Pubdate: Tue, 27 Sep 2005
Source: Casper Star-Tribune (WY)
Copyright: 2005 Casper Star-Tribune
Contact:  http://www.casperstartribune.net/
Details: http://www.mapinc.org/media/765
Author: The Associated Press
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/women.htm (Women)

JUDGE DROPS CHARGE AGAINST WOMAN WHO USED METH WHILE PREGNANT

LANDER, Wyo. (AP) -- Ruling state law does not protect unborn children
from drugs taken by expectant mothers, a judge dismissed a child
endangerment case against a woman whose newborn child tested positive
for methamphetamine.

In a written Sept. 20 decision, District Court Judge Norman Young said
Michelle Ann Foust, 31, of Lander could not be charged with
endangering her child by using meth during pregnancy because the state
law does not apply to fetuses.

Foust could have been imprisoned for up to five years and fined up to
$5,000 if she had been convicted under a new state law to punish women
who endanger their children by taking drugs.

The law, which took effect July 2004, states: "No person shall
knowingly and willingly cause or permit any child to absorb, inhale or
otherwise ingest any amount of methamphetamine."

According to Lander police reports, Foust gave birth to a son on Oct.
31, 2004, at Lander Valley Medical Center, and police, responding to
an anonymous tip that Foust had been using meth during her pregnancy,
immediately tested her and her newborn son for the drug.

Police say both tested positive.

Foust was on probation at the time for prior meth use, giving police
the right to test her at any time, according to Young.

Foust's case hinged on the definition of "child," Young
said.

Her attorney, Gordon Ellis, argued that the statute didn't apply since
the alleged meth use occurred during pregnancy. Ellis said a fetus is
not a child.

Fremont County Attorney Ed Newell and his assistant Tim Gist argued
that at the moment of birth the fetus became a child. Foust also
"knowingly" used meth, they contended.

"It (the statute) does apply because the child was born alive and
tested positive for meth, and the only way that could have happened is
through the mother," Newell said.

Said Young, "This statutory language contains the word 'child,' but
not the words 'fetus' or 'unborn child.' To allow the broad definition
of 'child,' which the state seeks, would go against the intent of the
Legislature."

Young sided with arguments by Ellis that when legislators wish to
prohibit activity to protect a fetus, they have traditionally included
in their bills the words "fetus" or "unborn child."

Newell said he knew winning the case against Foust would be
challenging when he filed charges.

"We stuck our toe in the water on this thing," he said. "If nothing
else, it was a valuable exercise. People need to understand there's a
big hole in the law that needs to be filled."

Newell said Young's decision makes it clear the Legislature must amend
the law if the state is to protect unborn children from drugs.

Newell said he plans to lobby in support of an amendment the state law
that would extend protections to unborn children. He added that a law
providing a mandatory minimum felony sentence for anyone who knowingly
sells meth to pregnant women could also help curb prenatal meth exposure.

Studies show that "meth babies" can suffer complications similar to
fetal alcohol syndrome, which severely limits a child's mental capacity. 
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MAP posted-by: Richard Lake