Stay Informed

Sign up for news & alerts

Already signed up?
Login here

take action
For every $1 states spend dollar sign on substance misuse and addiction, 94 cents go to shovel up the consequences instead of for treatment and prevention. TELL YOUR LEGISLATORS

What Can I Do?



Continuing Education
Free online courses for addiction counselors LEARN ONLINE

Get Help
Need alcohol or drug help for yourself or someone else? GET HELP

 

Court Orders New Trial in S.C. Baby Drug Death Case
May 13, 2008

Share Share Email
Email
Print
Print
SubscribeSubscribe
News Summary

The South Carolina Supreme Court has thrown out the conviction of a woman charged with homicide after she used cocaine during her pregnancy and gave birth to a stillborn child, the Associated Press reported May 13.

The state's highest court ordered a new trial for Regina McKnight, who was sentenced to 12 years in prison in 2001. The court said that a new trial was warranted because of errors made by McKnight's attorneys, such as failing to introduce the baby's autopsy report into evidence and failing to rebut the medical expert put on the stand by the prosecution.

McKnight's first trial, in which her attorneys called a cardiac pathologist to rebut the testimony against her, ended in a mistrial because of juror misconduct. She was convicted in a second trial when her lawyers did not recall that expert or "any other expert to rebut or discredit the medical studies cited by the State's experts," wrote Chief Justice Jean Toal in the unanimous decision to overturn McKnight's conviction.

Rauch Wise, McKnight's current attorney, said that the state should have to prove beyond a reasonable doubt that cocaine killed the woman's unborn child to win a conviction. "They should have to be able to show the metabolized cocaine caused the death, not just rule out other factors," Wise said.

"Justice is a constant struggle, and low-income pregnant women of color who have drug problems are always going to be an easy political target," said Lynn Paltrow of National Advocates for Pregnant Women. "We hope that this puts her case and other cases like it to rest so we can focus on recovery."

COMMENTS ON THIS ARTICLE:

Posted by Sterling on 14 May 08 11:30 AM EDT
Yes indeed we need to focus on treatment and recovery, and even more important is educating folks on the dangers of substance abuse.

Posted by Rauch Wise on 15 May 08 08:20 AM EDT
I can put up with my name not being spelled correctly, but I cannot tolerate the facts be inaccurate. The South carolina Supreme Court did not throw out the conviction because Ms. McKnight used cocaine while pregnant. They overturned the conviction because she did not receive a fair trial on the question of what caused the death of her fetus.

Posted by Bob Curley, News Editor, Join Together on 15 May 08 08:54 AM EDT
We have corrected the spelling of Mr. Wise's name; we regret the error. We also have reworded the first sentence of the story to make clear that while Ms. McKnight was charged with homicide because of her cocaine use during pregnancy, this was not the reason for her conviction being overturned.

Posted by cynical one on 19 May 08 09:08 AM EDT
"...but I cannot tolerate the facts be inaccurate." Scary…legal counsel that cannot form a grammatically correct sentence.

SUBMIT A COMMENT:

Note: Comments are now held for moderator approval. More info

Name:

Comment:
(limit 250
words)

Enter this word
(help):
Change

GUIDELINES: 
Please keep comments on-topic, courteous, clean, non-commercial, and within the word limit.
Read the complete guidelines