COCAINE MOM GETS ANOTHER CHANCE

Aurora Woman Can Avoid Jail By Going Into Rehab

A 41-year-old Aurora woman who has given birth to five cocaine babies was
sentenced to 70 days in jail Wednesday for violating the terms of the
probation sentence she received after pleading guilty to two felony drug
charges.

At the same time, Judge Grant Wegner made it possible for Cynthia Smith to
avoid serving time. To do so, he said, she must successfully complete an
inpatient drug treatment program at Providence House in Aurora, where she
has been living since March 2.

In essence, the judge was giving her yet another chance to get off drugs.
Successful completion of the drug program was one of the initial conditions
set when she was placed on probation. Eight days later, she failed a urine
test for drugs.

"Her treatment is progressing," said Greg Brown, assistant public defender,
as he argued against incarceration. "Jail will interfere with that
treatment."

Brown said Smith's probation violation occurred before she was placed in
the drug-treatment program.

Probation officer Theresa Wendt testified Wednesday that since Smith's
placement at Providence House, Smith's urine has tested negative for drug
use.

Wegner on Feb. 19 placed Smith on 30 months of probation, ordered here to
undergo an intensive drug-treatment program and told her to submit to
weekly urine tests. Eight days later, Smith's urine tested positive for
cocaine. Three days after that, she failed to keep her appointment with her
probation officer.

Assistant State's Atty. Dan Koval argued Smith should be punished.

While I realize that she's making progress, there has to be some penalty
from the court," said Koval, requesting that Smith receive a jail sentence.

In the sentencing, Wegner took something of a middle path.

"This is a steppingstone program," Wegner explained to Smith. "Once you
violate it, you need to be punished."

Wegner told Smith that if she successfully completes the 35 days she has
left at Providence House, she will get credit toward her jail sentence,
plus credit for good time, negating any jail stay.

After Smith completes here inpatient program, Wegner ordered that she be
placed in a halfway house. Her urine will continue to be tested, and she
will have to obtain employment on the outside. Her progress will be
reviewed April 22.

Since 1992, Smith has given birth to five children, all delivered with
cocaine in their systems. The last child, delivered in her home on March 4,
1997, by Aurora paramedics, was stillborn. Her other children are in foster
care.