Pubdate: Fri, 20 Aug 2004
Source: Spartanburg Herald Journal (SC)
Copyright: 2004 The Spartanburg Herald-Journal
Contact:  http://www.goupstate.com/
Details: http://www.mapinc.org/media/977
Author: Associated Press
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

WOMAN CHARGED WITH KILLING FETUS BY USING CRACK COCAINE

FLORENCE -- Prosecutors say a 31-year-old Lake City woman has been charged 
with homicide by child abuse after tests showed her stillborn infant had 
cocaine in its system.

Prosecutor Ed Clements III provided The (Florence) Morning News with few 
details about the arrest of Brenda Elmore Black.

It is not clear when Black's baby was stillborn, how far along the fetus 
was or where Black gave birth.

Clements did not immediately return a phone call from The Associated Press.

Clements did tell the newspaper this is the first case of this type his 
office has handled.

South Carolina is one of a few states in the union that allows prosecutors 
to pursue homicide charges against women they think killed their viable 
fetuses by taking cocaine.

In January 2003, the state Supreme Court upheld the May 2001 conviction and 
12-year prison sentence of Conway resident Regina McKnight, who had been 
found guilty by a jury on a charge of homicide by child abuse in connection 
with her stillborn daughter.

The Supreme Court made such prosecutions possible in 1996 when it ruled 
that a viable fetus is considered a child and that a woman can be charged 
if she ingests drugs after her fetus becomes viable.
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