All language subtitles for D S05E03 Failure Is Failure 720p AMZN WEB-DL DDP5 1 H 264-playWEB (1)_track3_[eng]

Previously onDamages...

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.

An old friend of yours
already offered me one.

So how about you double
the girl's offer?

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
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.

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.

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 at00.

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.

Ellen Parsons is coming over
to talk to me.

Namaste, bitches.

In order for the standard
of wrongful death to apply,

the plaintiff has to prove

that you harmed Naomi Walling
intentionally,

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
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.

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.

No, 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,

um, 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 know it's not easy.

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

So, um...goodbye.

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.

She wouldn't be suing 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.

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.
Sounds like you're needed.

Um...it was great
to see you.

It's great to see you.

Oh, uh, tell your mom
I said hi.

I will. All right,
you take care, okay?

Okay.

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.

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.

Anyway.

How are you?
How's your week been?

It's funny because, uh...

you know, I'm working
at the 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?

Hi. No, I'm good.Sit.

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.

Even more important
than the questions

are your answers, right?

Just 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.

Don't be a smartass.
No sarcasm, no jokes, no...

Thank you, Bill.

Hmm.

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 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.

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?

What--
Is everything okay?

Oh, yes, fine.
It's fine.

Then why didn't you tell me?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.

I'm learning a ton
about business.

Truly,
I couldn't be happier.

Okay. 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.
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 is 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 your 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.

No, 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!
To say--

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,

and 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 even 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 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.

What makes that description
of me even remotely credible?

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.

She's a fucking liar.

Is she gonna 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
must 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 gonna 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.

It's okay.
Mom?

I'm-I'm-I'm so sorry.

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.

I'd be happy to make
a special dinner

on the night itself.

That sounds perfect.

You know she likes that paella
that I make sometimes.

So I think I'll do that one.

That's a great idea.

Her little friend Samantha
would be a favorite of hers.

I know she loves her.She's a cute kid.

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 goodbye
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 at07 p.m.
Do you recall that?

A little after00...

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

at49 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
at01 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.

All right?
Yeah.

Oh, it's a long day.

Ha.

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.

I'm sorry.

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.

I answered and asked
how she was feeling.

She said
she was doing better.

What did you say?

I said..."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...
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 at01 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 had already hung up.

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.

Then 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, hoo, hoo.

Ooh, 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.