Damages (2007–2012): Season 3, Episode 2 - The Dog Is Happier Without Her - full transcript

Having been told by his father that some money from investors has been hidden for the family's use, Joe Tobin struggles with whether he should tell Patty Hewes or conspire with his father. Tom Shayes tracks the telephone number given

Previously onDamages.

How long have you
been with me now?

Almost 11 years.

It's time to put your
name on the door.

We're doing everything we
can to recover your funds.

This follows
Mr. Tobin's confession

to operating the
largest Ponzi scheme

in Wall Street history.

You're working
Narcotics at the DA?

Patty can go after the money.

Chris here is going to put the
whole Tobin family behind bars.



When was the last time you
spoke to Patty, anyway?

Almost a year ago.

$70 billion went through
your husband's fund.

He didn't tuck some of
that away for the family?

I need you to tell me
everything you know.

Thanksgiving night?
Who did he call?

You want the
truth? Here it is.

If I give you this number,

I want you to tell the
DA that I cooperated.

My father didn't hide any money.
The man left us with nothing.

We've got money, Joe. What?

We do. It's out there.

How much money?

Enough for generations.



The whole world is watching
us. We could never spend it.

It'll take some time,
but there is a way.

I've made arrangements.

When the time comes, someone
will let you know what to do.

Or I could go to
Patty Hewes now,

tell her it's out there
and clear my name.

I took a shit on our name.

I'm not proud of it,
but it's done forever.

Dad, why did you do it?

There's no good answer, Joe.

I'm sorry.

I'm sorry, too.

Think about it. How are you going
to take care of your family?

Even if you go to Patty Hewes,
who's going to give you a job?

Who's ever going to trust you?

You have to decide. Your
family or Patty Hewes.

Yeah, hello?

Hello? Who is this?

This is Patty
Hewes. Who's this?

Sorry to keep you waiting.

Well, the Welshman's back.

Yeah, just got a
few more questions.

Do you know this man?

Let's see. Item
4, the apartment.

Appraised value as of
last year, $9.6 million.

My client is willing
to buy it out at 80%.

We're sorry, but the
apartment is not negotiable.

All right, we'll
table it for now.

Hold on.

We've been stuck on the
apartment for seven months.

There must be some way
we can settle this.

We already have.
I'm not selling.

I think the issue here is that
my client doesn't think of this

as just another asset.

This is her home. "Her home"?

Your client doesn't
know what a home is.

Obviously, the emotions are
still raw on this point.

Perhaps we could
table this for later.

Were you hoping to invite David
Pell to another dinner party?

Half of Wall Street wanted Dave
Pell at their dinner parties.

Well, now that he's
a convicted felon,

I suppose your girlfriend is
your favorite dinner partner.

You know what? I think
it's time to take a break.

You really want to
start throwing stones?

I have nothing to hide.

Really? I wish I'd had a chance
to ask Ray Fiske about that.

You are not getting
the apartment.

I think we're done here today.

You better believe we're done.

Yeah, Tom?

I found our mystery
phone-call recipient.

Is he willing to talk?

For a price.

What does he want?

A hot lunch.

There's money out there?

That's what he said.

Did you know about this before?

Of course not.

I just can't understand
why he did it.

Well, he's a good man. He just
got caught up in something.

I don't know what to do, Lenny.

Joe, your father's
going to go to jail.

There's nothing I
can do to stop that.

So you, your mother, Carol,

you're my priority
now. Whatever you need,

whatever decision you make,
you have my full support.

I want to tell the truth.

Help Patty Hewes get the
money back for the investors.

Well, then, we'll set it up.

What about my mom?
How's she gonna live?

I don't know.

If I keep it and get
caught, I go to prison.

Yes? Thanks, Liz.
It's for you.

Who is it?

It's your wife.

Hello? Hey. What?

Slow down, honey.
Rachel, I can't...

When?

I'll be right there.
We'll be right there.

What's going on? They
just seized our apartment.

Listen, this dump
site better exist.

You're not getting your
50 if you're playing me.

Hey, I didn't get where
I am by being dishonest,

and it's not a dump site.

It's a dumpster.

You can't tell your
friends about this place.

It's a gold mine.

This is where you
found the phone?

Not just a phone. Clothes,
cigarettes, two suitcases,

lemon reamer.

It's empty.

Well, sure, now it is, but I
get new inventory all the time.

Look at this.

Those look sharp.

What do you... What do you
say I buy these off of you?

No, dude. Those are special.

Very special.

Come on. What do you say?

Nah, I already
got the 50 coming.

All right, what
are you thinking?

Nice watch.

Are you serious?

Sorry to bother you. I need the
CPL. Just looking for a new code.

You're a breath of fresh air.

I just spent the last two hours
going through a list of names

before I realized that it
was the exact same list

I went through yesterday.

What are you looking for?

Potential witnesses,
Tobin associates,

investors, anyone that can
link the family to the fraud.

Looks like you got your
work cut out for you.

Yeah, I do.

And you know what I
would like when I'm done?

A beer.

Really? Mmm.

Well, you enjoy that.

You're missing the point. I
want to drink it with you.

No, I got the point.

They put yellow stickers
on all the furniture.

They said we have
24 hours to get out.

Who was there?

I don't know. Policemen.

Now, hold that. Now...

I won't let things
get any worse for him.

I'm taking him to my parents.

No. No, you're not.

Yes, I am. We're better
off on our own right now,

away from your family. That's
not your decision to make.

I don't want him in this chaos.

It's not safe, it's not healthy.

I will find a place to live. I
will make things normal again.

Joe,

you actually think this
will blow over someday?

You know what your family's
name means in this world.

You are his son. You
will always be his son.

You cannot change that.

Come on. Come say goodbye.

Let's try this again.
Do you know this man?

Yeah, sure, that's
Tommy. He's a good egg.

I helped him, he helped me.

"Helped"? How?

Well, that's not
for publication.

Oh, so you're keeping secrets?

Girls have secrets.
Men have honor.

You left Tommy in the
dumpster, didn't you?

Louis Tobin's boots.

Where did you get those?

Our residentially-challenged
friend found them

in the same dumpster
he found the phone.

I guess someone was anxious
to get rid of Tobin's things.

Well, how do you know
they belong to Tobin?

I traced the label.
They were custom-made

at an Upper East Side boutique.

Louis Kenneth Tobin. The
saleswoman said he also ordered

thousands of dollars' worth
of women's clothing there.

For his wife?

I don't think so.

He ordered a $2,000 shearling
coat a few months back.

These were the initials
he wanted on it.

"D.M.M."

Which, incidentally, does
not stand for Marilyn Tobin.

You think he had another
woman in his life.

Yeah, I do, and she may have
been important enough to call

the night his life
was falling apart.

Come on, you gotta eat
something, all right?

Oh, come on. You've
got this tummy ache.

What's going on?

Don't feel well?

Thanks for coming.

Hmm.

Can I get you
anything? Coffee?

No, no. I told you,
I have a meeting.

I remember when I
first found this place.

Building was a shithole.

Yes, but I made
you buy it anyway.

And then you hardly
ever lived here.

Where's the dog, Patty?

Right here.

Hey, buddy. Hey.
How's my buddy?

The vet doesn't think there's
anything wrong with him.

He thinks it's emotional.

I don't think it's
another infection.

Yeah, but he has the same
loss of appetite, no energy.

Well, you can try the
antibiotics again,

but I don't think it's
worth the side effects.

Let me know if it gets
any worse. All right.

Good boy.

Phil, with this new case, I'm
not going to be here much,

and I really don't feel good
about leaving him alone.

I'm busy, too.

Yeah, but you're the only
other person he responds to.

I really don't think he should
be left alone right now.

All right, fine.
A couple of days.

Great. Thanks.

Hello, Joe. Hey.

I know. I know. It's
been a couple of weeks.

It's not a good time to
be missing meetings, Joe.

Go back in the room.
I know. I know,

but I'm dealing with some
other shit right now, so...

What kind of shit?

It's just not something
I can talk about.

Don't come here and keep secrets.
If you're going to talk to me,

have some respect. All
right, but this is different.

There's legal reasons, and...

"Legal reasons"?

Okay.

All right, listen,

I have to make a decision.

Are you going to have a
drink to help you make it?

No.

So tell me about your decision.

I don't know. It's going to
sound like a stupid riddle.

Say you're in a lifeboat,

and it's full of people
with not enough food.

Who do you feed?

Your wife, your
neighbor, the priest?

I would not feed the priest.

I know.

I mean, what are
you supposed to do?

Give up your life for
people you don't know?

What is important to you?
What matters most to you?

Is it family? Integrity?

My family.

Well, then, you
have your answer.

If family's the most
important, then choose family.

You're only as happy as
your saddest child, Joe.

Roger, could you check
your investor data?

I'm looking for someone
with the initials D.M.M.

I think it's a woman.

D.M.M. Yeah, sure.

Thanks.

Tom, I...

Uh...

I'm sorry. I don't
know how to say this.

Say what?

Don't tell Patty about this.

What'd you find out?

Guy's wife ID-ed his
body. R. Thomas Shayes.

Same guy who owned the
car that hit Ms. Hewes.

Yeah, they're partners
in a law firm.

Oh, boy. Think she had
anything to do with this?

I don't know.

Why didn't you tell me you
were going to seize my home?

Are you surprised? We're not
in this together, you know.

I helped you. I brought
you information,

and then you take my apartment?

Thousands of people
lost everything

because of your father's fraud.

Your apartment was purchased
with proceeds from that fraud.

How else am I going to
start paying them back?

All right, if...

If I can get you
more information,

would you be willing to help me?

Well, what kind of information?

Once my father goes to prison,
Ms. Hewes, you hit a wall.

He will not give you anything.

Whereas you'll
still have access.

He trusts me. Maybe I
can get you some details,

but if I do, I want
something in return.

What's that?

Unfreeze my assets.

I have a family, Ms. Hewes,
and I'm going to lose them.

I'm not here to make a deal.

No one's connected you
to your father yet,

so maybe you didn't
know what was going on,

but when I look at you,
all I see is guilt.

Well, you're wrong.

Look at the life your
family was living.

You must have known it
was too good to be true.

If you're as close to your
father as you say you are,

you must have known, deep
down, what he was capable of.

I have nothing to
offer you, Mr. Tobin.

Whether you clear your conscience
or not, that's up to you.

You okay?

Yeah, yeah, yeah. Just...

Charlie's, you know, not
sleeping like a 10-month-old.

Have we found the other
woman in Tobin's life yet?

There's no one with
the initials D.M.M.

in Tobin's extended family,

she's not a former employee,

she doesn't hold any
investment accounts

and she's not associated with
any financial institution.

I'm afraid I've hit a wall.

So D.M.M. doesn't
show up anywhere?

I'm sorry. I know
this is our only lead.

Figure it out, Tom.

This bag I found in
your shopping cart,

you're going to tell
me where you got this.

I can't really say.

I find a lot of things in
a lot of different places.

And then tell me about this.

We found that in the bag.

You know this woman?

Yeah, I seen her. She's the
one you should be looking for.

Yeah, why's that?

Her and Tommy, they
had a thing going on.

Hey. Twice in two
weeks. You must miss me.

Coffee, black. Okay.

You?

Milk and sugar, thanks.

Okay, sure.

What's up?

I need your help.

Sure, what do you need?

It's about the Tobin case.

You know I can't
help you with that.

Sure, you can.

Interjurisdictional cooperation.

I'm not even working
the Tobin case.

I'm sure you know someone
in your office who is.

Are you really asking me this?

Yeah.

Why doesn't Patty
just call the DA?

I'm sure he'd be
happy to cooperate.

Come on, you know they
have competing agendas.

We tip you guys off, you're
not going to wait for us

to get what we want.

You'll start pursuing it.

That'll scare our target off.

"D.M.M." What's that?

Initials.

So you want to find
who they belong to.

How do I even do
that? We're limited

to finance-related information.

Your office has a broader scope.

That name has got to
be in there somewhere.

Tom, I left Hewes &
Associates for a reason.

Look, the DA, he wants to
put the Tobins away, right?

They want to put them in jail?

Fine, let him do
it, that's his job.

But if he locks them up now,

the victims are not going
to get their money back.

I'm sorry, Tom, I can't.

Ellen, I'm not just
asking as a friend.

What do you mean?

Fetch.

Good, good. Good.

I thought you
weren't a dog person.

I wasn't, but look
how happy he is.

He likes you.

Look, fetch!

We should keep him.

Oh, yeah, sure. What?

Yeah, we could do that, if
we want Patty to hunt us down

and use us for ground chuck.

Patty asked you to take him.
She's basically admitting it.

The dog is happier without her.

I don't think that's
why Patty asked me.

Why, then? Another
manipulation?

You think she's trying
to soften you up

so you'll give
her the apartment?

Maybe.

Even if she is, the
dog is yours, too.

Fetch.

I've seen the way you've
been the past few days.

You're more relaxed
with Corey around.

All right, all right,
maybe I'll ask Patty.

Take a stand, Phil.
Just tell her.

You're keeping the dog.

I want the money.

Good.

Who else knows about it?

No one.

Mom doesn't know?

Just you and me.

No, I told Lenny.

He's the one person I trust.

Listen, I need for this to be
done in a certain way, so...

I don't want to know anything.

I don't want to know
details about the fraud,

I don't want to know
where the money is,

I don't want to know
where you're hiding it,

so I can deny everything.

That's how it should be.

From today on, we don't
speak to each other again

until we can safely
access the money.

When that day comes, you
contact me through Lenny

and we have another
conversation.

Okay.

I'll learn the relevant details,

and I'll decide how to
begin doling it out.

Promise me you'll
take care of everyone.

I'm not doing this for me, Dad.

Thanks, Joe.

Don't thank me.

There's still another issue.

Mom gave me the phone number
you called on Thanksgiving.

I gave it to Patty Hewes.

What, is that a problem?

No, no. No, it's okay.
That can't hurt us.

You sure?

Yeah, I'm sure.

But, Joe, I should
tell you who I phoned.

No, I just told you.

Whatever you did, you
keep me out of it.

I don't want to know.

So, this is why you agreed
to come out with me.

I wouldn't ask if
it wasn't important.

It's for a friend.

You really think you're
going to be able to find

whatever it is you're looking
for in all that paperwork?

Maybe not, but if you could
at least let me have a look...

This guy must be a
very good friend.

I owe him.

He doesn't happen to work
for Patty Hewes, does he?

Look, Nick, our office is supposed
to be cooperating with hers.

Yeah, tell that to Gates.

He's paranoid she's going to
screw up his criminal case.

I don't care about their ego battle.
I just want to help a friend.

And if I need some info
from this friend someday...

I'm sure he'll be very grateful.

This can't get back to me.

Never. I swear.

All right. All right.
I'll let you take a look.

Thanks. Thank you.

Did you talk to the girl?

Unfortunately for you,

we haven't been able to
get in touch with her.

What's up?

NYPD say possible homicide.

Tom Shayes.

You know him, don't you?

Ellen.

Ellen, you okay?

This came for you.

What, are you making
deliveries now?

It's from the District
Attorney's office.

You planning on entering
the civil service?

You went to Ellen, didn't you?

I'm sorry. I wasn't
getting anywhere.

Don't apologize.
Why not use Ellen?

She come through for you?

She did. D.M.M.

Danielle Maria Marchetti.

Let's have another
chat with Joe Tobin.

Thank you for coming to see us.

Anything I can do to help.

Do you know a
Danielle Marchetti?

No.

Why? Should I?

Well, in the past year and a
half, your father purchased

$14,000 worth of clothes
for Miss Marchetti.

What?

Who is she?

Well, that's what
we'd like to know.

We believe that she's the person your
father called on Thanksgiving night.

You think she's connected
to the fraud somehow?

We're looking into that.

Miss Marchetti was the
receptionist at the health club

where your father played squash.

Oh.

Is that all you know about her?

I'm afraid so.

Mr. Tobin, are you sure

there's nothing else
that you can tell us?

No. No, I'm sorry. I...

I wish there was.

Hey, Tom.

Hey. Ellen.

I wanted to see how you were.

I'm still kind of reeling,
but thank you for your help.

Sure. I just... I can't
believe this happened.

Yeah, neither can I.

Did you tell Patty yet?

No, she'll pull me from the case

if she thinks I'm on
a personal vendetta.

The name I got you, did it help?

Yeah, thank you. It
could be a big break.

Did you find her?

Look, I'm sorry.

I don't mean to be rude,
but I have to get going.

Well, where are you headed?

I've gotta tell my wife
that we've lost everything.

But that's not what our
broker statement says.

No, but the next one will.

I don't understand. We never
invested with Louis Tobin.

No, but we were heavily invested
with Leverett Investments.

Leverett is a feeder
fund to Tobin.

I don't know what
that means. What...

It means that we gave
our money to Leverett,

and Leverett gave it to Tobin.

You never told me that.

I didn't know, okay? Legally,
they're not required to tell us.

How is that possible?

How? I don't know. I
don't know, you know?

Two decades of deregulation

and the SEC having
its head up its ass.

I don't know!

Tom, you told my parents
to invest in Leverett.

You helped them
get into the fund.

I helped my parents
get into the fund!

And my cousins and my aunts
and my uncles and everybody!

You said it was a sure thing.

Everybody in New
York wanted in, okay?

Jesus, why do you think
I put our funds in there?

Hey, Mom, I need this
form signed for school.

Megan, we're talking.
Can't you see that?

Shut the door.

Do not take it out on her.

What are we gonna do?

I'm so sorry, Deb.

I know this is a horrible time,
but I really need to know.

Who else knew about Tom and me?

Come in.

Look who's home.

Corey! Corey, come here, boy.

Come here. Come here.

Good boy! Come
here. Oh, good dog.

You're a miracle worker.

Nothing a little
TLC couldn't fix.

I love seeing you again.

He really took to my new place,

or maybe it was just
being around my things.

Oh, speaking of which,

I've been going
through the apartment,

getting rid of junk.

I found this in a cabinet.
Didn't know if it was yours.

You don't remember, do you?

What?

I brought this back from Paris.
It was a gift from Mitterrand.

We were going to save this
for a very big occasion.

What kind of an occasion?

You and I were going to drink this
when Michael got into college.

So much for that.

Mmm.

Keep it.

Well, I'll never drink it.

Well, I don't want it.

It would feel wrong to
drink it with anybody else.

Okay. I'll just toss it.

No, no, no, no.

Don't you dare.

So, they know about Danielle.

Were you sleeping with her?

Huh?

Were you sleeping with her?

Don't answer. I don't want to
hear any more of your lies.

I'm ashamed.

You should be.

I never meant for any
of this to happen.

You know, I think back...
Everything you ever said to me,

everything you've ever done,
everything you ever were...

I'm sorry.

You're sorry?

Danielle's not somewhere Patty
Hewes can find her, is she?

Huh?

What? Did you put her up somewhere?
Did you buy her an apartment?

Joe. Where is she?

Where is she?

Patty will never find her.

Where is she?

She's staying at your
sister's old place.

Uh-huh.

And you're sure she doesn't
know about the money?

She knows nothing.

Good.

What happened?

Patty Hewes told
him about Danielle.

How'd he take it?

Not good.

Talk to him the way
you do, will you?

Get him to calm down.

I will.

We can't let Patty
Hewes subpoena her.

What do you want me to do?

Get her out of the country.

You thinking of remodeling?

Yeah, it's been so long and I'm
just tired of all this stuff.

Well, it's not yours to remodel.

The apartment is
still in our name.

What are you going
to do? Sue me?

Oh! That's what I like about
you. You're always so tough.

You never back down.
I hate a weak woman.

Well, that's all
about your mother.

Oh, yes.

You know what?
Take the apartment.

You're drunk.

No. Yes, I am, but I mean it.

You're at home here.

It's not the four walls
that were home to me.

It was you and it was Michael,
and... And now that...

There's no point anymore.

So, take it. Take it.

Take it.

Well, thank you, Phil.

Sure.

But, you know, having
spent some time with Corey

got me thinking that there's
something that I'd like in exchange.

What's that?

Would you be willing to consider

giving us another shot?

What? That's funny?

I mean, come on.
Why not? I mean,

you and I made a
damn good couple.

We had a great life
together. Didn't we?

You're serious.

Yes.

Yes.

What?

God, Phil. I mean,
what's the point?

Michael's out of the house
and you were a great father,

but I don't need you anymore.

And I certainly don't want you.

If you're really looking
for companionship,

I can give you the name
of a great breeder.

Hello, Danielle.

I don't think your father
would want you here.

Joe, Joe! I'm
sure he wouldn't.

Wow.

What are you doing?

What do you want?

What do I want?

I want to know.

All right, Joe, seriously,
you need to leave.

How did it all start, Danielle?

Was it the old Tobin charm or...

Get out. Did he
throw money at you

right away? Get out!

Jesus Christ, that's
beautiful. When was this taken?

This is adorable.

How long has it been
going on, Danielle? Hmm?

I'm calling the
police. How long?

How long?

Do you really want me
to give them your name?

How long?

Hang up. Hang up. Hang up!

I'm leaving. I'm leaving.

Glad everything
worked out for you.

You were right. Joe
Tobin was lying to us.

You confirmed it?

Your contact at the State
Department got back to me.

Danielle Marchetti applied
for an expedited passport.

So, Joe must have tipped off
his father that we're onto her.

Yeah, and the
passport came through.

If we don't find Marchetti,

she's going to be able
to travel tonight.

Cassie?

God damn it!

We've got more on Tom Shayes.

The ME sent over his
preliminary report.

Three wounds. One
on the left thigh,

two on the lower right abdomen.

They have a read on the weapon?

Not yet.

So, what? Was his
femoral artery hit?

That's the thing, Vic. None
of these wounds were fatal.

There was no organ damage,
no severed arteries.

Okay. Then what killed him?

He drowned.