Y&R Transcript Tuesday 9/4/18

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Episode #11438 ~ Sharon questions Tessa's motives, and Lily's fate is decided.

Provided By Suzanne

Mariah: I supported you when you told me that you and nick were getting back together. So right now I'd really like you to do the same. And I don't know where this relationship is going, but I want to find out.

Lily: Does my sentence start right after the hearing tomorrow?

Michael: I'm afraid that's how it works.

Christine: Mrs. Ashby has pled guilty to two counts of homicide by negligent operation of a vehicle. Charges punishable up to 20 years' imprisonment and a combined fine of $50,000.

Devon: She completely disregarded the safety of not only everybody in the car with her, but everyone she was sharing the road with. My sister needs to answer for what she has done, to the fullest extent of the law.

On the issue of sentencing in this case, I have reached a decision.

Will the defendant please rise? Having weighed the evidence, the statements made, and the circumstances prior to and after the fatal incident that took the lives of hilary curtis-hamilton and her unborn child, I have reached a decision. The deceased can no longer speak for themselves, so it is the duty, the solemn responsibility of this court to deliver justice for them. Therefore, after careful deliberation... I sentence you to --

Devon: I can't let this happen.

Mariah: Why did you want to talk down here?

Sharon: Because we need to discuss tessa. Nick is due back tomorrow. Obviously she can't stay here.

Mariah: After everything tessa went through to get her sister out of the country, you just want to kick her out?

Sharon: I sympathize. But...

Mariah: Tessa risked everything to make sure crystal was set up with a new life, that she was safe. Tessa has no job. No money. And she lost her apartment. She's basically starting from scratch.

Sharon: And i appreciate that. But...

Mariah: She came back to be with me. Me.

Sharon: Don't say that like you're not worthy. Anyone in their right mind would move mountains to be with you. And don't you forget it.

Mariah: Do you see the way that you just stood up for me? Where is that understanding and that compassion when it comes to tessa?

Sharon: You are my daughter. And she's not. You're my priority. And I don't want tessa taking advantage.

Mariah: Mom, do you want me to be happy?

Sharon: I do. I really mean it.

Mariah: Okay, great. She makes me happy. And she risked everything to come back here because... she says that I make her happy, too.

Sharon: Well, that's wonderful, sweetheart, but -- wait. What do you mean? What did she risk to come back here?

Mariah: I mean, I just mean the people that she was dealing with that helped get crystal out of the country, that's all.

Sharon: She said she was done with them. That that's behind her. You see, I don't entirely believe her story about what happened when she was gone.

Mariah: Okay --

Sharon: Which makes me reluctant to have her stay here.

Christine: Your honor, I apologize for mr. Hamilton's outburst. He was overcome. Please forgive the interruption.

Devon: No, there's more that I need to say.

I understand feelings are running high here, but I've reached my ruling.

Michael: Your honor, with all due respect, since mr. Hamilton is the party most deeply affected by these circumstances, perhaps he -- he should be heard.

Christine: He was heard. He's obviously upset.

Devon: I lost the woman that I love, okay? I think that "upset" doesn't even begin to cover it.

Christine: Your honor --

I'll allow it. But please be brief and to the point.

Devon: I really appreciate this. Um... when I was writing the statement that I gave earlier, it took me a very long time to get through it, because every time I would get to the word "defendant," I would think of my sister as the person I know her to be. And that's a strong girl who befriended a poor kid and gave him a family. And I-I didn't want to think of her like that, so I just pushed through, and... by the time I got to the end of it, the word "defendant" just became this faceless person that I was able to blame and hate. And, your honor, that is why I was able to ask for the maximum sentence. And then you said that the deceased don't get to speak for themselves. But I literally can't get my wife's voice out of my head right now. And this is not what she would want. It'S...

[ Sighs ] I was so focused on getting justice for her and my child that I completely blinded myself to the person that gave me a family in the first place, and who gave me the dream to even have kids of my own. I was there when her children were born. I saw their first steps. I heard their first words. And I can't imagine them going into adulthood now without their mother by their side, and knowing that I'm the reason for that. She's not a stranger. She's my sister, and I know that the same grief, and the same pain that I feel, she feels it, too. And knowing how deeply she loves, the guilt from this is gonna stay with her for the rest of her life. I have no doubt of that. And I believe -- and I know that hilary would agree -- that that's punishment enough. So I'm asking you to please let that be enough.

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Tessa: I'm glad I caught you before work. I-I'm leaving today, and I just wanted to say thank you for letting me crash here. Especially after the way I just showed up and scared you guys.

Mariah: Hey, you're the one that had a gun pulled on you.

Sharon: Oh, I want to apologize again for rey's overreaction.

Tessa: Well, hey, at least he didn't shoot me.

Mariah: Where are you gonna go?

Tessa: I'm considering a few different options.

Mariah: Tessa, you're just doing this because you heard us talking.

Tessa: Hey, I-I came back to see you. I-I didn't expect to move in.

Mariah: Why not? At least for a little bit? You need help. I want to help you.

Tessa: It -- it's not your house. Plus I really don't want to disrupt sharon and nick's lives.

Mariah: Tessa, you have nowhere else to go.

Tessa: I'll figure something out.

Sharon: You're very resourceful.

Tessa: Look... after everything I've done, I understand why you don't trust me.

Mariah: I believe in you.

Tessa: Which makes me very lucky.

Sharon: You are. You know, it's not often someone gets a second chance to make things right.

Tessa: Which is why I came back.

Sharon: I don't want to be late for work, so, um... I'll be at crimson lights if you need me.

Tessa: Well, I got to get moving, too. I got to find a job and a place to live.

Mariah: Are you sure about what you said? About coming back to be with me?

Tessa: 100%.

Mariah: And you'll stay?

Tessa: I want to. But I owe a lot of money.

Mariah: Yeah. I just don't know how you're gonna get that much cash together.

Tessa: You know, hey, don't worry about it. Somehow, I will find a way. Because I never want to have to be on the run again. And I never want to run away from you again.

I want to know why you changed your mind after your earlier statement.

Devon: I thought about it.

Thought? That was your motivation? Or were you pressured in some way by members of your family?

Devon: No. No, your honor. Not at all. This is 100% on me.

So what you're now saying is that everything that you said before was just a waste of this court's time? You do know that I can hold you in contempt?

Devon: I did not, but...

[ Stammers ] Your honor, the -- the problem with grief is that what's true constantly changes. Do I think that lily was wrong to get behind the wheel being so angry? Yes, I do. Do I think that the years leading up played a part in it? Absolutely. But if I'm being honest, it's what hilary and lily always did. They were always going at each other. They were always provoking one another. And if hilary had been driving the car and lily had died... my sister made a fatal mistake. But I think putting her behind bars would just be another wrong done.

What are you asking of this court?

Devon: You know, I-I would -- I would really just like to be free. I would like to be free to mourn my wife and my child. I'd like to be free to honor hilary by leaving the kind of mark in the world that I know she would have if she were still alive. And if I know that I'm part of the reason that my sister goes to jail for 20 years, there will be no freedom for me.

In light of mr. Hamilton's revised statement, I'm going to need more time to reconsider. This court is in recess. We'll reconvene within the hour.

[ Raps gavel ]

Christine: Did the judge get it right? Did your family pressure you into this?

Nate: No, devon made it clear that those were his words, and no one else'S.

Christine: I'm not so sure about that.

Charlie: This is really good, right?

Mattie: Maybe he'll rule as you suggested -- community service and a fine?

Michael: I wouldn't count on it.

Cane: Well, why not? I mean, what he said must carry some weight.

Michael: Cane a crime has been committed.

Lily: You can say it plainer than that. Two people died because of me.

Cane: Baby, don't --

Lily: That's what happened.

Michael: Look, it could help us. It may not. If the judge sticks to the letter of the law...

Lily: Well, what devon said may not matter to the judge. But to me, it was everything.

Charlie: Hey. What are you doing over here by yourself?

Shauna: I-I don't want to bug devon. And your family, you all must be feeling a little bit more hopeful after what devon said.

Charlie: Uh... yeah. I mean, the judge told us not to go over there until we know my mom isn't going to prison. So this isn't over. Not that it'll ever be over.

Nate: Hey. What you did... that took courage, man, and a lot of heart.

Devon: The judge didn't seem very impressed, so who knows if it even made a difference.

Nate: Hey, it made a difference to this family. Look, I tried not to judge you by what you said in your initial statement, and, uh... I know it was hard to hear. And I know you're going through hell. Both you and lily are suffering. And, uh... everyone in this family wants it to stop.

Devon: It hasn'T.

Nate: I know. I know. But, uh, this will start the process.

Lily: Thank you. For what you said.

Devon: I don't forgive you for what you did.

Lily: I understand.

Devon: Do you really? 'Cause I don't think there's ever gonna be coming back from this for us.

Lily: I will accept whatever you feel about me. But just know that I will never stop loving you. Or trying to make amends.

Shauna: Devon?

Devon: I need to go.

Shauna: But what about the --

Devon: Just please get a ride with nate, all right?

Cane: Hey, where are you going?

Devon: I can't be here.

Nate: I'll go after him.

Cane: No, I'll do it. I'll do it.

Mattie: But the judge --

Cane: I'll be back before he returns, all right?

Tessa: I-I meant every word that I said. I came back here to be with you. But the situation up north... my life is still complicated. And maybe it always will be.

Mariah: You know, you keep giving me that warning. But whose life isn't complicated?

Tessa: Just be honest, okay? If being with me is too much, if -- if you just want to take a step back before this goes any further...

Mariah: Is that what you want?

Tessa: No. I-I told you what I want. But I'm not the only one in this. This is about you. Okay? If you have any doubts, I-I -- I just want you to listen to them.

Mariah: Okay. Hm... mm... nope. Nothing. It's typical, really.

Tessa: [ Chuckles ] I'm serious.

Mariah: And so am I. I don't have any bursts of instinct or feelings in my gut about this. And when it comes to relationships, I'm kind of floating in the abyss.

Tessa: That's not true.

Mariah: I grew up with a man who preached a lot about "love" and "deep connection" and people opening up their hearts... when all he really wanted was for people to open up their wallets.

Tessa: There had to be someone you were close to.

Mariah: Not really. No. My mother -- the woman who I thought was my mother, she could kind of take me or leave me. Which she told me. Often. But... I actually found that refreshing. At least it was honest.

Tessa: Yeah, but didn't you want...

Mariah: Love? Yes, of course.

Tessa: Yeah.

Mariah: Desperately. Uh... I wanted something real. That was all mine. And I tried to get it. I really tried. Uh... I don't know. I guess I just, uh... was ill-equipped because of my past.

Tessa: So, uh, you mock it, make a joke out of it...

Mariah: [ Inhales sharply ] Yeah. Yeah, I guess it's easier to have people laugh at you than find out there's a piece of you that's, um... missing or broken. That's how I've always felt. Like... I couldn't really put my heart out there. Because if I did, then people would really see me. Really, really see me, and then they'd realize, and they would just run in the other direction.

Tessa: Hey, hey. I ran back, not away. Toward you.

Mariah: But now you're giving me an out.

Tessa: Only because I want you to be sure. I want you to want this. Not just tag along and get tangled in my mess.

Mariah: Fun fact -- when it comes to untangling messes, I'm kind of a professional.

[ Chuckles ] I want you. I do. I promise. But...

Tessa: Tell me.

Mariah: I just want to take a few steps back. I think I need to go slow.

Tessa: Then that's what we'll do.

Mariah: Okay. So, how do we get you...

[ Tessa laughs ] ...Settled in town?

Tessa: Okay. Well, uh, I need to make some money. And, uh... hm. I, uh -- I wonder if... I could get my job back at hamilton-winters?

Mariah: Yeah... with the way that you left and everything that devon is going through, obviously, I --

Tessa: Yeah, I was, uh -- I was afraid of that.

Mariah: The bigger hassle is that you have nowhere to live. No prospects.

Tessa: Well, I've been there before, and I've survived. But this time I have you.

Mariah: Yeah. You do.

[ Gasps ] I... have an idea.

Tessa: Okay...

Mariah: Come on.

Tessa: All right.

Shauna: This must be a good sign, that the judge is taking so long.

Nate: Ah, there's no way to predict.

Charlie: Yeah. Sure.

[ Clears throat ] I got to stretch my legs. Uh... you don't think what my uncle devon said will make a difference?

Michael: Um, uh, charlie... there are many other factors the judge must consider.

Charlie: It's kind of weird this one guy gets to decide my mom's life.

Michael: Well, now, that's why the judge asked to take more time. Review evidence, perhaps research precedents. Precedents are similar cases that might help the judge decide the right thing to do.

Charlie: It's kind of hard to believe there's anything similar to this.

Michael: You can ask me anything, charlie.

Charlie: Did I mess up? By not saying anything, seeing my mom run the red light, I-I -- I feel like I made things worse.

Michael: Charlie... it's impossible to say.

Lily: You know, every time i catch myself wishing that this would be over, that the judge would just hurry up...

[ Sighs ] But then I realize, if the worst happens, I don't want to wish away my last few minutes with you.

Mattie: I know it seems that way right now, but these aren't our last few minutes. You heard uncle devon's speech. How could the judge not be swayed by that?

Lily: I know. Even if it doesn't affect my sentence, I needed to hear those words from devon.

Mattie: We all did. He reminded us that, through anything, we're a family, and nothing can tear us apart. And the judge will take every detail of his statement into account. I believe that, when he walks through that door, he'll give you a fair ruling.

Devon: You should be there when the judge gets back, cane.

Cane: I know that we have a long way to go before we can even get close to repairing the damage that's been done. But whatever happens, we need to be there together when we face this, devon.

Devon: If you think that i regret speaking up for lily, I don'T.

Cane: Then why did you leave?

Devon: Because I don't want to be there if there's good news. I don't need to see everybody happy and hugging each other and carrying on. It's gonna make me feel like we're celebrating.

Cane: Okay. So, what? You came here to do work or something like that? What are you doing?

Devon: No. No. I'M... looking at photos of my wife. I'm looking at memories. Our child's sonogram photo. I miss her.

Cane: We all miss her.

Devon: Well, I'm sure you can explain to lily.

Cane: [ Sighs ]

Devon: What is it?

Cane: I'm so scared of what this judge is gonna do. He could tear our family apart, and there is nothing I can do to stop it. So what I need is for you to be in that room. 'Cause I need your strength or I need your pretense or I need your superstition or I need your prayer, 'cause I have somehow have to let god know he cannot send my wife and the mother of my children to prison for 20 years.

Devon: Cane, you know that I would do anything in the world for my family, but I can't --

Cane: I know. And you've already done it. You've already done it. And you have no idea how much i appreciate it. Okay. Okay.

"The young and the restless"

will continue.

Sharon: Can I get you anything else?

Devon: No, thank you, sharon. Just needed a place to be, that's all.

Sharon: Lily's sentencing. That's today, isn't it?

Devon: It's happening right now.

Sharon: Right now? As in...?

Devon: They're waiting for the judge to come back with a decision.

Sharon: And you testified?

Devon: I did. Yeah. I gave an impact statement. And then, in the end, I asked for leniency. Which is probably what the judge is gonna go along with. And then my sister will be able to go back home to her husband and her kids.

Sharon: And you?

Devon: I mean, hilary will still be gone. My child will still be gone, so...

Sharon: So you're thinking your family is going to move on, forget.

Devon: I think they already have. I really do. 'Cause I can't even mourn. They keep pushing me to do what's best for them when I'm the one who's lost my wife and child.

Sharon: Feel free to tell me to butt out, but if the first place you go is resentment and anger when you think of them, it's not your family who's dishonoring hilary and the baby. It's you. When my daughter cassie died, I can't tell you how many times I wondered why I am still on this planet. Having the car washed. Making the beds. Folding laundry. Even the simplest tasks just made me miss her more. And I didn't dare laugh or smile. Sometimes even just breathing felt like I was betraying her, because... she wasn't here, and I was.

Devon: And when did that change for you?

Sharon: When I got pregnant with faith. She gave me a reason to at least act at happy. And then one day I was.

Devon: So, what are you telling me? I need to start a family?

Sharon: I'm telling you that you need to cherish the family that you already have while they're still here. What if the judge sends lily to prison?

Devon: No, he's not gonna do that.

Sharon: But what if he does and you're not there? What then?

Devon: Then she'll have cane, and she'll have the kids with her.

Sharon: Well, if I were lily, and I were sentenced to 20 years in prison, I would first take that moment with my husband and my kids, and then I would be looking for you.

Devon: Why?

Sharon: Because you're the only one who's loved lily for that long. You have her her past. And in a future where she won't be able to care for her loved ones, she's gonna need to know that you will.

Cane: Hey.

Nate: Still no word from the judge.

Cane: [ Sighs ]

Lily: Did you find devon?

Cane: Yeah. I told him we all want him to be here.

Lily: He wouldn't come?

Cane: He can'T.

[ Sighs ] Hey. Hey. Listen. All right, he needs some space. Okay? All right?

Lily: Yeah, but what if --

Cane: All right, you're not gonna go to prison, all right? And devon is the one who gave us that gift. And that's all we can ask for, okay? It's okay.

Sharon: What is going on?

Tessa: I'm wondering the same thing.

Mariah: I'm trying to set tessa up, and we came to you because you're smart and you're resourceful.

Sharon: And I am engaged to a man who's part owner of rainbow garden apartments?

Mariah: Yeah. See? You're -- you're also, you know, a problem solver.

Sharon: Unfortunately, the space that you were in has been rented. The whole complex is full. There's a long waiting list.

Mariah: I-isn't there a way to -- to talk to nick, to convince him to --

Tessa: No, no, no. Nick doesn't owe me a thing, okay? I took off without warning and broke my lease.

Mariah: Yeah, for good reason. Nick is an understanding guy.

Sharon: With a limit.

Mariah: Um... would you give us a minute?

Mariah: Is there any way to convince nick into giving tessa an apartment?

Sharon: I repeat -- the whole complex is full. What do you want me to do? Ask him to throw someone else out on the street?

Mariah: No! God, of course not. It'S... we're family. And family helps each other out, right? That's what you're always saying.

Sharon: Well, you're not asking me to help you.

Mariah: No. I am asking you to help someone that I care about more than I have cared about anybody in my entire life. That is helping me.

Sharon: After everything that she did to you and your brother --

Mariah: She has made some bad moves, yes. But the only reason that tessa has less than nothing right now is because she decided that saving her sister's life was more important than leaving a good impression.

Sharon: I think you're letting your attraction for tessa get in the way of, um --

Mariah: You have doubts. So do I.

Sharon: Well, in that case...

Mariah: No. You know me. Blind trust, it's not my thing. And everything that I feel for tessa, it is scary, and it's amazing all at the same time.

Sharon: All the more reason for you to think this through.

Mariah: I'm riding the brakes, I-I promise. And I second-guess myself every other minute. But maybe you're just too good at being a mom. You convinced me that i shouldn't let my fear of love stop me from anything, ever.

Sharon: So you're saying this is all my fault?

Mariah: Or maybe it's the most brilliant thing you've ever taught me. Mom. I'm doing this. It would just be nice for you to be standing by me saying, "yay!" Instead of, "you're gonna crash and burn."

Sharon: I don't mean to. I'm just worried.

Mariah: Well, maybe you could make things easier on me by keeping an eye on things.

Sharon: How?

Mariah: You could offer tessa a couple shifts here as a barista.

Sharon: Oh, mariah --

Mariah: Just until she makes some money and can set herself up again.

Sharon: [ Sighs ]

Mariah: Please?

Sharon: I'm thinking.

Mariah: Think faster.

Sharon: Okay. [ Sighs ]

Mariah: Great! Yes!

Sharon: Before you get too excited, don't you think you should find out how tessa feels about this?

Michael: Thank you. It's time. Take your seats.

Cane: Hey. You'll be okay.

I had carefully weighed this matter -- the tragic repercussions of one moment of inattention by the defendant. A woman's life was lost, as well as that of her unborn child. A young man's life was put at risk due to negligence. My deliberation was further complicated by the fact that the defendant and the victims belong to the same family. Nevertheless, I had reached my decision. And then mr. Hamilton revised his impact statement, and that decision changed.

Tessa: Are -- are you sure?

Sharon: I am. If you're willing to make a commitment.

Tessa: I am. I am. Thank you.

Sharon: I'll check the schedule and find some time when we can go over the hours and duties and all the rest of it.

Tessa: Okay.

Mariah: All right. I want you to make me my favorite brew right now.

Tessa: Okay.

Mariah: And then we can find you a place to live.

Tessa: Um... just...thank you. Thank you for -- for looking out for me.

Mariah: Yeah. I am glad to do it, and I am glad that you're here.

Tessa: I hope I never let you down.

What must take precedence in the delivery of this sentence is the acknowledgement of lives lost. Justice must be served for mrs. Hamilton and her unborn child. Please rise. The maximum sentence for homicide by negligent operation of a vehicle is 10 years for each count. However, factoring in all that I've heard today, including mr. Hamilton's moving words, mrs. Ashby, you will be assessed a fine of $50,000. Your driving privileges will be suspended for a period of two years. And I'm sentencing you to 12 months in the walworth state penitentiary.

The bailiff will take mrs. Ashby into custody. This court is adjourned.

Michael: Christine, please. Call off the bailiff just long enough for them to say goodbye.

Christine: Yeah.

Michael: Thank you.

Christine: Lily was lucky to get a short sentence.

Michael: That's what I told them. But for lily, that's gonna seem like a lifetime.

[ Lily and mattie crying ]

Nate: Listen, you know you can count on me. I'll do everything I can to help, okay?

Lily: Okay.

Devon: I didn't want this to happen to you. And I'm sorry for everything that I said. I really am.

Lily: You did more than i could have hoped for. More than I deserved. [ Sobs ]

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