Pubdate: Fri, 13 Mar 1998 Source: Milwaukee Journal Sentinel Author: Lisa Sink of the Journal Sentinel staff Contact: (414) 224-8280 Website: http://www.jsonline.com/ 'COCAINE MOM' SAYS SHE FAILED DRUG TEST 'Cocaine mom' says she failed drug test Revelation could put her in jail for rest of pregnancy for breaking bail condition Waukesha -- Waukesha County's "cocaine mom" said Thursday that she again has tested positive for drugs, a violation of bail conditions that could result in her spending the rest of her pregnancy behind bars. Revocation of her bail could, in effect, protect her fetus through most or all of the pregnancy because she could be held in jail until her April 29 trial, which will come only days before her baby is due to be born. Thursday's revelations came one day before the woman was set to appear in court in an attempt to regain custody of her 2 1/2-year-old son, who was the focus of an earlier case in which she was detained by the county. In the fall of 1995, Waukesha County authorities detained the woman in a drug treatment center to protect her fetus from her cocaine abuse. That case ignited a national firestorm and resulted in the state Supreme Court ruling last year that such detentions are illegal, because a fetus is not subject to the state's child protection laws. District Attorney Paul Bucher said Thursday he is contemplating asking a court commissioner to revoke the woman's bail after hearing that she had failed a court-ordered drug test last week. "We recently received anonymous information that she's tested positive (for drugs)," Bucher said. "We already have been undertaking steps to verify any test results. "We'll look at those results, and if it violates the condition of her bail, we'll be taking action. We will issue bail-jumping charges." The woman, who previously has denied that she was using cocaine during this pregnancy, acknowledged to a reporter Thursday that she failed a drug test last week. The test was ordered in an unrelated Juvenile Court case involving one of the woman's two older children, who are living with their grandmother. The woman was unable to comment further on the matter because her attorneys quickly ushered her away from the reporter. Bucher said that if the woman had used drugs, he would seek new bail conditions, which could include incarceration or inpatient drug treatment. Bucher said that it was also possible that the woman, identified only as Angela to protect the identity of her children, could again be released under a signature bond with stiffer conditions, such as frequent drug screening and intense supervision. Bucher said that if he files bail-jumping charges against the 26-year-old woman, it would be a routine response to a defendant who violated bail and not a veiled attempt to protect her fetus. "It's not a human being," Bucher said. "Whether you agree or disagree with that, it doesn't matter. The law is pretty clear. We can't do that (jail her to protect her fetus). "Waukesha County tried to make new law in the (earlier case), and they were shot down." William Domina, an assistant county corporation counsel who sought to detain the woman in 1995 when she was then eight months pregnant and using cocaine, said that he could neither "confirm nor deny" whether Angela had failed a drug test. Told about Bucher's intentions to take action that could lead to incarceration, Domina said: "If, as a byproduct of (criminal prosecution), we have a healthier baby who is born into this world drug-free and has a fair start in life, that's a great advantage." For now, Domina said, he has no means to stop the woman from using drugs during her pregnancy. "Assuming that her comment to you (that she failed a drug screen) is accurate, we have the same concerns that we had when went through this in the old go-around," Domina said. "We have no remedy or tool." Angela was arrested and charged in December with misdemeanor possession of drug paraphernalia. At her initial court appearance on the charge, Court Commissioner Gerald Janis released her from custody on a $250 signature bond with conditions that she not possess or consume any illegal drugs, that she make all court appearances in the case, and that she not commit any other crimes. After Angela acknowledged Thursday that she had failed a drug test, one of her attorneys, Craig Mastantuono, told a reporter: "I have instructed her not to speak to the media." Asked whether he thought this woman was being treated more aggressively than other drug-abusing pregnant women because of her past, Mastantuono said: "I don't think she's the only person in Wisconsin who is pregnant and said to be using controlled substances. If this wasn't (Angela), you wouldn't be writing this story." Angela is scheduled to be in court today for a hearing on whether she voluntarily agreed to have her parental rights terminated in the case of the boy she delivered in 1995. She is trying to regain custody of the boy, who is now healthy and in foster care. Pending in the state Senate is the so-called cocaine mom bill, which would allow the detention of drug-abusing pregnant women under Juvenile Court codes to protect their fetuses.