CRACK USER GETS PROBATION

By Jeff Shain

COLUMBIA, S.C. (AP) A woman charged with killing her fetus through drug
use avoided prison Tuesday, sobbing in relief after a judge said her sorrow
was punishment enough.

A controversial state Supreme Court ruling that a viable fetus is a person
cleared the way for the prosecution of Talitha Renee Garrick, 27.

Ms. Garrick received three years' probation from Judge Thomas Cooper, who
said, ``You have punished yourself and will continue to punish yourself
beyond what this court can exact.''

The woman pleaded guilty to involuntary manslaughter in the 1995 death of
her 38weekold fetus. She said she smoked crack cocaine a little more than
an hour before the girl was delivered stillborn.

South Carolina's Supreme Court was the first appellate court in the nation
to allow prosecutions of pregnant women who take drugs, ruling in July 1996
that a pregnant woman could be criminally liable for actions that endanger
the health of a viable fetus.

Critics worry women will be too scared by the prospect of prison to seek
prenatal care, but Cooper's ruling brought praise from both sides.

``Hopefully the message that goes out is that help is available,'' said
public defender Frank Draper.

Cooper ordered Ms. Garrick to do 200 hours of community service, speaking
to expectant mothers and potential mothers about the dangers of drug use.

``Directly appeal to those people,'' the judge said. ``That will do more to
deter others than any incarceration.''

Ms. Garrick, who also must continue undergoing counseling and drug testing,
could have received five years in prison. In return for her plea,
prosecutors dropped a charge of homicide by child abuse.

© Copyright 1997 The Associated Press