Damages (2007–2012): Season 3, Episode 5 - It's Not My Birthday - full transcript

Previously onDamages.

I heard you were looking for me.

Josh?

Can we talk somewhere safe?

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

I will find the
money, Mr. Tobin.

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

There is no fortune.

I want the money.

Good.

They're going to sentence
your father this week.



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

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

Right.

What's Danielle
Marchetti's prognosis?

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

Joe wanted her on that
plane to protect his father.

What makes you think
Danielle Marchetti

had anything to
do with the fraud?

Louis Tobin called her on the night
he confessed to the Ponzi scheme.

I'm ready, Karl.

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

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

Tom, I'm running a little late,

so don't have the staff
meeting without me.



Happy birthday.

It's not my birthday.

Sure it is.

What's it doing here?

I thought you wanted one.

Did I?

That's all you ever wanted.

This is gonna be your
best birthday ever.

Careful.

She's a big responsibility.

I know.

Are you sure it's what you want?

Yes.

Can I keep her?

Can I keep her?

You're gonna have to
wash your feet first.

Somebody should say something.

Daddy never judged.

He treated everyone the same.

When Lenny first
started working for him,

when Daddy brought you
home for the first time,

I remember he said to
me, "Lenny's family now."

Just like that.

Dad was too generous.

All he ever tried to do was
to give people what they want.

That's true.

It was his flaw.

He wasn't greedy,
and he wasn't evil.

Those investors knew
what he was doing,

and it was exactly what
they wanted him to do.

But he paid the price for them.

They should be
underground, not him.

Carol. Carol.

It's the truth.

Honey.

I miss you, Daddy. I love you.

It's okay, sweetie.

So, all this stuff's
going up for auction?

We're selling off everything
in Tobin's apartment.

The proceeds go to the victims.

Are you sure you guys
don't want a muffin?

No, I'm good.

So, talk to me
about the ME report.

You really believe Louis Tobin's
death was a heart attack?

Do you?

Me?

Mmm.

Pretty convenient.

Guy dies the night before he's going
to jail for the rest of his life.

Robs his victims of
their moment of justice.

All we got now are
his wife and children.

If you want to connect
them to the fraud,

you're gonna have to
depose Danielle Marchetti.

The doctors say Miss
Marchetti will be released

from the hospital tomorrow.

In the spirit of cooperation,

why don't we talk
to her together?

Okay, but first,

why don't you tell me
everything you've got on her?

I already have.

Well, Patty, you
withheld your knowledge

that Louis Tobin called Miss
Marchetti on Thanksgiving.

Yes, and I was wrong
and I apologize,

so why don't we just start over?

Why don't you lead
the questioning?

And we'll depose her together.

Okay, fine, let's
depose her together.

Did my father tell you he
was gonna kill himself?

I just want to know
the truth, Lenny.

He did.

He would have told you, but you didn't
come see him like he asked you to.

He couldn't face spending the
rest of his life in prison.

Did you know Dad was going
to leave this behind?

What is it?

It explains where the money
is, and how to get it back.

He left this for Patty Hewes?

With a very nice letter.

He says he's coming clean for
me, to free me of his legacy.

I had no idea about any of this.

Well, it's a fascinating read.

Now I know why he was trying

to get Danielle
out of the country.

She knows where the money is?

No, but she knows enough.

He says you don't know
where it is, either.

He only told me that
someone would contact me

when it was safe to retrieve it.

He didn't say who.

There's a name in there, a
few times. Stuart Zedeck.

He helped Dad with
the money somehow.

Stuart Zedeck.

Zedeck, do you know him?

I don't know, your father
mentioned him a couple times.

I just assumed he
was an investor.

Well, he's more than that.

I want to meet him.

Okay, I'll see if
I can set it up.

No, set it up.

Listen, will you set up a
meeting with Judge Reilly?

Sure, what for?

I don't believe
Patty for a second.

We have to talk to
Danielle before she does.

Okay.

You don't really want
Gates to take the lead

in Danielle's
deposition, do you?

No. He'll only fumble
any shot we have

of getting information from her.

We have to get to
Danielle before he does.

Right.

Oh, hey, it's your birthday
this weekend, right?

What are you doing?

I haven't thought about it.

Come on, you gotta do something.

Gates brought Ellen
with him again.

Why haven't you interviewed
any possible associates?

I've been reading resumes.

And?

And there's only one
candidate who seems promising.

Man or woman? Woman.

Oh, Jesus.

Does every woman go to
law school these days?

Her name is Alex Benjamin.

Okay. Bring her in.

I'm sorry for your loss.

Was it a homicide?

We haven't been able
to confirm that.

Alex Benjamin?
Welcome. Tom Shayes.

Mr. Shayes, it's a pleasure.

Right. Oh, this way.

It's best not to go into an
interview with Patty cold.

Most likely she'll grill you on
precedents regarding our current case,

but any topic is fair game.

Constitutional law,
torts, contracts...

Not a problem. Good.

Patty's not looking to see
how you handle the facts,

she's looking to see
how you handle yourself.

Got it.

No, you don't.

When it comes to reading people,

she's got the sharpest
bullshit meter

you've ever seen.

I understand. I think
I can handle it.

Good. All right, we'll set
up a meeting with Patty.

Anytime, anyplace.
You name it.

Anytime?

What if the meeting were to take
place during your sister's wedding?

I'd miss the wedding.

I'm sorry, ma'am. You're not
allowed in to see Miss Marchetti.

I'm the court-appointed
trustee in the Tobin case.

My office subpoenaed
Miss Marchetti.

I'm sorry. I have my orders.

Afternoon, Patty.

Your access has been suspended.

I thought we were going
to talk to her together.

Then what are you
doing here without me?

The judge has granted
me sole access.

On what grounds?

You withheld evidence, Patty.

Next time, don't keep
information from me.

Excuse me.

I'm Curtis Gates, Investigative
Division, District Attorney's Office.

What do you want?

The night you were going
to leave the country,

you left a message
with our office.

No, that was a mistake.

We know you're scared, Danielle.

We also know about your
relationship with Louis Tobin.

But we're not interested
in prosecuting you.

All we want is the family.

We're prepared to
offer you immunity.

If I do what?

Go on the record. Tell
us everything you know.

Deal's off the
table in 48 hours.

Think about it, Danielle.

You'll be out of the hospital
soon. We can help you.

Someone videoed Dad's
funeral and put it online.

What?

They show us standing
at the grave site.

I mean, they were there,

just hiding in the cemetery
while we were burying him.

It's disgusting.

He's dead.

They won't stop attacking him.

Carol, calm down.

Why are we here, Joe?

Because you deserve
to know the truth.

Carol, the autopsy was wrong.

He didn't die of a heart attack.

What do you mean?

The night he died, I
went to the apartment.

I found that on the coffee
table near his body.

What is this?

I called Dr. Brandt.

He made the mix for Dad.
So it would be painless.

No. Daddy would never do that.

Honey.

I'm sorry, he did. He did.

He ended his own life.

Listen. Listen.

Listen.

You... We have to stop
blaming everyone else.

He did this to himself. Okay?

Carol, he did it to himself.

Is everything okay?

There's no reason to be anxious.

Have you ever done this before?

Many times.

Well, then, tell
me what you like.

I want you inside me.

My father died.

Oh.

He wasn't my real father.

He was closer than
my real father.

And he was a friend.

I'm so sorry.

Can I put my head in your lap?

Yes.

- Hey, morning.
- Morning.

Hey.

There's a guy waiting for
you in the conference room.

Says he's a friend of yours.
Knew you a while back.

Friend of mine?

That's what he said.

Did he say his name was Wes?

I'm not sure.

Hi. Can I help you?

Hey. Ellen.

Hey. Josh Reston.

Goodness. Long time.

I think the last time we spoke,

you were down in West
Virginia, busting Big Coal.

What are you doing in New York?

Well, I've only been
here a couple weeks.

I just got a job reporting crime

at the Manhattan Observer.

Congratulations. Sit, sit.

Thanks. It's just a start.

But I remembered you
from the UNR case.

What can I do for you?

Well, when I heard that you
were here at the D.A.'s office,

I thought that we could
help each other out.

You want tips on stories.

I thought I'd ask.

You know, I just
read that Joe Tobin

got pulled over for
a broken taillight.

You want to know
about the Tobin case.

Well, I know it's a lot to ask,

but what I'd really like is an
anonymous source at the D.A.'s office.

You know, strictly confidential.

And if I could ever help you,
it would be a two-way street.

Interesting.

I'll think about it.

Yeah, well, no
worries either way.

Yeah, and I
appreciate your time.

It was nice seeing you.

Yeah, you too.

Thanks for stopping by.

Go over everything carefully.

This will be your last
opportunity before auction.

That's the floor
shaking with laughter.

They're selling off everything.

Happy Thanksgiving.
I love you all.

Cheers.

You can take personal effects
of sentimental value only.

Anything appraised over
$20 will go to auction.

$20?

That's right.

Excuse me. What's up?

These are Dad's teacups.

I can't do this. It's
okay, sweetheart.

They're taking away
everything that's left of him.

Carol.

Mom, just let her go.

I want all the pictures.

We can get you the photos,
but not the frames.

And I want these.

I'm sorry, ma'am. Those
are priced for auction.

You said anything
personal or sentimental.

These are my
grandson's favorites.

These are very personal to me.

Mrs. Tobin got
those in Tanzania.

Her charitable foundation
treated sick children.

She can't have them.

Jesus, just give them to her.

No, there's nothing I can do.

Okay, you know what? Here.

Here's the money for them, okay?

They go to the highest bidder.

I will contest this.

I just got a call.
Mr. Zedeck will meet with us.

Good.

Hey.

I just wanted to tell
you that I love you.

I can't believe it.
Gates blocked you out?

Can't you appeal to the judge?

Judge Reilly owes his
appointment to the D.A.

He'll never side with me.

You getting anywhere
with Louis Tobin's will?

Tobin left all his money
in trusts for his family.

Marilyn, Joe, Carol
and the grandson.

But before the Ponzi
scheme unraveled,

he had a different
will drawn up.

It has an additional
trust in it.

For whom? Danielle Marchetti?

I don't think so.

See, it's a blind trust
administered by a guardian,

which often means that the trust
has been set up for a minor.

Let's talk to
Marilyn Tobin again.

Christ, it's freezing!

You sure this is the place?

I'm Leonard Winstone.
This is Joe Tobin.

My condolences. Your
father was a brilliant man.

Thank you.

So, we appreciate
you meeting with us,

and we'd like to start
making transactions.

I'm afraid that's not possible.

What? Why not?

Because Mr. Zedeck is no longer
comfortable with the arrangement.

Wait a second, you're
not Stuart Zedeck?

I'm his associate.

Okay, let's go. Come on.

What the hell does that mean?

He's... Zedeck's not comfortable
with the arrangement?

Well, he's concerned
that the climate

is no longer safe for
him to conduct business.

It's our money, asshole.
It belongs to my family.

Your father agreed to
terms with Mr. Zedeck.

Somebody in your family
breached those terms.

Who? That's bullshit.

Is it?

Then how come the authorities
know about Danielle Marchetti?

It doesn't matter. She
won't be a problem.

Miss Marchetti is
already a problem,

and as long as she remains one,

Mr. Zedeck is
unable to administer

any transaction on your behalf.

Look...

That's it. That's it.

What do you want to do?

I'll take care of Danielle.

Princeton, Yale Law.

Sterling recommendations.

Is that all?

Is what all?

You're efficient and
you're competent.

And you're bored.

What is the one
thing that you would

never want me to know about you?

When I was a 2L, I got
rejected by Law Review.

Then I found out that
my faculty adviser

who taught the law
advocacy workshop

had blackballed me.

And why was that?

He said I was, and I
quote, "a loudmouth."

So I filed a sexual harassment
suit and got him fired.

Did he actually harass you?

No, but a bunch of
other girls said

he was a perv, so it's
close enough, right?

None of that happened.

Not a word of it.

I like you, Alex.

I'll check out your references
and get back to you.

Thank you, Miss Hewes.

Oh, and happy
birthday, by the way.

It's not my birthday.

No? Isn't it this weekend?

No.

Sorry. I guess Wikipedia
got that wrong.

We'll be in touch.

Gates subpoenaed me.
I'm gonna be deposed.

It's all in there,
everything you have to say.

You want me to lie under oath?

I can go to jail for that.

If they had enough to arrest us,

they would have done it already.

We just have to stick to
the same story, right?

I want an attorney
to go in with me.

No, go alone.

It'll seem like you have
nothing to hide then. Okay?

Hey.

Everything you have in life,
you have because of my father.

I know that.

Well...

He's gone now, and I can
take it all away from you.

Do you understand me?

Yes.

So, here's the story you tell the
D.A. I suggest you stick with it.

Because if we go down,
I am taking you with us.

So, Patty suggested we meet?

She thought you'd have
some valuable perspective.

On what?

The job, I guess.

I thought the interview went
great, and then she called.

And did she hire you?

No, not yet. She said I
should speak to you first.

Really?

Excellent bag, by the
way. It's stunning.

Thank you.

Can I ask? Did Patty fire you?

Is that what she told you?

No, I just... I thought...

Why would anyone in their right
mind leave Hewes & Associates?

Well, yeah, especially for
a job in the public sector.

Patty didn't fire me.

You quit?

It's a funny thing. You
know, a friend of mine

once warned me about ambition.

He told me that maybe the world
needs people like Patty Hewes.

But that doesn't mean that
you should go work for her.

Why not?

Because once you sign
on, she'll own you.

I think I'd like that.

Yeah, well, I didn't.

I wanted a life.

And how's that going?

It's going great. It's
going really great.

Thank you for
agreeing to see me.

I thought if we met,
it should be here.

I had to fight paparazzi
just to get through the gate.

I'm sorry.

I'm sorry for your
loss. Truly I am.

I heard that you wanted these.

Thank you.

You're welcome.

I think my husband
killed himself.

Did you know that?

No.

I just wanted to bring
you those. My condolences.

I'm worried about my daughter.

She's not handling
this well. She's...

It's got to stop. I beg
you to leave us alone.

I understand, because
I'm a mother, too,

but I have an obligation
to your husband's victims.

What can I do? What will
make you leave us alone?

Tell me the truth about
Danielle Marchetti.

Why did Louis really
call her on Thanksgiving?

You don't understand.

Make me understand.

You think my husband used
Danielle to hide money.

His mistakes were much
more foolish than that.

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?

So, you've been in Louis'
life all these years.

Just give him the pills.

Then you had the
baby, didn't you?

I loved him.

Louis was supporting Danielle

because he had a child with her.

Yes.

Do you know where
that child is now?

I never asked, I...

I have my own family
to worry about.

Mrs. Tobin, just
one more thing.

When we were tracking down
the phone number you gave Joe,

Louis tried to get Danielle
out of the country.

Because he knew his family.

He knew Danielle Marchetti
could have torn us apart.

It had nothing to do with money.

I wasn't expecting that.

Yeah, me neither.

This is a...

It's a nice place.

You live alone? Yeah.

I had a house down
in West Virginia,

but up here, I
live in a shoe box.

How do you afford a place like
this on a government salary?

Well, I saved some money
from when I worked for Patty.

Oh.

Right. Why'd you
quit there, anyway?

You guys were handling
Frobisher and UNR. It's...

You were at the center
of the legal universe.

Yeah. It's a long story.

Is everything okay?

Yeah, no, I'm good. I'm good.

Just a little restless.

Well, if you want
to get some dinner,

I don't have anywhere to be.

Yeah. I feel like
cooking. Baking, actually.

Are you sure?

Yeah. It's my new therapy.

You like cupcakes?

Hello?

Miss Marchetti,
this is Patty Hewes.

Do you know who I am?

Yes.

Good. Then listen carefully.

I know you have an arrangement
with the Tobin family.

That's not true.

Don't lie to me. You'll
only dig yourself in deeper.

What do you want?

Whatever story they
want you to feed

to the D.A.'s office,
for your own good,

don't do it.

Gates has offered me immunity.

You think immunity will
protect your daughter?

Wait a minute. Who told
you about my daughter?

I will find the Tobin's
fortune, Miss Marchetti,

and when I do,
they'll go to jail.

You and your daughter
will be left alone,

and I'll control
who gets the money.

Help me now, and I
can provide for you.

That's an offer
Gates can't make.

I can't tell the truth in
that deposition tomorrow.

I don't want you to.

What do you mean?

It's your constitutional
right to say nothing.

I just want you to sit
there and plead the Fifth.

Do it and I'll take care of you.

Miss Marchetti, just for the
record, you're aware that

you're entitled to have an attorney
present, if you desire one?

Yes, I'm aware.

Okay, then, let's begin.

Miss Marchetti, do you recall
when you first met Louis Tobin?

Miss Marchetti?

Do you understand the question?

Yes, I understand.

When did you first
meet Louis Tobin?

I invoke my right not to answer,

on the grounds I may
incriminate myself.

Miss Marchetti, are you
aware what you're doing?

I'm pleading the Fifth.

This came for you, Miss Hewes.

Thank you, Perry.

Getting chilly out
there. It sure is.

Gonna be a long winter.

I have to say, Carol, I
certainly didn't expect

to see you knocking at my door.

I appreciate you taking
the time to talk to me.

I know what you're going
through is extremely difficult.

It is.

But I'm not exactly sure
what you want from me.

I know it's weird, but you
have a history with my family,

and I'm the only one that
didn't really get to know you.

Well, you were young.

Back when you and
Joe were together,

he never really
brought you around.

Your mother hated me.

I think she may have blamed
you for some of his shit.

It seemed like things started going
crazy for him once he met you.

It wasn't like that.

No? What was it like?

Look, Carol,

I wasn't a saint.

But neither was Joe.

My dad took care of you?

Did you take care of him?

It's complicated.

We were just trying to make the
best of a difficult situation.

Did you love him?

Look, Carol, I am really
sorry for your family.

I am.

But I'm gonna get your coat.

Are you going to
hire Alex Benjamin?

Who?

The candidate you interviewed.

Oh.

I don't know.

And what's next for Danielle?

Go over there tonight.

Just make sure that she's
still willing to talk to us.

No problem.

I want to talk to her
about her daughter.

Hi.

I know your mother Danielle.
I thought it was time we met.

Miss Marchetti?

Miss Marchetti, your
door was open, I...

Happy birthday.

Happy birthday.

She's a big responsibility.

That's all you ever wanted.