Source: Milwaukee Journal Sentinel Pubdate: Wed, 17 Dec 1997 Contact: Fax: (414) 2248280 Website: http://www.jsonline.com/ WOMAN IN 'COCAINE MOM' CASE ARRESTED AND PREGNANT Officer found drug pipes hidden in woman's shoes, complaint says By Lisa Sink of the Journal Sentinel Waukesha Waukesha County's "cocaine mom" is pregnant and again accused of drug involvement. The 26yearold woman, identified in court documents as Angela M.W., made state legal history earlier this year when the state Supreme Court decided in her case that the state could not take a woman into custody to protect a fetus. Tuesday, Angela was charged with misdemeanor possession of drug paraphernalia after an officer, acting on a tip from someone who claimed Angela had tried to buy drugs, arrested her Friday for having cocaine pipes hidden in her shoes, the criminal complaint says. Two years ago, she was forced into custody to protect her fetus. The high court ruled, 43, that a fetus isn't a person under state law, and thus can't be protected. Legislation is pending in Madison that would change that definition. But for now, District Attorney Paul Bucher said Tuesday: "There's nothing I can do. "We don't have the ability to do anything prebirth due to the statutory definition of a person." Bucher said police did not have evidence that Angela had consumed any illegal drugs. But he added: "I think it's a reasonable inference to make." If she were using drugs while pregnant, Bucher said there was not much he could do to protect her fetus short of arresting her if caught in the act. If convicted of the drug paraphernalia charge, she could be jailed for up to 30 days. "Would you leave us alone, please," Angela's mother said before hanging up on a reporter Tuesday night. According to the criminal complaint: A police officer was flagged down Friday night by a person who said that Angela was at the Pfudpuckers tavern in downtown Waukesha trying to buy drugs and had a crack pipe hidden under padding in her tennis shoes. When confronted by the officer, the woman denied that she was trying to buy drugs but did consent to a search of her shoes. She cried as she told police that the two pipes hidden in the soles of her shoes were not hers and that she was holding them for someone and that she was four months pregnant. She was arrested at 11:30 p.m. outside the tavern. She was then interviewed, booked and released. Bucher said the protocol for a minor drug offense such as paraphernalia possession is to allow the suspect to be released and later summoned into court to face charges. Angela was summoned Tuesday to appear in court Monday. 12/22 Bucher said that had police jailed her, she would have appeared in court for a bail hearing and would have been released unless prosecutors could prove she was a flight risk. The woman is not a flight risk, he said. Unless the pending state legislation becomes law, the only other legal course of action would come after the woman's baby is born. If the baby shows convincing evidence of cocaine abuse, Bucher said he could prosecute the mother for possession of cocaine or endangering safety. A bill passed by the state Assembly, 6927, last month would define a fetus as a child in juvenile court statutes known as the Child in Need of Protection code. The bill, known as the "cocaine mom" bill based on Angela's case, would give county child protection officials authority to force drugabusing pregnant women into treatment in order to protect a fetus. It awaits a hearing before the Senate Judiciary Committee, chaired by Sen. Lynn Adelman (DTown of Waterford). But Adelman has said he does not plan to call a hearing before he resigns later this month to be sworn in as a federal judge. He has said he anticipates that the new committee chairman, expected to be Sen. Fred Risser (DMadison), will call a hearing. State Sen. Joanne B. Huelsman (RWaukesha), who introduced the legislation with others, said Tuesday that she was disturbed to hear that the Waukesha woman was pregnant and arrested on a drug charge. In the 1995 case, Angela gave birth to a son. Over the summer, the county won a court ruling involuntarily terminating her parental rights. She missed the final court hearing on the matter, saying she overslept. She is identified only by her first name to protect the identity of the child.