Kasey R. Dischman

A legal challenge has been lodged by the prosecution into the case against a woman who allegedly overdosed while seven months pregnant, appealing a decision made in Butler County Court.

The appeal was filed Monday to the Superior Court of Pennsylvania regarding the Oct. 20 decision by county Judge William Shaffer, who dismissed a felony charge of aggravated assault of an unborn child filed against Kasey R. Dischman, 30.

The certification of the appeal, signed by Assistant District Attorney Laura Pitchford states that Shaffer's order “will terminate or substantially handicap the prosecution.”

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

Shaffer, in his order, said prosecutors were overreaching in their attempt to charge Dischman with aggravated assault using Pennsylvania's Crimes Against the Unborn Child Act. He said Dischman was clearly protected from prosecution by a clause in the law that exempts pregnant women from prosecution for crimes against their unborn children.

The case was set to continue on three additional charges, which were later added by the prosecution — misdemeanor endangering the welfare of children, corruption of minors and possession of a controlled substance — after they were held for trial following a new preliminary hearing.

The additional charges were later added based on evidence that Dischman's 8-year-old daughter was present in the house at the time of the overdose, and that a hypodermic needle was found there.

The case remains inactive pending that appeal.