Damages (2007–2012): Season 3, Episode 4 - Don't Throw That at the Chicken - full transcript

Previously onDamages.

My sister's coming from Oregon.

Did something happen with Eddie?

He left me three weeks ago.

Silly, let me help.

I'll write you a
check. Thank you.

Mom, I'd like you to
meet Jill Burnham.

Why are you dating a child?

Michael, Jill is irresponsible
for letting you stay with her.

You're not interested
in college? Fine.

But you don't live here anymore.



Did you know my father was
sleeping with Danielle Marchetti?

We can't let Patty
Hewes subpoena her.

We gotta fly her out tonight.

Something's wrong.
Her nose is bleeding.

You put her on that
plane and she will die.

What'd the doctor say?
You're good to go.

They pulled Joe Tobin over.

Danielle Marchetti
was in the backseat.

I always knew the Tobins
were hiding something.

Now I know you're
helping them do it.

What's Danielle
Marchetti's prognosis?

She's out of the operating
room and in recovery.

The doctor said another 15
minutes, she would've been dead.

But the police believed
Joe Tobin's story



that he was on the
way to the hospital.

Well, that's bullshit.

Joe wanted her on that
plane to protect his father.

When will Danielle
be able to talk?

Could be a week, if there
are no complications.

That's too late. I want
to get her on record

before Louis Tobin
goes to prison.

Do you think Gates might be
willing to delay sentencing?

Call the D.A.'s office
now. Set up a meeting.

See if he'll see
me this morning.

So, Shayes drowned?

That's what the ME said.
Lungs were filled with water.

His body couldn't have
been in the water too long,

'cause there's no bloating.

Somebody must've pulled him out,
dragged him to the dumpster.

Maybe.

Someone smashes in
Miss Hewes' car,

then her law partner
turns up dead.

You think someone was
targeting them both?

What do you think, Milton?

I think we should ask her.

No, no. You're doing it again.

You gotta handle these sort
of things more delicately.

Sorry. No, it's okay.

She doesn't even know
Shayes is dead yet.

So, what do you want to do?

We tell her.

The conference room
is just over here.

Can we get you some coffee?

No, thanks.

Hey. Yeah?

What's Patty doing here?

We have a new witness
in the Tobin case.

Danielle Marchetti. She tried to
contact me and I missed her call.

Now she's in the hospital.

It could be a week before
Danielle Marchetti's able to talk.

So, we wait.

The problem is, Louis Tobin
is being sentenced tomorrow.

I want a chance to confront him

with what we know
about Miss Marchetti

before he goes to prison.

You're asking me to
delay his sentencing?

Just for a week.

This office is
already taking shit

for not having the
guy behind bars.

House arrest is not exactly
appeasing the masses.

The minute the judge
sentences Tobin,

he'll have no incentive to talk.

I want to get him on the record
while we still have a chance.

What makes you think
Danielle Marchetti

had anything to
do with the fraud?

Louis Tobin called
her on Thanksgiving,

the night he confessed
to the Ponzi scheme.

That's an interesting
little detail.

How long have you
been sitting on that?

I'm telling you now.

Our offices are supposed
to be cooperating.

Well, then let's cooperate.

Delay his sentencing and we
can both question him together.

All right, Patty, but I'm
not giving you a week.

You have one day.

And if Tobin doesn't give us
anything, he is going to jail.

See? Now we're cooperating.

Listen to me, Joe.

They're going to sentence
your father this week.

Do you understand
that? This is it.

They'll be sending him straight to
prison for the rest of his life.

He just wants to talk
to you before he goes.

Lenny, no.

Listen, Joe, at the house...

Did I smell alcohol
on your breath?

I don't know, did you?

Don't play games with me.

We're in this together,
and I'm worried about you.

I know your father is, too.

When the time comes, he's gonna
contact us about the money, yes?

Right.

Good.

There's nothing else
I need from him.

Where are you going?

To be with my wife and son.

Joe, tell me the truth.

Do we need to get you
back into a program?

Thanks for helping me out. Seriously.
I hate asking Mom for money.

I know.

It's just, you know,

with the baby and
Eddie taking off on me,

it just felt like the
walls were closing in.

I didn't have a choice.

Uh-huh.

I understand. It's a really
hard time for you right now.

I mean, of course, I hate taking
money from you, too, but...

Your check's really...
Really gonna help.

I canceled it.

Why?

I have a baby, Ellen.
I need that money.

I saw the drugs.

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

In your bag.

When I went to borrow
clothes upstairs.

Well, that must've been Eddie's.

You're telling me your husband walked
out on you, but left you his drugs.

You don't believe me?

I'm not doing drugs, Ellen.

Carrie, just talk to me.

I am, you're not listening.

I want to help you. I do, but I
need you to be honest with me.

Oh, okay, so now I'm a liar.

I swear, every time I
think we might be friends,

you just humiliate me again.

Carrie, wait.

I'm done trying.

How is Danielle?

Well, the surgeon's optimistic.

But she still has some
recovery time ahead of her.

Thank you.

For your help with this.

We go back too far, Lou.

You don't have to thank me.

Hmm.

You and Lenny.

The only friends I've got left.

I'll let you know her progress.

God damn it, Lenny,
what happened?

How does Joe hit
her with his car?

He was upset. It
was an accident.

Was he drinking?

'Cause this is exactly the kind
of shit that happens when he does.

You have to understand
that his life has been

turned upside down by this.

And he can't handle
it. He never could.

I never should've told
him about the money.

No, you had to. You had to.

I mean, he was gonna
go to the press.

You had to bring him onboard.

Can I rely on him anymore?

I mean, is he gonna
fall apart on me again?

I don't know.

Then bring him here.

I need to look him in the eye.

I already asked him to come.

He won't.

Then we'll have to consider
some other options.

I understand. He's Louis Tobin's
son. The whole world is watching.

Mr. Winstone,

it's in these kinds
of circumstances

that we've made our reputation.

In the past,

when Joe's fallen off the wagon,
he's disappeared for weeks.

His behavior gets
incredibly erratic.

Right now we think he's staying
with his in-laws upstate.

His wife and child
may be with him.

He'll never know we're there.

From now on, when we
need to contact you,

we'll use this.
Can't be traced.

If he drinks again,

you know what to do.

Hey, Mom.

Hello, Michael.

Well, I know we haven't spoken in
months, but I wanted to see you,

because Phil and I are
finalizing our divorce,

and I thought you
should know that.

Yeah. He told me. I was
very sorry to hear that.

You're in contact with him?

Absolutely.

I didn't know that.

He was a big help.

With what?

My job hunt.

Finding one without a college
degree was pretty tough.

I would think so.

You know me. What do
I know about business

or economics or anything?

So, Phil was great.

He taught me about
the stock market,

sent me in the right direction.

And you have a job?

Yeah. I'm not an
executive or anything,

it's entry level, but it's good,

and it's a start, and it's
something I did on my own.

Well, I'm proud of you. I'm
glad you're doing so well.

Thanks, Mom. Means a lot.

And, uh, how is Jill?

You were right about her.

What do you mean?

It was just a
phase. It's over.

Really?

She seemed lovely.

She was great, but it
just didn't work out.

I should probably get
back to the office, so...

Excuse me.

No, I got it.

Thank you, Michael.

My pleasure.

I'm sorry for your loss.

Was it a homicide?

We haven't been able
to confirm that.

So, you and Mr. Shayes were
partners in the same law firm.

Yes.

Was Mr. Shayes involved in any
particularly, uh, demanding cases?

We were in the middle
of the Tobin fraud.

Did you notice any
unusual behavior recently?

The last time I spoke to him...

Something was wrong.

Patty Hewes' office called.

The D.A.'s offering to
delay your sentencing

if you'll sit down
and talk with them.

Another deposition?

No, it's just an
interview. Less formal.

I'm sure they want to ask
you questions about Danielle.

What have you heard about Joe?

That he's still up
with Rachel's parents.

No real news.

If I agree to talk, how long
will they delay my sentencing?

I'm afraid it's just one day.

Even so.

One more day of freedom.

Maybe Joe will change
his mind, come see me.

So you'll talk with them?

I actually think it's a good
idea, Lou. Answer their questions.

You're the only one
who can put all this

Danielle Marchetti
business to rest.

Tell them I'll come in.

Hi, sweetie.

How was your appointment?

It was good.

How's it going?

I'm stuck.

This canvas isn't giving
me the right bounce.

Hmm.

You'll get it.

I got us a nice piece of fish.

Great.

I've been thinking. Maybe
it's time for me to get a job.

What about your painting?

I don't know.

De Kooning supported
himself as a housepainter

when he first came to America.

I don't think you're looking
at the next de Kooning.

What'd the doctor say?

We're doing great.

So, what's next?

It's time for a 3D ultrasound.

Wow.

Got a minute? Sure.

I'd like you to sit in on
the Louis Tobin interview.

I thought Chris was
working with you on that.

Chris screwed up with a witness.

He needs to take a
backseat for a while.

You in?

Yeah, okay.

Great.

This isn't about Chris.

I'm sorry?

It's about Patty Hewes.

You don't trust her. You want
me there to suss her out.

I... I thought your point
of view might be useful.

You should've just said so. I'd
be happy to give you my insight.

Your mom called.

She wants you to see your
dad before he goes to prison.

What'd you say?

I told her you didn't
want to see him.

Rach, he was having an affair.

How do you know?

He told me.

It was with a woman
I used to date.

Her name's Danielle Marchetti.
It was years before I met you.

Jesus.

And now he wants me
to say goodbye to him.

I need you to understand.

Nothing is more important
to me than you and Kevin.

It'll take some time, but...

I'm gonna make things right.
I'm gonna get our lives back.

There's a way out of this.

What are you talking about?

Just...

Don't give up on me.

There are visiting hours.
I'll see you every week.

What is it?

Joe is drinking again.

How do you know?

Lenny.

Why? He was doing so well.

Why?

Because he's my son. And
he hates me. Always has.

No. He always
wanted your respect.

The drinking, the dropping out of
college, everything he ever did.

He was trying to get
you to pay attention.

He tried to explain it
once. He was maybe 13, 14.

I didn't understand at the
time, but he said he...

He said he felt like a ghost.

You never saw him, Lou.

You never let him
be his own man.

I don't think so!

You got me!

Where are you? Kevin? Kevin!

Down here, Daddy!

I can't... Oh!

So, why do you have to
go back to the city?

I have some business to take
care of, but I'll be back.

I thought you didn't
have a job anymore.

I don't, but I still have
some responsibilities.

I want to try and fix
what your grandfather did.

When did you know
Grandpa was bad?

What? What do you mean?

Well, like, when you were a kid,
did he always do bad things?

Sometimes good people do
bad things, Kev. Thanks.

It's like when you misbehave,

and Mom and I get angry at you,
it's not 'cause you're bad.

It's just... You did something
wrong. We love you anyway.

Do you love Grandpa?

Yes. Absolutely. I love him.

Everybody loved him. He
was brilliant and funny.

Everybody wanted to be like him.

So, what happened?

I'm not sure.

I think he was just confused about
what he wanted his life to be,

so he made some
terrible mistakes.

Wow. Why?

Well, maybe because even
though he had everything,

he still felt bad about himself.

And people who feel bad about
themselves sometimes do bad things.

Know what I mean?

Yeah. Chicken. Chicken.

Wow. A chicken. Chicken.

Don't throw that at the chicken.

I won't.

He's still with
his wife and kid.

He left the property once to
pick up groceries, but that's it.

And the drinking?

He didn't buy any
alcohol in the store.

Then on the way back, he
passed a bar, but didn't stop.

Good.

Of course, he's
with his family now.

The real test will be when
he gets back to the city.

Okay. Thank you.

Look familiar?

Yes, except for that.

Welcome back.
A.D.A. Gates. Tom.

Hi. We're ready for you
in the conference room.

Great. Dig the new sign.

I wanted a sexier font,
but what are you gonna do?

How's Deb holding up?

Well, she's hanging in there. I just
really want to nail this asshole.

Mr. Tobin, you've met
A.D.A. Curtis Gates,

and this is my
partner, Tom Shayes.

Pleasure to meet you, Tom.

I'd like to ask you
about Thanksgiving night.

When you confessed
to your family.

Shortly after that confession, I'm
correct, you made a phone call?

Yes. I called
Danielle Marchetti.

What was the nature of your
relationship with Miss Marchetti?

It was an adult relationship.

Were you sleeping with her?

What is this, Oprah?

It's okay.

Danielle was simply a pathetic
old man's indiscretion.

Why did you call her that night?

Earlier that day, I had gone to
Danielle's apartment to say good-bye.

It turned out that I
left something behind.

Marilyn, I... My chest. I...

Where are your pills?

Where are your pills?
Where did you leave them?

My pocket. My phone.

Who should I call?

No. No, give it to me.

Are you calling Dr. Brandt?

That'll take too long.

I left my pills.
Please, bring them over.

I don't care. Leave
them in the lobby.

Just do it, Danielle!
God damn it, just do it.

Danielle Marchetti?

I'm sorry.

So, the call you made
to Miss Marchetti

was simply to
retrieve medication?

Yes. I needed my pills.

Danielle knew
nothing of the fraud?

Nothing.

Then I'm confused. Why help
her try to flee the country?

My wife loved and trusted
me for almost 50 years.

And in one night, she learned

that I wasn't
worthy of any of it.

I asked Danielle to leave

in order to avoid bringing
any more shame to my family.

Well,

I can certainly understand that.

You honestly believe you're
gonna get away with this.

Get away with what?

I've already confessed
every crime I committed.

I imagine it will
entail highly complex

money-laundering,
secret disbursements.

We agreed to the parameters
of this interview, Miss Hewes.

But when you're locked away,
who's gonna do it for you?

You're not listening to me.

Certainly not your attorney.

Mr. Winstone may facilitate
some things, but he's not blood.

You'd never allow him to step
into your shoes, so, who then?

Your 70-year-old wife? Your
twice-divorced mess of a daughter?

Miss Hewes, you're making
a fool of yourself now.

And God forbid that you'd
leave it to your son.

What about my son?

I read an interview
he once gave.

You really want to trust the
family fortune to a drunk?

Okay, we're done
here. Let's go, Louis.

There is no fortune.

I will find the money,
Mr. Tobin. Last chance.

Tell me where it is, and
I'll leave your family alone.

There we go.

What the hell was that?

Tobin's been asked about
that money a thousand times.

Did Patty really think he was
gonna tell her something new?

No, she knew Tobin wasn't
gonna tell her the truth.

Well, then why interview him?

She may be trying to
catch him in a lie.

By baiting him and
insulting his family?

That was just an act.

I think her main objective was
to convince both you and Winstone

she's got nothing else
on Danielle Marchetti.

I'm impressed with Gates.

Why?

He brought Ellen. He
wants her insight.

Into the case?

Into me.

You think Patty knows more?

I guarantee it. Danielle
Marchetti is the weak link.

She's the innocent caught up in the
scheme. That's who Patty goes after.

If you want my advice,
let her take the lead.

Why would I do that?

Because whatever the Tobins
are hiding, Patty will find it.

He's back in the city,
and he's drinking again.

Are you sure?

Yes, sir.

You have to be
100% certain here.

Oh, I am.

All right. Do you
want me to act now?

No. Stay on him.

Did I ever tell you what I wanted
to be as a boy back in Queens?

A cop.

Wanted to help people.

Fight the bad guys.

What did he say?

Joe's still drinking.

All right.

I've made my decision, Lenny.

Okay.

Do you think Mr. Shayes was
distressed about the Tobin case?

He wouldn't tell me what it was.

Patty, I can't talk right now.

Where are you?
Oh, God damn it!

Tell me what's going on.

Nothing is going on.

Tom, we have to talk.

Tom?

Tom?

Patty, I gotta go.

So he just hung up on you?

Yes.

You've had no contact with
Mr. Shayes since that phone call?

I didn't hear from him again.

Hello? Are you alone?

Excuse me?

What do you figure
they'll give me?

Hundred and fifty?
Two-hundred years?

Mr. Tobin?

I guess the good news is, I
won't serve the full term.

My son decided not to see me
on my last night of freedom.

Well, if you're looking
to repent, Mr. Tobin,

just tell me where the money is.

I'm not a good father.

And I'm not a psychiatrist.

You're the only person I
could think of to talk to.

Maybe it's because you have
a son. Do you trust him?

You better get some sleep.
You have a big day tomorrow.

Does your son trust you?

Good night, Mr. Tobin.

I just want Joe to stop bashing
his head against the wall.

Mr. Tobin?

Yes?

I think he may be
turning over a new leaf.

Looks like he's staying
away from the stuff.

I'm ready, Karl.

Well, keep an eye
on him, will you?

I want to make sure he
stays out of trouble.

Thanks for coming.

I didn't know if you'd take
me up on my invitation.

I told you, Patty, if you
wanted to talk just to call me.

Did you have a good dinner with
your family the other night?

Oh, it was interesting.

I met my sister's baby
for the first time.

Oh! Wonderful.

So, how's Michael doing, anyway?

He seems to be doing
quite well without me.

Well, that would make sense. You
always said you were a terrible mother.

Oh...

Why haven't you told Gates everything
you know about Danielle Marchetti?

Let's not talk business.

Isn't that why I'm here?

Seducing me with bourbon...

You want an ally in
the D.A.'s office.

Believe it or not, Ellen,
I just want your company.

You need to learn
to let go of work.

I'm probably gonna
have to ask you to

stay available for
the next few days.

And we're probably
gonna have to talk

to the other employees as well.

Tom was like family
to me, Detective.

I'll help in any way I can.

No. No! No! I
don't understand!

I told you not to
go through with it!

I told you to stop! I told
you! I told you to stop!