As the judge presiding over the appeal settled into his seat, shuffling the legal documents in his hands, Emily and Fran stared at each other across the table – two women who had once been drawn together by their shared love of Derek, now couldn't have been farther apart.

"Don't do this," Emily plead in a desperate last-ditch effort to get Fran to change her mind. She didn't want to fight her, but was willing to if that's what it took to keep Derek alive. "It's not what Derek would want."

Fran just shook her head sadly. "Derek didn't want a lot of things..."

Emily didn't miss the pointed undertones to the statement. She opened her mouth to argue, but didn't have the chance before the judge started the proceedings with Fran's argument.

She handed the judge a photo of Derek and his sisters – in the brief glimpse she caught of it, Emily couldn't help but notice the million watt smile across Derek's face, one arm slung across each of his sisters' shoulders. Happy. Healthy. She didn't know whether they'd ever get that Derek back.

"This was taken on a hike in the Blue Ridge Mountains," Fran said. "That day, Derek told me that he didn't want to live if he couldn't do that."

Incredulous, Emily said, "He once told me he couldn't live without pie!"

Ignoring her outburst, Fran handed the judge a print out of an email. "Four years ago, Derek sent me this. 'Just finished a case. We rescued the victim, but she's in the ICU on life support – feeding tube, respirator, the whole nine yards. Don't let me go out like that, Mama. Promise.'" She looked over at Sarah who was seated next to her for support. "I made my son a promise. We have tried everything to wake him up and he's only degenerating."

"His hand moved," Emily said, still incredulous that no one seemed to care about that fact but her. "I feel that he's here. I'm guided by that in everything I do. I know he wants to be kept alive."

"And I believe he would want to die with dignity," Fran said.

"He's still alive!" Emily exclaimed, on the verge of tears. "And he'd want to be kept that way!" She sniffled and wiped away the lone tear that had escaped. She handed the judge a copy of Derek's living will. "Three years ago, Derek signed this, giving me power to make end of life decisions. He told me that if anything should happen to him, he wanted me to do anything to save his life."

The judge frowned as he examined the document. "This will was neither signed nor notarized."

"There wasn't time before..." Emily interrupted his objection. She paused, shook her head, and trailed off. "Derek and I spent damn near every day surrounded by life and death. We discussed it all the time. I know it's what he wanted."

"She wants to keep him alive because she can't bear to let him go," Fran argued. "This is about her guilt, her abandonment issues. She's not putting his best interests first. She's not seeing what he would have wanted."

"He's an agent, above all else. He saves people. He never gave up on a victim, ever, and he would not want us to give up on him!"

"I'm scared," Emily whispered, head in her hands. "I'm terrified." It was the first time she'd admitted aloud the very real fear settled in her stomach like a stone.

"I know," JJ consoled, one hand on her shoulder rubbing in soothing circles. "I know." She was using her victim voice, but Emily didn't have the strength to be indignant about it.

"I'm terrified that she's going to pull the plug and..." She trailed off, unable to voice the fear. Her breath rattled on the inhale, her entire body shuddering with the effort of holding back her tears. She was afraid that if she let them start, they might never stop.

"It's going to be okay," JJ promised, even though she knew that it very likely was not. As much as she didn't want to lose her friend, she knew it would eventually be okay again, that the world would go on. She also knew that Emily might never recover from it.

"No, it's not," Emily voiced what they both already knew.

JJ nodded, conceding. "What can I do?" she asked, knowing full well there was nothing.

Emily didn't reply, having caught sight of Fran, in line for coffee at the canteen. She stood up suddenly, shaking off JJ's hand, even as she tried to stop her, already knowing this confrontation was headed nowhere good. "Why are you doing this?" she demanded.

Fran sighed, more weary than anything else. "Do you really want to have this conversation?" she asked. She didn't want to argue, didn't want to air their dirty laundry in front of a cafeteria full of strangers, but it appeared there was nothing for it.

Emily stood her ground, arms crossed over her chest, chin jutting out defiantly. They were having this discussion whether Fran wanted to or not.

"If this were some random faceless victim, you would see this my way," Fran said. "You would see that we've exhausted every resource and it's time to let him go."

"No," she insisted. "I wouldn't. But it doesn't matter because it's not some random victim, it's Derek. He's your son, you know him – he is a fighter."

"I don't get why you don't see what I'm saying."

"You're saying you want to kill him!" she burst out, voice too loud for the hallowed quietness of a hospital, attracting attention from passersby.

"That's ridiculous," Fran argued.

"No, it's not. That is what you're saying and I'm never going to understand that."

"You are making this about you and it's about him."

JJ could see Emily's eyes blazing, knew that nothing good was going to follow. She clamped a hand down on Emily's wrist, dragging her away before someone said something hurtful they couldn't take back. She smiled apologetically at Fran, shook her head sadly.

No one was winning here.

Least of all, Derek.