusing me
of something.

David, a woman came
into my office today

and told me that she
was sleeping with you.

Listen to me.

I hardly know her.
Clearly, the woman
is nuts.

Well, stay away from her.
Tell her to stay away
from me.

Patty Hewes knows
about Arlington.

How in hell
does she...

I told her associate.

Ah! Jesus.

The last thing Arthur wants
is for that shit to come out
in the deposition.

That is a mighty
risky game
you're playing.

Relax.
Arlington's all his.

You and I have
nothing to do with it,

and when that asshole
finds out that Patty Hewes
knows about it,

he'll have to settle.

Just shut up
and play your part.

Ms. Hewes...
NANCY: Chin.

...I was stunned
when I learned...

Elbows off the table.

Ms. Hewes, I was
stunned when I learned
that the accounting firm

had defrauded
my company.

Don't blink
when you say that.

You were stunned?

Why is that?

I mean,
you cashed out
just in time.

You walked away
with millions.

I gave that company
everything I had.

And I failed
my employees,

my family,

I failed pretty much
everyone who ever
believed in me.

Bullshit.

Stop making speeches.
You're trying too hard.

Bullshit?

Don't you tell me "bullshit."

You have no idea
what I've been through.

Art! This is why
she's here.

Don't tell me "bullshit."

People expect a CEO
to be strong.

They see too much
of the soft side,
looks like an act.

You've got
to be heartfelt,

without sounding
like a pussy.

Now, you think
you can do that?

[CHUCKLES]

All right.

All right, fair enough.

Let's do this again.

ELLEN: Since when does
the SEC investigate
car accidents?

I'm not going to
give you everything.

Okay. Cindy Lambert
died in a car crash
in 1983.

Frobisher said
he wasn't driving,

and the Lambert family
backed him up.

Now they're very rich.

Is that so?

So I'm guessing
the Lambert family
was given Frobisher stock.

If the SEC knew this,
why didn't they use it
in the criminal trial?

The judge excluded it
on relevance.

We were going after Frobisher
for insider trading
and accounting fraud.

What are you
getting out of this?

I tried to take
Frobisher down
and I failed.

I still want justice.

No. If you did,
you'd go public.

I think you have
other reasons.

What happened
between you two,
Mr. Moore?

Did Frobisher block
your political career?

Blackball you
from his country club?

Sleep with your wife?

You have the truth.

Now use it against him.

Patty Hewes
doesn't like surprises
or hidden agendas.

I better not find out
you have one.

Why did you tell me
that you were married?

That was their idea,
so you wouldn't tell
anyone about us.

And after Florida,
when you helped me
with all of that stuff,

was that all a part
of the set-up, too?

No. That was me.

This is going to
sound crazy.

I know what I
did to you, Katie,
is unforgivable.

But I liked you.

I've always liked you.

When I was
in Mexico hiding,
I thought...

I just...

I just wanted
to see you again.

I thought,

maybe if we spoke, if I...

If I could just
explain things, then
maybe we could just...

[SIGHS]

You ruined my life.

[CELL PHONE RINGING]

Hello.
GREGORY: Hey. It's me.

I know I shouldn't
be calling.

I just wanted to say
I've realized I was
wrong back then.

Well, you were?

Yeah.

To let you
expect more from me.

You know, the last time
I saw you, you told me
it was too late to change.

It's not.

You can change.

And you can withdraw
from the case, Ray.

Cut those guys off.
All they do is hurt people.

It's not that simple.

It is.
You're not like them.

I know you want to do
the right thing.

I'm sorry, Gregory,

for everything.

Take care, Ray.

The hotel's totally booked.
I don't know where we can
go on such short notice.

This is your first
weekend off in, what?

Forever.

So ask for
the beach house.

Ask who?

Patty.

No thanks.

Mr. Moore insists
on total anonymity.

We'll never get him
to testify.

I question
the guy's motives.

That's all right.

If we can confirm that
the Lambert family was
given Frobisher stock,

we can use it
against Frobisher
in the deposition.

Good.
Anything else?

TOM: Yeah.

Ellen wants to use
your beach house.

No, I was just...

She wants to go away
for the weekend.

Be my guest.

Thank you,
but I couldn't possibly.

Ellen, it's just
sitting there empty.

And I have the gala
this weekend.

Well, okay. Thank you.

Get the keys
from Uncle Pete.

I've been trying
to reach Patty.

She won't call me back.

Go to the beach house.

I will, I will.
But, Ellen...

Go to the beach house, Tom.

Patty, it's me again.

You need to call me back.

Patty?

Patty?

Tommy. Didn't
hear you coming.

Have you seen Patty?

I was going to ask you.

I need the keys
to the beach house.

Ah.

[CLEARS THROAT]

[EXHALES]

My name is Gregory Malina.

I've made this tape
because right now
I don't trust anyone.

And I want to make sure
my story gets out.

In 2002,
I met Ray Fiske.

I didn't know it
at the time,

but he was
Arthur Frobisher's lawyer.

Shortly after, Mr. Fiske
sent me down to Florida
to help set up a meeting.

I didn't know
what this meeting
was about,

but I know that
Arthur Frobisher
was in contact

with a member of
the Securities and
Exchange Commission.

The name of that member
is George Moore.

[EXCLAIMS] Keys to
the castle, my lady.

Thanks, Pete.

And your chariot.

What's this?

Patty heard
you're renting a car,
and she won't have it.

Insists that
you take hers.

Thank you.

[COCOA WHIMPERING]

[GREGORY SHUSHING]

What's the matter, boy?
Need to go out?

You were right about
Lila DiMeo. She's nuts.

What do you mean?

I did a background on her.

Sophomore year,
she got kicked out
of college

for stalking
her professor,

and since then she's
had three restraining
orders put on her.

Jesus.

Stay away
from her, David.

Good boy, Cocoa.

Come on, boy.

Cocoa. Cocoa.

[WHISTLES]

Stay.

[SIREN WAILING]

Gregory?

Oh, my God.

Holy shit.

[COCOA BARKING]

Gregory?

GEORGE: Uh-huh.

It's done.

It was Katie Connor's
area code.

You were right.

Good.

Wow.

Oh, my God.

This is amazing.

I can't believe this.

[BOTH LAUGH]

Come here.

Cool.

Arlington? She's going
to dredge up that shit?

I thought
we had it sealed.

Well, Patty's people
came to me.

They know the family
owns stock.

Patty's going to say
you paid them off.

You know something?
I don't give a shit.

You know what?
I'll handle it.

You know, Arlington,
Katie Connor,

Gregory Malina,
let her depose me.

We're going to trial, Ray.

No, we're not.

It's not even relevant.
That was 25 years ago,
for Christ's sake.

It has nothing to do
with this trial.

If Patty gets it
into the deposition,

she'll undermine
your credibility.

The burden of proof's lower
in a civil trial, Art.

Fact is, she'll use it
to establish an MO.

She'll say it proves
you have a history of
buying off witnesses.

You got to settle.

He's right, Arthur.

I heard him, George.

What are you
going to do?

PATTY: When the Blind
Justice Project

asked me to present this award tonight to Richard Lamontagne,

I didn't know what to say.

Not because
I was flattered,

but because I didn't
even know who he was.

[ALL LAUGHING]

So, I googled him.

Now, you might be surprised to learn that Richie, in his youth,

won three ATV
motocross championships.

I mean, I was. Until I realized I had spelled his name wrong.

How is it that a woman
who's argued cases
before the Supreme Court

hates to give
a speech in public?

There are nine people
on the Supreme Court,

and only six are awake
on any given day.

ARTHUR: Excuse me.
May I?

Okay.
Thank you.

Patty Hewes.

Shall we?

I caught you on TV
last week.

You don't like me
very much, do you?

Why would you say that?

Why should you?
You don't really
know me.

So that's why
you're here.

[LAUGHS]

I'm here because
I'm willing to negotiate.

There's nothing to negotiate.
This isn't about money.

Oh! No, no, no,
of course not.

Well, I know
you don't give a shit
about justice, Patty,

so what do you want?

I want you disgraced.

I want history to erase
your every achievement.

I want you to feel
the disgust in your
children's eyes

when they look
on you in shame.

Well, this has been lovely.

It's rude
to abandon a girl
on the dance floor.

The song's over, Patty.

Almost as bad as
abandoning a girl
in a burning car.

All right.

Let's get this
over with, shall we?

$300 million.

Must have been horrible.

Her face smashed
clear through
the windshield.

$450 million.

Blood everywhere,
gasoline, searing heat.

I'm told you never forget
the smell of burning flesh.

$850 million.
That's my final offer.

Did she shout
out your name
when she died?

Arthur. Arthur? Arthur.

NANCY: Arthur.

Coffee's ready.

Or do you just want
to call it a night?

No.

No. Sorry.

No, I want you to keep
playing Patty Hewes.

[NANCY MOANING]

Patty?

Patty?

Patty, it's me again.

Where the hell are you?

[WHEN I AM THROUGH WITH YOU
PLAYING]

♪ 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 ♪