Damages (2007–2012): Season 3, Episode 10 - Tell Me I'm Not Racist - full transcript

NARRATOR: Previously onDamages.

You need to see this arrest
report. Who got busted?

You know, I was just
gonna give it to a friend.

She's your sister. Mom,
she committed a felony.

Talk to someone,
make it go away!

Don't get involved.
And I can't intervene.

What is it? My sister.
I need a favor.

You're going to keep
those checks coming.

Why would I possibly
do that, Dad?

Because I got a big
mouth, Mr. Winstone.

What's that family going
to do when they find out



you've been lying to
them all these years?

Patty Hewes contacted me.

She wanted to know whether or not I
spent last Thanksgiving with my mom.

Did you spend
Thanksgiving with her?

My mom made me promise
to never talk about it.

I still don't understand
about Thanksgiving.

Why would that lead
you to the money?

Well, we think we know where the
Tobins are hiding it. Antigua.

And Thanksgiving was Louis Tobin's
last chance to move the money

before he confessed.

Patty knows the
money's in Antigua.

There's nothing to worry about,

as long as you don't get greedy

and start spending the
money anytime soon.



I don't see how this could have
anything to do with the Tobins' money.

Why is she lying to us?

[CHILDREN LAUGHING]

Patty?

What's for dinner?

Your favorite.

How was school
today, sweetheart?

Fine.

Did you pick those for me?

Yeah.

They're so beautiful.

Let's put them in water.

You must be so hungry after
all that time playing.

You want to help me make dinner?

Can I stir the sauce?
Of course you can.

Here, use your stool.

Be careful now. It's a big
spoon and it's really hot.

Go slow.

Like this?

Look at you. You're
such a big girl.

Nice and easy.

What's the matter, Ellen?

What's this?

That's you, sweetheart.

[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 ♪

I just want to help.

So, tell me exactly what happened
leading up to the arrest.

I should have told you the
truth in the first place.

I'm sorry.

You remember my friend
Becky? From high school?

Yeah, I remember.

Well, she's in a real
bad place, you know?

She's on some shit
and she wanted meth.

So you gave her some?

I have no money, Ellen. I couldn't
give it to her, so I sold her a little.

Have you ever sold before?

God, no. Never.

You know, I was just... I was
just trying to help a friend.

And she gave you up?

Yeah.

Next thing I know,
the cops show up

and they find more shit, and I get
arrested for intent to distribute.

Is there anything
else I should know?

No. Nothing.

Okay. Well, I'll look at the
situation and see what I can do.

I thought you said you couldn't
have anything to do with this case.

I can't, but I've found
someone who can help.

I think I may know why Tessa Marchetti
lied to us about Thanksgiving.

You got her employment
records from the airline?

Take a look at her
November flight plan.

On Thanksgiving night,
Tessa flew to Antigua.

That was her first trip down.

And she's flown there
every week since.

How do you make sense of that?

Louis Tobin had to start moving the
money down there before he confessed,

but Tessa didn't start making
those flights until after.

Maybe the money was
already down there.

And on Thanksgiving night,
Tessa started moving it out.

[KNOCKING ON DOOR]

Come in.

I'm sorry to interrupt,
but I'm afraid it's urgent.

Yes?

The Tobin plaintiffs
have demanded a meeting.

Patty Hewes approached
Tessa Marchetti.

How do you know that?

Tessa told your mother.

They've become friendly.

Been having lunch together.

[SIGHS]

What did Tessa tell Patty Hewes?

Apparently, she kept her mouth
shut and protected the family.

I'll talk to my mother.

I don't want her having any
more contact with Tessa.

I agree.

The girl lied for us.

I should thank her.

Miss Hewes, this isn't personal,

but you people are not
getting the job done.

I'm aware of the hardships each
of you is facing every day,

and I sympathize
with the fact that...

We don't need your sympathy.

We need money.

You've already sold the
Tobins' assets and holdings.

Why don't you just give us
what you were able to recover?

Our goal is to make you
financially whole again.

If we stop pursuing the Tobins
now, we won't be able to do that.

Miss Benjamin.

If the money were to
be distributed today,

each of the thousands of victims

would receive less than 3%
of your individual losses.

As I've said from the start,

we believe there is
more money out there.

A lot more.

Well, maybe another attorney
would have better luck finding it.

We have asked the
court to replace you.

That's a mistake.

We want a new lawyer taking over

I'm sorry. I wish it didn't
have to be like this.

This passenger was
totally hammered,

so she orders pina coladas
for everybody on the plane.

Everybody loves a party.

Yeah, but we don't
even have pina coladas.

So then she starts freaking
out and yelling at everyone...

JOE: Tessa?

I don't mean to
interrupt. I'm Joe.

You're Louis Tobin's son.

Yeah, I don't mean to bother
you. I was hoping we could talk.

Hey, I'm gonna meet
you inside, okay?

Yeah, sure. You okay?

Yeah, I'm fine.

I thought I wasn't
supposed to talk to you.

I know, but things are different
now. I wanted us to meet.

Your father was always
wonderful to me and my mom.

None of that's gonna change.

My family's still here for you.

Okay. Thank you.

I know you've been
seeing my mother.

She told me Patty Hewes asked
you about Thanksgiving night.

I appreciated you not
talking to her about it.

Sure.

Was that your boyfriend? Yeah.

You guys go and have
dinner somewhere special.

Enjoy yourself.

Thanks.

And if you need anything
else, just let me know.

My number's in there, okay?

So I guess this makes
you my half-brother.

I guess so.

Take care of yourself, Tessa.

You think Tessa Marchetti's been
moving money out of Antigua?

Yeah.

So what are we gonna do next?

TOM: We pursue her. [SIGHS]

Nothing.

Why?

Tobin's victims have filed a
petition to remove me from the case.

Yeah, all the more reason to keep
going, to put pressure on Tessa,

find out why she lied to
us about Thanksgiving.

It's not the right time.

What are you talking about?

We've got no leverage.

So, what, we're gonna sit around and
wait for them to kick us off the case?

This could be our last chance.

It's my decision.

But it's the wrong decision!

PATTY: Calm down, Tom.

Don't tell me to calm down.

We are not going to approach
Tessa Marchetti now.

The victims have
filed a petition.

We need to write a brief
to defend ourselves.

That's our priority.

Paperwork is not
gonna solve this.

Did you get in touch with Malcolm?
I did. I set up a meeting.

He should be able to help
you with your sister.

Thank you. I'll
see you, Patty.

They sent it back, Lenny. The
charity actually sent it back to me.

What is that, sweetheart?

My check, to the Fund
for Africa's Future.

Read it.

They won't let me
go to Tanzania.

I've been going on that
annual trip for over a decade.

I know how much this foundation
means to you. I'm sorry.

Yes, look at this.

Kamil and Abaju and Imara.

I want to see my
children, Lenny.

I understand, but if the board
doesn't want you to go...

Screw the goddamn board.

I've been sponsoring these
kids their whole lives.

They're my only purpose now.

All right, I'll
see what I can do.

There's someone on the board
I think will be sympathetic.

Who's that? Stuart Zedeck.

He's an old friend of Louis'.

I don't know if
you've ever met him.

I haven't. But I'll
track him down.

After all I've done
for that charity.

They cannot do this
to me. We'll sue them.

Well, let's not get ahead
of ourselves, Marilyn.

I'm sure there's
something I can do.

The victims from the Tobin fraud
want to remove Patty from the case.

Why?

Because we're not
making enough progress.

I thought you found
that account in Antigua.

We did, but we can't touch it.

If we're removed from this case,

we'll never recover the money.

So what are you saying?

I'm saying that we have to sell.

Sell what?

Everything. Anything that
we don't absolutely need.

I took an offer
on the lake house.

Did you want to ask
me first? Jesus.

We're taking care of your parents'
mortgage, my parents' mortgage,

your mother's chemotherapy.

We may be supporting our families for years
until they can get out from under this,

and it's all my fault.

I understand. I just think we need
to make these decisions together.

There's nothing you
and Patty can do?

There's one possible witness,
but Patty doesn't think

we have enough leverage
to approach her.

What do you think?

You guys go right in. Why
don't you get to work?

Maybe you'll accomplish something
today. Can I get you some coffee?

What was that about?

He's pissed because I haven't
been able to link the Tobins

to Danielle Marchetti's death.

Those guys looked
like detectives.

Gates is re-interviewing them.

He thinks I must have missed
something the first time around.

For your sake, I
hope he's wrong.

He is wrong.

The case stalled out.
We have no leads.

It's Leonard Winstone. I need
to talk to you about Marilyn.

How's the girl holding
up? She's fine.

But she's upset about the
charitable foundation.

What happened?

Marilyn wrote a check
and it was sent back.

So what does she want?

She's passionate about
this charity, Mr. Zedeck.

She's desperate to go on
this trip to Tanzania,

and she wants to approach
the board herself.

I told her I'd handle it.

I see.

I need your help.

Let me see what I could do.

How old is your sister?

Thirty-four.

Any priors? No.

Her husband just left her with a
newborn, so she's desperate and broke,

but she's never done
anything like this before.

This is her arrest report.

She sold narcotics to a friend?

Carrie's friend got busted, then she
copped a plea and gave up Carrie.

If this woman testifies in
court to save her own ass,

your sister could be
looking at jail time.

Yeah, I know.

Patty said I should do everything
possible to make sure that doesn't happen.

You understand what that means?

Yes, but I don't want you doing
anything without talking to me first.

Understood.

Let me do some legwork, see
what I can find on the friend.

Hopefully, she won't
hold up as a witness.

Thank you.

I'm sorry for your sister.
And for you. I'll be in touch.

[SIGHS]

Thanks for seeing me
on such short notice.

I'm really not
sure what you want.

I already told you
everything that I know.

No, you lied to us.

We know you spent
Thanksgiving with your mother.

Sit down. If you want to
arrest me, you can go ahead.

Just sit down.

Listen, I'm not interested
in having you arrested.

I want you to know the truth
about the Tobin family.

Yeah, what's that?

They had your mother killed.

My mother was in a car accident.

When she was released
from the hospital,

the doctors said she'd
make a full recovery.

She had brain surgery.
There were complications.

She died of heart failure.

That's not why she died. It
was only made to look that way.

The Tobins murdered her
to protect their money.

You don't know those people.

You don't understand
who you're dealing with.

My mother died because
the doctors screwed up.

It had nothing to
do with the Tobins.

Just tell me the truth
about Thanksgiving.

I can protect you.

I don't need you
or your protection.

How many rocks?

Neat.

You are so goddamn
beautiful. Look at you.

[PHONE RINGING]

Yes.

ALBERT: Tell me
I'm not racist.

I told you never to phone here.

I said, tell me
I'm not a racist.

Just give me a second,
will you, sweetheart?

Thanks. Sure.

What are you talking about?

I got a mailman, name of Chung.

Now either I'm a racist,

or he's been stealing those
checks you've been sending me.

You have been sending
me checks, haven't you?

No.

I thought I made myself clear.

I got a big mouth. I'd hate to
accidentally open it to the Tobins.

Don't threaten me.
You're not getting shit.

I honestly thought you
were smarter than that.

Listen to me. I do not know what
the hell you think you're doing.

I'm disappointed in you.

[LINE DISCONNECTS] Dad. Dad!

Thanks, Johnny.

You want to get lunch?

No, I can't. I'm too
busy. Sorry. Next time.

That's what you
said the last time.

Did I?

You run a pretty good racket,
but I think I'm on to you.

[LAUGHS]

Excuse me? Sir?
Can I help you?

I'd like to speak to someone about
an investigation you're conducting.

Okay, and you are?

Tessa Marchetti.

Was my mother's
death a homicide?

The medical examiner's
results were inconclusive.

Are the Tobins being
investigated for her death?

The investigation is
ongoing, Miss Marchetti.

I'm sorry. We're not at
liberty to discuss the details.

Because I was approached by an attorney
who said the Tobins killed her.

An attorney? Did
you get a name?

His name is Tom Shayes.
He works with Patty Hewes.

I'm very sorry he approached
you, Miss Marchetti,

but those allegations are
entirely unfounded. I promise you.

Okay.

Why don't we get your
contact information

and we'll be in touch if
there's any new developments.

TESSA: Sure.

Here.

Thank you for coming in. I'm sorry
you had to go through all of this.

TESSA: Thank you.

Tom Shayes?

Is that the guy you had me
do a favor for awhile back?

Nick... Don't answer that.

Actually, I have
a better question.

Why is Patty Hewes tampering
with our investigation?

I've no idea. I...

Is Patty Hewes the
reason we've stalled out?

No, it's because of Patty
that I'm making progress.

I told Gates to follow her
lead. He wouldn't listen to me.

What are you doing?

Please don't go to
Gates about this.

Well, you're not leaving
me much of a choice.

You're working with Patty
Hewes behind our backs.

I'm not working with
her. I'm using her.

She's better than Gates.

Patty will find what she needs to
bring down the Tobins, trust me.

And when she does, I
will have access to it.

And we will have enough
to make an arrest.

[SIGHS]

If you don't go to
Gates with this,

I can share the credit with you.

We both know a bust like
this can make a career.

Do what you have to.

I'm in.

I can't believe we're even considering
letting Marilyn Tobin go on the trip.

There's no evidence that Mrs.
Tobin knew about the fraud.

And Mrs. Tobin was always a
dedicated member of this foundation.

Come on.

Our public relations
would be a disaster.

Let's put it to a vote, okay?

I'm fine with that.

Who doesn't want Marilyn
Tobin to go to Africa?

That's five against. Okay.

And who thinks she
should be allowed to go?

And five in favor.

Stu, you can't abstain.
You're the deciding vote.

I'm sorry to say it, but...

I think she should stay home.

I don't want her anywhere
near this charity.

If I hadn't been there, Tessa
would have talked to Gates!

I took a risk. Patty
was very clear...

Look, Patty has not
lost her life savings.

Her family's not falling apart
because of these assholes.

I'm sorry, Tom.

No, I'm sorry.

I shouldn't have pushed Tessa.

It backfired, and I screwed up.

I'll tell Patty. No.

Don't. And if she finds
out, blame it on me.

I'm not gonna do that. What
is she gonna do, fire me?

[SCOFFS]

Thank you.

And don't worry about Tessa.
I'll take care of her.

I gotta get back to work.

So you think the Tobins are
using this Tessa Marchetti

to move their money
out of Antigua.

Yes. And we're working on
securing her cooperation.

I'm sorry, this doesn't cut it.

I already warned you once, and you
haven't made any more progress.

Your job is to recoup the
money and distribute it.

That's just not happening.
And I'm sorry to say,

the plaintiffs' arguments to
replace you are damn persuasive.

I can't distribute the money fairly
until I know how much is there.

What if you're wrong
about this Tobin account?

Many of these victims are
in dire financial straits.

They need whatever they can
get, and they need it now.

I could always use my own
resources to go after the Tobins.

Operate outside the bounds
of my courtroom, Patty,

I'll have you disbarred.

Your Honor, when I
find the Tobins' money,

nobody is gonna care
about how I did it.

Consider yourself warned.
You have one week.

Tessa Marchetti doesn't pan
out, you're off the case.

Did you pick those for me?

Did you pick those for me? Did you
pick those for me? For me? For me?

[GASPS]

I'm sorry, Marilyn. You
can't go to Tanzania.

I don't understand. Did
you talk to Mr. Zedeck?

Yes.

He said he did everything

he could to convince the board,

but he couldn't
change their minds.

[INTERCOM BEEPING]

Yes?

There's an Albert Wiggins here to
see you. Says he's an old friend.

Tell him I'm with a client.
I'll have to get back to him.

Who was that?

No one important.

I'm sorry, Lenny. I
know I'm being rude,

but I just got into town
and I had to say hello.

This is not a good time.

You must be Marilyn Tobin.

It's a pleasure to finally
meet you in person.

Your lawyer has told me such lovely
things about you over the years.

I'm sorry, I don't recall
Lenny mentioning you.

Leonard was my
student at law school.

The finest brain I ever
had the pleasure to teach.

Really? And are you
just in town visiting?

The truth of the matter is, my
lovely wife passed away recently,

so I'm thinking of
retiring to the city.

I'm sorry to hear
about your wife,

but Mrs. Tobin and I are in
the middle of something here.

Of course, of course.
I'll get out of your hair.

I just wanted you to know I'll be around.
I'm looking forward to a chat sometime.

Soon.

Hi, Mom. Hi, sweetie.

Where's Dad? He's
downstairs double-parked.

I'm just gonna grab my
coat. How you doing?

I can't lie, we're
both worried sick.

We have so many
questions for you.

Your father went online to find out
about drug charges and court proceedings

and everything, but it's just so
confusing. Please be patient with us.

Of course, Mom. Hey, do
you know who that is?

Oh, my goodness,
where'd you find this?

In some old stuff. Who is she?

She babysat for you
and Carrie years ago.

You were very young. Let's
go, your father's waiting.

What was her name?
I don't know.

Anne... Something.

I don't remember. It was
so long ago, sweetheart.

I've been having dreams
about her. Really?

Did I ever sleep at her house?
What? No, of course not.

Because I think I
remember sleeping there.

Well, I don't remember. Now, come
on, before your father gets angry.

Could I talk to
you for a second?

Yeah, about what?

Ellen Parsons.

Go on.

She's been talking
to Patty Hewes.

So, what did you find out?

Your sister's lying to you.
She's knee-deep in this shit.

How so?

This isn't a onetime thing.
She's been selling for a while.

So, this witness is
telling the truth?

Well, she's no saint, either, but
it looks like she's on the level.

Unbelievable.

There are still things you
can do to apply pressure,

make this witness think
twice about testifying.

Unless you've had
a change of heart.

You know what? I think
I'll just handle it myself.

And that other thing?

Her name's Anne Connel.

What were you able to find?

Not much.

All I could get was an address.

It's about a hundred
miles out of the city.

Thank you.

Thank you for handling
Marilyn's situation.

How'd she take it?

Not well.

I feel bad about it, but
it's for her own good.

We got to keep her
away from the charity.

The less scrutiny, the better.

Understood.

I always liked her.
She means well.

But she talks too much.

You got my lunch?

Egg salad on rye.

They were all out
of pumpernickel.

You hungry? You want
half a sandwich?

No, no, no, thank you.

Here you go, Mr. Winstone.

For now, we're going to have to
keep doing this a little at a time.

Of course. The Tobins
will be grateful.

So, Malcolm came
through for me. And?

My sister was lying
about everything.

I'm sorry.

Maybe she deserves
to go to jail.

I don't know, help
straighten her out.

But she has a baby,

and my parents
would be devastated.

What would you do?

Ellen, my husband is gone,

and my unemployed teenage
son is about to be a father.

I think you might want to ask
someone else for family advice.

[LAUGHS]

At least Corey stuck by you.

It's because I feed him.

How do you think Tom is doing?

Do you speak to him much?

No, not really.

He's been so tense lately.

It's just not like him.

I see you still have
a hole over there.

So, are you going ahead
with the renovation?

I haven't made a decision yet.

I wanted to ask you something.

Do you know who this woman is?

Where did you find that?

That's what Mom wanted to know.

You showed this to Mom?
Shouldn't have done that.

Why?

Do you know who she is?

What did Mom tell you about her?

She said that she used
to babysit for me.

Then I guess she did.

I only remember seeing
her once or twice,

and Mom never liked
talking about her.

You know, when we were kids, you
used to tell me I was adopted.

I was just screwing with you.

Jesus, Ellen, you
weren't adopted.

You have the same stupid parents
I do, okay? You're a Parsons.

Forget about that
woman and deal with it.

Can you help me
with my case or not?

Yes, I can.

But I'm not going to.

Why not?

You did this to yourself.
So don't blame me.

Or Mom or Dad or anyone
else, for that matter.

You put yourself in here.
Deal with the consequences.

This city's a shithole.

What do you care?

You're leaving.

Finish your drink,

then I'm putting you
on a bus back home.

Thanks.

But I ain't leaving, kid.

Listen to me.

I have connections.

I know people who can hurt you.

Yeah? Yeah.

I just have to pick up a phone.

WAITRESS: Another round?

Just keep them coming.

You know, when you left,

I thought you were getting
out of the business.

Just turning your back on
your dear old dad, but hell,

you're pulling the
biggest con of all.

No, this is my job,
Dad. I'm an attorney.

And the Tobins aren't
marks, they're clients.

Right.

They're more than
clients, they're...

What, family?

Damn.

You want to open a tab?

My son's buying. He's
a big-shot lawyer.

Long and short, a con's a con.

This may come as a surprise, but I
didn't come here to spoil your game.

There is no game.

Shit.

Louis Tobin, what
he got away with,

the guy's better
than both of us.

There's no way he wasn't gonna stash
away something before he kicked.

He didn't.

Horseshit!

There's money.

And I want in.

Miss Parsons? Tessa.

Why are we not meeting
in your office?

I could lose my job.

So this meeting never
took place, okay?

I understand.

The truth is,

we do believe the Tobins were
involved in your mother's death.

Why do you think that?

I can't give you specifics,

but I'm concerned
for your safety.

What should I do?

Call this number.

Thank you, Miss Parsons.

So we have one week, then the
judge is just gonna dump us?

Yes, it seems that Judge Reilly

and the victims have lost
their confidence in us.

[STAMMERING] That is bullshit.

[CELL PHONE RINGING]

Hello.

This is Tessa Marchetti. I
want to talk to you again.

Okay, Tessa.

I'd be happy to see you.

I'm just a couple blocks
away from your office.

Why don't you come on
over? I'll be waiting.

TESSA: All right.

Tessa. Everything's
going to be fine.

I'm on my way.

I wonder why she
decided to talk.

I have no idea.

AUTOMATED VOICE: OnStar
ready. Call office.

Dialing.

[PHONE RINGING]

RECEPTIONIST:
District attorney.

Hi, it's Ellen Parsons.

Could you tell Curtis Gates I
won't be coming in tomorrow?

Sure, Ms. Parsons.
Can I tell him why?

Tell him I'm out of town
on an investigation.

Certainly.

Thank you. You're welcome.

Tessa Marchetti? Yes.

Come with us, please.

Where is she?

Call her.

You're under arrest.

[CELL PHONE RINGING]

Don't answer that.

[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 ♪