Pubdate: Tue, 07 Oct 2003 Source: Charlotte Observer (NC) Copyright: 2003 The Charlotte Observer Contact: http://www.charlotte.com/mld/observer/ Details: http://www.mapinc.org/media/78 Author: Anne Gearan, Associated Press COURT REFUSES CASE OF JAILED S.C. WOMAN CONVICTED OF MURDERING BABY Stillborn With Cocaine In Blood WASHINGTON - The U.S. Supreme Court refused Monday to consider the case of a woman sentenced to 12 years in prison for murder after drugs were found in the system of her stillborn daughter. Regina McKnight was convicted under South Carolina's homicide by child abuse law for the 1999 death. Her lawyers say she is the first woman convicted of homicide for suffering a stillbirth. The case would have brought the court into a legal and constitutional debate over fetal rights. The court's answer would have had implications for the related fight over legalized abortion. The S.C. Supreme Court upheld the conviction and sentence earlier this year, ruling that the punishment was not too harsh because McKnight should have known taking cocaine could harm her baby. Monday's action by the U.S. Supreme Court means that ruling stands, and McKnight will remain in prison. The high court did not comment in turning aside her appeal. McKnight's lawyers say she is borderline mentally retarded and lived with her mother until her mother was killed by a hit-and-run driver in 1998. McKnight quickly became homeless, addicted to drugs and pregnant. McKnight's lawyers say there is no proof her cocaine use caused the child's death. The lower court ruling opens women to prosecution for any number of actions taken while pregnant, her lawyers said. "Pregnant women in South Carolina are left without any reliable basis for deeming whether, in the event of stillbirth, they could be punished, with life imprisonment, for homicide," McKnight's lawyers wrote. Smoking, medications, certain kinds of jobs and stress can all contribute to stillbirths, organizations supporting McKnight wrote in a friend of the court filing. More than two dozen medical and public health organizations backed McKnight's Supreme Court appeal. "The criminal investigation and possible prosecution of women like Ms. McKnight sends a perilous message to pregnant addicts not to seek prenatal care or drug treatment," to withhold information from doctors or to abort their fetuses, the American Public Health Association and other groups told the court. S.C. legislators passed a law in 1992 making it a felony to cause the death of a child younger than 11 through child abuse or neglect "under circumstances manifesting an extreme indifference to human life." The S.C. court said that language applies to a fetus. The same court had previously held that a viable fetus is legally a person. - --- MAP posted-by: Josh