Law & Order Special Victims Unit s05e07 Episode Script
Choice
In the criminal justice system, sexually-based offenses are considered especially heinous.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
Come in, Central.
Go ahead.
Got a 10-10, possible burglary at Momma Sue's Restaurant.
Request backup.
Backup, 10-4.
Police.
Let me see your hands.
Now.
Drop the gun.
Will you help me? Drop the piece or I shoot.
Please.
Somebody help me.
I'm over here.
Wait.
Hold it.
Someone help me, please.
Assault victim at this location.
Need a bus and SVU.
You okay, Mrs.
Fulton? It's okay.
My head.
Central.
Bus is on the way.
Male, maybe Latino.
Late teens, dark jacket, some kind of cap.
You get a look at his face? Sorry.
I was too busy lookin' at his gun.
I understand.
Thank you.
Hey.
Hey.
Sorry to wake you up.
You didn't.
I was helping the twins with a science project.
What've we got? Victim is Jennifer Fulton.
She owns the restaurant with her husband.
Now the place was closed, but front and rear doors were open.
Perp knocked her out, and he raped her.
She usually works this late? Sometimes she closes up, sometimes the husband.
The cops know them, so they make a point of checkin' in.
Which is what Off.
Breggin was doing when he caught the perp in the act.
"B-I-C-H.
" Did the moron rob the place? Night's take was still in the register.
Then either he didn't get to finish the job, or this was personal.
Where did EMS take her? You almost missed her.
She lost consciousness and you're releasing her? Mrs.
Fulton is insisting she leave.
She let you do a rape kit? Yes.
We patched her up as best we could.
Jennifer, I'm Det.
Olivia Benson.
This is my partner, Elliot Stabler.
Hello.
Do I need to sign something? Mrs.
Fulton, I'm urging you to let us admit you for the night.
Look, Doctor, I'm fine, honestly.
Um, just show me where to sign.
We just have a few questions we'd like to ask you about what happened.
Of course.
Did you know your attacker? No.
Can you describe him? Well, I'm afraid it all happened so quickly.
What about his clothes? His race? Had he been drinking? Look, I was in the middle of closing up, and he hit me from behind.
I'm sorry, I don't remember anything.
Okay.
Well, why don't you go home and get some rest, and we'll talk to you tomorrow? Look, thank you for your concern, but really, I'm all right.
You were assaulted.
And I survived.
Please, I just want to put this behind me.
The rape kit was negative, but the ER confirmed that Jennifer Fulton was assaulted.
Denial's a normal response to trauma.
Either that or she's scared that the creep will try again.
Look at the graffiti, Captain.
He's sending her a message.
Well, if she was threatened, could explain why she wouldn't talk.
You run this past the Gang Squad? They didn't recognize the tags, could mean it's some wannabe.
Or a new recruit tryin' to make his bones.
Well, check with the local precinct.
See if the Fultons filed any complaints recently.
Talk to CSU.
Maybe this guy left something besides his bad spelling.
We found skin, blood, and makeup.
Well, that explains the cut on her temple.
She fell or was pushed into the counter.
Yeah.
No security cameras.
Now, what about the paint? Available at any auto shop or hardware store.
In other words, O'Halloran, you got zip.
Hey, not so hasty, Munch.
We're still checkin' the bar for prints, and we found this by the back door.
What is it? Top of a new pack of chewing gum.
Not enough to print, but it's somethin'.
Why? Anybody could've dropped it.
I don't think so.
Entryway was mopped right after the restaurant closed.
The floor was spotless.
Except for this.
Okay, kid breaks in.
Pops a piece of gum to calm his nerves.
Could've bought it nearby.
He could have bought it in Pittsburgh.
We'll check the stores around here first.
Just got a call from the 29.
They've had no complaints from the Fultons about gang harassment.
But Jennifer's been in trouble before.
What for? Undercover cop caught her serving liquor to a minor.
She said it was a mistake, kid looked older than he was.
It was her first offense.
She paid the fine.
Was the kid cited? Yeah, 18-year-old Leon Ardilles.
His photo's being faxed over now.
Anybody who might want to target the restaurant? Nothing's that's come up.
Momma Sue's is a restaurant chain out of New Orleans.
Jennifer and her husband own the franchise for the West Village.
We found a "smoking gum.
" What is he talking about? We pulled security camera tapes from every convenience store within a 10-block radius of the restaurant.
And came up with this.
Latino male, late teens.
came by the restaurant.
Store owner know the kid? No.
Get a printout, canvass the neighborhood.
Don't bother.
This is Leon Ardilles, our underage drinker.
And so is that.
Did you see the man who attacked you? I'm not sure.
It was it was dark.
Take your time, Jen.
I think it was him.
You ever seen him before last night? He looks like the kid that was arrested in our bar for drinking last month.
Yeah, he was underage.
Had the balls to blame Jen for gettin' him in trouble.
I should have never left you alone to close up.
Did you take the night off, Mr.
Fulton? Yeah.
I had tickets to the Knicks.
Second row.
That was some game.
Thought Houston was gonna pull it out in the fourth.
Houston fouled out in the third.
What game were you watchin'? I must be thinking about the game the night before last.
Right.
Are you gonna arrest the punk who attacked my wife? Remember her? Never seen her before.
How about I refresh your memory? Cops busted you for drinkin' in her bar.
Doesn't mean I roughed her up.
You did the lady, left your tag, even faced down a cop.
Only thing we don't get is why a big, tough hombre like you had to knock her out before you tried to rape her.
Sounds like performance anxiety to me.
I swear I didn't touch her.
You touched something.
That look like orange paint? Let go of me.
Uh-huh.
I might've guessed.
NYPD's very own civil rights busters.
What do you want, Balthus? Some quality time with my client.
Yeah, sorry, we're taking him to the crime lab.
What for? To test the paint on his hands.
So this is where you fellas cook the books.
Why isn't this in an evidence bag? Because it's my lunch.
Oops.
Well, look at this.
Our crime scene.
Stay away from there, Balthus.
Listen, Munchkins, I can see it now, or I can see it in discovery.
Okay.
I'll test the sample in the GCMS.
"Gas Chromatograph Mass Spectrometer.
" Which will tell you that the paint on Leon's finger matches about a million cans of spray paint.
So, there was a glass, and an open bottle of wine on the bar which you then dusted for prints.
And whose did you find? Jennifer Fulton's.
Here's another piece of evidence, a broken wine glass.
And what does the report say? "Found in trash behind bar.
"Glass wiped clean but two partial prints on base.
" Mrs.
Fulton's, too? No, we're still looking.
So after the restaurant was closed, Mrs.
Fulton shared a bottle of wine with some mystery person who then wiped his prints and left.
Leon, did Mrs.
Fulton invite you in for a glass of wine? No, ma'am.
I didn't think so.
The paint's a match.
You're cooked, Leon.
Okay.
I found the door open, I went in and tagged the place.
I heard a moan and I saw her lyin' there.
I was gonna help her when the cop came in.
Criminal trespassing.
I doubt he'll even get probation.
Trespass? The little psycho had a gun.
Gun? What gun? Did you find a gun? No.
I'll see you at arraignment.
Not another word.
The kid admits he was there, Captain.
Off.
Breggin swears he was armed.
And the victim ID'd him.
We still got a good case.
If you hadn't given his attorney a sneak preview of the forensics.
Why the hell did you let her in? We didn't have a choice.
She would've got the evidence in discovery anyway.
Well, wee still have to ID Mrs.
Fulton's mystery boyfriend.
Elliot and Olivia are lookin' at everybody who worked at the restaurant after hours.
Give them a hand.
May not need one.
Checked out her husband Craig.
Turns out he took a couple of collars for domestic violence.
So we've got his prints.
They're sealed.
Cases never made it to court.
Jennifer dropped all charges.
Doesn't mean Craig assaulted her this time.
Yeah, but it maybe why they're not livin' together anymore.
Craig moved out six months ago.
Then why the loving couple act? Because the restaurant franchise is in both their names.
Momma Sue's head office in New Orleans just told me that if the Fultons split up or if they get into any legal trouble, they could lose the restaurant.
They're staying married for the money? Ah, no.
There is no money.
Head office says the restaurant's in trouble, profits are in the toilet.
They were thinkin' of closin' the place.
That's a recipe for violence.
I'll tell you who will have hubby's prints: State Liquor Authority.
Get the lab to run 'em against the partials.
And maybe you should ask Jennifer who she shared that romantic bottle of wine with.
Why are you questioning me? I thought I was the victim here.
Jennifer, the defense is gonna dig into your personal life to undermine your case.
You've got to tell me everything.
I have.
Well, you didn't tell me that you and your husband were separated.
It's not official.
I want a divorce, he doesn't.
Look, I really don't want to talk about this.
Mrs.
Fulton, think about what you're doing.
I know what I am doing.
I am trying to keep my life together.
If you guys can't help me, please leave me alone.
We're on your side.
Jennifer, we know that you were attacked.
We know that Leon Ardilles had a grudge against you.
But did he try to rape you? Jennifer, was it Leon? No, I'm sorry.
It wasn't him.
It was your husband, wasn't it? He came around after closing.
He said he wanted to talk.
So you opened a bottle of wine.
First, he was civil.
Then he started accusing me of running the restaurant into the ground.
He said that if I divorced him, he'd cut me out of the franchise.
I said, "Over my dead body.
" And he got violent.
He ripped my shirt.
He shoved his hand between my legs and said that he could do whatever he wanted to me.
I begged him to stop, but he wouldn't.
Not until I told him I was pregnant.
And then he let go.
And I tried to run and I fell.
Are you pregnant? And Craig's the father? We tried to get back together for the sake of the business.
We had sex once or twice, but it didn't work.
Obviously, the sex worked.
Will you testify against him? No, I I can't.
We can protect you.
Jennifer, if you let this go again, next time, he might kill you.
You will protect me? Yes.
Why are we here? Mrs.
Fulton identified Leon Ardilles as her attacker.
Yeah, she recanted her ID.
Well, then Mrs.
Fulton is not a reliable witness.
Who's she going to finger next? Your client.
I never touched Jen.
You're a liar.
You beat her up just like you beat her before.
As soon as forensics puts you at the scene, we'll throw your ass in jail.
No, the only thing forensics will prove is that my client was in his own restaurant.
Drinking wine with his wife.
You didn't wipe all your prints off the glass there, smart guy.
You don't have my prints.
Uh, no, the State took 'em when you got your liquor license, you remember? Craig, don't say anything.
No, I want to.
Jen was telling the truth.
I was at the restaurant.
After the Knick game, I went over to talk about savin' the business.
But Jen had been drinking, and she wouldn't listen.
She told me she had bigger problems, like bein' pregnant.
I lost my temper.
Right.
And you beat the crap out of her.
No.
I begged her to stop drinking, if not for her sake, for our kid's.
She told me it was none of my business and she went to grab her purse.
I tried to get her keys.
Must be when her blouse got ripped.
Yeah.
I grabbed her by the arm, she pulled away.
She was unsteady on her feet.
She fell and she hit her head.
And then you ran out.
What a gentleman.
Look, I know I should've stayed there with her.
But I was afraid she was gonna call the cops and blame me.
Jennifer is pregnant.
Craig doesn't want to put her through a trial.
How noble of him.
What kind of deal would your client like to make? He'll take a serrano plea to assault three in exchange for misdemeanor probation.
Get real, Nikki.
I won't accept a no-contest plea for attempted rape when your client has a history of domestic violence.
Jennifer dropped all charges.
I have a confession, I have a complainant.
I'm goin' to trial.
With what? You have zero medical evidence of a rape and your complainant first blamed her attack on a disadvantaged kid.
Not to mention the fact that she drinks while she's pregnant.
And that makes it okay to beat her up? That was an accident.
He was protecting his unborn child.
I get this in front of a jury, he'll probably be acquitted.
Fulton takes the plea and agrees to a restraining order barring him from contact with Jennifer.
Any harassment, and I will lock him up.
You made a deal with that idiot? I take him to trial, I'm not sure I'd win.
What'll it take to convince you? Broken bones or maybe a dead body? Jennifer Fulton didn't exactly help her case by fingering the wrong guy.
So now rape victims have to be perfect before you'll bother to prosecute their rapists? I prosecute cases I have a chance at winning.
Well, hang around 'cause you'll be prosecuting him for murder.
The number one cause of death among pregnant women is homicide, usually by their partners.
Okay, Craig Fulton goes within 200 yards of Jennifer, he's in jail.
Oh, great.
That'll stop him.
Let's go give her the good news.
I can't believe you're letting him go.
He pled out to sexual assault.
That will be on his record.
And that's a punishment? After nearly killing me? You promised you'd protect me.
If he comes near you again, if he threatens you in any way, we will arrest him.
Can you be by my side I wish I'd never listened to you.
You think you've had enough there, Jennifer? I know what's enough, okay? Please don't lecture me.
I'd like you to go.
Jennifer, I know that we let you down, but if you need help, we can recommend counselors.
I don't need counseling.
You know alcohol's not good for the baby? I'm not having the baby.
If you need me.
This is my home number.
Hello.
Yeah, yeah, it's me.
He did what? Where are you? I'm really sorry.
I shouldn't have dragged you out in the middle of the night.
It's okay.
Just tell me what happened.
A woman came in just before we closed.
She said she had something from my husband and she gave me this.
It's a temporary restraining order.
Yeah, to stop me from having an abortion.
I have to go to court tomorrow.
Can he really do this? No, he can't.
Not unless someone rewrote New York State law overnight.
So I can ignore it? You've been served.
You have to appear.
Even if the restraining order has no legal standing? I'm afraid so.
He can just drag me into court, parade me around in public any time he wants? Don't worry.
New York recognizes a woman's right to privacy.
Even a pro-lifer like Judge Rebard will have to dismiss this order.
How did Craig manage to get his case heard before Rebard? Yeah, I was wondering about that myself, and I think I know the answer.
Felicity Bradshaw.
She's a well-known pro-life attorney.
Defends anti-abortion activists, even clinic bombers.
She's connected enough to get this on Judge Rebard's calendar.
But you can stop him, can't you? I'm an Assistant District Attorney.
I can't fight this for you.
But I can recommend someone who will.
Lorna Scarry.
I thought she only handled Wall Street embezzlers.
She salves her conscience by doing pro bono work for women's groups.
I've been up against her twice.
She wiped the floor with me both times.
Aside from the fact that it has no validity under the law, this order is a blatant attempt by Mr.
Fulton to harass and intimidate his wife.
My client can't even manage his own restaurant because of his wife's restraining order.
He has to come to the court just to discuss business with her.
Don't try to use me as a marriage counselor, Mrs.
Bradshaw.
I'm not, Your Honor.
Mr.
Fulton wants to prevent the termination of his child, but he fully acknowledges the burdens that this would impose upon his wife.
He's willing to fund alcohol rehabilitation What's she talking about? I'm not an alcoholic.
Mrs.
Fulton.
Please.
What kind of lies have you been telling her? Mr.
Fulton will pay for alcohol rehabilitation, and provide financial support for his wife during her pregnancy, and take custody of the child after it's born.
Miss Scarry, does your client wish time to consider this offer? Not in a million years.
He doesn't even like children.
We're impressed by Mr.
Fulton's generosity, Your Honor, but we know he's broke.
Uh, where will the funding come from? A group I'm associated with, Agnus Dei, would happily pay for Mrs.
Fulton's rehabilitation.
That group is a well-known religious organization, Your Honor.
Now they're trying to rewrite the Constitution and erode my client's reproductive rights.
Miss Scarry, you should be aware that Agnus Dei also has a constitutional right to express their beliefs.
Nonetheless, the order to prevent a termination has no standing under the law.
The case is dismissed.
Mrs.
Fulton, I know that you and your husband are at war, but before you hurry off to the clinic, ask yourself: Must your child have to become an innocent casualty? He has no right to dispense personal advice.
The decision to terminate the pregnancy is yours alone, Jennifer.
Hey, Jennifer.
I'm sorry.
I really am.
Walk away, Mr.
Fulton.
You're still under a restraining order.
I was just trying to help, that's all.
It got out of hand.
You've wanted this baby for so long.
Don't do this just to punish me.
Back off or I will arrest you.
Craig, that's enough.
Jennifer, do not let him get to you.
He only wants you to keep this child so he can have control over you.
I'm going to have the baby.
Because of what he just said? No.
Because it's what I really want.
A decision only you can make.
I wish you the best.
I'm sorry for getting you into this.
Do you really want to keep this child? Yes.
More than anything.
Maybe you should still talk to a counselor so that you're fully informed.
Do you know anyone? If the mom has seven or more drinks a week, or four or more drinks on any one occasion, her child could be born with Fetal Alcohol Syndrome.
Do you know what that is? Uh, sort of.
No, not really.
Children with FAS can have abnormal facial features along with growth and neurological problems.
They can also have problems with memory, speech, and hearing.
So if Jennifer stops drinking now, will the baby be all right? I'm afraid there's a slight chance it won't be.
We know that heavy drinking in the first trimester can cause the physical characteristics of FAS.
So exactly how much alcohol is safe? Even moderate social drinkers can have children with alcohol-related problems.
So to be safe, we say no alcohol.
Okay, so I'm a moderate social drinker.
Tell me the truth.
What's my risk? P- Put a number on it.
I can't.
We don't know why one fetus is born with FAS, while another with a similar exposure to alcohol is born healthy.
All I can say is that if you plan to have the baby, stop drinking now.
Get help if you need it, but stop.
Thanks for coming with me.
It's no problem.
You want to talk, call me.
I'll be okay.
Olivia, I mean it.
I'm going to clean up my act.
See you later.
Jen, can I talk to you for a second? What what are you doing? Craig wanted me to come by Police.
Show me your hands.
Jen, get back in the car.
Okay, okay.
Tell her I'm family, man.
Come on tell her.
Tell her I'm family.
You know this guy? It's Craig's brother.
What do you want? Craig just said to give Jen this.
Another court order.
Doesn't this worm give up? Josh, you better go.
What now? He's brought an action against you in Family Court for derivative neglect.
What the hell does that mean? That you're a threat to your baby.
He wants the State to lock you up to make you stop drinking.
She's having an abortion, so Craig takes her to court.
She decides to have the baby, and again, he drags her into court.
What the hell does he want? Power over Jennifer.
He's a control freak.
Yeah, a clever control freak.
Family court has to act in the interests of the child, whether it's born or unborn.
You know, Liv, even if Jennifer loses this case, what's the worst that can happen? She goes to rehab.
Which will help her and the kid.
And I don't see a problem there.
Aren't you overlooking something? Her husband tried to rape her, and yet she's the one being treated like a criminal.
What do you call a mother who drinks when she's pregnant even though she knows it can hurt her baby? She's not drinking now, but even if she was, the fact is, it's not a crime.
Whatever we think doesn't matter.
This isn't a Special Victims case anymore.
So we should move on.
She's still a victim.
Craig would say his unborn child is the victim.
Craig left his pregnant wife bleeding on the floor.
He doesn't give a damn about that child.
He's only using it as leverage to attack Jennifer, just like he's using the courts to harass her.
So what do you want to do, Olivia? I want to keep an eye on him, and make sure that his harassment doesn't turn into something criminal.
You think he'd be that stupid? If he got angry enough, yeah.
No one disputes Miss Fulton is a well-meaning professional who wants what's best for her child.
But good intentions have not protected her baby from her drinking.
Platitudes aside, Miss Bradshaw is trying to give a 12-week-old fetus rights which no court in the land would acknowledge.
If the fetus can't survive outside the womb, it's not a person under the law.
Surgeons can operate on a fetus at 18 weeks.
If a fetus can be a patient, how can it not be a person? Because in such procedures, the mother is the patient and her consent is required.
Counselors, let's stick to the law.
Miss Scarry chooses to forget that New York law does give the fetus rights as a person in cases of homicide and negligence.
Gloria C.
V.
William C.
, and New York v.
Sierra K.
The court institutionalized Sierra K.
Because she was a crack addict who'd given birth to five addicted babies and was pregnant with her sixth.
My client has had no children and has no record of parental neglect.
Furthermore, crack is an illegal drug.
My client's social drinking is perfectly legal.
Your client is an alcoholic.
That's enough, Miss Bradshaw.
Can you prove Mrs.
Fulton's drinking is putting her child at risk? Affidavits from Jennifer's colleagues and teachers attesting to her lifelong addiction to alcohol.
I can present eyewitnesses, including Mrs.
Fulton's husband and Det.
Benson who both have observed Jennifer drinking since she's known she was pregnant.
Your Honor, now that she's aware of the possible harmful effects of alcohol on her baby, Jennifer has pledged to stop drinking.
She has no record of erratic behavior, no DUl citations.
She's a hardworking woman being pursued by an abusive, vindictive husband and his ideologically motivated lawyer.
Your Honor.
I know your position, Counselor.
I'll review the materials and I will decide if I want to hear any witnesses.
We're adjourned.
How'd it go? Okay.
Bradshaw's really stretching the case law.
Yeah, how's Jennifer? She's hanging in there.
But Bradshaw's been diggin' up dirt.
Hubby's come up with some witnesses, including me.
This bastard's gonna do anything to win.
Scarry said it would be a good idea to check these people out, do some damage control.
We've got six names.
Let's split them up.
Thanks.
Elliot, did Cathy drink when she was pregnant? A glass of wine every now and then.
Why? I've been reading the FAS literature.
Do you know that even one night's drinking can cause Fetal Alcohol Syndrome? I didn't know that.
I guess I just got lucky.
Knowing that now, if she got pregnant again, would you let her? If Cathy got pregnant again, I'd shoot myself.
Seriously, look, she gave me four healthy kids, I'd trust her to make her own decision.
See you.
Thanks.
I haven't seen Jenny in 20 years and now you're the second person this week that's asking about her.
Really? Who else was here? Uh, her husband.
He wanted to surprise her for her birthday with some stories about her school days.
Yeah, what did you tell him? Only just that she was a good student.
Very bright.
And, um And sometimes she just had a wild side.
How would you define "wild side"? Oh, she was young.
She liked to push the boundaries.
And, uh Sometimes she came to class drunk.
Did the school suspend her? Not exactly.
She she took the semester off.
I really shouldn't be telling you this.
Miss Dunne, Her husband's a liar.
He's just trying to hurt her in court.
I need to know everything that you told him.
L I didn't tell him why she left school.
Please tell me.
She was pregnant.
I helped her to find a home for unwed mothers.
She came to me because she had no one else to turn to.
Her mother didn't care and her father had disappeared.
What happened to the baby? She gave it up for adoption.
And that was the end of it? About four years later, the adoption agency contacted me.
They Jenny had given them my name.
They said that, uh, they had lost touch with her and they needed to find her.
They say why? No.
I told them where to contact her, and that was the last I heard.
Lily, there are some people here to see you.
Hello, Lily.
I'm Elliot.
This is my friend Olivia.
Hi, Elliot.
Hi, Olivia.
Do you want to play cards with us? Okay, what you playing? Go Fish.
Ah, that's my game.
Deal me in.
My wife and I adopted Lily about 17 years ago.
And when did you notice that something was wrong? We started to notice when she was about three.
She was having coordination problems and she seemed slower than kids her age.
We thought it might help to find out her parents' medical history.
So you contacted the birth mother? The adoption agency's records were a mess, but we found out through a former teacher an address.
We wrote, we phoned, but nobody answered.
You should have told us, Jennifer.
L I didn't think it mattered.
I was just a kid.
Your daughter's adoptive parents tried to contact you.
Why didn't you respond? I'd given up my baby.
I couldn't bear to go through all that pain again.
So you put her out of your mind.
No.
No, never.
Not a day goes by that I don't think about her and pray that her family loves her.
They do.
You've seen her? Yes.
And we think that you should, too.
Her name's Lily.
And she's a sweet, loving kid.
She has Fetal Alcohol Syndrome.
Oh, God.
What if this baby has it, too? I called the FAS counselor.
She said in families where a child already has FAS, the chances of a sibling having it go up dramatically.
Please don't tell anyone about this.
Don't tell anyone about Lily.
I'm sorry, but we're officers of the law.
We can't keep this information from the court.
Initially, I felt the mother's rights in this case were being unfairly eroded, but the new information we have about Jennifer's first child and the significant extra risk this poses to the fetus has made me change my mind.
Under Article 10 of the Family Court Act, I find, the fetus is at risk of derivative neglect.
Jennifer Fulton, you are to abstain from alcohol for the duration of your pregnancy, and you are to present yourself in the next 24 hours for counseling and outpatient treatment at an alcohol rehabilitation center.
It's late.
What do you want? To tell you I'm sorry that things worked out like this.
Is that supposed to make me feel better? I doubt it will.
I was trying to help you.
What? You planning on running my restaurant while I'm in rehab? You're going to be an outpatient, you can work out a schedule.
Oh, you always have all the answers, don't you, Olivia? Are you okay? Yeah, couldn't be better.
Jennifer, are you drinking? No.
Give it back.
What is this, rum? Do you have any idea what you're doing to yourself? Yeah, and I have every right to do it.
And what about your baby? You promised me that you'd stop and I believed you.
I went to bat for you.
I didn't ask you to.
Yes, you did.
This is none of your damn business! It is my business.
I'm a cop and you're violating a court order.
Oh, get over yourself.
I'd like to see you handle being pregnant.
Jennifer Fulton, you're under arrest for criminal contempt of court.
No.
You have the right to remain silent.
Olivia, no, please.
No, please.
Don't do this to me.
Please.
Congratulations, Ms.
Novak.
You've got your cops hauling pregnant women out of their homes in the middle of the night.
Det.
Benson showed a concern for Mrs.
Fulton above and beyond the call of duty.
I'm sitting here because of her concern for me.
Look, we're not here to fight.
I came to offer a deal.
What kind of deal? If Jennifer pleads guilty, I'll ask for a suspended sentence, pending successful completion of her pregnancy in an alcohol treatment facility.
She's not going to court, but you're gonna lock her up anyway.
It's a residential facility, it's not a prison.
You're depriving her of her liberty.
And sending a message to every troubled pregnant woman that she should avoid doctors, hospitals, health workers, and above all, the police, or she too might end up in jail.
That's a ludicrous exaggeration.
Not from where my client is sitting.
Jennifer, we're trying to do what's best for you and your baby.
You're gonna have to trust us.
I did trust you, Olivia.
The best way out of this is to take the deal.
No.
I'm not taking any more advice from you or her.
I want my day in court.
Jennifer, how did you end up here in this court? Your Honor, what's the relevance? Get to where you're going, Miss Scarry.
I believe it all started because your husband attempted to rape you? Yes.
And then he joined forces with an anti-abortion group and took you to court? They wanted to stop me from terminating my pregnancy.
I realized I wanted a child and that I was incredibly lucky to have the chance to have one.
But after you agreed to your husband's request not to terminate the pregnancy, he took you to court again, this time alleging you were an unfit mother.
Yes.
Because of my drinking.
So these last few weeks of your life include an attempted rape, multiple court appearances, and now you're on trial after having been arrested in your own home.
Jennifer, if you had not been subjected to this level of harassment, would you need to drink? No.
How do you know? Objection.
Calls for speculation.
Answer the question, Mrs.
Fulton.
I drink when I'm under stress.
If my husband would leave me alone, I wouldn't need alcohol.
And will you do everything you can to ensure your child is healthy? Yes, I will.
Jennifer, do you believe you can control your alcohol addiction? Yes, I do.
You weren't able to go without breaking the Family Court's ruling.
I was under a lot of stress.
You're pregnant.
That stress isn't going to go away.
Can you guarantee that you won't have another lapse? Yes.
How? Alcoholism is a disease.
It's not something that can be switched on and off.
I know I can control it.
How can you, Jennifer? Because I love my baby.
I'm not gonna hurt it.
You say that, but you still drank.
I'm telling you, I love my child.
I do.
The People's argument makes perfect sense.
If the mother has a drinking problem, why not give her treatment so her behavior doesn't harm her unborn child? Everything in me, as a wife and a mother, agrees with the urge to protect the fetus.
Then why does this Family Court order make me so afraid? Because if you follow the Court's line of thinking to its inevitable conclusion, then every pregnant woman could be monitored by the State.
Today it's alcohol.
What's next? Driving? She could get into an accident.
Prescription meds, all those side effects.
Dieting, the baby might suffer.
In fact, why not prohibit every activity which could harm the fetus? If you give the fetus rights to the extent the Family Court demands, then all you women here must be prepared to lose your own rights.
And where will it end? With you as nothing more than childbearing receptacles with no right to privacy and no right to control your own bodies.
Jennifer Fulton is here because she ignored a court order not to drink.
She has promised not to drink again, and to attend an outpatient facility.
But she has broken these promises before.
Now, how can she guarantee that she won't break them again? She can't.
You've been asked to consider the mother's rights, but don't forget about the rights of the child, the child Jennifer wants to have.
Doesn't that child have the right to be born healthy? Or must it suffer its entire life just to uphold the mother's right to do whatever she wants with her body? You know Jennifer can't help herself, so I'm asking you to help her by finding her guilty.
Yes, she will be locked up, but she will also be given, at State expense, the treatment that she needs to ensure the safe delivery of her baby.
Isn't that what everyone here wants? Ladies and gentlemen of the jury, have you reached a verdict? We have, Your Honor.
On the charge of criminal contempt of court, how do you find? We find the defendant not guilty.
Mrs.
Fulton, I'm sure you understand the Family Court ruling still applies.
You will present yourself for treatment tomorrow morning or you will find yourself in court again.
This court is adjourned.
What you doin'? I came to see my daughter.
How did you know I was here? Lily's dad called me.
He said that a woman was outside his house for hours, watching.
I knew it was you.
They didn't find me guilty in court because they didn't want to lock me up.
But I am guilty.
What if I've damaged this baby, too? What if she's like Lily? Why don't you talk to Lily? I can't.
That's why you came, isn't it? Jennifer, it's okay.
I told them who you are.
And they said to come over.
Talk to Lily.
Come on.
I'll wait for you.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
Come in, Central.
Go ahead.
Got a 10-10, possible burglary at Momma Sue's Restaurant.
Request backup.
Backup, 10-4.
Police.
Let me see your hands.
Now.
Drop the gun.
Will you help me? Drop the piece or I shoot.
Please.
Somebody help me.
I'm over here.
Wait.
Hold it.
Someone help me, please.
Assault victim at this location.
Need a bus and SVU.
You okay, Mrs.
Fulton? It's okay.
My head.
Central.
Bus is on the way.
Male, maybe Latino.
Late teens, dark jacket, some kind of cap.
You get a look at his face? Sorry.
I was too busy lookin' at his gun.
I understand.
Thank you.
Hey.
Hey.
Sorry to wake you up.
You didn't.
I was helping the twins with a science project.
What've we got? Victim is Jennifer Fulton.
She owns the restaurant with her husband.
Now the place was closed, but front and rear doors were open.
Perp knocked her out, and he raped her.
She usually works this late? Sometimes she closes up, sometimes the husband.
The cops know them, so they make a point of checkin' in.
Which is what Off.
Breggin was doing when he caught the perp in the act.
"B-I-C-H.
" Did the moron rob the place? Night's take was still in the register.
Then either he didn't get to finish the job, or this was personal.
Where did EMS take her? You almost missed her.
She lost consciousness and you're releasing her? Mrs.
Fulton is insisting she leave.
She let you do a rape kit? Yes.
We patched her up as best we could.
Jennifer, I'm Det.
Olivia Benson.
This is my partner, Elliot Stabler.
Hello.
Do I need to sign something? Mrs.
Fulton, I'm urging you to let us admit you for the night.
Look, Doctor, I'm fine, honestly.
Um, just show me where to sign.
We just have a few questions we'd like to ask you about what happened.
Of course.
Did you know your attacker? No.
Can you describe him? Well, I'm afraid it all happened so quickly.
What about his clothes? His race? Had he been drinking? Look, I was in the middle of closing up, and he hit me from behind.
I'm sorry, I don't remember anything.
Okay.
Well, why don't you go home and get some rest, and we'll talk to you tomorrow? Look, thank you for your concern, but really, I'm all right.
You were assaulted.
And I survived.
Please, I just want to put this behind me.
The rape kit was negative, but the ER confirmed that Jennifer Fulton was assaulted.
Denial's a normal response to trauma.
Either that or she's scared that the creep will try again.
Look at the graffiti, Captain.
He's sending her a message.
Well, if she was threatened, could explain why she wouldn't talk.
You run this past the Gang Squad? They didn't recognize the tags, could mean it's some wannabe.
Or a new recruit tryin' to make his bones.
Well, check with the local precinct.
See if the Fultons filed any complaints recently.
Talk to CSU.
Maybe this guy left something besides his bad spelling.
We found skin, blood, and makeup.
Well, that explains the cut on her temple.
She fell or was pushed into the counter.
Yeah.
No security cameras.
Now, what about the paint? Available at any auto shop or hardware store.
In other words, O'Halloran, you got zip.
Hey, not so hasty, Munch.
We're still checkin' the bar for prints, and we found this by the back door.
What is it? Top of a new pack of chewing gum.
Not enough to print, but it's somethin'.
Why? Anybody could've dropped it.
I don't think so.
Entryway was mopped right after the restaurant closed.
The floor was spotless.
Except for this.
Okay, kid breaks in.
Pops a piece of gum to calm his nerves.
Could've bought it nearby.
He could have bought it in Pittsburgh.
We'll check the stores around here first.
Just got a call from the 29.
They've had no complaints from the Fultons about gang harassment.
But Jennifer's been in trouble before.
What for? Undercover cop caught her serving liquor to a minor.
She said it was a mistake, kid looked older than he was.
It was her first offense.
She paid the fine.
Was the kid cited? Yeah, 18-year-old Leon Ardilles.
His photo's being faxed over now.
Anybody who might want to target the restaurant? Nothing's that's come up.
Momma Sue's is a restaurant chain out of New Orleans.
Jennifer and her husband own the franchise for the West Village.
We found a "smoking gum.
" What is he talking about? We pulled security camera tapes from every convenience store within a 10-block radius of the restaurant.
And came up with this.
Latino male, late teens.
came by the restaurant.
Store owner know the kid? No.
Get a printout, canvass the neighborhood.
Don't bother.
This is Leon Ardilles, our underage drinker.
And so is that.
Did you see the man who attacked you? I'm not sure.
It was it was dark.
Take your time, Jen.
I think it was him.
You ever seen him before last night? He looks like the kid that was arrested in our bar for drinking last month.
Yeah, he was underage.
Had the balls to blame Jen for gettin' him in trouble.
I should have never left you alone to close up.
Did you take the night off, Mr.
Fulton? Yeah.
I had tickets to the Knicks.
Second row.
That was some game.
Thought Houston was gonna pull it out in the fourth.
Houston fouled out in the third.
What game were you watchin'? I must be thinking about the game the night before last.
Right.
Are you gonna arrest the punk who attacked my wife? Remember her? Never seen her before.
How about I refresh your memory? Cops busted you for drinkin' in her bar.
Doesn't mean I roughed her up.
You did the lady, left your tag, even faced down a cop.
Only thing we don't get is why a big, tough hombre like you had to knock her out before you tried to rape her.
Sounds like performance anxiety to me.
I swear I didn't touch her.
You touched something.
That look like orange paint? Let go of me.
Uh-huh.
I might've guessed.
NYPD's very own civil rights busters.
What do you want, Balthus? Some quality time with my client.
Yeah, sorry, we're taking him to the crime lab.
What for? To test the paint on his hands.
So this is where you fellas cook the books.
Why isn't this in an evidence bag? Because it's my lunch.
Oops.
Well, look at this.
Our crime scene.
Stay away from there, Balthus.
Listen, Munchkins, I can see it now, or I can see it in discovery.
Okay.
I'll test the sample in the GCMS.
"Gas Chromatograph Mass Spectrometer.
" Which will tell you that the paint on Leon's finger matches about a million cans of spray paint.
So, there was a glass, and an open bottle of wine on the bar which you then dusted for prints.
And whose did you find? Jennifer Fulton's.
Here's another piece of evidence, a broken wine glass.
And what does the report say? "Found in trash behind bar.
"Glass wiped clean but two partial prints on base.
" Mrs.
Fulton's, too? No, we're still looking.
So after the restaurant was closed, Mrs.
Fulton shared a bottle of wine with some mystery person who then wiped his prints and left.
Leon, did Mrs.
Fulton invite you in for a glass of wine? No, ma'am.
I didn't think so.
The paint's a match.
You're cooked, Leon.
Okay.
I found the door open, I went in and tagged the place.
I heard a moan and I saw her lyin' there.
I was gonna help her when the cop came in.
Criminal trespassing.
I doubt he'll even get probation.
Trespass? The little psycho had a gun.
Gun? What gun? Did you find a gun? No.
I'll see you at arraignment.
Not another word.
The kid admits he was there, Captain.
Off.
Breggin swears he was armed.
And the victim ID'd him.
We still got a good case.
If you hadn't given his attorney a sneak preview of the forensics.
Why the hell did you let her in? We didn't have a choice.
She would've got the evidence in discovery anyway.
Well, wee still have to ID Mrs.
Fulton's mystery boyfriend.
Elliot and Olivia are lookin' at everybody who worked at the restaurant after hours.
Give them a hand.
May not need one.
Checked out her husband Craig.
Turns out he took a couple of collars for domestic violence.
So we've got his prints.
They're sealed.
Cases never made it to court.
Jennifer dropped all charges.
Doesn't mean Craig assaulted her this time.
Yeah, but it maybe why they're not livin' together anymore.
Craig moved out six months ago.
Then why the loving couple act? Because the restaurant franchise is in both their names.
Momma Sue's head office in New Orleans just told me that if the Fultons split up or if they get into any legal trouble, they could lose the restaurant.
They're staying married for the money? Ah, no.
There is no money.
Head office says the restaurant's in trouble, profits are in the toilet.
They were thinkin' of closin' the place.
That's a recipe for violence.
I'll tell you who will have hubby's prints: State Liquor Authority.
Get the lab to run 'em against the partials.
And maybe you should ask Jennifer who she shared that romantic bottle of wine with.
Why are you questioning me? I thought I was the victim here.
Jennifer, the defense is gonna dig into your personal life to undermine your case.
You've got to tell me everything.
I have.
Well, you didn't tell me that you and your husband were separated.
It's not official.
I want a divorce, he doesn't.
Look, I really don't want to talk about this.
Mrs.
Fulton, think about what you're doing.
I know what I am doing.
I am trying to keep my life together.
If you guys can't help me, please leave me alone.
We're on your side.
Jennifer, we know that you were attacked.
We know that Leon Ardilles had a grudge against you.
But did he try to rape you? Jennifer, was it Leon? No, I'm sorry.
It wasn't him.
It was your husband, wasn't it? He came around after closing.
He said he wanted to talk.
So you opened a bottle of wine.
First, he was civil.
Then he started accusing me of running the restaurant into the ground.
He said that if I divorced him, he'd cut me out of the franchise.
I said, "Over my dead body.
" And he got violent.
He ripped my shirt.
He shoved his hand between my legs and said that he could do whatever he wanted to me.
I begged him to stop, but he wouldn't.
Not until I told him I was pregnant.
And then he let go.
And I tried to run and I fell.
Are you pregnant? And Craig's the father? We tried to get back together for the sake of the business.
We had sex once or twice, but it didn't work.
Obviously, the sex worked.
Will you testify against him? No, I I can't.
We can protect you.
Jennifer, if you let this go again, next time, he might kill you.
You will protect me? Yes.
Why are we here? Mrs.
Fulton identified Leon Ardilles as her attacker.
Yeah, she recanted her ID.
Well, then Mrs.
Fulton is not a reliable witness.
Who's she going to finger next? Your client.
I never touched Jen.
You're a liar.
You beat her up just like you beat her before.
As soon as forensics puts you at the scene, we'll throw your ass in jail.
No, the only thing forensics will prove is that my client was in his own restaurant.
Drinking wine with his wife.
You didn't wipe all your prints off the glass there, smart guy.
You don't have my prints.
Uh, no, the State took 'em when you got your liquor license, you remember? Craig, don't say anything.
No, I want to.
Jen was telling the truth.
I was at the restaurant.
After the Knick game, I went over to talk about savin' the business.
But Jen had been drinking, and she wouldn't listen.
She told me she had bigger problems, like bein' pregnant.
I lost my temper.
Right.
And you beat the crap out of her.
No.
I begged her to stop drinking, if not for her sake, for our kid's.
She told me it was none of my business and she went to grab her purse.
I tried to get her keys.
Must be when her blouse got ripped.
Yeah.
I grabbed her by the arm, she pulled away.
She was unsteady on her feet.
She fell and she hit her head.
And then you ran out.
What a gentleman.
Look, I know I should've stayed there with her.
But I was afraid she was gonna call the cops and blame me.
Jennifer is pregnant.
Craig doesn't want to put her through a trial.
How noble of him.
What kind of deal would your client like to make? He'll take a serrano plea to assault three in exchange for misdemeanor probation.
Get real, Nikki.
I won't accept a no-contest plea for attempted rape when your client has a history of domestic violence.
Jennifer dropped all charges.
I have a confession, I have a complainant.
I'm goin' to trial.
With what? You have zero medical evidence of a rape and your complainant first blamed her attack on a disadvantaged kid.
Not to mention the fact that she drinks while she's pregnant.
And that makes it okay to beat her up? That was an accident.
He was protecting his unborn child.
I get this in front of a jury, he'll probably be acquitted.
Fulton takes the plea and agrees to a restraining order barring him from contact with Jennifer.
Any harassment, and I will lock him up.
You made a deal with that idiot? I take him to trial, I'm not sure I'd win.
What'll it take to convince you? Broken bones or maybe a dead body? Jennifer Fulton didn't exactly help her case by fingering the wrong guy.
So now rape victims have to be perfect before you'll bother to prosecute their rapists? I prosecute cases I have a chance at winning.
Well, hang around 'cause you'll be prosecuting him for murder.
The number one cause of death among pregnant women is homicide, usually by their partners.
Okay, Craig Fulton goes within 200 yards of Jennifer, he's in jail.
Oh, great.
That'll stop him.
Let's go give her the good news.
I can't believe you're letting him go.
He pled out to sexual assault.
That will be on his record.
And that's a punishment? After nearly killing me? You promised you'd protect me.
If he comes near you again, if he threatens you in any way, we will arrest him.
Can you be by my side I wish I'd never listened to you.
You think you've had enough there, Jennifer? I know what's enough, okay? Please don't lecture me.
I'd like you to go.
Jennifer, I know that we let you down, but if you need help, we can recommend counselors.
I don't need counseling.
You know alcohol's not good for the baby? I'm not having the baby.
If you need me.
This is my home number.
Hello.
Yeah, yeah, it's me.
He did what? Where are you? I'm really sorry.
I shouldn't have dragged you out in the middle of the night.
It's okay.
Just tell me what happened.
A woman came in just before we closed.
She said she had something from my husband and she gave me this.
It's a temporary restraining order.
Yeah, to stop me from having an abortion.
I have to go to court tomorrow.
Can he really do this? No, he can't.
Not unless someone rewrote New York State law overnight.
So I can ignore it? You've been served.
You have to appear.
Even if the restraining order has no legal standing? I'm afraid so.
He can just drag me into court, parade me around in public any time he wants? Don't worry.
New York recognizes a woman's right to privacy.
Even a pro-lifer like Judge Rebard will have to dismiss this order.
How did Craig manage to get his case heard before Rebard? Yeah, I was wondering about that myself, and I think I know the answer.
Felicity Bradshaw.
She's a well-known pro-life attorney.
Defends anti-abortion activists, even clinic bombers.
She's connected enough to get this on Judge Rebard's calendar.
But you can stop him, can't you? I'm an Assistant District Attorney.
I can't fight this for you.
But I can recommend someone who will.
Lorna Scarry.
I thought she only handled Wall Street embezzlers.
She salves her conscience by doing pro bono work for women's groups.
I've been up against her twice.
She wiped the floor with me both times.
Aside from the fact that it has no validity under the law, this order is a blatant attempt by Mr.
Fulton to harass and intimidate his wife.
My client can't even manage his own restaurant because of his wife's restraining order.
He has to come to the court just to discuss business with her.
Don't try to use me as a marriage counselor, Mrs.
Bradshaw.
I'm not, Your Honor.
Mr.
Fulton wants to prevent the termination of his child, but he fully acknowledges the burdens that this would impose upon his wife.
He's willing to fund alcohol rehabilitation What's she talking about? I'm not an alcoholic.
Mrs.
Fulton.
Please.
What kind of lies have you been telling her? Mr.
Fulton will pay for alcohol rehabilitation, and provide financial support for his wife during her pregnancy, and take custody of the child after it's born.
Miss Scarry, does your client wish time to consider this offer? Not in a million years.
He doesn't even like children.
We're impressed by Mr.
Fulton's generosity, Your Honor, but we know he's broke.
Uh, where will the funding come from? A group I'm associated with, Agnus Dei, would happily pay for Mrs.
Fulton's rehabilitation.
That group is a well-known religious organization, Your Honor.
Now they're trying to rewrite the Constitution and erode my client's reproductive rights.
Miss Scarry, you should be aware that Agnus Dei also has a constitutional right to express their beliefs.
Nonetheless, the order to prevent a termination has no standing under the law.
The case is dismissed.
Mrs.
Fulton, I know that you and your husband are at war, but before you hurry off to the clinic, ask yourself: Must your child have to become an innocent casualty? He has no right to dispense personal advice.
The decision to terminate the pregnancy is yours alone, Jennifer.
Hey, Jennifer.
I'm sorry.
I really am.
Walk away, Mr.
Fulton.
You're still under a restraining order.
I was just trying to help, that's all.
It got out of hand.
You've wanted this baby for so long.
Don't do this just to punish me.
Back off or I will arrest you.
Craig, that's enough.
Jennifer, do not let him get to you.
He only wants you to keep this child so he can have control over you.
I'm going to have the baby.
Because of what he just said? No.
Because it's what I really want.
A decision only you can make.
I wish you the best.
I'm sorry for getting you into this.
Do you really want to keep this child? Yes.
More than anything.
Maybe you should still talk to a counselor so that you're fully informed.
Do you know anyone? If the mom has seven or more drinks a week, or four or more drinks on any one occasion, her child could be born with Fetal Alcohol Syndrome.
Do you know what that is? Uh, sort of.
No, not really.
Children with FAS can have abnormal facial features along with growth and neurological problems.
They can also have problems with memory, speech, and hearing.
So if Jennifer stops drinking now, will the baby be all right? I'm afraid there's a slight chance it won't be.
We know that heavy drinking in the first trimester can cause the physical characteristics of FAS.
So exactly how much alcohol is safe? Even moderate social drinkers can have children with alcohol-related problems.
So to be safe, we say no alcohol.
Okay, so I'm a moderate social drinker.
Tell me the truth.
What's my risk? P- Put a number on it.
I can't.
We don't know why one fetus is born with FAS, while another with a similar exposure to alcohol is born healthy.
All I can say is that if you plan to have the baby, stop drinking now.
Get help if you need it, but stop.
Thanks for coming with me.
It's no problem.
You want to talk, call me.
I'll be okay.
Olivia, I mean it.
I'm going to clean up my act.
See you later.
Jen, can I talk to you for a second? What what are you doing? Craig wanted me to come by Police.
Show me your hands.
Jen, get back in the car.
Okay, okay.
Tell her I'm family, man.
Come on tell her.
Tell her I'm family.
You know this guy? It's Craig's brother.
What do you want? Craig just said to give Jen this.
Another court order.
Doesn't this worm give up? Josh, you better go.
What now? He's brought an action against you in Family Court for derivative neglect.
What the hell does that mean? That you're a threat to your baby.
He wants the State to lock you up to make you stop drinking.
She's having an abortion, so Craig takes her to court.
She decides to have the baby, and again, he drags her into court.
What the hell does he want? Power over Jennifer.
He's a control freak.
Yeah, a clever control freak.
Family court has to act in the interests of the child, whether it's born or unborn.
You know, Liv, even if Jennifer loses this case, what's the worst that can happen? She goes to rehab.
Which will help her and the kid.
And I don't see a problem there.
Aren't you overlooking something? Her husband tried to rape her, and yet she's the one being treated like a criminal.
What do you call a mother who drinks when she's pregnant even though she knows it can hurt her baby? She's not drinking now, but even if she was, the fact is, it's not a crime.
Whatever we think doesn't matter.
This isn't a Special Victims case anymore.
So we should move on.
She's still a victim.
Craig would say his unborn child is the victim.
Craig left his pregnant wife bleeding on the floor.
He doesn't give a damn about that child.
He's only using it as leverage to attack Jennifer, just like he's using the courts to harass her.
So what do you want to do, Olivia? I want to keep an eye on him, and make sure that his harassment doesn't turn into something criminal.
You think he'd be that stupid? If he got angry enough, yeah.
No one disputes Miss Fulton is a well-meaning professional who wants what's best for her child.
But good intentions have not protected her baby from her drinking.
Platitudes aside, Miss Bradshaw is trying to give a 12-week-old fetus rights which no court in the land would acknowledge.
If the fetus can't survive outside the womb, it's not a person under the law.
Surgeons can operate on a fetus at 18 weeks.
If a fetus can be a patient, how can it not be a person? Because in such procedures, the mother is the patient and her consent is required.
Counselors, let's stick to the law.
Miss Scarry chooses to forget that New York law does give the fetus rights as a person in cases of homicide and negligence.
Gloria C.
V.
William C.
, and New York v.
Sierra K.
The court institutionalized Sierra K.
Because she was a crack addict who'd given birth to five addicted babies and was pregnant with her sixth.
My client has had no children and has no record of parental neglect.
Furthermore, crack is an illegal drug.
My client's social drinking is perfectly legal.
Your client is an alcoholic.
That's enough, Miss Bradshaw.
Can you prove Mrs.
Fulton's drinking is putting her child at risk? Affidavits from Jennifer's colleagues and teachers attesting to her lifelong addiction to alcohol.
I can present eyewitnesses, including Mrs.
Fulton's husband and Det.
Benson who both have observed Jennifer drinking since she's known she was pregnant.
Your Honor, now that she's aware of the possible harmful effects of alcohol on her baby, Jennifer has pledged to stop drinking.
She has no record of erratic behavior, no DUl citations.
She's a hardworking woman being pursued by an abusive, vindictive husband and his ideologically motivated lawyer.
Your Honor.
I know your position, Counselor.
I'll review the materials and I will decide if I want to hear any witnesses.
We're adjourned.
How'd it go? Okay.
Bradshaw's really stretching the case law.
Yeah, how's Jennifer? She's hanging in there.
But Bradshaw's been diggin' up dirt.
Hubby's come up with some witnesses, including me.
This bastard's gonna do anything to win.
Scarry said it would be a good idea to check these people out, do some damage control.
We've got six names.
Let's split them up.
Thanks.
Elliot, did Cathy drink when she was pregnant? A glass of wine every now and then.
Why? I've been reading the FAS literature.
Do you know that even one night's drinking can cause Fetal Alcohol Syndrome? I didn't know that.
I guess I just got lucky.
Knowing that now, if she got pregnant again, would you let her? If Cathy got pregnant again, I'd shoot myself.
Seriously, look, she gave me four healthy kids, I'd trust her to make her own decision.
See you.
Thanks.
I haven't seen Jenny in 20 years and now you're the second person this week that's asking about her.
Really? Who else was here? Uh, her husband.
He wanted to surprise her for her birthday with some stories about her school days.
Yeah, what did you tell him? Only just that she was a good student.
Very bright.
And, um And sometimes she just had a wild side.
How would you define "wild side"? Oh, she was young.
She liked to push the boundaries.
And, uh Sometimes she came to class drunk.
Did the school suspend her? Not exactly.
She she took the semester off.
I really shouldn't be telling you this.
Miss Dunne, Her husband's a liar.
He's just trying to hurt her in court.
I need to know everything that you told him.
L I didn't tell him why she left school.
Please tell me.
She was pregnant.
I helped her to find a home for unwed mothers.
She came to me because she had no one else to turn to.
Her mother didn't care and her father had disappeared.
What happened to the baby? She gave it up for adoption.
And that was the end of it? About four years later, the adoption agency contacted me.
They Jenny had given them my name.
They said that, uh, they had lost touch with her and they needed to find her.
They say why? No.
I told them where to contact her, and that was the last I heard.
Lily, there are some people here to see you.
Hello, Lily.
I'm Elliot.
This is my friend Olivia.
Hi, Elliot.
Hi, Olivia.
Do you want to play cards with us? Okay, what you playing? Go Fish.
Ah, that's my game.
Deal me in.
My wife and I adopted Lily about 17 years ago.
And when did you notice that something was wrong? We started to notice when she was about three.
She was having coordination problems and she seemed slower than kids her age.
We thought it might help to find out her parents' medical history.
So you contacted the birth mother? The adoption agency's records were a mess, but we found out through a former teacher an address.
We wrote, we phoned, but nobody answered.
You should have told us, Jennifer.
L I didn't think it mattered.
I was just a kid.
Your daughter's adoptive parents tried to contact you.
Why didn't you respond? I'd given up my baby.
I couldn't bear to go through all that pain again.
So you put her out of your mind.
No.
No, never.
Not a day goes by that I don't think about her and pray that her family loves her.
They do.
You've seen her? Yes.
And we think that you should, too.
Her name's Lily.
And she's a sweet, loving kid.
She has Fetal Alcohol Syndrome.
Oh, God.
What if this baby has it, too? I called the FAS counselor.
She said in families where a child already has FAS, the chances of a sibling having it go up dramatically.
Please don't tell anyone about this.
Don't tell anyone about Lily.
I'm sorry, but we're officers of the law.
We can't keep this information from the court.
Initially, I felt the mother's rights in this case were being unfairly eroded, but the new information we have about Jennifer's first child and the significant extra risk this poses to the fetus has made me change my mind.
Under Article 10 of the Family Court Act, I find, the fetus is at risk of derivative neglect.
Jennifer Fulton, you are to abstain from alcohol for the duration of your pregnancy, and you are to present yourself in the next 24 hours for counseling and outpatient treatment at an alcohol rehabilitation center.
It's late.
What do you want? To tell you I'm sorry that things worked out like this.
Is that supposed to make me feel better? I doubt it will.
I was trying to help you.
What? You planning on running my restaurant while I'm in rehab? You're going to be an outpatient, you can work out a schedule.
Oh, you always have all the answers, don't you, Olivia? Are you okay? Yeah, couldn't be better.
Jennifer, are you drinking? No.
Give it back.
What is this, rum? Do you have any idea what you're doing to yourself? Yeah, and I have every right to do it.
And what about your baby? You promised me that you'd stop and I believed you.
I went to bat for you.
I didn't ask you to.
Yes, you did.
This is none of your damn business! It is my business.
I'm a cop and you're violating a court order.
Oh, get over yourself.
I'd like to see you handle being pregnant.
Jennifer Fulton, you're under arrest for criminal contempt of court.
No.
You have the right to remain silent.
Olivia, no, please.
No, please.
Don't do this to me.
Please.
Congratulations, Ms.
Novak.
You've got your cops hauling pregnant women out of their homes in the middle of the night.
Det.
Benson showed a concern for Mrs.
Fulton above and beyond the call of duty.
I'm sitting here because of her concern for me.
Look, we're not here to fight.
I came to offer a deal.
What kind of deal? If Jennifer pleads guilty, I'll ask for a suspended sentence, pending successful completion of her pregnancy in an alcohol treatment facility.
She's not going to court, but you're gonna lock her up anyway.
It's a residential facility, it's not a prison.
You're depriving her of her liberty.
And sending a message to every troubled pregnant woman that she should avoid doctors, hospitals, health workers, and above all, the police, or she too might end up in jail.
That's a ludicrous exaggeration.
Not from where my client is sitting.
Jennifer, we're trying to do what's best for you and your baby.
You're gonna have to trust us.
I did trust you, Olivia.
The best way out of this is to take the deal.
No.
I'm not taking any more advice from you or her.
I want my day in court.
Jennifer, how did you end up here in this court? Your Honor, what's the relevance? Get to where you're going, Miss Scarry.
I believe it all started because your husband attempted to rape you? Yes.
And then he joined forces with an anti-abortion group and took you to court? They wanted to stop me from terminating my pregnancy.
I realized I wanted a child and that I was incredibly lucky to have the chance to have one.
But after you agreed to your husband's request not to terminate the pregnancy, he took you to court again, this time alleging you were an unfit mother.
Yes.
Because of my drinking.
So these last few weeks of your life include an attempted rape, multiple court appearances, and now you're on trial after having been arrested in your own home.
Jennifer, if you had not been subjected to this level of harassment, would you need to drink? No.
How do you know? Objection.
Calls for speculation.
Answer the question, Mrs.
Fulton.
I drink when I'm under stress.
If my husband would leave me alone, I wouldn't need alcohol.
And will you do everything you can to ensure your child is healthy? Yes, I will.
Jennifer, do you believe you can control your alcohol addiction? Yes, I do.
You weren't able to go without breaking the Family Court's ruling.
I was under a lot of stress.
You're pregnant.
That stress isn't going to go away.
Can you guarantee that you won't have another lapse? Yes.
How? Alcoholism is a disease.
It's not something that can be switched on and off.
I know I can control it.
How can you, Jennifer? Because I love my baby.
I'm not gonna hurt it.
You say that, but you still drank.
I'm telling you, I love my child.
I do.
The People's argument makes perfect sense.
If the mother has a drinking problem, why not give her treatment so her behavior doesn't harm her unborn child? Everything in me, as a wife and a mother, agrees with the urge to protect the fetus.
Then why does this Family Court order make me so afraid? Because if you follow the Court's line of thinking to its inevitable conclusion, then every pregnant woman could be monitored by the State.
Today it's alcohol.
What's next? Driving? She could get into an accident.
Prescription meds, all those side effects.
Dieting, the baby might suffer.
In fact, why not prohibit every activity which could harm the fetus? If you give the fetus rights to the extent the Family Court demands, then all you women here must be prepared to lose your own rights.
And where will it end? With you as nothing more than childbearing receptacles with no right to privacy and no right to control your own bodies.
Jennifer Fulton is here because she ignored a court order not to drink.
She has promised not to drink again, and to attend an outpatient facility.
But she has broken these promises before.
Now, how can she guarantee that she won't break them again? She can't.
You've been asked to consider the mother's rights, but don't forget about the rights of the child, the child Jennifer wants to have.
Doesn't that child have the right to be born healthy? Or must it suffer its entire life just to uphold the mother's right to do whatever she wants with her body? You know Jennifer can't help herself, so I'm asking you to help her by finding her guilty.
Yes, she will be locked up, but she will also be given, at State expense, the treatment that she needs to ensure the safe delivery of her baby.
Isn't that what everyone here wants? Ladies and gentlemen of the jury, have you reached a verdict? We have, Your Honor.
On the charge of criminal contempt of court, how do you find? We find the defendant not guilty.
Mrs.
Fulton, I'm sure you understand the Family Court ruling still applies.
You will present yourself for treatment tomorrow morning or you will find yourself in court again.
This court is adjourned.
What you doin'? I came to see my daughter.
How did you know I was here? Lily's dad called me.
He said that a woman was outside his house for hours, watching.
I knew it was you.
They didn't find me guilty in court because they didn't want to lock me up.
But I am guilty.
What if I've damaged this baby, too? What if she's like Lily? Why don't you talk to Lily? I can't.
That's why you came, isn't it? Jennifer, it's okay.
I told them who you are.
And they said to come over.
Talk to Lily.
Come on.
I'll wait for you.