Damages (2007–2012): Season 5, Episode 10 - But You Don't Do That Anymore - full transcript

Previously on

I got some stuff
about how the military

is handling soldiers
with PTSD.

McClarenTruth would love to help
you present this to the world.

A new leak.Yeah, a big one.

Front page on all of them.

That's good work.

I'm testifying against Patty
in a child custody case.

Are you okay?

Feeling a little off.

It's been going on
for a few weeks.



Maybe you should go
and see a doctor.

I want you to have
the land and house.

My mother's not
going to go for that.

Convince her.

His name's Patrick Scully.

Scully tried to kill me.

And now you want me
to track him down.

What do you want from me?

I want to know
who hired you.

Mr. Simon, you posted a leak
about insider trading

at Fund 23, and your main donor
had financial dealings

with the CEO of the bank
that managed that fund.

You said that Rutger Simon was
going to contain the problem.

McClarenTruth has always been
more mine than yours.



You're fired.

So Channing
posted Naomi's emails.

Yes.

Mr. Simon,
why are you telling me this?

If I give you Channing,

I want the
organization to continue,

and I want to run it.

What happened to
your little girl?

My little girl?

What the hell
did you do to her?

She died.

At birth.

She was stillborn.

Don't lie to me.

She ain't dead.

Take a look at her.

Oh.

She's not mine.

She belongs to my son.

Not that one.

What the hell happened to
your poor little baby?

I don't know.

I think you do.

Ms. Hewes,

Ellen Parsons is missing.

Oh.

Any idea where she's at?

Sorry to keep you waiting.

No problem.

So, I've gotten
all the tests back.

I'm not surprised
you've been so fatigued.

Why?
What did you find?

Your results worry me.

There are signs of stress
that don't bode well.

Your immune system
is depleted.

You're anemic.

Can I take
something for that?

Yes, but supplements won't
solve the bigger problem.

Tell me what I have to do,
and I'll do it.

The most important thing
is rest.

Well,
I have the trial coming up,

but once that's over,
I'll be able to take it easy.

I'm afraid
that may be too late.

Do you understand
what I'm saying?

Yes.

Sorry for the delay.

Michael has been waiting
a long time to get custody

of his daughter,
and he's anxious to move on.

I understand.

You're still planning
to testify against Ms. Hewes?

Absolutely.

Hopefully, the McClaren trial
won't last long.

Your mother has no witnesses
of any significance

and very little evidence.

That's never stopped her before.

No, but her entire case

is based on unsubstantiated
claims by the victim's daughter.

You look worried.

I'm concerned about your
credibility on the stand.

We'll need to show
that your desire to testify

against Ms. Hewes is more
than just personal animosity.

I've found someone
who can provide some pretty

damning evidence to back up my
claims against your mother.

His name is
Patrick Scully.

Is this another
former employee?

In a manner of speaking.

What evidence
does this person have?

As soon as I have
more information,

I'll let you know.

Your performance at
the deposition

left a little
to be desired.

Well, I was blindsided.

Yeah, but you're
our witness now.

We can't let that
happen again.

We need to prepare you

for anything that Ellen Parsons
might throw at you.

And what if she asks about
Torben and Herreshoff?

She won't.

The fact that Torben was
simultaneously an insider trader

and a donor to McClaren
is terrible for her case.

She's not
going to touch that.

However, I'm interested in
Torben and Herreshoff.

What do you mean?

When the
McClaren trial is over,

I intend to pursue them.

Well, we never discussed that.

No.

But if you want me to secure new
funding for you, Mr. Simon,

I'll need your
full cooperation.

Torben and Herreshoff
are very dangerous men.

I'll want to know
everything.

After the trial is over...

after Channing's trial,
then I'll tell you.

After opening statements,

Patty will start
putting on witnesses.

She goes first?

Yes. The plaintiff
always goes first.

That's her latest
witness list.

Who are these people?

Technical experts mostly,

people who can testify
that you had the expertise

to hack into
Naomi's personal account.

Are you
worried about them?

No. Patty has no one who will
get on the stand

and show that you had reason to
post Naomi Walling's emails.

Rutger?

Yes.

When Patty's done
putting on her case,

it's my turn.

I'm going to put you
on the stand first.

Okay.

On cross,
Patty's going to

press you on Torben
and try and rattle you again.

But you'll be prepared
for that this time, right?

Absolutely.

You all right?

Yes, just...

eager to get on with it.

Good.

Here you are.

Thank you.

I was surprised
to hear from you,

especially with the
trial about to start.

Yes, you must be excited
to get back to court.

Very.

I am curious.

Why did you go back to work
for Ellen in the first place?

I wanted to try my hand
at being an attorney again.

Also, our father was dying,

and it was important to me
that you see him again.

What does that have to do with
you working for Ellen?

Would you have paid me
any attention

if I weren't on the
opposite side of your case?

You wouldn't have even
returned my calls.

What was he like for you
as a father?

Awful.

Until he stopped drinking.

And even then,
he wasn't a walk in the park.

But he did get calmer
as he got older.

And now he can be
quite sweet, actually.

I'd like to see him again.

Have you decided to let him
give Michael the land?

I haven't decided anything.

I just... want to talk to him.

Do you think he's coherent
enough to have a conversation?

If you catch him
in the right moment.

I suppose this is
none of my business,

but whatever he did back then,
you have the power now.

He's helpless.

But I really think you
should try and forgive him.

If not for his sake,
then for yours.

Thank you for the advice.

Mr. McClaren,
classified information

concerning United States
military personnel was

recently stolen from
the Veterans Administration...

And let me guess,

you're here to ask me for
computer security tips.

I'm here because the material
was posted on your website.

Uh, do you have a question
for my client?

Mr. McClaren,
are you aware...

that the unauthorized
procurement and dissemination

of government medical records
is in direct violation

of U.S. Military Code 14b7,
Section 9?

Are you charging
my client with a crime?

That's an option.

But right now,
we are more interested

in who stole
the information.

Fuck you.
I don't name names.

Could you tell him,
if he'd like to arrest me,

he should go ahead.

We have mutual friends
in the D.A.'s office.

I only came down here
as a courtesy.

I appreciate that.

The department's investigation
intends to continue

regardless of
Mr. McClaren's cooperation.

Meaning...?

I'll make it simple.

Either you give me
your client's source

or we'll throw him
in jail.

I'm sure you wouldn't want
that kind of publicity

in the middle of a trial.

Chris told me
that the brass

were sending guys
with PTSD,

you know,
back into combat on meds--

it just pissed me off.

I understand.I mean, I know some of them.

So I felt like,
fuck it.

You know? Fuck that.

The rest of the world should
know about them too.

I'm sure Chris told you
that I was approached

by the
federal authorities.

Yeah.

They need to
blame this on someone,

set an example,

so they're going to
arrest McClaren.

Unless I give myself up.

As McClaren's lawyer,
it's my job to ask you

if you'd be willing
to do that.

What-what would happen to
McClaren if he were arrested?

The government will do
anything in its power

to put McClaren
out of business.

And what would happen if...

if I turned myself in?

Well, you're much more
sympathetic than McClaren.

The military wouldn't
go after you in the same way.

They'd look bad.

Well,
at the very least,

you'd be
court-martialed.

I mean, this is completely
up to you, Tony.

It's got to be
your decision.

Yeah, I like McClaren.
I like what he does.

I mean, he... he gave me

the opportunity
to get the story out.

But I...

I need to
think about my future.

My-my pension.

I'm sorry. I'm sorry.

I-I just...
I just can't do it.

I just can't.

I understand.

Kate?

Have you got the
Naomi Walling timeline?

Kate?

Is this what you're looking for?

Yeah.

Thanks.

Hey, that's it?

You're not going to
say hello?

David, I'm in the
middle of this case.

Okay.

We'll catch up later.

Wait.

Wait, I'm sorry.

So... you've got
a big decision to make.

Yes.

I like Chris.

I do, too.

Well, then,

I guess you know
what you have to do.

I can't let McClaren
get arrested.

I can't, not when I'm this
close to winning the case.

Well...

then you're going to turn in
the soldier who helped Chris?

Chris won't understand
right now, but...

in time,
he will.

I'll... find a way to make
things right somehow.

You really believe that?

You know...

I don't think that I
ever really understood

how important it is to you.

How important what is?

Winning.

You were going to be
a doctor.

You wanted success
as much as I did.

No.

I just wanted to be happy.

There's a difference.

I love you, Ellen.

I love you, too.

But after all this time,
I realize...

we were never really right
for each other.

Maybe you're right.

When it comes to Chris,

whatever decision you make...

just be sure
you can live with it.

Miss Parsons?

I'm sorry.
I was knocking...

I'm sorry.

Please, uh, come in.

Have a seat.

Have you made a decision?

Yes, I have.

You have the right
to speak to an attorney.

You're aware of that?

I don't need an attorney.

Thank you
for meeting with me.

What do you want
with me, Mr. Simon?

I have a proposal for you.

I want to get rid of
Channing McClaren.

Mr. Simon is going to
delay the leak.

I'll have time to start an
internal investigation,

then hand it over
to the SEC.

But first,
I need you to get me

personal information
on Naomi Walling.

What kind of information?

Disparaging. Something
she wouldn't want public.

I see.

You were right.

Walling was a
busy little lady.

I got over
a thousand e-mails,

distinctly sexual
in nature.

Any e-mails to and from me
must be left out.

What about her correspondence
with Mr. Herreshoff?

You don't have to worry
about that.

Pleasure to meet you,
Mr. Simon.

This should do everything
we need it to.

You guaranteed my anonymity.

I'm really very sorry,
Ms. Walling.

Sorry?It was a mistake.

How did you get
my personal e-mails?

Well, you must have
accidentally sent them to us.

Bullshit.

You hacked into Princefield's
system and stole them.

That is an
outrageous accusation.

Bennett Herreshoff struck
some kind of a deal with you.

You're way off base,
Ms. Walling.

Somehow, he got to you
or to Channing.

Either way,
you're all going to pay.

Set me up for life,
or I'll bring down Princefield,

Herreshoff, McClaren...

every fucking one of you.

I don't have much time.

So... what can I do for you?

I have an additional witness
to add to my list.

I'll be submitting this
officially this week,

but I thought I'd give you
a heads-up.

Have a good night.

Really, Ms. Parsons,

I don't see what business
we have with each other.

I give money to McClarenTruth,
you defend them in court.

So do your job.

Defend them
and leave me alone.

How well do you know
Rutger Simon?

McClaren's nursemaid?

Why?

Mr. Simon has switched sides.

Explain.

He's testifying
for Patty Hewes.

Against
Channing McClaren.

How do we know this?

Patty's going to submit him
as a witness.

If this is true,
you will lose the case.

Yes.

I will.

But we're here to talk about
what you're going to lose.

Talk.

I don't know what your
involvement in this really is,

Mr. Torben.

But I believe Mr. Simon does.

What are you implying,
Ms. Parsons?

I don't care what you and
Bennett Herreshoff are up to.

All I care about
is my case.

Rutger Simon is in
Patty Hewes' hands now.

And when she uses
him against you--

and believe me,
she will--

you and your CEO friend are
going to be neck-deep in shit.

Indeed.

You're all going to pay,
every fucking one of you.

What is this?

The figure Naomi Walling
wants to be paid

to keep her mouth shut.

Explain.

She had an affair
with Herreshoff.

None of his e-mails to her
were in the leak.

She put two and two
together.

Men and their
fucking genitals.

All right.

We pay her.

Wait.

Naomi Walling is a
whistle-blower.

Whistle-blowers
like to talk,

to betray secrets.

It makes them feel good
about themselves.

They don't...

they don't do it
for the money.

When she feels like
starting to talk again,

she could use the
payoff against us.

What are you
suggesting?

I don't know.

Yes, you do.

Gentlemen.

Mr. Simon has been
talking to Patty Hewes.

That's right.

I want to testify
against Channing,

get this done with
once and for all.

It will be better
for all of us.

Should have done it sooner.

And what did you tell Ms. Hewes
about me and Mr. Torben?

Well, nothing, of course.

I'm relying on you for funding
once this trial's over.

You are aware Patty Hewes
despises Wall Street.

You really think
she won't pursue us

once she takes down
McClaren?

Her case isn't against you.

She's fighting some
personal war.

All she cares about
is beating Ellen Parsons.

Regardless,

we can't have you getting
cozy with Ms. Hewes.

Of course.

I have no reason
to turn against you.

A simple slip of the

tongue would be enough.

Don't worry about me.

I can handle myself
with Patty Hewes.

All right, Mr. Simon,

go ahead and testify.

Nothing to Heathrow, London?

No, I can't...
can't fly standby.

What about, uh, Dublin?

Yeah, great.

I'll take the morning flight.

All rise.

In the matter of
Walling v. McClaren,

the Honorable Justice
Richard Gearheart presiding.

Be seated, everyone.

Counsel are present, Your Honor.Excellent.

Ms. Hewes, are you ready
for opening arguments?

I am, Your Honor.

The floor is yours.

Your Honor.

Yes, Ms. Hewes.

I need a moment
to consult with my client.

Make it quick.

Your Honor,
may we approach?

Your Honor,
it has just been

brought to my attention

that Rutger Simon
has left the country,

so my most important witness
will no longer

be testifying
on my client's behalf.

In light of this,
my client and I

feel that we have no choice

but to withdraw our suit
at this time.

You're dropping
all of your claims?

Reluctantly, yes.

Your Honor, I...
I simply have no case.

Mr. McClaren...

Mr. McClaren,
Mr. McClaren,

what does this outcome
signal for the future

McClarenTruth will continue
to expose injustice.

And that's a very
good thing for the world,

but today is not
a celebration for us.

Naomi Walling's death
was a tragedy

Regardless of the outcome
of this case.

She was a courageous
whistle-blower

and we won't forget her.

That being said,
what happened here today

only goes to prove
that this lawsuit should never

have been filed
in the first place.

Is that a direct shot
at Patty Hewes?

It's a fact.
Thank you.

We'll be holding a formal press
conference later today.

Thank you.
Thank you so much.

Thank you.

I still can't believe
that you beat Patty Hewes.

Wow.

I'm very grateful
for your help, Kate.

So you really
don't know why

Rutger Simon decided
not to testify?

Truly, I have no idea.

Well, clients are going
to be banging down the doors.

I don't know how you're
going to choose your next case.

Well, we can decide next week.

Michael's custody trial
is starting,

so you could take the
next few days off if you want.

Ellen,

whatever resolution you're
looking for with Patty,

I hope this custody case
helps you sort it out.

It will.

Good night.

Good night.

What do you say
to the accusations

that you should never
have filed this suit?

I failed today.

I was unable to get justice for my client.

I will live with the burden of that failure.

Thank you for your time.

I've booked us
tickets to Budapest.

The team's on the
last flight out tonight.

Have you heard from Rutger?

No.

He's gone, Channing.

He turned on us and ran
like the fucking coward he is.

We'll have no problem
finding a replacement for him.

Yes, we will.

Channing, you're free.

The lawsuit's over.
Be happy.

There will be other lawsuits.
Governments, media.

I'll always be under attack.

Maybe because you're a hero.

Come on.

Car to the airport's outside.

Why do people hate you so much
when you tell the truth?

Detective, I don't know what
you're hoping to learn from me,

but I'm supposed to be in court
right about now.

We know.

Ellen Parsons was scheduled to
testify against you today.

Know what she was going to say
on the stand?

No.

And if she's missing...

I guess we'll never get a chance
to find out.

What are you doing here?

You moved your stuff out.

Yeah, you noticed?

Chris, look, I'm sorry,
but it had to be done.

It had to be done?

Are you fucking kidding me?

The guy tried to help me out,
and you fucked him over, Ellen.

When he gave you
that information,

he knew
he was taking a risk.

I asked him
to take that risk!

I know.

I asked him to do it.

Look, obviously,
I understand why you're angry--

I do--
but McClaren's my client.

It's my job to protect him.
That's what lawyers do.

You don't give a shit
about McClaren.

You just want to win.
That's all you care about.

No, it's more
complicated than that.

You put the case ahead
of me, Ellen!

Yes, I did, and yes,
I care about winning.

Of course, I care.

I've devoted my life to this.

It matters to me.

But so do you.

And I promise you,
I will make this up to you.

How the fuck do you think
you're going to do that?

I'll make things right.

There's always a way.

Yeah, I'd love to believe that.

But I don't.

I met with Scully.

He admitted Patty Hewes
hired him to come after me,

and he's willing
to testify against her.

How'd you get him
to agree to that?

Pulled some strings
in the D.A.'s office,

made a deal
for his immunity.

Why didn't you just
turn him in?

I don't want him
to get arrested yet.

I need him
to get more on Patty.

But you understand that you're
taking a big risk

with this guy out there?

I have personal reasons for
doing it this way.

What about Patty Hewes?

How do you know
she's not going to use Scully

to go after you again?

I'll take care of Ellen.

If there's any sign of trouble,
detectives,

I'll reach out to you.

Ms. Hewes.

I was very close
with your Uncle Pete.

Yes, you mentioned that
on the phone.

We've never met before,
but I feel like I know you.

I used to work for you
after all.

You never worked for me.

I sure as hell got paid
to do things for you.

Corey, come.

Ellen Parsons knows
all about me.

How?

She had this on her
when I attacked her.

She had the blood on it tested.

Led her straight to me.

Parsons got the D.A.'s office
to grant me immunity

if I testify against you.

How much would it cost me
to avoid that scenario?

PATRICK

Enough to set my family up
for a long... long time.

I'm sure it's hard to hear
that your mother

is capable of doing
such a thing...

but it's true.

Are you sure?

I also have documentation
of the wire transfer from Patty

to Patrick Scully made
shortly after this conversation.

I want to use this evidence
in your custody trial.

But, obviously,
I need your okay first.

That's fine by me.

It's a slam dunk now.

I'll get my daughter.

Yes, you will.

Still...

What?

It just feels like she hasn't
been hurt enough...

somehow.

You know?

I'd like a moment
with my father please.

So you're still alive.

I've been thinking
about forgiveness.

What about my land?

As soon as you draw
your last breath,

I'm going to sell it
to the lowest bidder.

The first person who wants
to pay a penny can have it.

That's right.

You hold tight
to that hatred.

It's all you got.

It's all I need.

I made you tough.

You are what you are
'cause of me.

I am who I am despite you.

I'm sorry.

It's too late.

You did everything
you could to crush me.

My mother would go to church
and pray for you.

And I never understood why,

because I thought that you
deserved to go to hell...

...for your cruelty...

your brutality.

For every night you
came home in a drunken rage.

You...

terrorized us.

You bullied us.

And our fear made you feel
big and important.

Mama... never judged you.

But I will.

I want you to remember
this moment forever.

This feeling of helplessness,
of weakness.

Of me looking you
in the eyes

and telling you
how much I hate you.

There's no
forgiveness for you,

no mercy.

Only death.

I'm going to tell you a secret.

Can you keep a secret?

Yes.

I'm Grandma's son.

Really?

Mm-hmm.

So I guess that means
that we're related.

Catherine?

I need to speak
to Michael for a minute.

So can you keep coloring?

Okay.

Good girl.

She's sweet.

Yes, she is.

I thought it was time
you met her properly.

But you don't want her
to know I'm her father.

Not yet.

I think we need to
come to an understanding.

Well, that's what the
custody trial is for.

I'm not interested in your
one-sided negotiations.

I just want what's fair.

And what's that?

Shared custody, 50-50.

How is that fair
exactly?

She's my daughter.

Because of me...

Catherine will never know what
it feels like to be abandoned.

That's bullshit.

This is about
Ellen Parsons and what

she's going to say in court.

I don't care
what Ellen testifies to.

All she has is
slander and lies.

Okay, Mom.

We'll see.

Michael.

Can't we meet
each other halfway?

Let's let a judge
decide this one.

It's Michael.

Michael, it's Ellen.
Scully's all set to testify,

so head to my office,
and we'll leave from there.

Ellen was supposed
to be here two hours ago.

Yeah, I'm aware of that.

Parsons is my
ticket to immunity.

I... I'm worried.

Something's
happened to her.

Like what?

Do you really think
that Patty Hewes

is going to let this
custody hearing go through?

You know I used to work for
Patty's uncle, right?

That woman is crazy.

I once had to kill a fucking dog
just to get her a witness.

When I met her,
I saw how desperate she was.

Trust me.

There's a reason Ellen Parsons
isn't here right now.

Ortiz.

Yeah, this is Waleed Cooper,
Ellen Parsons' investigator.

How can I help you?

I was supposed to meet Ellen
at her office two hours ago.

She hasn't shown up.

What would you like us to do?

Williams.

Miss Hewes.

Ellen Parsons is missing.

Oh?

Ellen, where the hell are you?

I need to know you're all right.

Hey.

Let's check the roof.

Detective,
I don't know

what you're hoping
to learn from me,

but I'm supposed to be
in court right about now.

We know.

Ellen Parsons was scheduled
to testify against you today.

I can't imagine you were
too pleased about that.

Know what she was
going to say on the stand?

No.

And if she's missing...

I guess we'll never
get a chance to find out.

Ellen?

Is anybody here?

Call her again.

Why?

Just do it.

Shit.

It's Michael.

Michael, it's Ellen.
Scully's all set to testify,

so head to my office
and we'll leave from there.

The most important thing
is rest.

Well,
I have the trial

coming up,
but once that's over,

I'll be able to
take it easy.

I'm afraid
that may be too late.

Do you understand
what I'm saying?

The dizziness,
the irregular bleeding...

I don't like the
direction you're heading.

I don't want you
to lose this baby.

Do you?

Because that could happen
if you keep up this pace.

Ellen?

There's a woman unconscious.

Send an ambulance to the corner
of Canal and Greene. Hurry!

Ellen, Ellen,
can you hear me?

Ellen?

Is that you?

So you'rePatrick Scully.

Yeah.

Thank you for, uh,
testifying for me.

I've been trying
to reach Ellen for hours.

Do you know where she is?

She's outside
dying in an alley.

Ellen.

Ellen, Ellen,
can you hear me?

Ellen!

Give my best
to your mother.

Well, hold on.

Where...
where are you going?

Ellen got me immunity.

Without her,
I've got no reason to testify.

No one else can I.D. me.

I can.

I know what you did.

The night Ellen was attacked,
I saw you.

Shit!

If anyone asks,
I wasn't here.

I told my mother
I was out of town,

but I lied--
I saw you at the building.

You were
talking to Uncle Pete.

If you don't
testify against my mother,

I'll turn you in.

Ellen.

Ellen, can you hear me?

Come on. Come on.

Look at me. Look at me.

Ellen, Ellen, look at me.

That's it.

Come on.

Let's get you up to your office.

Can you call the detectives?

Ortiz.

Turn the speaker off.

I'm sorry for your loss, Patty.

Michael would still be alive

if you hadn't brought Scully
into the custody case.

Scully tried to kill me.

You hired him to do it.

Now, we've discussed this.

Yes, but now I can prove
everything I've said.

It's all in this briefcase.

Scully's DNA.

The bank transfer you made
to buy his silence.

I could have you arrested
for attempted murder.

But prison couldn't possibly be
worse than losing a child.

I guess we both have plenty of
blood on our hands, don't we?

I hope you realize by now...

winning the
McClaren case meant

nothing to me,
Ellen.

I just wanted to see
what you're really made of.

What are you talking about?

I told you Mr. Simon was
going to be a witness for me

because I wanted to see
what you would do.

And you played it perfectly.

You and your CEO friend are
going to be neck-deep in shit.

Indeed.

If you want to protect yourself
against Mr. Simon...

the time to act is now.

Am I making myself clear?

Quite clear.

You didn't care what they did.

And now...

Rutger Simon is dead, Ellen.

Nothing to Heathrow, London?

No, I can't...
can't fly standby.

What about, uh, Dublin?

Yeah, great,
I'll take the morning flight.

Congratulations.

You won the case, Ellen.

You did what it took to beat me.

You're finally
in the game, Ellen.

I look forward to going up
against you again someday.

Thank you.

Honey, come stand by Mommy.

Can I help you?

Name is Hewes.

Take me home.

Hello, Patty.

Hello.

I just...

I wanted...

Yes?

...to finally thank you.

I'm really grateful.

For everything.

You're welcome, Ellen.

And I wanted you
to meet my daughter.

Hello.

Ms. Hewes?

Everything okay back there?

Just one more second,
sweetie.

I've changed my mind.

Take me to the office.

Do you know
that lady in there?

I used to.

Before you were born.

When I was a lawyer.

But you
don't do that anymore.

No, I don't.

Should we go find Daddy?

He's at the V.A. today.

Okay.

There's just a little dust
right here.

It's such a wee flower!