Prosecutor Targets Pregnant Addicts in Alabama March 17, 2008
News Summary
Women who have given birth in Alabama to children with traces of illicit drugs in their bodies have been arrested and charged with child abuse, sometimes within a day of delivery, the New York Times reported March 15.
Tiffany Hitson, 20, was recently released from prison after spending a year behind bars because doctors found traces of cocaine and marijuana in her newborn daughter. She was among the women targeted for prosecution by Greg A. Gambril, a district attorney in southern Alabama.
In addition to leveling criminal charges against new mothers, Gambril also has charged women with child endangerment for using illicit drugs during pregnancy. Similar tactics have been thrown out of court in states like New Mexico and Maryland, but in southern Alabama many women have been reluctant to even challenge the charges in court because they fear greater public exposure in their tight-knit communities.
"In my jurisdiction, a baby being born dead because of drug abuse is a huge deal," said Gambril, who contends that he has a duty to protect unborn fetuses as well as infants.
"When drugs are introduced in the womb, the child-to-be is endangered," Gambril said. "It is what I call a continuing crime." He said that the state's child endangerment statute was intended to provide a drug-free environment for children and added, "No one is to say whether that environment is inside or outside the womb."
Rachel Barfoot was charged with child abuse after she told a probation officer she was pregnant, then tested positive for cocaine. Police records show that local doctors often cooperate with police investigating their patients. "In Covington County, I don't think they're interested in helping mothers," Hitson said. "They're just sending people straight to prison. It doesn't help their drug problems."
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