WOMAN IN 'COCAINE MOM' CASE ARRESTED AND PREGNANT

Officer found drug pipes hidden in woman's shoes, complaint says

By Lisa Sink
of the Journal Sentinel

Waukesha Waukesha County's "cocaine mom" is pregnant and again accused
of drug involvement.

The 26yearold woman, identified in court documents as Angela M.W., made
state legal history earlier this year when the state Supreme Court decided
in her case that the state could not take a woman into custody to protect a
fetus.

Tuesday, Angela was charged with misdemeanor possession of drug
paraphernalia after an officer, acting on a tip from someone who claimed
Angela had tried to buy drugs, arrested her Friday for having cocaine pipes
hidden in her shoes, the criminal complaint says.

Two years ago, she was forced into custody to protect her fetus.

The high court ruled, 43, that a fetus isn't a person under state law, and
thus can't be protected.

Legislation is pending in Madison that would change that definition.

But for now, District Attorney Paul Bucher said Tuesday: "There's nothing I
can do.

"We don't have the ability to do anything prebirth due to the statutory
definition of a person."

Bucher said police did not have evidence that Angela had consumed any
illegal drugs. But he added: "I think it's a reasonable inference to make."

If she were using drugs while pregnant, Bucher said there was not much he
could do to protect her fetus short of arresting her if caught in the
act.

If convicted of the drug paraphernalia charge, she could be jailed for up
to 30 days.

"Would you leave us alone, please," Angela's mother said before hanging up
on a reporter Tuesday night.

According to the criminal complaint:

A police officer was flagged down Friday night by a person who said that
Angela was at the Pfudpuckers tavern in downtown Waukesha trying to buy
drugs and had a crack pipe hidden under padding in her tennis shoes.

When confronted by the officer, the woman denied that she was trying to buy
drugs but did consent to a search of her shoes. She cried as she told
police that the two pipes hidden in the soles of her shoes were not hers
and that she was holding them for someone and that she was four months
pregnant.

She was arrested at 11:30 p.m. outside the tavern. She was then
interviewed, booked and released.

Bucher said the protocol for a minor drug offense such as paraphernalia
possession is to allow the suspect to be released and later summoned into
court to face charges.

Angela was summoned Tuesday to appear in court Monday. 12/22

Bucher said that had police jailed her, she would have appeared in court
for a bail hearing and would have been released unless prosecutors could
prove she was a flight risk. The woman is not a flight risk, he said.

Unless the pending state legislation becomes law, the only other legal
course of action would come after the woman's baby is born. If the baby
shows convincing evidence of cocaine abuse, Bucher said he could prosecute
the mother for possession of cocaine or endangering safety.

A bill passed by the state Assembly, 6927, last month would define a fetus
as a child in juvenile court statutes known as the Child in Need of
Protection code.

The bill, known as the "cocaine mom" bill based on Angela's case, would
give county child protection officials authority to force drugabusing
pregnant women into treatment in order to protect a fetus.

It awaits a hearing before the Senate Judiciary Committee, chaired by Sen.
Lynn Adelman (DTown of Waterford). But Adelman has said he does not plan
to call a hearing before he resigns later this month to be sworn in as a
federal judge.

He has said he anticipates that the new committee chairman, expected to be
Sen. Fred Risser (DMadison), will call a hearing.

State Sen. Joanne B. Huelsman (RWaukesha), who introduced the legislation
with others, said Tuesday that she was disturbed to hear that the Waukesha
woman was pregnant and arrested on a drug charge.

In the 1995 case, Angela gave birth to a son. Over the summer, the county
won a court ruling involuntarily terminating her parental rights. She
missed the final court hearing on the matter, saying she overslept.

She is identified only by her first name to protect the identity of the child.