Dischman's legal argument has been denied
A Butler County judge recently denied a court motion filed in the case of a woman who is accused of overdosing on heroin while pregnant and causing injuries to her child.
The motion, which attempted to have charges dismissed against Kasey R. Dischman, 30, was filed July 17 by her attorney Public Defender Joseph Smith. He argued that the criminal statute under which she is charged — the Crimes Against the Unborn Child Act — contains language that expressly exempts pregnant women from prosecution for harming their own unborn children.
Judge William Shaffer delivered the denial in an order filed July 21. The denial states that the “Petition for Writ of Habeas Corpus and Motion to Prohibit Commonwealth's Criminal Prosecution” was denied without prejudice, allowing the refiling of the argument as an omnibus pretrial motion.
In the initial habeas vorpus filing, Smith pointed to a 2006 opinion by the Pennsylvania Supreme Court in which the justices ruled that while the exemption does mean pregnant women are treated more leniently under the law, it's not unconstitutional because a pregnant woman's connection to a fetus is unique and could create situations where she alone bears increased risk of criminal prosecution — especially, the justices wrote, in situations involving drug addiction or attempted suicide.
A full report will appear in the Butler Eagle.
