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Organizations rally around Dischman

Kasey Dischman
Several groups call prosecution 'dangerous, counter-productive'

Several national and state organizations have come together behind a Butler County woman charged with overdosing while seven months pregnant.

In an open letter, sent to the Butler County District Attorney's Office and provided to the Eagle by Butler County Public Defender Joseph Smith, several organizations are calling for the “dangerous and counter-productive prosecution” against Smith's client, Kasey R. Dischman, 30, to be dropped.

Dischman was charged with felony aggravated assault of an unborn child following her alleged June 23 overdose, which resulted in her baby being prematurely delivered.

The Butler County District Attorney's Office also sought to add several charges, including misdemeanor endangering the welfare of children, corruption of minors and possession of a controlled substance based on evidence that Dischman's 8-year-old daughter was also present in the house at the time of the overdose, and that a hypodermic needle was found there.

Organizations undersigned in the letter include the National Advocates for Pregnant Women, Delaware County Women's Center, Every Mother is a Working Mother Network, Maternity Care Coalition, National Association of Perinatal Social Workers, National Council on Alcoholism and Drug Dependence Inc., National Perinatal Association, New Voices for Reproductive Justice, the Philadelphia Women's Center and several medical doctors, legal experts and university professors.

The letter, dated Oct. 12, states “as physicians, health care professionals, public health advocates, legal advocates, and experts in reproductive health and gender equality, we are greatly concerned about the recent arrest of a woman accused of felony assault of her unborn child because she allegedly used heroin while pregnant, even though Pennsylvania law clearly states that she cannot be prosecuted for this crime.”

The letter goes on to address concerns that Dischman was arrested after seeking medical attention, which eventually resulted in an emergency cesarean section and the birth of her daughter.

“While we do not in any way condone a person's use of alcohol, cigarettes, or drugs that might affect pregnancy outcome or a person's ability to parent, our commitment to the care of pregnant women and their children requires us to speak out against dangerous and counter-productive measures such as the arrest of pregnant women and new mothers,” the letter states.

The letter states that drug addiction is a medical affliction best addressed through medical treatment, not criminal prosecution, and measures such as this “have been shown to deter pregnant and parenting women from seeking health care and drug and alcohol treatment, rather than from using drugs.”

Instead, the letter suggested the use of prenatal care, counseling and continued medical supervision.

“Converting the physician's exam room into an interrogation chamber and turning health care professionals into agents of law enforcement destroys this trust,” the letter states.

Assistant District Attorney Laura Pitchford, who is prosecuting the case, did not return calls seeking comment on the letter.

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