GROUPS JOIN FIGHT TO FREE MOTHER

Court Brief Urges Review Of Case Of Stillborn Baby

The fight for Regina McKnight's freedom has taken a step closer to the U.S.
Supreme Court.

Professional medical and health groups from across the country have filed a
plea with the court in favor of the 26-year-old woman serving 12 years in
prison for using cocaine during her pregnancy. Her 5-pound child, named
Mercedes, was stillborn on May 15, 1999 and McKnight was convicted of murder.

Twenty-six public health and medical groups filed a "friend of the court"
brief Tuesday with the U.S. Supreme Court urging the justices to review
State of South Carolina v. McKnight. A "friend of the court" brief is filed
by persons or groups who are not directly related to the case but have an
interest in it.

Judith Appel, an attorney with Drug Policy Alliance, the organization
representing the 26 groups who filed the brief, said the groups signed on
to the case because they fear McKnight's case will set a precedent for
prosecuting mothers who have stillborn children, even if the stillbirth is
not their fault.

Lynn Paltrow, one of McKnight's attorneys and the executive director of New
York-based National Advocates for Pregnant Women, claimed that the amicus
brief shows how dedicated the groups are in fighting for the rights of
McKnight and other pregnant women.

"I think that 26 leading and highly respected health organizations signing
on is a testimony to how important this case is," Paltrow said.Among the 26
groups filing the brief are The American Psychiatric Association, the
Association of Reproductive Health Professionals, the South Carolina Nurses
Association and the South Carolina Medical Association. This is the first
time one of the groups, the National Stillbirth Society, has ever signed on
to a U.S. Supreme Court case, Paltrow said.

Appel said the case was important, not just for South Carolina, but for the
nation.

"If the Supreme Court does not review and overturn this case, the thousands
of women who suffer stillbirths could be charged with murder if some
prosecutor disapproves of their behavior, even legal behavior, during
pregnancy," she said.

However, Charlie Condon, the former South Carolina attorney general who
originally prosecuted McKnight, said the policy protects viable unborn
children from illegal substances.

"The whole point is to protect the unborn baby," Condon said. "The policy
does not extend to legal products."

When a woman has a stillborn child, psychological experts are immediately
called in to tell the mother that it's not her fault, Appel said. Putting a
pregnant woman in fear of prosecution could lead to the mother not taking
advantage of the medical options available to her.

"Pregnant women should not have to fear that their health care
professionals will turn them in," Appel said.

However, an amnesty policy is in effect for expecting mothers with drug
problems if they choose to take advantage of it, Condon said.

"Pregnant women who need medical help for a drug addiction can receive it
without being prosecuted," Condon said.

Although Paltrow said McKnight was not offered any drug treatment, Condon
said there are free medical opportunities for any expecting mother who
needs them.

In January, the South Carolina Supreme Court upheld the conviction of
McKnight, who is serving her prison term at the Leath Correctional
Institution in Greenwood. She has appealed to the U.S. Supreme Court,
Paltrow said.

There are no medical groups that believe cocaine use caused McKnight's
stillbirth, Paltrow said. McKnight is one of more than 100 women in South
Carolina to have been charged for cocaine use while pregnant in the past 15
years. South Carolina is the only state that uses child abuse laws to
prosecute women who use drugs during pregnancy.

The current attorney general, Henry McMaster, has maintained Condon's stance.

"Obviously, the legislative intent was to quash a rampant problem of crack
babies being born," said Trey Walker, chief executive assistant to the
attorney general, in February.

If the U.S. Supreme Court decides to take McKnight's case, the 26 groups
will file another brief urging the court to rule in favor of McKnight,
Paltrow said.

THE ORGANIZATIONS

The following 26 public health and medical groups filed a "friend of the
court" brief with the U.S. Supreme Court urging the justices to review
State of South Carolina v. McKnight.

- -- American Academy of Addiction Psychiatry

- -- American Nurses Association

- -- The American Psychiatric Association

- -- American Public Health Association

- -- American Society of Addiction Medicine

- -- Association of Maternal and Child Health Programs

- -- Association of Reproductive Health Professionals

- -- Black Women's Health Imperative

- -- Citizens for Midwifery

- -- Doctors of the World-USA

- -- Finding Common Ground

- -- Global Lawyers and Physicians

- -- The Hygeia Foundation Inc.

- -- Institute for Health and Recovery

- -- Midwives Alliance of North America

- -- NAADAC-The Association for Addiction Professionals

- -- National Association of Nurse

- -- Practitioners in Women's Health

- -- National Association of Social Workers Inc.

- -- National Council on Alcoholism and Drug Dependence

- -- National Stillbirth Society

- -- Physician Leadership on National Drug Policy

- -- Physicians for Reproductive Choice and Health

- -- South Carolina Association of Alcoholism and Drug Abuse Counselors

- -- South Carolina Medical Association

- -- South Carolina Nurses Association

- -- South Carolina Primary Health Care Association