Annotated Transcript

Brothers Under Arms

Weekly plot:
A teenaged boy is brought in on a murder charge, since his gun has been used in a murder. However, after investigation, it's discovered that it was his younger brother, and not him, that fired the gun, and who had the gun without his consent. A go-between friend had "rented" the gun from him on behalf of the little brother, who only wanted it to protect his girlfriend. He actually fired it in self-defense, but this isn't evident since, because he knew he'd have to replace the gun as it was fired but didn't have the money to buy a new one, he took the DOA's gun instead for that purpose. Unfortunately, in his nervousness, he discarded the wrong gun.

Possible analogy:
The "Brothers in Arms" title refers both to the weekly plot actual brothers and to Denby and Don. Interesting that although it appears a murder was committed, first by one brother and then by the other, in actuality it was self-defense. Could this apply to the body in the dumpster? (We know it isn't Don, so I'm not going to interpret this episode as if we're unsure). Either one of them (Denby or Don) might have killed him in self-defense.

The morning after Diane's meeting with Denby. Diane is making coffee in the break room as Jill comes in to see how the previous night went.

Diane: So you don't have to have anything to do with that task force guy, Jill. Don't give him anything.

Jill: Okay.

Diane: (expansively) How about this? They've already got all the evidence they need. The Federal prosecutor's just afraid to go to bat. This task force guy couldn't even believe they gave Don a deal.

Jill: (surprised) Sounds like you got him to open up pretty good.

Diane: Oh, yeah. So you making drops for Don not knowing what was going on? You just keep that to yourself. That's not comin' up in a million years.

Jill: (worried about Diane) You didn't drink with him.

Diane: No. (pauses) No. I told him I, uh, I told him I got off watching him drink. It got a little messy at the end, was all, but nothing 50 gallons of Lavoris won't cure.

Well, as we saw the whole conversation, that was definitely not what she told him. She's actually leaving Jill with the impression that she may have seduced the information out of Denby - with her mouthwash remark just referring to him tasting like scotch. But she isn't covering up for the fact that she drank, either - she didn't. She's covering for Denby's alcoholism.

Jill: Sorry, Diane.

Diane: (smiling) Don't be. I was glad to find out where he stood. (beaming) I just haven't been out that late in awhile.

Diane does not look as if she's only putting on a happy face for Jill's benefit. She looks genuinely pleased with herself for getting out. She also has a right to be happy about something else: She passed a major test the previous night by refusing to drink, especially with the scotch right in front of her and having to taste it in Denby's kiss.

end of scene

Diane comes down from upstairs to find Denby seated, apparently waiting for her, his head in his hands. He looks awful. As they talk he does not meet her eyes.

By not meeting her eyes, he is indicating that he's either a) lying, b) deeply ashamed by what he's admitting to Diane, or c) both.

Denby: Hi.

Diane: (in an 'oh, it figures' tone) Uh huh.

Denby: I need some help.

Diane: A lot.

She may think he's here expressly for her help to get clear of the booze, since he hasn't said what he wants otherwise yet.

Denby: I don't remember what happened last night.

Diane: Is that right? You were an asshole.

She's getting irritated that he isn't really asking for the help she thought, or at least isn't coming directly to the point.

Denby: Did you...come to the motel with me?

Diane: (in disbelief) Is this another sick game?

He would have known the answer to that if he'd listened to what she'd just said - or did he listen and simply not acknowledge her? This is the first instance of him carrying on what seems to be a little prearranged speech, but he'll do it often enough that it just seems to be part of his personality (i.e. apparently nothing sinister for this scene alone). He likes to hear himself talk and doesn't want to be sidetracked.
Interesting though, in that if he's not lying, he thought she might have come to the motel. Is he just assuming that since he had (essentially) a date with her that he must have gotten lucky? "Total Slimeball Harry" might, but otherwise, the Denby of the previous night came across as someone who knows his life looks perfect on the surface but underneath is definitely not, so it's doubtful he'd lie to himself that he scored without proof. Could he have some hazy recollection of that kiss? Or did he genuinely lose Don and is hoping she knew where Don went? But if so, wouldn't that make her an accomplice to Don's disappearance - which she wouldn't be likely to admit to if she were?
If he is lying, the only reason I can think of for this question is that he genuinely doesn't remember if Diane was there - which means this particular question is not a lie, but is necessary before he perjures himself in front of her with a story she knows is untrue. And in that case, he's free to ask it brazenly, just to get it out of the way (he doesn't have to really believe he scored, he's just covering his ass in advance).
Now, why do I think he wouldn't ask this just to be a slimeball unless he is the "Total Slimeball"? Because it wouldn't serve any useful purpose to any of the other theories - if his motivation is to get her to think Don escaped so that later he can make her think Don is dead, he's better off to gain her trust as much as possible. And she'd believe he blacked out without the reference to her being at the motel.

Denby: Got a black out.

Diane: (continuing) 'Cause I got what I needed to know from you.

A re-iteration of his not remembering, probably just to establish this firmly in her mind (if he's lying). If no, merely a ramble, or he could be hoping for sympathy (especially if he remembers or knew in advance that she was an alcoholic herself).

Denby: He's in the wind.

Diane: (confused and irritated) What are you talking about?

Denby: Your partner's ex-husband is in the wind.

Diane: (suddenly taking him seriously) Come here, Denby. (she leads him into a small office where they can talk privately)

'In the wind' means that Don escaped. This is the information he really came here to tell her, whether it's truth or fiction. She picks up on that and leads him into the private room

Denby: (still not looking at her) I had watch on him last night at the motel. Woke up like five o'clock on the morning and he was gone. Him loose...can screw your partner up bad.

Diane: Yeah. Otherwise I'd sure like to spend some time thinkin' about you blowing your career.

His statement about how Don being loose can screw Jill up bad is actually in direct contradiction to what he told Diane the day before -- he said he didn't think Jill would want to see Don put away in jail for a long time even if he was a 'hard-on', for the sake of her kids if nothing else. This seems to say the opposite. Both days, however, he's trying for the same effect -- to get Jill to come forward about Don. Only now, if she comes forward and says he contacted her, it will be in her favor with the Job (as opposed to the previous day when admitting being an accomplice would probably have been a bad idea, as Harry agreed). So is he lying to see if Jill will become involved; in fact, testing her (and indirectly testing Diane as well by having her be the go-between)?
Diane, however, barely acknowledges the danger to Jill (just a passing 'yeah') and focuses in on what this will mean to Denby personally.

Denby: (ignoring her last statement) No way he doesn't reach out to her.

Diane: (nastily) That's you lockin' in on how a prick'll behave, right Denby?

Either he clearly expects - from things Don mentioned in the past - that Don will try to get in touch with Jill, or the two of them (Denby and Don) have already arranged for Don to do this.
Diane seems more interested in trying to verbally slap some realization into him of how out of control his life is from the booze.

Denby: (objectively) Can I just say...I don't get this guy back, I'm looking at losing my job. Obviously I don't have to ask how you and me hit it off, but it's in your girlfriend's interest letting me know when he reaches out.

Diane: If I decide that's true, I know how to get in touch.

He finally acknowledges the things she's been saying about him, but not the sentiment behind them; i.e. he admits he was a prick but isn't willing to ask for help yet. He seems preoccupied with reinforcing what he came there for professionally: to involve Jill in Don's getaway, whether to honestly gain him a lead on Don or for something else.
Diane's reply indicates that she finally realizes he isn't going to ask for help.

Denby: (sincerely, finally looking at her) For what it's worth I apologize.

Diane: (disgusted) Nothing. Guess how much that's worth.

His apology is absolutely genuine (it's the only time in the whole scene that he looks her in the eye), but what is it for? His behavior the night before, lying to her now, using her for nebulous ends at all, or all of the above?
Diane is right in that it's worthless if he's unwilling to do anything to change, and she seems disappointed that he won't.

end of scene

Back upstairs, Diane finds Jill already talking on the phone

Jill: (Into phone, trying to keep her voice hushed) I'm not meeting you cause you're talkin' to the wrong person. (pause) I'm tellin' you, you got me confused with somebody else. (she hangs up, then addresses Diane) You're not going to believe this.

Well, at least Jill volunteered that - she's not trying to keep Don's escaping a secret from Diane.

Diane: (quietly, as is their whole conversation)I know Don's in the wind. Where is he?

Jill: I told him I didn't want to know.

Diane: Good for you, Jill.

Jill: I can't get involved with him.

Diane: The only smart thing he can do is turn himself in.

Jill: That's right. I can't give him money to get away.

Diane: That's right.

Jill: I'm sure they're watching my house.

Diane: You can't get involved with him, Jill.

Diane is talking to the wall. From what Jill just said, it seems her only reason for refusing to meet him and give him the money he wants is that she can't think of a safe place to do it.

Jill: I guess that task force guy must have shown up at the motel drunk.

Diane: He can't remember what happened, thinks he must have left the door unguarded.

Jill: Did he put an alarm out?

Diane: Not yet. He's hoping Don'll use his head the way you said.

Jill: Yeah, not to mention that if Don does, it'll save his ass.

Diane: That'd be the bonus for Denby.

This implies that losing Don would be serious business so far as Denby's job goes - which Harry and Diane both have already acknowledged. He'd lose his job as a detective.

John: (interrupting, to Jill) That same person who called before and didn't identify himself is calling again.

Diane: Do you want to find out where Don is, Jill? Let Denby know so they can pick him up?

Jill: (to John) I don't want the call, John. Tell him I'm not around, whoever it is is calling. (to Diane) I can't give him up though, either, Diane.

Diane: You'd just get on his bad side in terms of what he might tell the DA.

Poor Diane. Once a drunk, now an enabler. She's giving Jill a rational excuse for why she can't give Don up.

Jill: I can't give him up.

Diane: Okay. Okay.

At least Jill is honest with herself about it - she knows it's just that she can't refuse Don.

A little while later - Diane and Jill have gone out and are just now returning.

John: (answering phone) Fifteenth squad. I'm sorry she's still not available.

Jill: No wait I'll take it. Yes, hello? All right listen to me. Listen. 555-0146. In 45 minutes I want you to call that number. (pause) No, 0146. Say it again. (pause) Call there in 45 minutes.

Diane: That number sounds familiar.

In the time that's gone by, Jill has obviously come up with a good idea for where she can meet Don to give him the money he wants. From her telephone conversation with him, we can also tell that Don isn't strong on brainpower.

Jill: Please, Diane?

Diane: What? You want me to go to my place and talk to Don?

Jill: I need to see him. You know if Denby's any kind of cop, he's got my place up.

Diane: Jill.

Diane really does not want to believe anything bad about Jill at all. She must have known what Jill really wanted to do, but asked if Jill wanted her to talk to Don instead. And Jill is right - from the scene with Denby below, we know he did stake out her place.

Jill: Please.

Diane: Tell me what your plan is. (pause) Right now he's a material witness. If he runs, they'll reinstate the charges and then he'll be a fugitive. Are you gonna talk him through to understanding that?

Jill: (not really listening) That's right. That's right. That makes sense.

Obviously Jill had no plan other than to just hand over the money, but she couldn't tell Diane that. She seems vaguely aware of the truth behind what Diane is telling her, but it's obvious she's never going to talk Don into giving himself up.

Diane: (getting out her keys) He's got a deal in place if he cooperates and he may not even need to testify.

Jill: (just focused on the keys) Okay, I understand.

Diane: (giving Jill the keys) Jill don't hurt yourself.

Jill: I won't.

Diane really enables Jill by handing her the keys to her apartment. In fact, Diane becomes an accomplice with the act - she knew where Don would be and had a chance to turn him in herself, but passed it up, although it was obvious that Jill would never voluntarily give Don up.

end of scene

Don arrives to meet Jill at Diane's apartment

Don: (entering) Whose place is this? Who's Bobby Simone?

Jill: Oh, never mind, Don.

Don: Who's this guy to you?

Don is coming on as if he were jealous. Presumably this makes Jill think he still cares about her.

Jill: You think maybe we got a few other things to talk about?

Don: Yeah, I guess you gotta live your life.

Jill: You need to go back to that motel.

Don: (sarcastically) Do I need to?

Jill: Why does the guy who guards you getting drunk mean you blow the deal keeping you outta jail?

Don: I'm out now. And you aren't here to make me go back to that motel.

This actually gives the impression that Don would have the choice of going back - which in itself implies that so far, Denby is not involved in his drug scheme. Don is just not mentally quick enough to be this smooth.

Jill: Why am I here Don? To stake you hittin the road, living a skel's life til they collar you for this or something else?

Don: Like that's the only choice.

He must have something already in mind. With what we know, is it the stash being guarded by the guy who's marked for death in a dumpster?

Jill: It's the one you made here with boys who wanted to look up to you and me hoping you'd make good.

Unfortunately, Jill is too busy airing her grievances to notice what he really implied.

Don: (angrily) Yeah, well maybe I'd do better without the holy trinity keeping score. (he sees Bobby's ring in a dish on the mantel, and his tone changes; he becomes supplicating) You think I wanta be bitter like this, Jill? I wouldn't rather stay where I can see the boys? But I go back, and I'm looking at months in that rat trap till I testify, and then God knows what relocation someplace away from here anyway. Isn't a clean break better now?

Since he altered his approach as soon as he saw the ring, it doesn't seem likely that he came into the apartment searching for something he could use to plant on a future body. It looks more like he saw what he thought looked like a valuable ring that he could hock. He is there getting money, after all, and he must know Jill isn't wealthy.

Jill: Some clean break.

Don: Hey, believe me, I'm thinkin about making a few other stops. Let some people pay for having me set up.

Whoa!!! This seems to scream "dumpster body!" Don's got an agenda - and how else would you issue a payback for a crook who set you up, besides killing them?

Jill: Oh, Don.

Don: D'you bring money for me? (pause) I didn't have time to wrap that question up pretty. Find a nice card.

Jill: I've got 780 dollars.

Don: Okay. (pause) Great. (he looks longingly at the ring while she gets the money out; then tries to get affectionate) Hey look babe, we're not laying someplace?

From his attitude, he wasn't thrilled that she brought him so little, but he also accepts that she probably couldn't get more on such short a notice. And whereas before he just noticed the ring, now he's starting to lust after it. His first attempt to get it - by getting cuddly with her, fails, however.

Jill: Get in touch with me again and I'll tell them where to pick you up.

Don: (backs off) All right I understand.

Jill: Maybe we found each other too young. Maybe I didn't put enough pressure on you so you could become what you needed to. (gives him the money)

Don: Hey, tell the boys I love em. (he leans forward to kiss her and takes the ring from behind her back)

He finally is able to pocket the ring when she lets him kiss her goodbye, talking about their kids.

end of scene

That evening, Diane answers a page from Denby, calling her to the scene of a crime in an alleyway out of her jurisdiction.

Denby: (walking up to Diane as she arrives, but said loudly to Rudy) Look at this Rudy. Look what I gave up for this mess! Diane, Diane I'm sorry. Honey-

Harry is pretending Diane is his girlfriend that he stood up because of the crime he discovered -- this allows her to visit the crime scene out of her jurisdiction without arousing suspicion.

Diane: (mildly incredulous) Honey? Are you drunk?

Denby: (quietly to Diane alone) I wish I was drunk.

Probably very true. If he does really think it could be Don's body, then he'd want to get drunk so he wouldn't have to think about what's going to happen to him professionally. If he knows it's not Don's body, he probably wants to get drunk so he doesn't have to think about what he's doing now or what he's got to do to convince Diane that it is Don.

Diane: Why'd you page me?

Denby: (still privately to her) This has gotta be your partner's ex. (louder, to Rudy, introducing them) Diane Russell from the 15th; Rudy Russo.

Diane: (to Rudy) How you doing?

Rudy: (referring to the crime victim) Better than this guy.

Denby: (to Rudy) Are you at least gonna get me off the hot seat for standing her up?

He's both explaining the cover story to Diane and getting Russo to describe the body.

Rudy: Denby discovered our mystery man. Hands and feet cut off, head cut off so we can't check dental records, best this guy gives me for a lead is two unidentified male Hispanics beating feet down the street out there. (he shows Diane what's left of the victim)

Denby: (defensively) Excuse me for my first curiosity being 'what mischief might the unidentified male Hispanics be up to in the alley'?

He's nervous and trying to keep Russo from asking too many uncomfortable questions. But is it because he knows the body isn't Don's or because he doesn't want Russo to know how he screwed up?

Diane: (to Rudy) Thanks.

Rudy: You're a good influence. Latest I've seen Denby upright.

Unless Russo is in on some undercover operation with Denby, which doesn't seem likely, considering how Harry is trying to keep him from wondering about the possible Hispanic suspects, this is a confirmation that Harry really does drink to excess.

Diane: (privately to Denby) What am I doin' here Denby?

Denby: I gave up on your partner's place like two hours ago, start sitting on one of the Dominicans her ex-husband mulled for like two blocks from here. One of his crews was outside washing down the inside of a van. I start checking some dumpsters, I find that.

If he really did inadvertently let Don escape by being drunk, he probably did find Don at the Dominican's place he mentioned. Only he probably found him standing over a body with a smoking gun (figuratively speaking).

Diane: You didn't tell your buddy Russo about sitting on the Dominican's place?

Denby: (brushing the idea off) Hey, these Dominicans are going away anyhow. If that body is your partner's ex, my life's a lot simpler if he's never identified. The only thing...is this his ring do you know? (shows her Bobby's ring)

I suppose his life would be simpler because he'll get in less trouble for letting Don just get away than he would if Don got killed. But presumably, since he now knows Don is dead, wouldn't he have to issue the alarm that he escaped? And wouldn't this make him lose his job? Still, this has to make sense to Diane or she won't buy it. There is some inconsistency with the ring question -- if the corpse had no hands, why the ring? Presumably it was in a pocket? I do notice that he brings the ring out with impeccable Denby timing -- right when she started to ask an awkward question.

Diane: (in shock) You found that on the body?

Denby: (describing it) Some kind of interlocked hearts on the inside. I mean do you know if it's his? 'Cause he didn't have a ring when I was guarding him.

Diane: (not really even having heard him) I want that.

Denby: You wanna give it to your partner?

Diane: (still not really answering the question he asked) Yeah.

Denby: You understand about my life being simpler?

Diane: Give me the ring, Denby.

Denby: (confirming) So it is his ring.

Diane: Yeah. It's his. (Denby gives her the ring and she walks away in a daze)

Two things: a) why would he expect Diane to know what was on the inside of her partner's ex-husband's ring? Isn't that a bit far-fetched? I suppose if he's desperate to identify the body, he'll try anything, though. b) if Don kept the ring in a pocket (which he would have if the body really were his and also the ring), would Harry have known whether he had one or not? If not, how can he really claim Don had no ring when he was guarding him?
Harry is either genuinely unaware that this is not Don's body, in which case he has no idea that the ring belongs to Diane, or else he is completely aware of everything and using her ring to convince her Don is dead. This would explain why he would call her and not Jill to this crime scene, at least. But just because we know he's with Don four months later doesn't mean he necessarily is now. Jill essentially isn't but she will be in four months.
For the record, as they use this device a lot with Denby during the eighth season, this is the first time he sidetracks someone with a deliberate emotional shock (assuming it's deliberate).

end of scene

Theory support:
We had four original theories:

1. Denby is undercover
2. "Total Slimeball Denby"
3. Denby is a disillusioned cop
4. Denby is being blackmailed

None of the inconsistencies mentioned appears to be strong enough to positively exclude any of the theories at this point, although it's less likely that Harry is either a) undercover for the IAB or b) faking a drinking problem.

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