Y&R Transcript Monday 9/3/18

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Episode #11437 ~ Lily prepares for her day in court, while Devon faces a tough decision.

Provided By Suzanne

Lily: Devon having a baby with you is the worst idea he's ever had! You have no business being a mother!

[ Trunk horn blaring ]

Shauna: You caused it, lily! You're the one who ran through that red light, and hilary is dead because of you.

Devon: There's not an excuse for making the kids lie like that. If shauna had never spoken up, you weren't gonna say a word.

Lily: I had a right to know! Cane, I lied to the police!

Cane: You didn't lie to the police. You told them exactly everything you remembered.

Michael: If the judge wanted to make an example of lily, she could be looking at up to 20 years in the state penitentiary.

Devon: You know, you don't have to speak at all if you don't want to. It's completely your decision.

Shauna: No, I want to do it.

Cane: Tomorrow, when we go in that courtroom, I have the faith that not only will we survive it, but we'll come out the other side stronger.

[ Alarm clock chiming ]

Lily: Once my feet hit the floor, how many steps until I'm out of the house and into the court?

Cane: Well, it's still early, you know. We have time, and I want to spend it right here with you.

Lily: I know, but we have so many decisions that we have to make, you know? We have to talk about the kids and the house and bills...

Cane: We've been doing that for weeks, and you know what, I've been taking notes. This moment's all about us.

Nate: Good morning.

Shauna: Hi.

Nate: How are you?

Shauna: I'll be ready in a few minutes.

Nate: Oh, no, that's okay. I was, uh -- I came by to see devon, see how he's doing. It's gonna be a hell of a day. For all of us.

Shauna: Devon's not here.

Nate: What?

Shauna: When I woke up, he'd left me a note saying that he had to go out.

Nate: To do what?

Shauna: He didn't say.

Nate: Have a seat. I'm sure devon will be back soon. How are you feeling?

Shauna: I'm not sure.

Nate: Yeah, well, it's okay to feel conflicted. There's a lot of emotions at play today.

Shauna: I know. But you didn't do anything wrong.

Nate: None of us did. Not intentionally.

Shauna: I did.

Nate: No.

Shauna: All of this is my fault. If I didn't have charlie over that day and then turned into a total mess and ran off, this never would have happened. Hilary would still be alive. And the baby... I just -- I'm so sorry.

Nate: No, no, no, no, no. Come here, come here, come here, come here. Come here. No one blames you. And don't blame yourself. There's no use playing that "what if?" We can't see the future. And we can't change the past, either. It is what sucks about being human, but it's also what's most beautiful about it. All we can do is accept the things we can't change and move forward the best we can. Okay?

Shauna: [ Sighs ] I just wish I had some idea how. I'm so scared.

Nate: I know. I know.

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Michael: Ah. No extra points for getting here first.

[ Sighs ] The pressure of holding people's fates in our hands. You and I, we're used to it. I have to say, this case...

[ Sighs ] It's hitting very close to home.

Christine: Lily and devon are both great people.

Michael: Mm-hmm, from a great and very close family that's now in pieces.

Christine: It's tragic on every level.

Michael: Does that mean you've possibly re-thought your stance on the penalty in this case?

Christine: You know I can't do that.

Michael: Just needed to ask.

Christine: I'd expect you to, and I'm sure you're gonna fight with every weapon in your arsenal for your client. Lily's lucky to have you.

Michael: Thank you. I still hope you do miserably today.

Christine: I'd never assume otherwise.

Michael: Coming in here with a client pleading guilty, that just fires me up. Makes me more determined than ever to make the judge see lily is someone who deserves mercy.

Christine: And if that doesn't happen?

Michael: Let's not kid ourselves. Life as lily knows it ends right here in this room.

Lily: It still boggles my mind that I might not be sleeping with you in this bed tonight. Or any other night for -- I mean, it could be years.

Cane: Yeah, but the key word is "might," okay? Because nothing's been decided yet.

Lily: Cane, we have to be realistic.

Cane: You know what, I promise you one thing -- I love you. I'll always be by your side, okay? And so will the kids. You can always count on me.

Lily: That's four things.

Cane: Really? It was four?

Lily: Mm.

Cane: I wish it was more.

Lily: That's what gives me the strength to get through whatever I have to, because of our family and because of you.

Cane: Come here. It's gonna be okay.

Mattie: Wow. You used the juicer.

Charlie: And the waffle-maker. They're a little gloppy compared to dad's, but I think maple syrup should cover that. I'm also brewing coffee.

Mattie: Wow. I think it's really nice of you to make breakfast.

Charlie: It's a little more basic than mom deserves, but... I just want her to see that we're trying, putting forth an effort into being positive.

Mattie: If I don't eat much, it's not a critique. My stomach has been in knots.

Charlie: Yeah. I got like 2 hours of sleep the whole night. But it doesn't matter. We got to stay positive for mom and dad.

Mattie: Yeah, all bracing for the worst.

Charlie: Look, come on, let's not do this right now.

Mattie: We have to. Mom pled guilty. The district attorney is gonna try and nail her.

Charlie: Mr. Baldwin's like a superstar. He's not gonna let that happen.

Mattie: The judge decides, and he could seriously make this the last breakfast that we all have together for decades. And there's nothing you and i or anyone else can do about it.

Shauna: I'm supposed to give my victim impact statement, but I'm afraid it'll only cause more damage. Devon and hilary have treated me so well, and I want to do right by them. I owe them that. But hilary's gone. And devon is never gonna get her back. But lily still has her life. And what I say could affect how she gets to live the rest of it.

Nate: No, no, no, no. The judge is the one that's responsible for her punishment, no one else.

Shauna: But a lot of it must be based on these victim statements.

Nate: Maybe, but nothing is going to bring her back. Listen, I meant what I said that no one blames you that she's gone. Okay? You have to do what's good for you, follow your gut.

Devon: What's going on?

Nate: I just came to check on you, man.

Devon: I just needed to go take a walk and clear my head.

Shauna: I'll be upstairs.

Devon: So, what's going on here?

Nate: Listen, I don't want to put any more stress on you today.

Devon: Then why do I feel like you're about to?

Nate: Neil got a call at 4:00 this morning.

Devon: Is everything all right?

Nate: Sofia was admitted to the hospital last night. Doctors think it's complications from her car accident last year.

Devon: Oh, geez. So neil left, or what?

Nate: By 5:00 A.M. He was on the jet headed out.

Devon: Okay, I should call him then.

Nate: No, no, no. He wanted me to tell you that he wants you to focus on today. He'll keep me updated on her condition.

Cane: Wow. What's all this, huh?

Lily: Oh, my gosh.

Charlie: Mat and I wanted to start the day off right.

Lily: Oh! This is amazing.

Cane: It smells fantastic.

Lily: Yeah, and I am starved. Thank you. Ooh! Is that fresh-squeezed orange juice?

Cane: You did that?

Charlie: Uh, yeah. Mattie was taking care of sam.

Cane: Oh, thank you, baby girl.

Mattie: Yeah, I fed him. He's sleeping in now.

Lily: Well, before we leave, I'll, um... I'll say goodbye.

Cane: Okay, come on, let's eat these waffles while they're hot, all right? Here, love, you want two?

Lily: Yeah. Thank you.

Devon: Nate, I have to ask you about when I walked in here. Were you trying to convince shauna not to give her statement in court today?

Nate: I wasn't trying to influence her. Not at all.

Devon: Okay, then what were you trying to do?

Nate: I was trying to show a young girl some support who's wrecked with anxiety and guilt, who confided in me how she feels under pressure about the consequences of what she might say today.

Devon: She feels guilt?

Nate: She thinks she's responsible for hilary's death, and I tried to make her feel better. Just like I did for everyone that's caught up in this nightmare.

Devon: And I assume that you're gonna try and pitch me to go easy on my sister.

Nate: A very short time from now, neil's two children are going to go into a courtroom. One of them is fighting for her freedom, and the other is hell-bent on making her pay. You are grief-stricken and furious, and you should be! And anyone would want to lash out, of course. I get it. But have you calmly considered the consequences of your actions if you do? Because this judge today is going to hang on your every word, and he's the one that's going to decide if and for how long your sister is going to go to prison. Your sister! Lily! How do you think she's going to fare in prison with psychopaths and murderers? Are you comfortable with yourself if somebody else's life from this family gets destroyed, and you could have prevented it?

Devon: I don't need you to talk to me like I don't know what's at stake, nate. This is everything in the world that matters to me.

Nate: I'm not trying to tell you what to do, man. I just don't want you to walk out of the courtroom with regret.

Devon: I need to get ready.

Lily: Listen, I know it's been hard thinking about anything else except for family drama during the summer, but, you know, make sure that you guys find time to do fun stuff, too, you know? Especially with the demands of senior year.

Cane: Yeah, your mum's right, okay? Minimum of 5 hours of fun each week, all right?

Lily: Yeah, and whatever that is. That could be school clubs or trips or hanging out with your friends.

Mattie: Okay.

Charlie: Well, um, since you brought it up... I just thought I'd let you guys know that I talked things through with shauna, and, um, we're gonna get back together.

Lily: That's great. You know, look, we know how much you care about her, and if that's what you want, then your dad and I will support you.

Charlie: Really? I mean, yeah, that's awesome. That's really cool.

Cane: Yeah, yeah, but this time it'd be nice if you could follow our rules, okay?

Charlie: For sure. I will. Not a problem.

Lily: I know. I believe you. And, you know, after what you've been through, you and shauna deserve some happiness. And you, too, mattie, okay? That's all that I want for my kids, is just to be happy.

Shauna: I just can't believe it. With everything going on, that's the last thing that neil needed.

Nate: I know. He did the right thing, though. He can't be everywhere at once. Devon understands.

Shauna: Have you called lily?

Nate: I'd rather tell her in person.

Shauna: Makes sense.

Nate: Yeah.

Devon: It's time to leave. Let's get this over with.

Nate: Come on.

Cane: Bridgette's with sam, so we should get going because parking at the courthouse is gonna be terrible.

Lily: Yeah, thank you. Hey, mattie. Um, you've been really quiet at breakfast. Why don't you just talk to me, tell me what's going on?

Mattie: I'm okay. I am. And we don't want to be late.

Lily: No, we won't be. But you can talk to me.

Mattie: I'm really, truly fine, so don't worry.

Cane: Hey. You ready?

Lily: Yeah.

Cane: Come on. You guys. You guys, come here. All right, listen. We can do this. Okay? We can do this. I know it. All right? Okay?

Lily: Okay.

Cane: All right. Come on, let's go. Come on, guys.

Lily: Uh, I'll actually meet you at the car. Yeah.

Cane: All right.

Michael: Mm! How you holding up?

Lily: Um, all things considered, you know.

Michael: All right. So, are you both clear on how this hearing will proceed?

Cane: Yeah, you laid it out for us already.

Michael: Any other questions I can answer?

Lily: Not right now. Thank you.

Michael: All right.

Cane: Okay.

Lily: Hey.

Nate: Lily. Cane.

Cane: Hey.

Lily: I thought my dad was gonna be with you.

Nate: Yeah, about that...

Lily: Something wrong?

Nate: No, no, no. Neil's fine, but sofia was admitted to the hospital last night.

Lily: Oh, my god.

Cane: Is she all right? What happened?

Nate: They think it's some minor residuals from the car accident, but neil was on the jet before the sun came up. But he wants me to let you know that he wanted more than anything in the world to be here with you today.

Lily: I understand. I would have done the same thing. Poor moses.

Cane: Yeah, I know.

Nate: How are you feeling?

Lily: [ Sighs ] I'm -- I'm ready for this.

Nate: Good for you. And just know that when you feel those positive waves hit you, they're coming from your dad. And I'll send a few your way, as well, okay?

Devon: You know, you wait for a day to come and spend so much time thinking about, and when it's finally here, it'S...

Shauna: I wasn't sure where I'm supposed to sit.

Christine: Oh, yeah, not the most welcoming space, I know. You and devon will sit right near me. You're still okay about today? Okay, well, I'm happy to hear that. Why don't you take your seats? We're gonna start soon.

Shauna: I'll be back in a sec.

Devon: Sure.

[ Pen clicking ]

[ Heart beating ]

[ Beating continues ]

Michael: Stand up.

Good morning, all. Please be seated. In the matter of the state of wisconsin vs. Lily ashby, we're here to determine sentencing.Pre-sentence investigation report that contained the circumstances of the offense and provided background information on the defendant. Now, in this case, there was no recommendation for sentencing. Counselors, have you read this document and found it to be accurate?

Christine: We have.

Michael: We have, your honor.

Then let's proceed. Ms. Williams, would you please relate the state's position on this sentence?

Christine: Per the report, mrs. Ashby has pled guilty to two counts of homicide by negligent operation of a vehicle, charges punishable by up to 20 years' imprisonment and a combined fine of $50,000. Mrs. Ashby is responsible for the death of hilary curtis hamilton, as well as her unborn child. Now, the state acknowledges the profound tragedy of this case,n obligation to the people of wisconsin to ensure them that when the law is broken, it needs to be respected, adhered to, and the guilty party must pay the appropriate penalty.Eason, your honor,I ask you to impose the maximum sentencE.

Thank you, mswilliams. Mr. Baldwin.

Michael: Your honor. Like district attorney williams, I have a deep and abiding respect for the law. I agree that no crime should go unpunished. However, in this case, the maximum sentence that is demanded by ms. Williams is glaringly disproportionate to the offense committed, especially when you consider the major mitigating circumstances involved. The defendant is a first-time offender with a spotless record. She is an upstanding citizen, businesswoman, wife, and mother of three. Society will not benefit from this defendant's incarceration be it for two years or two decades, and neither will her children. Therefore, we must implore the court to show leniency in this case.

[ Sighs ] Probation, community service, and $50,000 in fines. I trust that your honor will concur as to the fairness of this punishment. Given the relevant circumstances, anything harsher would not be in the best service of justice. It would only make an already heartbreaking misfortune that much more agonizing.

Thank you, mr. Baldwin.

If the defense has nothing further, we'll move on to the victim impact statements.

Michael: Your honor, we do have something. The defendant's husband cane ashby would like to speak on her behalf, if the court will allow. He has information relevant to the case.

I'll allow it. Mr. Ashby?

Cane: Thank you, your honor. If there's anyone in this case who should be held accountable for any deliberate wrongdoing, it shouldn't be lily, sir, it should be me. At the time of the accident, lily didn't know that she ran a red light, and then the night of the crash, my son charlie, who was sitting in the back of the car, he told me what happened, and I had this information, but I chose not to say anything to anyone, and I told my son to keep quiet about it, as well, and not let anyone know, including lily, which is why when she went to the police the first time, she didn't know that she was at fault. You see, sir, I'm a liar, and i lied to cover up what happened. And if there is anyone here who should be prosecuted, sir, it should be me because, unlike lily, I knew better and I did the wrong thing. And if I could change places with her right now, I would do it, but I can'T. So to punish her for my mistake would be a terrible injustice because she's the most ethical person I know, and I don't deserve her. If I could ask you anything, what she deserves, sir, is for you to give her, please, the lightest sentence possible. Thank you, your honor. That's all I have to say.

The court appreciates your candor. Thank you, mr. Ashby.

Cane: Thank you, sir. Thank you.

Ms. Williams, you've submitted two victims wishing to make impact statements -- devon hamilton?

Christine: Yes, husband of the deceased, brother of the defendant.

And shauna nelson.

Christine: Until her death, mrs. Hamilton was her guardian.

And who will we be hearing from first?

Christine: Ms. Nelson, your honor.

Whenever you're ready, ms. Nelson.

Shauna: Hilary curtis hamilton was my mentor, my role model, and my friend. It took her less than one school year to completely change my life. She didn't just show me a world I never dreamed I'd see. She made me believe that I could be a part of it by making me a part of her family and caring about me in a way that I never thought that anybody would. And then she was gone and never coming back. I never thought that a person could hurt so much and still be alive. But we're all hurting. And no matter how painful and unfair and messed up it is, lily didn't do this on purpose. I don't want my friends charlie and mattie to lose their mom like I lost hilary. She showed me that miracles are real things that actually happen. And if your honor won't come down on lily too hard today, a miracle can happen for her and her family. And I know that they would be just as grateful for it as I still am for mine. That's all.

Thank you, ms. Nelson.

Devon: I'd just like to say thank you for this opportunity to speak, your honor.

Devon: Your honor, I'd like to start by telling the court about what an exceptional woman hilary curtis hamilton was. She was intelligent, she was successful, she was beautiful, she was vibrant, and she was the love of my life. And I mourn not only her, but the child that we were meant to have. We had just recently gotten back together, and I had been given a second chance at the kind of happiness that most people are never fortunate enough to get, and I never took that for granted. And today, I hear a lot of people in this court asking for my sister to get a second chance so that one tragedy doesn't turn into another one. And I understand why they're doing it, I understand that they're all just fighting for what they believe in and what they think is right and fair, but, sir, I am here today doing the exact same thing. I'm here fighting for what i believe in, and I know that the defense would love for this court to believe that this case is simply about one argument that led to lily running the red light, but, in reality, it's about years and years of anger and hostility and resentment from lily towards my wife and about how she would take every opportunity to criticize hilary and literally say out loud how much she despised her and wished that hilary would be out of my family's life for good, and, your honor, I believe on the day of the accident, lily got her wish. Because she was so focused on attacking my wife's character, the way she so often did, that she completely disregarded the safety of not only everybody in the car with her but everyone she was sharing the road with. And there's a reason why this case is being labeled as a vehicular homicide and not a vehicular accident. There's a reason why this is a felony and it needs to be settled in the court of law. And I understand that a lot of people that I love are hurting and they will continue to hurt, but all of it falls on the shoulders of my sister because of the choices that she made. Now, I'm here today representing my wife and my child, who have no voice, and I say that actions deserve consequences, especially when those actions have resulted in the death of two irreplaceable lives. Your honor, my sister needs to answer for what she has done to the fullest extent of the law.

Does the state have anything more, ms. Williams?

Christine: No, your honor.

Mr. Baldwin?

Michael: Your honor, my client would like to speak.

At this time, mrs. Ashby, be advised of your right to allocution. The defendant may make any statement desired to this court before sentence is passed.

Lily: I would like to express regret for my actions and their consequences and remorse for the pain and sorrow that I have caused my brother and entire family. Nothing can take that away, and I have no excuses. Just my deepest apology for driving while I was so upset, when I know better, and for fighting with hilary that day. I wish that I had been able to accept her as the woman in my brother's life and let go of my resentment and anger from over the years. It was such a waste of precious time. But I would do anything to have hilary back in devon's arms and to welcome their new baby and start over. But all I can do is promise that for the rest of my life, I will make up for it and ask for my brother's forgiveness. Thank you.

I will retire to my chambers and determine sentencing in this matter, then return with my decision. Court is in recess.

Cane: Come here. Come here.

Cane: I'm proud of you. The judge knows you spoke from your heart. You can hear it, okay?

Mattie: I'm sorry I missed the beginning of it. I tried so hard not to cry, and when I couldn't stop, I thought it'd be best to step outside.

Lily: No, you don't have to apologize. You heard the most important part, right?

Cane: Yeah. I found her on the steps of the courtroom being tough, and then she wanted to come back in.

Mattie: I didn't want to miss a minute, and I'm fine now. It was just rough hearing uncle devon say those things.

Charlie: I can't believe after everything he heard in here and before, he's still asking for the maximum punishment. What's wrong with him?

Mattie: I thought when it came down to it in court that he would realize he couldn't do this to you. Or to us.

Michael: Well, I think we all thought that.

Cane: Yeah, will excuse me? Hey. Can I talk to you, please? Look, I know this isn't easy for you to admit it, but it couldn't have been -- it couldn't have been easy for you to listen to your sister beg for forgiveness like that, you know, knowing now she can face 20 years in prison.

Devon: Well, you know, I -- I did what I thought was right.

Cane: And what about now? Just be honest with me. Do you regret what you said to the judge? I mean, do you really think that after condemning lily, you're gonna wake up tomorrow morning and you're gonna feel better than you did this morning? Do you think that you're not gonna wonder how she feels behind bars, locked up, with her life falling apart, with my kids' live falling apart? Listen. I know it's not easy for you to accept her apology, but I know, given time, that can change, and I know you can find it in your heart to forgive your sister.

Devon: I've tried to do that.

Cane: Really. You managed to forgive your father after he betrayed you and hilary, after your honeymoon. He locked her up in a boathouse on purpose. What lily did was an accident, and what he did was deliberate, and somehow you managed to open your heart and let him back in and the two of you healed. Devon, you can do that again.

Devon: [ Chuckles ] I wish I could believe that.

Cane: All you got to do is believe it. This hearing's not over. It's not over. You still have the time to make this right, and that's all I'm asking you to do.

Everyone, take your seats.

[ Gavel bangs ] Order in the court. On the issue of sentencing in this case, I have reached a decision.

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