JUDGE REJECTS LAWYERS' ADVICE, SENDS PREGNANT WOMAN TO JAIL

A 22-year-old pregnant woman is appealing a three-month jail sentence
given to her by an Ottawa judge who decided she needed a "wake-up
call" and overruled lawyers' recommendations she be given six months
of house arrest.

Angel Fergus, who is expecting her baby at the end of June, had
pleaded guilty to theft and assault charges stemming from incidents
in 2005 and this year. In sentencing her last week, Ontario Court
Justice Richard Lajoie decided that the conditional sentence agreed
upon by the Crown and Ms. Fergus' lawyer was not in her best interest.

Judge Lajoie pointed out that Ms. Fergus had smoked marijuana in the
first three months of her pregnancy, and that she had reoffended
while still on probation.

"Ms. Fergus is pregnant and she has not found the strength to stop
using drugs," he said.

"She has cut back, cut back to one joint day a day," the judge said
in his decision.

He continued: "You are a young lady with a multitude of problems
which will not go away by themselves, but it is clear to me that it
is time for a wake-up call."

Yesterday, Ms. Fergus's appeal lawyer, James Foord, filed an
application to have her released on bail prior to the outcome of her
appeal. If successful, she could be released by tomorrow, but if not,
she may have to serve out her sentence and give birth in jail, he said.

James Harbic, the woman's defence lawyer, said he and assistant Crown
attorney Mark Moors were surprised by the judge's ruling, saying they
didn't have a chance to respond to the decision and address some of
the judge's concerns.

Yesterday, Ms. Fergus's mother was at the Elgin Street courthouse
waiting for news about her daughter's appeal.

"I'm really worried about my daughter and her health. She's lost 10
pounds and she's 100 pounds soaking wet when she's not pregnant,"
said Denise Daigle. She said the judge should have been more
considerate of her daughter's condition, saying she requires proper
medical attention -- more than the basic care she is getting in jail.
In addition to her pregnancy, Ms. Fergus suffers from anxiety and depression.

Ms. Fergus led a troubled life prior to appearing before Judge Lajoie
on March 24 on three different offences. She was charged with assault
on April 30, 2005, after she grabbed an emergency nurse's throat at
the the General campus of the Ottawa Hospital.

On Sept. 30, 2005, Ms. Fergus tried to cash a $200 cheque from the
National Capital Marathon at the Money Mart on Montreal Road. A store
employee found her signature didn't match their files for the
organization and it was later discovered the cheque had been taken
after a break-in at the downtown offices of the National Capital
Marathon. The woman was arrested and when police went to her
apartment to retrieve her medication, they found a number of items
taken from the break-in. She was also faced another theft charge
related to a Jan. 21, 2006, incident.

Ms. Fergus was on a probation order at the time and she had breached
her conditions.