Pubdate: Wed, 30 Jul 2003
Source: Sun News (Myrtle Beach, SC)
Copyright: 2003 Sun Publishing Co.
Contact:  http://www.myrtlebeachonline.com/mld/sunnews/
Details: http://www.mapinc.org/media/987
Note: apparent 150 word limit on LTEs
Author: Associated Press

FRIEND-OF-COURT BRIEF FILED IN STILLBIRTH CASE

Group: Addicts need help, not jail

COLUMBIA - A group that supports alternatives to prison for drug offenders
has filed a brief with the U.S. Supreme Court on behalf on a Conway woman
convicted of homicide by child abuse after her stillborn child tested
positive for cocaine.

The Drug Policy Alliance filed the friend-of-the-court brief on behalf of 26
public health, medical and social organizations Tuesday.

Regina McKnight was sentenced to 12 years in prison in May 2001. Her
conviction was upheld by the state Supreme Court in January, sending her
lawyers appealing to the U.S. high court.

Prosecutors have said McKnight is responsible for her daughter's death
because she took crack cocaine even though she knew it could kill her fetus.

South Carolina's Supreme Court paved the way for such cases seven years ago,
when it ruled a viable fetus is considered a child and that women could be
charged with abuse if they took drugs after their fetus reached a viable
stage.

In their brief, the Drug Policy Alliance says the state Supreme Court took
"a dangerous and unprecedented departure from law, science and established
medical practice" with its ruling.

The alliance, which seeks alternatives such as treatment instead of prison
time for drug offenders, said if McKnight's conviction stands, any woman who
has a stillborn child could come under suspicion from authorities, even if
she used something legal, such as cigarettes or alcohol.

The group said the decision could deter drug-addicted mothers from seeking
prenatal care for fear of jail time.
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