S.C. COURT UPHOLDS HOMICIDE

Cocaine Killed Fetus; Law Applies To Unborn

A Conway woman whose stillbirth was blamed on cocaine use was rightly
convicted of homicide by child abuse and should serve her 12-year sentence,
a divided state Supreme Court ruled Monday.

The court said in a rare 3-2 decision that Regina McKnight knowingly risked
the life of her baby by using cocaine. The 5-pound baby girl was delivered
dead 34 to 37 weeks into the pregnancy.

The justices agreed to hear the case as a precedent for a 1997 state
Supreme Court decision that made South Carolina the only state that allows
prosecution under child abuse laws for harming a fetus. If the justices had
overturned the conviction, it would have provided a precedent for
overturning that decision.

Solicitor Greg Hembree, who pros-ecuted the case, said he was not surprised
the court upheld the jury verdict of May 16, 2001.

"We didn't enter into this prosecution recklessly," Hembree said.

Attorneys for McKnight could not be reached.

But after McKnight's conviction, Planned Parenthood of South Carolina
Director Chris Jueschke said the verdict would "send the message to women
suffering from drug addiction that if they get pregnant, their only choice
is to have an abortion or go to jail."

Arguments that the prosecution and conviction would stifle attempts by
addicted pregnant women to get help are overblown, Hembree said.

A pregnant woman who made "a real good-faith effort" to get help for an
addiction would not be prosecuted, Hembree said. But in McKnight's case,
there was no search for assistance, he said.

The opinion said McKnight admitted she knew she was pregnant but used
cocaine when she could get it.

"Given the fact that it is public knowledge that usage of cocaine is
potentially fatal, we find the fact that McKnight took cocaine knowing she
was pregnant was sufficient evidence to submit to the jury on whether she
acted with extreme indifference to her child's life," the opinion said.

It said extreme indifference can be enough evidence to convict on a charge
of homicide by child abuse.

The justices who disagreed said they are disturbed that people convicted of
illegal abortions receive much lighter sentences, usually no more than two
years. McKnight was sentenced to 12 years but could have received a life
term for homicide by child abuse.

Hembree said the dissenting opinions are "compelling" and agreed there is a
disparity in the sentences. That is something the General Assembly should
look into changing, he said.

Among McKnight's arguments for appeal was the assertion that child abuse
was meant to apply to children already born. The court dismissed that
claim, saying abuse laws apply to viable fetuses.

McKnight also said there was no evidence the baby was viable, but the court
did not address the argument, as it was not raised during the trial.