Damages (2007–2012): Season 3, Episode 12 - You Were His Little Monkey - full transcript

Patty Hewes meets with Judge Reilly who, given the events in Antigua, decides she is making enough progress to keep her on the Tobin case. While she is very appreciative of his decision, he goes on to tell her about Tom Shayes' financial situation and the loss of all his assets in Louis Tobin's Ponzi scheme. She tells Tom there is only one thing he can do. Ellen meanwhile is surprised when her boss tells that she will be co-prosecuting Carol Tobin for the murder of Danielle Marchetti. Arthur Frobisher oversteps the line when he alludes to the actor portraying him in a film that he once arranged to have someone murdered. When Patty gets hold of the information she goes straight to the DA and Ellen is now hopeful that the murder of her late fiancée David, will now be solved. Leonard Winstone's past comes to light and Ellen makes sure that Joe Tobin knows the details.

NARRATOR: Previously
onDamages...

Josh Reston.

I just got a job reporting
crime at the Manhattan Observer.

The warmth all lie
behind these walls.

And you two are...

Having a baby.

How much would it take
for you to walk away?

I want you to cut off any
communication with Ellen.

Whatever Ellen told you,
she was covering up for me.

When you left, I thought you
were getting out of the business.

This is my job, Dad.
The Tobins are clients.



There's money. And I want in.

Your mother said you were helping
transfer money to a charity?

Yes.

Do you remember anything
about that form?

I signed it so many times, but
it was just a bunch of numbers.

PATTY: How would you feel about
going back down to Antigua?

Tessa Marchetti doesn't know
anything and she's on your side.

You're sure of that, how?

Your father has supported
Tessa her whole life.

She's a problem.

You have to intervene. Joe needs
to know Tessa is his daughter.

Did you tell him? Yes.

Joe's going to
leave Tessa alone.

No, please, no.



You had no choice.

[ROOSTER CROWING]

[GRUNTS]

WOMAN ON INTERCOM: Ms. Hewes?

Ms. Hewes?

Yeah.

Judge Reilly is here to see you.

I'm very sorry to hear
about Tessa Marchetti.

Our investigator
was killed with her.

The cleaning staff at
the hotel found them.

We're obviously getting close
to the money, Your Honor.

If you take us
off this case now,

all the progress we've
made would be for nothing.

I reviewed your brief.

You believe Miss Marchetti
was transferring funds

from a bank in Antigua
to a charity in the US.

That's how the Tobins were
laundering their money.

I'm going to let you
see this through.

[SIGHS] Thank you, Your Honor.

I promise you, you will
not regret that decision.

I hope so, Mr. Shayes.

Patty, can I talk to you alone?

Of course.

All right, thank you very much.

I recently received some
information about Mr. Shayes.

I assume you didn't
know about this.

I had no idea.

[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 ♪

So the judge knows I
was invested with Tobin.

Yeah.

[SIGHS]

You can't keep your
finances secret anymore.

Why didn't you tell me?

[SIGHS]

I don't know, I
don't know, Patty.

So, what's, what's...
What's the next step here?

You know what you need to do.

Your father never wanted anything
to happen to Tessa Marchetti.

You lied to Mr. Emanuel.

You told him I was
on board with this.

The girl was going
to turn us in.

How do you know that?

Because she was found down
there with a bodyguard

and the account number
for the charity.

With the girl gone, how do you
plan to keep moving the money?

You think of that?

We've put enough into the
charity for now, okay?

We'll start again when
Emanuel finds another courier.

You should have cleared
all this with me.

I warned you about Tessa
Marchetti, and you did not listen.

You're an old man in over his
head, just like my father.

You shut your mouth
and have some respect.

You shut your mouth!

I call the shots now, okay?

You don't like the way
I'm running things,

feel free to turn me
in to the authorities.

You didn't tell him, did you?

Hello, Lenny.

Why didn't you
tell him, Marilyn?

You are obviously upset, but who
is it that we're talking about?

Please do not lie to me.

If you had told Joe that Tessa was
his daughter, she'd still be alive.

Why didn't you tell him?

I don't understand.

Of course you don't understand.

You don't have a family
of your own, Lenny.

You don't have children.

Vodka, rocks.

You know what I have to do.

Don't tell him, Lenny.

What's the point now?

So Patty gave us the evidence
we need to arrest Carol Tobin.

That's good news.

And you're going to
prosecute her with me.

You're not firing me?

Doesn't look that way.

Why not?

'Cause I like to win,
and your instincts,

despite being completely
unethical, may be an asset.

Thank you.

Yeah, besides, when I made the
deal with Patty for Carol Tobin,

she made me promise
to keep you on.

Really?

So you have her to thank.

You can go now.

But, Ellen,

one phone call to the bar
association and you're history.

MAN 1: Come in.

Thank you.

Mr. DiFolco, nice
to see you again.

I'd like to make
another withdrawal.

Certainly.

The Fund for Africa's
Future, correct?

That's right.

You know where to sign.

How is Mr. Zedeck?

Very well, thank you.

I would love to meet
him in person someday.

As a trustee for the charity,
he's a very busy man.

Besides, Mr. Zedeck
is old-fashioned.

He figures, why do
anything yourself

when you can send your
attorney to do it for you?

Yeah. Well, give him my best.

In cash? Please.

The usual denominations.

Special delivery.

Thank you. My regards
to Mr. Zedeck.

Here.

[CHUCKLES]

Well, shoot me
dead, then screw me.

Satisfied?

Long as you keep it coming,
your secrets are safe.

You're gonna have to be patient.

Yeah, I got you. You
got to be careful.

Don't tip the mark.

The Tobins are not a mark.

Maybe not for you.

What do you say we bag
ourselves a couple of whores?

My treat.

I'll pass.

You remember the
first time I took you?

I broke you in.

My resignation from the firm.

So you lied to me because
you were protecting Tom.

Yes.

I assume you knew he
was invested with Tobin?

Yes, he told me
that a while ago.

And you felt it was okay
not to mention that to me?

Tom was in a bad place,

and I decided he needed my
loyalty more than you did.

One of the reasons I didn't
come back and work for you

was so I could make
my own decisions.

I admire that.

What's gonna happen to Tom now?

He's resigning for
the sake of the case.

What case? You don't have
one without Tessa Marchetti.

No, I don't.

Maybe it's over.

Maybe I'll never find the money.

That doesn't sound like you.

There's got to be some
angle left to play.

I can only think of one.

Turn the Tobins
against each other.

Because we won't find the money

unless we tear
that family apart.

Sorry to show up unannounced.

What are you doing here?

Jill and I got the
chromosomal tests back.

And?

Flying colors.

Third trimester is a breeze.

Glad to hear that.

I know you were worried before.

You asked me about paternity.

I just want you to be sure.

Well, I am.

They checked the DNA.

Kid's all mine.

I'll send you a
copy of the report.

I need you to sign here,
Mr. Winstone, and here.

He's all yours.

Thank you, Officer.

A bar fight? Really?

The bartender
couldn't take a joke.

Yeah, you're a joke.

Keep it up, you're next.

I'll slap you around! Shut up!

Screw up again and
we're done, you hear me?

Donna?

Hey.

Sorry to get you out of bed.

Well, you know I don't sleep.

I didn't say you were sleeping.

Thanks for the call.

You know, next time it's gonna
cost you dinner and a movie.

You got a tip for me?

You asked me to keep an eye
out for anything on the Tobins.

Yeah?

Well, there was an arrest
you may want to look into.

In my efforts to aid the victims

of Louis Tobin's historic fraud,

I purposely misled my
clients and my colleagues.

I failed to disclose that
I, too, had fallen victim

to Mr. Tobin's crime.

My partner in the
firm, Patty Hewes,

remained entirely unaware
of my financial status.

And in willfully hiding
my agenda from her,

I created a conflict of interest

that put my firm and
our entire case at risk.

For this, I feel deep
shame and regret.

Therefore, effective immediately,
I am resigning from the firm,

as I recognize it's impossible for
me to continue to work alongside

those whose trust I so
completely violated.

I was happy to hear from you.

I was thinking about
our last conversation.

I'm ready to accept your offer.

You've made the
right decision, Jill.

I want you to know that
this was not easy for me.

I love your son.

Yeah, of course you do.

Burnham. Is that with an "H"?

B-U-R-N-H-A-M.

I really believe this is the best
thing, for both me and Michael.

$200,000 will buy everyone
a lot of happiness.

Make it $500,000.

I'd like to think your son's
life is worth at least that much.

And if you want me out of it,
that's what it's gonna cost you.

You leave tonight. You
don't even say goodbye.

So, my contact gave me a
tip, and I did some research,

and I think you might
be able to use this.

For what?

The Tobin case.

Now, I'm going to hold off
writing about this for now.

Whatever you and
Patty get from it,

I want the inside story.

Thank you.

See, I told you someday we
could help each other out.

Albert Wiggins, arrested for
drunk and disorderly conduct.

Leonard Winstone bailed him out.

Who's Albert Wiggins?

He has a record in seven
states going back 50 years.

Bank fraud, theft, forgery.

So why is Leonard
Winstone representing him?

Winstone's CV says he graduated
from Guilford Law School,

but according to
the registrar...

There was no Leonard Winstone
who went to Guilford.

No, there was, but he died in a car
accident a few weeks after graduation.

So the man who's acting as the Tobins'
lawyer is not Leonard Winstone.

Apparently not.

Who is he?

Turns out Albert
Wiggins had a son.

Lester Wiggins.

He was arrested in 1984.

[CRASHING]

You okay there, Patricia?

[SHATTERING]

I was always in my
father's, uh, shadow,

so I blamed him for
a lot of my problems

because I was
invisible to the man.

I never had his
respect, so I acted out.

I was very self-destructive
for a long time.

But now he's dead,

and I haven't had a drink
since the night he died.

Now that my father's gone, my
family needs me to take charge

and step in, make

some tough decisions.

So, in spite of everything
that's happened to us,

I'm grateful, in a way.

'Cause it's given
me some purpose,

helped me to stay sober.

You shouldn't have kept
this from Patty. I told you.

I had my reasons.

Now you have no salary, and that's
all that was keeping us afloat.

Will you just relax?

I can handle this. I'll
figure this whole thing out.

And until then? What
are we supposed to do?

We keep selling. I put the
townhouse on the market.

What? I didn't want to
have to argue with you.

That's bullshit! I
cannot live like this.

Well, we don't have
any other choice.

You can ask Patty for help.

Any contact between us can jeopardize
her standing with the court.

And you're concerned about her?

How many hits have you taken
for Patty over the years?

Look, I can handle this. How?

I'm fine. How are you
going to handle it?

Just do what I ask you to do.

No, I am your wife.

Look, I don't have to
deal with this right now.

Don't ask any more questions.
No, I am your wife.

You don't want to know.

Will you just shut
up for a second

and let me fix it, just once?

I don't want Megan and
Charlie to see you like this.

What the hell does that mean?

It means I don't want you here.

Don't come home tonight.

Deb... No!

[KNOCKING ON DOOR]

Who is it?

Ellen Parsons.

From the district
attorney's office.

I know who you are.

I have something for you.

What's that?

The truth about your attorney.

What the hell?

Your whole world is
about to collapse.

You need to go, Ms. Parsons.

Talk to me, Joe.

Maybe you can still save
your family. Get out.

Is there someone
else you can trust?

[LOCKING]

[CELL PHONE RINGING]

Hello.

Mr. Winstone. It's Tom Shayes.

What a surprise. How are you?

I've been better.

I saw you on
television, Mr. Shayes.

I'm sorry about what's
happening to you,

but I'm not sure why
you're calling me.

I'm losing my family,
Mr. Winstone, my home.

I don't know what to do.

And what do you want from me?

I'd like to see you, please.
I'd like to talk to you.

I'm afraid that's
just not possible.

MAN ON HORSE: Ma'am,
are you all right?

[HORSE WHINNYING]

[RETCHING]

You need a doctor? Ma'am?

What are you doing
out here all alone?

Ma'am, you sure you
don't need a doctor?

So Deb kicked you out?

Yeah.

She wanted me to
ask Patty for money.

Where are you going to stay?

I don't know.

You're welcome to
come to my place.

Aren't you seeing some guy?

I'll just send him
home for the night.

I'm okay. I'll be fine.

Maybe you should go
to Patty for help

if you think that it might help
you keep your family together.

Ask Patty to support my
entire extended family?

You know, this job with Patty,

it was the greatest thing
I've ever had in my life,

and yet it looks like it
might cost me my family.

You want to sign the lease?

No. Sure, Joe, that's
fine. I just...

Why don't I take a look at it
first? I can come over right now.

Of course.

I have it, uh, right here.

I'll bring it with
me. See you there.

Kevin and Rachel are
gonna love this, Joe.

Hmm? Yeah, I hope so.

And don't worry.

You know, the apartment's gonna
be purchased through a trust,

so the Tobin name
won't appear anywhere.

Okay. Did... Did you bring that
thing I asked you for? The...

Yes. Of course.

It's all here? Mmm-hmm.

I have something for you.

Open it.

Where did you get this?

Why does that matter?

Listen, Joe...

A long time ago, before I met
your father, I made mistakes.

Changing your identity
is not a mistake.

Oh, come on. "Lester Wiggins"?

What kind of name is
that? Sure, I changed it.

Everything you ever told my
family is complete bullshit.

That's not true.

Yeah, it's true.

Your father wasn't
in the Air Force.

He wasn't killed in
Korea. He was a criminal.

Joe... You weren't
raised overseas.

I can explain that. You're
not even a goddamn lawyer.

You're not even a lawyer!

The Leonard Winstone who graduated
from Guilford Law School is dead.

Who the hell are you?

Someone is clearly trying to discredit
me. Don't you understand that?

That's not answering my
question, you piece of shit.

Who are you?

Who am I?

I'm the man who has taken care of
your family for almost three decades.

That's who I am.

My father died without even
knowing you were a fraud.

[SCOFFS] You're wrong.

Jesus, I came clean
to him years ago,

and he didn't care.

That's it. Good. Keep lying.

You didn't know your
father the way I did.

He trusted me with everything
that he kept hidden from you.

Danielle. The Ponzi scheme.

You told me you didn't
even know about the scheme.

Of course I did.

Jesus Christ.

I know this is
hard for you, Joe,

but he needed me.

He needed a son,

and all you did
is disappoint him.

He knew he couldn't
count on you.

You listen to me.

He trained you

so that you would do
whatever he wanted you to.

You know what he called
you behind your back?

To make me laugh?

He said you were
his little monkey.

If you ever come near my
family again, you're finished.

Ms. Hewes, Terry Brooke.

Yeah, I was hoping
we could talk again.

Thank you.

I wanted to meet
because I'm still trying

to figure out the character
for the Frobisher film.

How's that going?

Arthur's got a lot of quirks.
He's an interesting guy to play.

I had an experience, I'd kind
of like to get your take on it.

Okay.

Well, I know Arthur wants me
to see him as this dark guy,

complicated, complex,
and maybe he is,

but I can't tell if he's
just trying to impress me.

Impress you how?

Well, the dude was high on coke,

so he was either
bullshitting me,

or he just said a little
more than he meant to.

What did he say?

He said that during your case
against him, he hired some guy,

and this guy would
do anything for him.

Did Mr. Frobisher
say who he was?

A cop.

Art said he hired him from
some private security firm.

Let me ask. What do you think the
Frobisher character's capable of doing?

How desperate was this guy?

I'm not sure what
you're asking me.

I don't know. [LAUGHS]

I guess murder sounds
a little too crazy.

He was probably just
screwing with me.

[LAUGHS]

He said he murdered someone?

He was implying something.

Arthur Frobisher is
many things, but, no,

he is not a killer.

Even at his most desperate?

I'm sure the character would
be more fun, Mr. Brooke,

but it... It just isn't true.

That's just what I thought.
The guy is full of shit.

[LAUGHS]

I wasn't expecting to
hear back from you.

I hear the Tobins
have cast you aside.

Joe Tobin filed
papers with the court.

He revoked your authority
to represent them.

Mr. Shayes, I called you back

because I thought we might
be able to help each other.

Help each other how?

What if I said to you I
could make you whole again?

Restore your finances
and your reputation?

[SIGHS]

In exchange for what?

Immunity from prosecution.

I know where the Tobin money is.

Can you access it?

I can get you half of what the
Tobins stole from you up front.

When you provide immunity,
you'll get the rest.

I'll give you names,
account numbers,

enough details to put them in
prison for the rest of their lives.

You've worked for the Tobin
family your whole life.

Why turn on them now?

Joe Tobin is dangerous.

You can be the
hero, Mr. Shayes.

You can be the one to
bring down the Tobin family

when Patty Hewes couldn't.

I'm gonna need the
money delivered in cash.

If you can do that, I'll talk
to my friend at the DA's office

about drawing up your immunity.

If we do this, we
have to move quickly

before the family figures
out what I'm doing.

Okay, take this key
to the apartment.

From now on, we meet here.

I own these lofts.
The building's empty.

When the money is
ready, I'll contact you.

[KNOCKING ON DOOR] Yeah?

There's a Stuart
Zedeck here to see you.

Oh. Uh...

Great. Send him in.

This way, Mr. Zedeck.

It is a pleasure to
finally meet you.

Likewise.

Um...

I'm sure you'll understand,

but I will need to see some
identification, Mr. Zedeck.

Call me Stuart.

Passport okay?

Great.

Another withdrawal
from the charity?

Please.

What's the foundation
doing these days?

Still working on the
project in Tanzania.

Excellent. Here.

The usual denominations?

Terrific.

I'll be right back.

JILL: I was gonna wait for you to
come home, but I was too excited.

Okay, go ahead, open them.

What do you think?

[LAUGHS] Whose is this?

It's yours.

And the apartment that we looked
at, I put a down payment on it.

What?

Yeah, the maid's room can be a
nursery, and with the elevator,

we don't have to lug a
stroller up the stairs.

Are you nuts? We
can't afford these.

Oh, yes, we can.

How?

I sold a collection today.

Whose?

It's a brand-new artist. We
haven't even shown him yet.

I finished the
paperwork, and boom.

[LAUGHS]

This is awesome!

Okay, go ahead, get in, get in.

Terry Brooke approached you

with some concerns
about Arthur Frobisher?

Yes, Mr. Brooke thinks
Frobisher may have

hired a police officer
to commit a murder.

And you think David Connor
was the victim of that murder?

My fiance.

Last year, a detective
reached out to me

saying he had information
about David's death.

Detective Rick Messer. Yeah.

But then he was killed
in the line of duty

before I ever found
out what he knew.

What did Detective
Messer tell you?

He said he was worried there was
corruption in the department.

He thought there may
have been a cover-up

surrounding my fiance's murder.

Well, I pulled everything
the department had on Messer,

his entire history
with the NYPD.

It's a list of his
partners, his commendations,

closed cases, cases he
was still working on.

What, Ellen?

Messer's former partner.

I know this guy.

His name is Wes Krulik.

AUTOMATED VOICE: Record
your message after the tone.

Wes, it's Ellen.

I don't know where you are or
if this number still works, but,

I need to talk to you.

Mr. Shayes. The
first installment.

Now, prove yourself to me.

I spoke to my friend.
I can get you immunity.

Good.

Ellen, it's Tom.
We're in business.

Tom got this from
Leonard Winstone?

Yes. They made a deal.

What kind of deal?

Tom was the one who
leaked to the judge

that he was invested
with the Tobins.

He set up his own resignation?

He wanted the world to think
that he had cut ties with you

so he could make a
deal with Winstone.

And it worked.

Winstone's agreed to
turn against the Tobins.

Yeah, I'm staying
at a hotel tonight.

Yeah. Don't, don't
worry about me, Megan.

I love you, too. Good night.

[SIGHS]

Did you know Tom was planning
on approaching Winstone?

Yes.

But he was protecting you.

If it failed, he wanted
to take the fall alone.

Tommy. [GASPS]

Geez, man, what
are you doing here?

What were you doing meeting
with that guy from Thanksgiving?

That was nothing. It
was just, you know...

Don't worry about that.

It's cold out there.

Oh, well, stay here, stay here.

It's fine.

Thanks, Tommy.

I would think you'd be
impressed with him, Patty.

Tom's gonna win us this case.

[GASPS]

[GUN COCKING] [GASPS]

[GRUNTING]

[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 ♪