Choice (Season 5, Episode 7)
Premise: A pregnant restaurant owner attacked by her estranged husband ends up in court herself when he challenges her right to an abortion and then her drinking during the pregnancy.
- Air date
- Season/Episode
- Season 5, Episode 7
- Starring
- Det. Olivia Benson (Mariska Hargitay), Det. Elliot Stabler (Christopher Meloni), Det. John Munch (Richard Belzer), Det. Odafin “Fin” Tutuola (Ice-T), Capt. Donald Cragen (Dann Florek), ADA Casey Novak (Diane Neal), CSU Ryan O’Halloran (Mike Doyle)
- Guest stars
- Josie Bissett as Jennifer Fulton, Rick Aiello as Craig Fulton, Shirley Jones as Felicity Bradshaw, Mariette Hartley as Lorna Scarry, Victor Rasuk as Leon Ardilles
- Director
- David Platt
- Writers
- Patrick Harbinson
Summary
“Choice” opens with a patrol officer interrupting a break-in at Momma Sue’s, a West Village restaurant, where co-owner Jennifer Fulton lies hurt beside fresh graffiti and a young man with a gun runs off. She leaves the hospital against advice and says she remembers nothing. Store video and paint on his hands identify the tagger as Leon Ardilles, 18, once cited for drinking at her bar, and Jennifer picks him out. Leon, represented by legal aid lawyer Rebecca Balthus, admits the graffiti but says he found her already on the floor.
Prints on a wiped wine glass belong to Jennifer’s estranged husband, Craig, whose earlier domestic-violence arrests ended when she dropped the charges; the couple stay married because a split could cost them the franchise. Jennifer admits Craig came by after closing, tore her blouse and groped her, stopping only when she said she was 11 weeks pregnant. Craig claims she was drunk and fell. Doubting she can win, ADA Casey Novak accepts his plea with an order barring contact, to Benson’s dismay.
Jennifer plans an abortion, but Craig, backed by anti-abortion lawyer Felicity Bradshaw and a group called Agnus Dei, serves her with an order to stop it. Novak, unable to act for her, steers her to attorney Lorna Scarry, and Judge Howie Rebard throws the order out. Jennifer then decides to have the baby, and Craig files a neglect case in Family Court over her drinking. A former teacher, Melanie Dunne, tells Benson that Jennifer gave up a daughter as a teenager. The girl, Lily, now living with adoptive parents, has fetal alcohol syndrome. The detectives must disclose this, and the judge orders Jennifer to stop drinking and begin outpatient treatment.
That night Benson finds Jennifer drinking rum and arrests her for criminal contempt. Jennifer turns down Novak’s offer of a suspended sentence tied to residential treatment and insists on a trial. Scarry warns the jury that the state could end up policing every pregnant woman, while Novak asks them to convict so the child can be born healthy.
Spoiler, the ending: The jury acquits Jennifer, though Judge Mark Seligman reminds her that the Family Court order still applies. Benson later finds her waiting outside the Longleats’ home, afraid this baby will be harmed too, and the family invites her in to talk with Lily.
Why it stands out
- Shirley Jones and Mariette Hartley guest-star as the opposing lawyers, Felicity Bradshaw and Lorna Scarry, with Josie Bissett as Jennifer Fulton.
- Beverly D’Angelo returns as legal aid attorney Rebecca Balthus one week after her first appearance in “Coerced.”