Rogers confirms that Driscoll had SMA, which is non-fatal and "nothing like the horror show" of ALS. Driscoll got a check-up at St. Fabian's three weeks prior; St. Fabian's misdiagnosed him, but that original report -- the wrong one -- stayed in his file.
Cut to an interrogation room, where Rubirosa is telling Mila that she'll get immunity for helping Driscoll and Thomas commit suicide, if she tells them how Driscoll got the wrong report. Mila basically blames Nolan, saying that she thought Nolan could help her father's cause, so she told him about what she did for Thomas, and Nolan wanted to get another suicide on-camera; Nolan "kept talking about a deadline," and pressured a hospital source for Driscoll's report. Outside, Linus Roache's cheekbones loom forbiddingly as Mila says that Driscoll was indecisive about what to do until he saw the report saying he had ALS. After announcing that Nolan had means and motive and blah blah, Roache introduces himself to Mila as Michael Cutter, and confirms that Driscoll wouldn't have killed himself had he not thought he had Lou Gehrig's -- and that he told Nolan this.
The detectives pick up Nolan while making bad jokes about TV makeup and mug shots.
On the courthouse steps, Nolan's lawyer says that his client is charged with Man II, then does a little grandstanding about the First Amendment while expositing that McCoy got promoted to District Attorney to finish Arthur Branch's term. Rubirosa eavesdrops. Inside, McCoy himself wastes no time jumping up Cutter's ass in the classic Schiffian "I don't care what you do, unless I get criticized in the press" style. They argue about the First Amendment and sacred cows until Cutter tells him that Nolan's attorney has filed a motion to dismiss, as required by New York Penal Code Section MINIT-32. What does McCoy want him to do? "Duffy," McCoy crusts, giving Cutter's Blackberry the hairy eyeball. "Look that one up in your gadget." Instead of the stone tablet McCoy presumably read the case on, back before dirt was invented.
In chambers, Nolan's lawyer cites Driscoll's dying declaration and says the state has no case. Cutter comes back with People v. Duffy, in which apparently someone got convicted of manslaughter for lending a "distraught friend," who later took his own life, a gun. In Commitment To Journalism v. A Man's Life, CTJ loses, and the motion to dismiss is denied.
Let's make a deal! Nolan asserts that the story wasn't his idea, it was Mila's -- and the hospital source wasn't his, either, it was Driscoll's.