From the New York
Times...
May 24, 2001 IN AMERICA
Stillborn Justice By BOB
HERBERT
Two years ago
Regina McKnight of Conway, S.C., was 22 years old, homeless, addicted to
cocaine, possibly mentally handicapped, and pregnant. When she gave birth on
May 15, 1999, the infant was stillborn. Here's how South Carolina, a state
with a long history of backwardness, dealt with this tragedy: Regina
McKnight was convicted of homicide and sentenced to 12 years in
prison. Ms. McKnight smoked crack while she was pregnant, and an autopsy
showed evidence of cocaine in the infant's system. The doctor who performed
the autopsy believed that the fetus expired a day or two before the
delivery, which occurred eight and a half months into the
pregnancy. Doctors who testified at the trial did not agree on whether Ms.
McKnight's addiction was the cause of death. Nevertheless, a jury
deliberated only 15 minutes before finding her guilty of homicide by child
abuse. In South Carolina's system of criminal justice a viable fetus is
considered a person. This allows the authorities to wage open warfare on
pregnant women who do not behave as the authorities would like. Virtually
any behavior that could potentially harm the fetus can be prosecuted as
criminal child abuse. A pregnant woman who smokes, drinks, uses legal or
illegal drugs or even fails to follow a doctor's orders is at risk of
prosecution for child abuse or murder. Most of the cases so far have
involved women who used illegal drugs, although there are people who would
like to extend these perverse prosecutions to a wide variety of other
categories. Ms. McKnight's was the first case of homicide by child abuse to
be brought before a jury. Other cases have ended with plea bargains. Greg
Hembree, the prosecutor whose office handled the McKnight case, said he
wanted to show the public ?" and "particularly those women who were addicted
who may get pregnant" ?" that "there's some consequences for your
actions." He said, "If you kill a child by showing extreme indifference to
human life then you're guilty of homicide by child abuse, just like the guy
who's guilty of murder." In South Carolina, the authorities have trouble
distinguishing between a woman who experiences a stillbirth and John
Gotti. Naturally these cases are selectively prosecuted. The defendants are
overwhelmingly poor and almost exclusively black. Regina McKnight needed
help, not a prison sentence. Her I.Q. was reported to be 72, but people who
know her believe it is even lower. Growing up she attended classes for the
"educably mentally handicapped." She had three children she was unable to
care for, was never able to hold a job, had been victimized by abusive men,
and turned to drugs three years ago when her mother died. Humane
intervention was called for, including intensive counseling, job training
and, especially, treatment for drug addiction. But we're talking about South
Carolina, which trails virtually all other states in the availability of
drug treatment but is leading the pack in the prosecution of pregnant
women. Even Mr. Hembree acknowledged that the idea of sending drug-addicted
women to prison when there is a desperate shortage of treatment for their
addiction is problematic. "There is not enough money ?" there aren't enough
resources ?" committed to drug and alcohol treatment," he said. "I mean I
couldn't agree more. I see the tragic results of that every single
day." What is happening in South Carolina is cruel and inhumane. The fetal
rights movement, which is being used across the country to undermine
abortion rights, is being aimed in South Carolina specifically at women who
are poor and, in most cases, black. Determining the exact cause of a
stillbirth is often extremely difficult. The real cause often remains a
mystery. And yet, as Lynn Paltrow, who heads a group called National
Advocates for Pregnant Women, said: "You now have a state that says we can
treat a stillbirth as murder." The jurors needed only 15 minutes to convict
Regina McKnight because there wasn't much need to worry about the
intricacies of the charge of homicide. This was South Carolina, after all.
She was certainly guilty of having those babies and doing those drugs. And
in South Carolina, that was enough.
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