Damages (2007–2012): Season 5, Episode 3 - Failure Is Failure - full transcript

Previously on Damages...

I didn't know Naomi Walling.

She contacted my organization
as a whistleblower.

I don't know how her personal
correspondence made its way into the leak.

Every life lost is a tragedy.

Ms. Hewes cannot
prove that my client had any

reasons to expose
Ms. Walling's personal life.

I filed a wrongful death
suit against Mr. McClaren.

The first thing that we're gonna
need to do is find out if your

mother had a personal
relationship with Mr. McClaren.

This scandal has given
many of our donors pause.



We have a cash flow problem.

So you're looking for a job.

Actually, an old friend of
yours has already offered me one.

So how about you double
the girl's offer?

I figure that's a fair price to
keep someone from your past from

working for the other side.

She offered me a job.

You were right, she does not
want me to work for you.

Naomi Walling.

She rented a room the night
before the leak went public.

That's him.

- Who?
- McClaren.

He definitely met with
Walling before she died.

Told you he was interesting.



He's also a liar.

♪ Little lamb ♪

♪ 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 ♪

You all right?

What?

Are you all right?

- You seem...
- I'm fine.

This deposition today-- if it
doesn't go better than last week...

You'll have
a lot of work to do.

Well, I won't
have any work to do.

If I lose this round...

the fight's over.

My client will fire me, I'll be
out of a job, and so will you.

Oh.

You better win, then.

Ms. Parsons,
Ms. Franklin.

They're ready for you
in the conference room.

This way.

Here we go.

I wanted to thank
you for your offer, but I've

decided to accept another job.

Need I ask whom
you've decided to work for?

Oh, I don't think
my answer will surprise you.

Well, I wish
you the best of luck.

Enjoy your return to the law.

It's good to be back.

Hey, there.

Thanks for coming back.

All you had to do was ask.

You know that.

I hired
everyone back, actually.

Good.

Because we're all in this
for one reason, you.

And if you stop trusting
us, you'll have no one.

I know.

I got you something.

Found it in one of those
airport boutiques.

Very nice.

Thank you.

I'm not endorsing your habit, but...
I don't see you

using your old one anymore.

I misplaced it.

Why doesn't that surprise me?

It's probably back in
Brussels somewhere.

- Just in the conference room.
- All right.

Hi.

- Hi. Sorry.
- Sorry.

Just in the
conference room, as well. Thank you.

Welcome.

Follow me.

Thank you.

Wow.

Looks nice.

It's getting there.

So...
I thought I'd put you in here.

Perfect.

My Lord.

I didn't realize there
would be so much stuff.

This is everything.

Including all of Naomi
Walling's personal e-mails.

Why don't you get
yourself settled.

I have a meeting with
McClaren's people at 11:00.

Oh, do you want me to sit in?

No, I'd like you to stay
here and go through the leak.

All of it?

Please.

Code it and pull everything bearing
on Rachel Walling's case against us.

Busy work.

I get it.

You get what?

You don't want
me meeting the clients.

And I understand that.

You hired me to keep me away from Patty
Hewes, and you don't trust me yet.

I don't blame you.

I also hired you because
you've been up against her in court.

You read my case history.

Of course.

I only faced
her once-- 1987.

It was a small domestic case.

It took guts.

So Rutger tells me some hacker
has more information on Princefield?

Yeah.

But he wants us to pay for it.

What did you say?

I told him I
don't pay for information.

So we'll just have
to find it ourselves.

Working on it.

But first, I have to
deal with the lawsuit.

Uh, Ellen Parsons is
coming over to talk to me.

Namaste, you bitches.

In order for the
standard of wrongful death to

apply, the plaintiff has to
prove that you harmed Naomi

Walling intentionally, that you leaked
her personal information with malice.

I understand.

At the online symposium,
you stated publicly

that you'd never even met her.

That's right.

So, did you?

Did I what?

Ever meet Naomi Walling?

Never.

You can state
unconditionally that you never

made personal contact
with Naomi Walling?

Yes, I can state
that unconditionally.

Never had occasion to speak
with Naomi Walling in person?

What's wrong with you?

I just said "never."

Then I need you
to explain this to me.

That's Naomi Walling.

And that's you.

How did you get this?

Not really the point.

This was filmed in a Manhattan hotel
shortly before Naomi Walling's death.

That's not Channing.

Yeah.

It is.

Well done.

You nailed me.

Which means you're
having me investigated.

You lied in public.

See, I told you
she was the right lawyer.

Channing, you lied in public.

Yes, I lied.

Naomi Walling and I
met in the city.

Jesus Christ, Channing.

How am I supposed to protect you if you
won't even follow our own protocols?

We have a strict policy.

Channing doesn't meet
with whistleblowers.

But she insisted.

It was a condition of her
turning over the information.

I don't care that you
met with her, I just want to

know why you didn't
tell me about it.

Because I protect my sources.

And she didn't want anyone
to know she met with me.

But now that it's out in the
open, I may as well tell you.

We met twice.

The first time was in Rome.

She contacted me.

Why in Rome?

Because that's
where I was at the time.

So why did you meet
with her again in New York?

Once she had
evidence against the Fund, we

flew to the States so Rutger could
talk to her and finalize the details.

They met without me.

Protocol.

Is that true?

Yes.

She had collected the data, but
by then, she was no longer

certain she wanted to go
through with the leak.

So you contacted her.

No.

She contacted me again.

She asked me to meet
her at that hotel.

It's good to see you again.

You, too.

Sorry about this.

I've learned it's
better to be discreet.

Oh, I understand.

Thank you for coming.

Sit.

Do you want a drink
or something?

No, thanks.

Do you mind if I smoke?

No, go ahead.

I was uncomfortable not
speaking to you directly.

Well, here I am.

And what happened there?

Not much.

Naomi just needed
some reassurance.

Yeah, but if I do
this, what will happen at

Princefield after
the news breaks?

The SEC will
most likely investigate.

Uh, and your colleagues will naturally
want to know the source of the leak.

But they'll never find out.

You mean the encryption
code Mr. Simon gave me.

We're the only
ones who can unlock it.

And afterwards, there's no trace of
where the information came from.

And this process--
you oversee it yourself?

I do.

Naomi, we've done this many
times before, and none of our

sources has ever been
publicly exposed.

Trust me, everything
will be okay.

All right.

You'll get the files tonight.

I appreciate what you're doing.

I... I know it's not easy.

This will be the last time
that we see each other.

So, um... good-bye.

So, in the end, she was
willing to provide you with the leak.

Yes.

And how did her personal
information get included?

Naomi did not
know what she was doing.

She sent us too
much information.

But you didn't have to post it.

That was our mistake.

It...
slipped through the cracks.

Okay, fine.

But intent is everything.

You meant no harm.

Naomi had agreed
to provide information.

Why would Channing
want to embarrass her?

That's the
center of our defense.

Is there anything Rachel Walling
knows that could hurt you?

Naomi's daughter?

I don't see how there could be.

Well, she wouldn't be suing you
if she didn't have a story to tell.

You look worried.

With no solid evidence, it's going
to be Rachel's word against Channing's.

Rachel is young,
innocent and a victim.

So we're already way behind.

So how do you
plan to take the lead?

Before I can have a strategy,
I need all the information.

I have Channing's story.

So now I need to depose
Rachel and get hers.

Mrs. Parsons?

Yes?

Long time.

Christopher Sanchez!

Oh, my goodness!

How you been?

Oh, look at you.

I'm terrific!

Last time I saw you, you were in a blue
tuxedo with a great big cloud of ruffles.

Oh, you have no proof of that.

You look wonderful.

So do you.

Ellie told me about what
you went through a few months ago.

I was sorry to hear about it.

She was a big help.

I'm so glad.

You must be proud of her.

I am.

Denise.

What are you doing?

Oh, I ran into an old
friend of my daughter's.

Well, get changed.

Let's go.

Well... we're talking.

Well, stop talking.

Your shift started
four minutes ago.

Cassidy's waiting
to go on break.

I'm sorry, Chris.

He's so rude.

That's all
right, Mrs. Parsons.

Sounds like you're needed.

Um...
it was great to see you.

It was great to see you.

Oh.

Oh, uh, tell your
mom I said hi.

I will.

All right, you take care, okay?

Okay.

Bye.

Bye.

I want to start Rachel
Walling's deposition this week.

When will it finish?

When I come to
the end of my questions.

No.

Nothing open-ended.

I'm concerned about
Rachel's emotional state.

She's still reeling from
her mother's death.

I'll give you one day.

To cover her
mother's history, their

relationship, the suicide,
the leaks and McClaren?

I want four days.

Two days.

But it has to be at my office.

Rachel's comfortable there.

Your office is fine.

Two days isn't enough.

I need three, at least.

You'll take two days, or
I'll file a petition with the

court saying that Rachel is too grief
stricken to be deposed at all right now.

Okay.

Two days.

Eight-hour sessions.

Four hours.

Rachel's a high school senior.

She's struggling to regain
some sense of normalcy.

She has grief counseling
every afternoon.

If she's stable
enough to file a lawsuit, she

can find the time to be deposed.

Four hours is absurd.

I'll give her seven hours
with two half-hour breaks.

Some of us have
other clients, Ellen.

Six hours, two breaks.

Six hours, one break.

Done.

I hear you've hired a staff.

One associate.

Your old friend, Kate Franklin.

After a 25-year layoff, you
have to wonder if she can still hack it.

I don't know.

She seems to know a lot.

You know why this is
my favorite kind of lawsuit?

Because all the facts of
the case are in question.

So if the facts won't win
it or lose it, what will?

One of us.

On a nice, big stage.

I'll see you at
the deposition, Patty.

Hello.

- So, by way of an update...
- Yes, yes, yes.

Get to it, please.

Everything is proceeding well.

Don't be ridiculous.

Failure is failure.

And this is failure.

- Well, call it what you will...
- I just did.

Failure.

Now what happens
with the lawsuit?

We have to be prepared for
it to drag on, which means...

More money.

More money, more
money, more money.

You always ask for more money.

Well, at the moment, you're
our only source of funding.

As you know, we can't exist
without private donations,

and... now we need money
to pay for the attorney.

Mm-hmm.

This attorney... she's worth it?

She's very young.

And I think...
too attractive to be good.

Channing chose her.

That's because Channing
thinks with his penis.

I'm asking, is the
girl any good?

You said this would
be dismissed quickly.

Yeah, well, I was wrong.

Can you help with
the funding or not?

I'll see what I can
arrange on short notice.

Thank you.

Mr. Simon.

If you wish to accomplish your
goals, you do not do it alone.

Never forget that.

I'm glad you finally
got a chance to get away.

Yeah.

Me, too.

The next two days are
going to be rough.

So, how's the case going?

I have no idea
what the truth is.

McClaren is bizarre.

He lies.

I call him on it.

He admits he's lying,
and then moves on.

Like nothing matters.

I don't know.

How are you?

How's your week been?

It's funny because, uh... you know,
I'm working at V.A. out in Jersey.

I ran into your mom.

Where?

At the Hudson Square pharmacy.

I didn't know she worked there.

She doesn't.

The manager
seemed to think she does.

My mom?

Yeah.

That's crazy.

She didn't tell
me she got a job.

Why would she
hide that from you?

I don't know.

I don't want to know.

Sure I can't get
you something to drink?

No, thanks. Hi.

I'm good.

Sit.

All right.

So.

The first day of a deposition is
really just a fact-finding mission.

The opposing attorney will ask you
questions to hear your side of the story.

And even more important
than the questions are your answers.

Right?

Now, keep 'em short.

Make sure you answer the questions
asked, but only the questions asked.

If you don't understand the
question, ask her to repeat it.

But don't be a smart-ass.

- No sarcasm, no jokes, no...
- Thank you, Bill.

But your most important
responsibility is very simple,

tell the truth.

What is it?

When you asked me if
my mother had a personal

relationship with McClaren,
I told you they never met.

That wasn't true.

They did meet.

Why did you lie to me?

All right, have fun.

Yeah.

Bye.

Bye.

I love you.

I... I was afraid it
would make my mom look worse.

Okay, everyone on TV, they're-they're
only talking about the sex stuff.

Nobody is giving her any credit for
exposing insider trading at Princefield.

My mom told me that
she and McClaren met.

More than once.

Are you saying your mother had
a sexual relationship with McClaren?

Yes.

They slept together once,
but it didn't end well.

Rachel, are you making
this up because you think it

would be good for our case?

I'm not lying.

Okay, then.

We need to hear everything
you know about it.

The story you tell in this
deposition is going to be the

foundation for our whole case.

Do you understand?

Yes.

Ellen!

Hey, Ma.

Uh, hang on.

Ellen Parsons.

Now's not a good time.

Can I call you when I'm
back in the office?

What are you doing here?

You're working here now?

Just for the past few months.

Who told you?

Chris Sanchez.

Oh, yes.

Oh, it was so nice to see him.

Oh, he's so handsome.

I always liked Chris.

- He was so...
- Mom, when did you get a job?

Is everything okay?

Oh, yes, fine.

It's fine.

Then why didn't you tell me?

Well, there's nothing to tell.

I mean, I like having the extra
pocket money with the holidays

coming up and everything.

And, uh, your father and I
thought it was a good plan.

Oh, my God, Ellie.

Why do you always have
to assume the worst?

I love it here.

Terrific people.

We spend the whole
day laughing.

And I'm learning a
ton about business.

Truly, I couldn't be happier.

Okay.

So, please, I don't
want you to worry about me.

All right, I won't.

- Well, I got to get back to the
office, so, um... - Okay.

So bye, Ma.

Bye, sweetie.

I'm glad you're
enjoying yourself.

Yeah.

Ellen.

Patty.

Ms. Walling, before we go on the
record, I want to tell you how

truly sorry I am for your loss.

Thank you.

Are you okay to get started?

The floor's all yours.

Ms. Walling, to the
best of your knowledge,

what were the circumstances surrounding
your mother's decision to contact

Mr. McClaren's organization?

My mom contacted
Channing McClaren shortly after

she became aware that there was
criminal activity at her job.

You're referring to
alleged insider trading at

Princefield Investments?

Yes.

My mom discovered Fund 23
was making illegal trades.

She was very upset, and she
wanted to expose what she knew.

Did she tell you why she
didn't go through official channels?

Why she didn't go to the SEC?

She said she wanted
to remain anonymous.

She was afraid her career would
be ruined if she went public.

That's why she contacted
Mr. McClaren.

Did she tell you
how she contacted him?

Yes.

My mom was in Rome
for a business trip.

She knew Mr. McClaren was living
in Europe, so she spoke with him.

In person?

Yes.

And were you at
this meeting in Rome?

No.

Then how do you know Mr.
McClaren and your mother met in person?

She told me.

And she told me they
slept together.

Did your mother tell
you if she sought out

Mr. McClaren on her own volition?

What do you mean?

Did anyone force your
mom to meet with Mr. McClaren?

No.

Like I said, Princefield was breaking
the law, and my mom wanted to stop it.

So your mother told you
she voluntarily sought out

Mr. McClaren in Rome in
order to ask for his help?

Yes.

Did Mr. McClaren
agree to help her?

Yes.

He told her to go back to New York
and get records of the crime.

Then they would meet again.

And did that happen?

Yes.

She collected evidence
for several months.

And then they met
again in New York.

Where in New York?

At a hotel.

It's good to see you again.

You, too.

So Mr. McClaren showed up
yet again at your mother's request.

I'm not sure who
asked to speak to who.

Did you mother tell you what
happened the second time they met?

Yes.

Mr. McClaren attacked her.

Sorry about this.

I've learned it's
better to be discreet.

Oh, I understand.

Thank you for coming.

Sit.

Do you want a drink
or something?

No, thanks.

Do you mind if I smoke?

No, go ahead.

I was uncomfortable not
speaking to you directly.

Well, here I am.

What will happen at
Princefield after the news breaks?

The SEC will most
likely investigate, and your

colleagues will naturally want
to know the source of the leak.

But they'll never find out.

The encryption
code Mr. Simon gave me.

We're the only
ones who can unlock it, and

afterwards, there's no trace of
where the information came from.

And this whole process,
you oversee yourself?

I do.

So there's nothing
to worry about.

No, please, don't.

Sleeping with you in
Rome was a mistake.

Uh... I'm afraid this is something
I can't follow through on.

What isn't?

The leak.

I can't do it.

I'm sorry.

What did you say?

I'm not going to do it.

I just... I have to...
I have to consider my daughter.

So your mother
reported all of this to you?

Yes.

We were very close.

Why am I here, Naomi?

You already spoke to Rutger.

Why call me?

I just wanted to talk.

Just stop dicking me around!

I have waited six months
for this information!

All right.

You need to leave right now.

You think I
can't take what I want?

Why did you call me, huh?

Why did you call me here?

Stop it.

Stop!

Just to say no?

I don't think so.

Get off!

I think this is what you want.

Get off me!

If I give you what you
want, will you give me what I want?

Huh?

Get off!

I'm giving you
a chance to be a hero.

Oh, fuck!

I swear to God, you get
the fuck out of here right

now or I will call the police.

That'd be a
big fucking mistake.

If you care about your daughter as
much as you say... don't let me down.

That's quite a
dramatic account, Ms. Walling.

Objection.

A question would be helpful.

Ms. Walling, did you
witness the alleged assault you

just described?

No.

And have you ever had occasion
to discover your mother lied to you?

No.

Never.

Impressive.

I don't think most people could
say that about their mothers.

Objection.

What's the question?

Isn't it possible that
your mother may have lied

to you about what happened
with Mr. McClaren?

Why would she lie?

The whole reason she went to
Mr. McClaren was to tell the

truth about what she knew.

Isn't it possible that
your mother may have lied to you?

I knew her.

And I could see she was
telling me the truth.

When was the last
time you spoke to your mother?

I was out with friends.

She called to tell
me she loved me.

And, uh...
and that she was doing better.

I told her I loved her.

Then I went home later and...
found her dead.

I'm sorry, Rachel.

Aside from that, do you understand that
everything you said here today is

secondhand knowledge?

There isn't one detail you can
provide about these events

that you yourself witnessed.

Everything you can contribute
to this case-- absolutely all

your testimony--
is simply hearsay.

Objection.

Will you please refrain
from bullying my client?

Frankly, I'm surprised
counsel didn't caution you.

Despite your laundry list of accusations,
there's nothing you can prove.

You can't be certain your
mother ever met Mr. McClaren,

because you never
witnessed them together.

Isn't that correct?

Answer the question.

Do you have one shred of
evidence that you can provide

to support any of the claims
you've made here today?

Yes.

I have something.

Well, let me guess.

Your mother gave it to you.

Yes, she did.

But it belongs to Mr. McClaren.

He threw it at her.

Or so my mom said.

Any further questions?

None of that happened.

The girl fabricated
the whole story.

It doesn't matter.

How can the truth not matter?

What matters is
whose truth plays better.

And hers was quite detailed.

Lots of things are
detailed that aren't true.

Her level of sexual
detail was quite plausible.

That's because
you've never had sex with me.

Channing.

What makes that description
of me even remotely credible?

I know.

Let me be crystal clear.

I met Naomi Walling twice.

And beyond a simple handshake, we
had absolutely no physical contact.

I did not coerce her.

I did not assault her.

Now, I have nothing more
to add to this discussion.

Except that I'm hungry.

I'm going to get
something to eat.

Did Channing ever own
a metal cigarette case with

his name engraved on it?

Yes.

He lost it.

Rachel Walling has it.

She said that he threw it
at her mother in the hotel.

Well, she's a fucking liar.

Is she going to sink us?

I don't know yet.

But I still have one
more day to depose her.

The funds can be arranged.

Your money will
not be an issue.

That's very good news.

Thank you.

However, we cannot tolerate
a protracted trial.

If Ellen Parsons can't produce
results quickly, replace her.

- Well, I understand, but...
- This is not a debate.

Channing wants her.

You know how he can be.

I don't give shits
for how he can be.

If she fails, fire her.

I understand.

You were right
about my mom, by the way.

She is working there.

Something's got to
be seriously wrong.

Maybe your parents
just need a little extra money.

No.

She's hiding something worse.

I know her.

You didn't ask her what it was?

Nope.

She wanted me to, but for the first
time in my life, I didn't ask.

I don't have time in my life for
another Parsons family drama.

Okay.

I'm not going
to let her suck me in.

Okay.

I mean, why should I, you know?

It's enough already.

Chris?

Mrs. Parsons.

Oh, I didn't know.

I'm so sorry.

No, no, no, no, it's okay.

Come in, come in.

Are you okay?

I'm sorry.

No, it's okay.

Mom?

I'm-I'm so sorry.

What-what's the matter?

I'm sorry.

- I wouldn't have come, but...
- No, no, it's okay.

What-what's wrong?

What do you need?

Can I stay with you?

Of course.

Of course.

It'll just be a few days.

Oh, Ms. Hewes.

Did you want to see these?

What's that for?

It's her birthday, remember?

I thought Catherine may
enjoy choosing one herself.

Oh.

Oh, yes, of course.

Well, whatever Catherine
wants is all right with me.

I was thinking Catherine
could celebrate with

her preschool friends
on Saturday.

Happy to make a special
dinner on the night itself.

That sounds perfect.

Go away.

Catherine.

You know you're not
supposed to play with this.

Isn't it possible that
your mother may have lied

to you about what happened
with Mr. McClaren?

Why would she lie?

The whole reason
she went to Mr. McClaren

was to tell the
truth about what she knew.

She called to
tell me she loved me.

I told her I loved her.

And then I went home later and...
found her dead.

Are you able to save me?

You find a smoking gun?

I'm sorry, but there isn't one.

I have been through everything.

Here's the e-mail
correspondence between Rachel

and Naomi Walling over
the last six months.

Anything jump out at you?

No.

It's just
mother-daughter stuff.

They were close.

How close?

Very.

And I used the police report to
put together a timeline leading

up to Naomi's suicide.

Rachel is out with
friends, comes home, finds her

mother's naked body
dead in the tub.

It's horrible.

But nothing that contradicts
what she said the other day?

Nothing I could find.

Um, here are the phone
records from that night.

Hmm, there's
lots of blocked numbers.

Which could be McClaren, but
there's just no way of knowing.

I'm sorry.

I wish I could have
found something.

Ah, don't be sorry.

I can't find anything, either.

Why did you circle that call?

Oh, it seemed sad to me.

I just noticed that right before she
killed herself, she made one last call.

To Rachel.

Who was out with friends.

Maybe she wanted to
say good-bye to her daughter.

Hmm.

Kate, could you come
in early tomorrow?

Sure.

Good.

I'd like you to join
me at the deposition.

So I've straightened out our
financial situation for the moment.

Payment for work to date.

Thank you so much.

Please, have a seat.

Unfortunately, our donors'
enthusiasm for the cause

has also made them restless.

I've explained how things have
progressed so far, and they

don't have much
confidence in you.

They're not my client.

Look, Ms. Parsons,
I like you, I do.

You've won me over.

- But...
- But I don't make the decisions.

Without the generosity of our
benefactors, we cease to exist.

Even Channing can't
say no to them.

What are you telling me?

I've been given a directive.

If this deposition continues to
go south, we'll be forced to

find another attorney.

Mr. Simon, one
deposition does not make a case.

I'm afraid it might.

You all right?

What?

Are you all right?

- You seem...
- I'm fine.

This deposition today-- if it
doesn't go better than last week...

You'll have
a lot of work to do.

Well, I won't
have any work to do.

Ms. Parsons,
Ms. Franklin.

They're ready for you
in the conference room.

This way.

Here we go.

As I'm sure you're aware,
several of the e-mails in

the leak were written to you.

It's clear your mother
confided in you, trusted you.

Didn't she?

I told you, we talked a lot.

We were very open
with each other.

I was also looking at
the phone records from the

day your mother died.

Am I correct, she called
you several times?

Yes.

I'd like to
ask you about a few.

There was a call at 5:07 p.m.

Do you recall that?

A little after 5:00...
I was coming home from choir practice.

Um, I called about dinner.

She was upset and hadn't really
been eating, so I asked if I

could bring something
home for her.

Okay.

And then about a half hour later--
at 5:49 p.m.-- she called you.

Do you remember why?

She wanted me to buy
some newspapers on my way home.

I told her she should stop reading
them, they would only upset her more.

So what did you do?

She wanted me to
buy them anyway, so I did.

I see.

And then she called you again
about 40 minutes later.

Do you remember what
that call was about?

The subway had
taken longer than usual.

She was wondering where I was.

Got it.

Um, let's see.

There's another call I
want to ask you about.

It was later that
night at 11:01 p.m.

Am I correct, that was the last time
you ever talked to your mother?

Yes.

Do you recall
what you were doing?

As I said before, I was out.

A friend's parents had
just gotten divorced.

So a few of us were
trying to cheer her up.

My mom called to check on me.

Are-are we done here?

I still have 20 minutes.

My client is exhausted.

She needs a break.

We only agreed on one break.

But I can see that Rachel
is tired, so sure.

Let's take five.

- Are you all right?
- Yeah.

Oh, it's a long day.

How are you holding up?

I'm fine.

No, you're not.

You're fishing in there.

You should be going for the jugular,
not going through phone records.

Well, don't beat
yourself up, Ellen.

Sometimes the facts just
aren't on your side.

There aren't
any facts in this case.

You said so yourself.

It's just you against me.

Well...
you've got 20 minutes.

Good luck.

Thanks for
hanging in there, Rachel.

We're almost done.

Ms. Franklin, can you tell
me when 20 minutes is up?

I don't want to keep Rachel
any longer than I have to.

Of course.

Thanks.

I'd like to go back to
that last phone call.

The night your mother
died, you went out?

Yes.

You said your mother seemed
upset, but you left her alone.

Why?

I told you.

My best friend was having a
tough time, and my mom had my

cell number, so if she
needed anything...

...she could call me.

And she did call you.

To "check on you," you said?

Yes.

And that was the last
time you ever spoke to her, right?

Objection.

Asked and answered.

What did she
say when she called?

Mom, hi.

That she loved me.

And I told her I loved her.

You got to
tell her you loved her.

I'm sure that
must be a comfort.

Yeah.

Can you walk me through
that final conversation?

What do you mean?

Well, um, you seem
to have an excellent memory

for conversations
with your mother.

I imagine the very last time you
ever spoke to her must be pretty

clear in your mind.

Am I right?

Yes, I remember it.

How did the conversation start?

She called.

Hi...

I answered and asked
how she was feeling.

She said she was doing better.

What did you say?

I said... "Good."

Good.

Then she asked when I would be
home, and I said that I wouldn't

be too late.

And then...?

She said not to worry.

She was doing better.

So she said she
was doing better twice?

Yes.

Then what?

Um, well, she said not...
she said not to worry about her.

That I should talk to my friend
and try to cheer her up.

And then what?

I said, "Are you sure?"

And she said, "Yes."

And then I told her
that I loved her.

Is that when she
told you that she loved you?

Yes.

I said that I would
see her soon.

She said good night...
and then I said good night back... and

then she hung up.

And that was it?

She didn't say anything else?

No.

That was all.

Okay, Rachel.

I'm going to read back
the phone call to you.

Stop me if I'm getting
anything wrong, okay?

"Hey, Mom, how
are you feeling?"

"I'm doing better."

"Good."

"When will you be home?"

"Not too late."

"Well, don't worry
about me, Rachel."

"I'm doing better."

"Talk to your friend."

"Try to cheer her up."

"Are you sure, Mom?"

"Yes, I'm sure."

"I love you."

"I love you, too, Rachel."

"I'll see you soon."

"Good night."

"Good night."

Does that sound about right?

Yes.

Ms. Franklin, could you
hand me the phone records, please?

Rachel, do you see the
column with the dates?

And the highlighted
call at the bottom?

Yeah.

That's the call
you just described.

Next to it, you can see how long
the call lasted for according to

the phone company.

What does that say?

Two seconds.

Now, while I was
recounting your version of the

call, Ms. Franklin was timing
it, and according to you, the

conversation would have
lasted at least 25 seconds.

There's no way that you could
have said all of that to each

other, could you?

Objection.

The plaintiff does not
accept your timing as fact.

Well, you can
argue that in court.

My question to Rachel is, what
really happened at 11:01 p.m.?

That two-second call went to voice mail,
got disconnected or you ignored it.

What you just recounted is the phone
call that you wished you'd had...

Objection!

Speculation.

No... Ms. Parsons...
you're right.

We didn't even speak.

I just missed the call.

Yeah, Mom?

Mom?

I answered, but she...
she'd already hung up.

Okay, it was just my mom.

I'll call her later.

Should we get food?

You didn't call her
back, so you feel guilty...?

So you made up that whole
conversation, didn't you?

We're done here.

My 20 minutes aren't up,
and she is required to answer.

Yes, I made it up.

And how do we know
you haven't been lying about

everything you've said throughout
this entire deposition?

You don't have to answer that.

Now we're done.

It's been a long time
since I was part of a deposition.

It's also been a
long time since you've been

across the table
from Patty Hewes.

Well...
the case back then was a lot different.

For one thing, I lost.

So you've already
got one on me.

Ooh!

Mmm.

Look what we have
for our special girl.

Happy birthday, Catherine.

Happy birthday.

Wait, wait, wait, wait.

Don't-don't you...
don't you want to make a wish?

No, thank you.

Yes, Perry?

Here we go.

Ah!

What, she's here now?

Well, yeah, all right.

Yes, okay.

Yeah, let her...
let her come up.

All right, now, let's see.

What side shall we cut from?

It's so big.

A big piece, huh,
for a big girl?

Hi.

I'm sorry to disturb you.

No, not at all.

What can I do for you?

Nothing, really.

Uh... you just haven't returned
his messages, and, um...

well, I just thought you should
know that he wants to talk to you.

Why would he
possibly want to do that?

Because he's dying.

Well, thank you for coming.

It's my granddaughter's
birthday, so got to get back.

Well.

You've been told.

Good night, Kate.

Good night.

♪ When I am through with you ♪

♪ There won't be anything left ♪

♪ When I am through with you ♪