Pubdate: Wed, 30 Jul 2003 Source: Post and Courier, The (Charleston, SC) Copyright: 2003 Evening Post Publishing Co. Contact: http://www.charleston.net/ Details: http://www.mapinc.org/media/567 Author: Phillip Caston GROUPS JOIN FIGHT TO FREE MOTHER Court Brief Urges Review Of Case Of Stillborn Baby The fight for Regina McKnight's freedom has taken a step closer to the U.S. Supreme Court. Professional medical and health groups from across the country have filed a plea with the court in favor of the 26-year-old woman serving 12 years in prison for using cocaine during her pregnancy. Her 5-pound child, named Mercedes, was stillborn on May 15, 1999 and McKnight was convicted of murder. Twenty-six public health and medical groups filed a "friend of the court" brief Tuesday with the U.S. Supreme Court urging the justices to review State of South Carolina v. McKnight. A "friend of the court" brief is filed by persons or groups who are not directly related to the case but have an interest in it. Judith Appel, an attorney with Drug Policy Alliance, the organization representing the 26 groups who filed the brief, said the groups signed on to the case because they fear McKnight's case will set a precedent for prosecuting mothers who have stillborn children, even if the stillbirth is not their fault. Lynn Paltrow, one of McKnight's attorneys and the executive director of New York-based National Advocates for Pregnant Women, claimed that the amicus brief shows how dedicated the groups are in fighting for the rights of McKnight and other pregnant women. "I think that 26 leading and highly respected health organizations signing on is a testimony to how important this case is," Paltrow said.Among the 26 groups filing the brief are The American Psychiatric Association, the Association of Reproductive Health Professionals, the South Carolina Nurses Association and the South Carolina Medical Association. This is the first time one of the groups, the National Stillbirth Society, has ever signed on to a U.S. Supreme Court case, Paltrow said. Appel said the case was important, not just for South Carolina, but for the nation. "If the Supreme Court does not review and overturn this case, the thousands of women who suffer stillbirths could be charged with murder if some prosecutor disapproves of their behavior, even legal behavior, during pregnancy," she said. However, Charlie Condon, the former South Carolina attorney general who originally prosecuted McKnight, said the policy protects viable unborn children from illegal substances. "The whole point is to protect the unborn baby," Condon said. "The policy does not extend to legal products." When a woman has a stillborn child, psychological experts are immediately called in to tell the mother that it's not her fault, Appel said. Putting a pregnant woman in fear of prosecution could lead to the mother not taking advantage of the medical options available to her. "Pregnant women should not have to fear that their health care professionals will turn them in," Appel said. However, an amnesty policy is in effect for expecting mothers with drug problems if they choose to take advantage of it, Condon said. "Pregnant women who need medical help for a drug addiction can receive it without being prosecuted," Condon said. Although Paltrow said McKnight was not offered any drug treatment, Condon said there are free medical opportunities for any expecting mother who needs them. In January, the South Carolina Supreme Court upheld the conviction of McKnight, who is serving her prison term at the Leath Correctional Institution in Greenwood. She has appealed to the U.S. Supreme Court, Paltrow said. There are no medical groups that believe cocaine use caused McKnight's stillbirth, Paltrow said. McKnight is one of more than 100 women in South Carolina to have been charged for cocaine use while pregnant in the past 15 years. South Carolina is the only state that uses child abuse laws to prosecute women who use drugs during pregnancy. The current attorney general, Henry McMaster, has maintained Condon's stance. "Obviously, the legislative intent was to quash a rampant problem of crack babies being born," said Trey Walker, chief executive assistant to the attorney general, in February. If the U.S. Supreme Court decides to take McKnight's case, the 26 groups will file another brief urging the court to rule in favor of McKnight, Paltrow said. THE ORGANIZATIONS The following 26 public health and medical groups filed a "friend of the court" brief with the U.S. Supreme Court urging the justices to review State of South Carolina v. McKnight. - -- American Academy of Addiction Psychiatry - -- American Nurses Association - -- The American Psychiatric Association - -- American Public Health Association - -- American Society of Addiction Medicine - -- Association of Maternal and Child Health Programs - -- Association of Reproductive Health Professionals - -- Black Women's Health Imperative - -- Citizens for Midwifery - -- Doctors of the World-USA - -- Finding Common Ground - -- Global Lawyers and Physicians - -- The Hygeia Foundation Inc. - -- Institute for Health and Recovery - -- Midwives Alliance of North America - -- NAADAC-The Association for Addiction Professionals - -- National Association of Nurse - -- Practitioners in Women's Health - -- National Association of Social Workers Inc. - -- National Council on Alcoholism and Drug Dependence - -- National Stillbirth Society - -- Physician Leadership on National Drug Policy - -- Physicians for Reproductive Choice and Health - -- South Carolina Association of Alcoholism and Drug Abuse Counselors - -- South Carolina Medical Association - -- South Carolina Nurses Association - -- South Carolina Primary Health Care Association - --- MAP posted-by: Larry Stevens