Rubirosa and Cutter discuss the fact that they need Jenny Lupo to testify, but she's not responding to the subpoena. Lupo is dispatched to "lean on" her, which doesn't work; she doesn't want to go on the record with the fact that Thomas "preferred to kill himself instead of having a conversation with" her, and tells him to testify himself if he feels so strongly. "Tell everyone how you were too busy to talk to your sick, dying brother." Okay already, people, good God. I think he's sorry. "And then you can tell them it's because of me," she adds, like, did she and Cyrus Do It or something? The "...er" look she gets in response leads me to believe that something more than the usual survivor's guilt is at work here, but it's not followed up.
Back in the office, Cutter comes across an anti-death-penalty website -- and finds out that Mila is a registered user.
Now Mila is on the stand, doing the defendant's customary self-serving admission of involvement up to a point. She also talks about how she tried to help people "in the same spirit" her father would have, and beams hopefully at him; he just stares at her like she's got a booger. On cross, Cutter leads her slowly to the fact that the three-drug cocktail actually causes extreme pain, and that she's against the death penalty because that very same cocktail is used on death-row inmates, and as such is cruel and unusual. She's busted, and looks to her father for help, but none is forthcoming; Lingard is just shaking his head, disgusted. Nice parenting, Kookoopants. Cutter keeps hammering on Mila until she trails off with "my father t..."
In McCoy's office, Cutter remarks on the lack of décor, and McCoy snarks that it's "a working office"; he doesn't need to clutter it with awards like Branch did. Probably because McCoy has made too many enemies over the years to get any awards. Well, except for that one for most female ADAs successfully bagged. Rubirosa sticks her head in to say that the defense is putting Lingard himself on the stand.
Said testimony consists of yet more oratory about relieving pain, the small-mindedness of the law in these matters, and so on. Lingard is speaking in a somewhat constipated way as he takes full responsibility for assisting both suicides and says Mila wanted nothing to do with it, or with shanghaiing Nolan: it was all his idea. In the back of the room, Lupo knits his brow at this, but Cutter proceeds with his cross -- or tries to, since Lingard is still talking over him to prattle on about the Ninth Amendment. Mila looks on proudly, Cutter tries to get the judge to make Lingard answer the question, and tears roll down Lingard's face as he announces, "It is the right of every American to live and to die as they see fit. And I choose...here." Oh my fucking God, you're kidding me. ...Nope, they're serious. Lingard took a bunch of lethal drugs in order to make his dying declaration in the courtroom and then collapse, which he proceeds to do. Lupo is all "oh hell no" and tries to revive him, Mila lurches toward her father, cut to the overhead shot of courtroom chaos stolen from Philadelphia as Lingard bites it on the floor.