Texas Woman Pleads Guilty to Perinatal Drug Charge September 9, 2004
News Summary
Tracy Yolanda Ward, 30, of Amarillo, Texas, pleaded guilty to a second-degree felony charge of delivering a controlled substance to a minor. Ward smoked crack cocaine while pregnant, and the drug passed through her womb to her unborn son, the Amarillo Globe News reported Sept. 8.In what could set a landmark precedent on the rights of mothers and their unborn children, Ward could face two to 20 years in prison.
Judge Don Emerson of the Texas 320th District Court is hearing the punishment phase of the case. Jury selection is set to begin next week.
Under the plea, Ward, who is seeking probation and intensive drug treatment for her cocaine addiction, would be allowed to appeal her conviction on constitutional grounds.
"Tracy Ward had no idea that she would end up in a court," said defense attorney Joe Dawson. "She is a severe crack addict. It is a disease and she needs help."
The appeal marks the first application of a law change in Texas that redefines the term "individual." Under the law, an individual is defined as "a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth."
Rep. Ray Allen (R-Grand Prairie), a sponsor of the bill, said the legislature's intent was to hold third parties legally responsible for misconduct they committed against unborn children, such as a drunken driver who kills a pregnant woman.
But in a court affidavit, Allen said, "It was not the intent of the legislature to allow prosecution of women for conduct, if any, they commit against their unborn child, including those offenses contained in the Texas Health and Safety Code," the affidavit stated.
Last year, Ward gave birth to a son, Rodger, who tested positive for cocaine.
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