NARRATOR: Previously on Damages.
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.
JOE: 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.
PATTY: 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.
(MONITOR BEEPING)
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.
HUNTLEY: 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?
(LAUGHING) We tell her.
(WHEN I AM THROUGH WITH YOU PLAYING)
♪ Little lamb ♪
♪ Smile ♪
♪ 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 ♪
CURTIS: The conference room is just over here.
Can we get you some coffee?
PATTY: No, thanks.
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.
(LAUGHING) 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.
(SCOFFS)
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.
(DOOR CLOSING)
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 on board.
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.
MICHAEL: 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.
HUNTLEY: 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...
(SIGHS)
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.
(LAUGHS)
(CLEARING THROAT) 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.
(UPBEAT MUSIC PLAYING)
(DOOR CLOSING)
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.
(CHUCKLING)
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 thought your point of view might be useful.
You should've just said so. I'd be happy to give you my insight.
RACHEL: 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.
(SIGHING)
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.
(SIGHING)
(SIGHS)
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!
(BOTH LAUGHING)
You got me!
(YELLING)
Where are you? Kevin? 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?
(BIRD SQUAWKING)
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.
(KEVIN CHUCKLES)
(CLUCKING) 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.
(SIGHS)
Look familiar?
Yes, except for that.
Welcome back. A.D.A. Gates. Tom.
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?
(SIGHS)
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.
LOUIS: Marilyn, I... My chest. I...
Where are your pills?
(LOUIS GRUNTING)
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.
(BREATHING HEAVILY)
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?
(GASPS)
I'm sorry.
PATTY: 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.
(LEONARD SIGHING)
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.
PATTY: Where are you? Oh, God damn it!
Tell me what's going on.
Nothing is going on.
Tom, we have to talk.
Tom?
(BANGING ON DOOR)
Tom?
Patty, I gotta go.
HUNTLEY: 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.
(LOUD KNOCKING ON DOOR)
(BREATHING HEAVILY)
(KNOCKING CONTINUES)
(PHONE RINGING)
Hello? MAN: Are you alone?
(MAN BREATHING HEAVILY)
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.
(LOUIS LAUGHING)
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.
(PHONE BEEPS)
Mr. Tobin?
(PHONE RINGING)
Yes?
I think he may be turning over a new leaf.
Looks like he's staying away from the stuff.
(FOOTSTEPS APPROACHING)
I'm ready, Karl.
Well, keep an eye on him, will you?
I want to make sure he stays out of trouble.
(SOFT MUSIC PLAYING) 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.
(SIGHS)
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.
(LAUGHING)
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.
(BREATHING HEAVILY)
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!
(SOBBING) I told you not to go through with it!
I told you to stop! I told you! I told you to stop!
(WHEN I AM THROUGH WITH YOU PLAYING)
♪ 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 ♪