Advocates Speak Out Against Ala. DA's Prosecution Of Pregnant Women Who Used Illegal Drugs

Main Category: Pregnancy / Obstetrics
Also Included In: Alcohol / Addiction / Illegal Drugs
Article Date: 06 Aug 2008 - 11:00 PDT

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Several advocacy groups have criticized recent prosecutions by Covington County, Ala., District Attorney Greg Gambril of women who used illegal drugs while pregnant -- making the county the "latest legal battleground" on the issue, the AP/Google.com reports. The groups say Gambril is wrongly prosecuting women by misinterpreting a 2006 state law meant to punish parents and guardians who manufacture methamphetamine in their homes. Alabama outlaws exposing a child to illegal drugs or drug paraphernalia. Violating the ban carries a penalty of one to 10 years in prison. The maximum sentence is increased to 20 years for injuring a child and to life in prison for the death of a child.

Gambril has filed charges against seven women who either tested positive for drugs after giving birth or while they were pregnant and on probation. He said the women needed to be prosecuted in order to deter drug use and to protect these children. To support his stance, he cites a case in which a child was born prematurely and died an hour later. Gambril said he has seen a change in behavior as word of the prosecutions has spread throughout the county in recent months, noting that no mothers on probation have tested positive for drugs.

The National Advocates for Pregnant Women, the Association of Reproductive Health Professionals and the National Council on Alcoholism and Drug Dependence have spoken out against Gambril, saying that the law was not meant to apply to pregnant women and their fetuses and that prosecuting these women could cause women to seek abortions or avoid prenatal care to escape prosecution. They also note that appellate courts in New Mexico, Kentucky, Nevada and Ohio have overturned convictions based on similar laws. Tiloma Jayasinghe, an attorney for NAPW, said, "It is the first time I know of that a pregnant woman's body has been equated to a meth lab."

Efforts to dismiss charges filed by Gambril against Shekelia Ward were rejected by Covington County Circuit Judge Charles Short. According to the AP/Google.com, Ward and her infant tested positive for cocaine shortly after the birth. Ward's attorney has taken the case to the Alabama Court of Criminal Appeals, and Ward has been allowed to go to a rehab facility while child endangerment charges are still pending.

Alabama state Sen. Lowell Barron (D), who sponsored the law, said he did not intend it to be used in these cases. "I hate to see a young mother put in prison away from her child," adding, "[I]f she could be put in a treatment program with her children, that would be the best course. Maybe we need to revisit the legislation." Alabama District Attorney's Association President Steve Marshall said he admires what Gambril is doing, adding, "This is an opportunity to get treatment and assistance to a mother whose addiction is so bad she has chosen to take illegal drugs while carrying a child" (Rawls, AP/Google.com, 8/1).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is published by the National Partnership for Women and families.

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