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Mississippi Today

They Were Prosecuted for Using Drugs While Pregnant. But It May Not Have Been a Crime

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This article was published in partnership with The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system. Sign up for their newsletters, and follow them on  InstagramTikTokReddit and Facebook.

Spencer Woods wanted to fight a that didn't exist.

As a sheriff's investigator in Monroe County, Mississippi, near the Alabama border, he would occasionally reports from his state's child protection agency that a baby had tested positive for illegal at birth.

To Woods, the mothers had endangered their fetuses and should face criminal charges. But unlike some other southern states, Mississippi doesn't define a fetus as a person; in fact, voters had rejected a ballot measure to do just that more than a decade ago.

So when Woods would receive these referrals, he had to effectively place them in the trash.

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“We were coming across those type [of] things that I considered to be child abuse, but as far as the statute, the state wasn't recognizing that as actual child abuse,” Woods said in an interview.

That's until 2019, when Woods decided that his office would take matters into its own hands and pursue child endangerment cases against the women anyway. He argued that child abuse can, in fact, take place inside the womb, challenging anyone to prove otherwise.

Through news reports and court records, Mississippi Today identified 44 cases in which law enforcement in Mississippi have arrested women for a crime that, based on existing state law, they may not have actually committed.

“The state of Mississippi does not look at a child as being a child until it draws its first breath,” Woods said. “Well, when that child tests positive when it's born, the abuse has already happened, and it didn't happen to a ‘child.' So it was a crack in the system, the way I looked at it. And that's where we're kind of playing.”

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While medical experts warn against drug use during pregnancy, they point out that not all babies exposed to drugs in the womb are born with medical problems. But Woods said that he doesn't need evidence of harm to the fetus — just a positive drug test — to pursue a child endangerment case.

Monroe County has accounted for 12 of the 44 cases we found. Woods said he was unaware that 200 miles to the south of his jurisdiction, in Jones County had already been filing similar charges against mothers for years, Mississippi Today reported in 2019. All but three of the cases Mississippi Today identified from 2015 to 2023 came from Monroe and Jones, two small rural counties.

While Monroe County has offered leniency in keeping these women out of prison, Jones County's lone judge, Circuit Court Judge Dal Williamson, has given at least six women long prison sentences for using drugs while pregnant. The difference in sentencing stems in part from the counties charging women under different sections of the child abuse law. Monroe County has utilized the child endangerment section that bars parents from allowing their to be present around drugs, such as in meth labs. Meanwhile, Jones County has charged women in similar circumstances with poisoning their fetuses. Williamson ordered the women to serve between two and 15 years in prison.

On a page of a binder he keeps in his desk, Monroe County sheriff's investigator Spencer Woods has jotted down the criminal code containing the crime — child endangerment — that he believes women have committed when they use drugs while pregnant. The statute makes it illegal for a parent to allow their child to be in the presence of drugs. Credit: Eric Shelton/Mississippi Today

“I don't understand how in the world a mother expecting a child would continue to pour this poison in their body,” Williamson said at a sentencing last year, according to the local newspaper Laurel Leader-Call. “Your baby can't say, ‘No, mama, stop.'”

Some local investigators and prosecutors are pursuing similar cases in Alabama, Oklahoma and South Carolina. They are policing pregnant people under an expanded interpretation of child abuse and neglect laws — even if parents birthed healthy babies, according to an investigation by The Marshall Project, Mississippi Today, AL.com, The Frontier and The Post & Courier.

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Officials in Etowah County, Alabama, 185 miles to the east of Woods, are perhaps the champions of this approach, having arrested hundreds of women in the past several years.

Woods' strategy has never been tested in court, because each of the 12 women his office has arrested have pleaded guilty under diversion or probation deals that keep them out of prison.

Defense lawyers said they would like to take a case to trial, but their clients are reluctant. “They're not wanting to take that risk of going to trial and getting convicted because they're all fighting to get their kids back,” said Luanne Thompson, one of two public defenders in Monroe County who has handled these cases. “That is the dilemma that they're in.”

Most of Thompson's clients have received “non-adjudicated” sentences, meaning they avoid prison and their records will be cleared if they satisfy the terms of their probation.

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Public health experts fear that the threat of prosecution could dissuade pregnant people from seeking prenatal care at a time when the state is facing growing threats to the health of newborns. Mississippi has the highest infant mortality rate in the nation, at roughly 9 deaths per 1,000 births.

Cases of infant hospitalizations in Mississippi related to drug exposure in the womb have skyrocketed from more than 300 cases in 2015, when Jones County began prosecuting these cases, to four times that in 2021, at a high of more than 1,200.

State Health Officer Daniel Edney has vowed to address these issues. His department compiled a recent report that identified the uptick in drug-exposed newborns. The report blamed the increase on changes in diagnostic coding at hospitals, as well as rising substance abuse due to the isolation and reduced access to therapy people experienced during the coronavirus pandemic.

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But Edney, a longtime addiction specialist, was shocked to learn from recent reporting by The Marshall Project and Mississippi Today about local prosecutions of mothers not unlike his own patients.

“I thought, ‘This is archaic,'” Edney said. “There are a lot of medical conditions that if a pregnant mom doesn't take care of herself, it hurts the baby. This is the one disease that we'll incarcerate a woman for.”

He warns that prosecuting moms with substance use disorders as child abusers will only deter them from seeking care, making it harder for the medical community to do its job.

“We don't need law enforcement going in to arrest women who are trying to get help,” Edney said. “It has a chilling effect on the women out there who are trying to decide what they need to do.”

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Though Mississippi officials enacted and defended the state abortion prohibition that ultimately led to the U.S. Supreme Court overturning last year, the state does not recognize “fetal personhood.” In 2011, Mississippi voters rejected an amendment to the state constitution proposed by anti-abortion activists that would have defined a fertilized egg as a person.

The Mississippi Supreme Court has twice taken up the issue — through two cases in which local officers charged women with murder or manslaughter after losing their pregnancies in 2006 and 2009. Both times, justices wrote ambiguous opinions, and the lower courts ultimately threw charges out in both cases.

Mississippi's abortion prohibition doesn't criminalize pregnant people, nor does it treat abortion as murder. The law stipulates prison terms only for the person who performed the abortion, not the woman who sought it. Bills filed in the Mississippi to criminalize drug use while pregnant under the state's child abuse statute have died with little attention. Despite those failed efforts, the sheriff's investigator in Monroe County decided his department needed to act.

“We're eventually gonna have to deal with possibly the Supreme Court or possibly the state Legislature on changing the law, hopefully,” Woods said.

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He said he realizes that his tactic may have implications for reproductive rights. 

“I always had to keep that in the back of my mind, the Roe v. Wade type stuff, what women can do with their bodies,” Woods said. “That was never my argument. My argument was always what was best for the child. I discussed it with my assistant district attorney, who is a woman, and she had my back on this, and we went forward with it.”

But a growing body of research shows that what's best for the health of newborns is critical bonding with their mother.

“We have to balance the health and safety of that baby while also trying to make sure that family stays connected,” said Dr. Anita Henderson, a Hattiesburg pediatrician and president of the Mississippi chapter of the American Academy of Pediatrics. “If you're trying to reunify families or make that mom or that family as healthy as possible, then the goal should be treatment. ... Incarceration and the threat of incarceration have proven to be ineffective.”

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Christina Dent, who has cared for children in Mississippi's foster care system as a result of their mothers' drug addictions, supports the concept of fetal personhood and is personally against abortion. She's also the founder of End It For Good, a nonprofit that advocates for the legalization of drugs. Dent's group argues that criminalizing drugs only increases harm to people and society. She said that treating these mothers as criminals is “opposed to a pro-life ethic” and leads to worse outcomes for both the mother and baby.

“I would say, yes, that [fetus] is a child,” Dent said, speaking for herself and not on behalf of her organization. “And because of that, shouldn't we do everything possible to protect that child from further harm, help the mother access prenatal care, and protect the bond of this little family?”

Monroe County Sheriff Kevin Crook has earned a reputation for taking a compassionate approach to drug offenses, placing an emphasis on treatment and rehabilitation. In Crook's view, though, the threat of prison motivates people to take recovery seriously.

“We gotta have something for these people to run into,” Crook said, “or they're not just gonna stop on their own.”

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Woods agreed. “I'm not really trying to put these women in prison,” he said. “What I'm trying to do is correct the issue. We do offer counseling and rehab and those types of things.”

But the investigator acknowledged there's never enough mental health services to cover the need. He also couldn't say how effective his strategy is; he doesn't have any data to show how many mothers he's arrested have gotten clean or reunited with their children.

Woods said he also believes that smoking or drinking alcohol while pregnant — which can produce similar if not more harmful effects as controlled substances on a fetus' development — constitutes child abuse.

He's aware his approach could be applied to other activities that might endanger a fetus. “Of course, you keep going, ‘You're eating too much sugar. You're ingesting too much caffeine.' Where do you stop with it?” Woods said.

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He draws the line at illegal substances. “I have to go by statutes,” he said. “I can't just decide what I want to.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

PSC axes solar programs in light of EPA funds, advocates file lawsuit

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mississippitoday.org – Alex Rozier – 2024-05-15 12:10:31

Advocates from some of the state's conservation groups — such as Audubon Delta, Mississippi Sierra Club and Steps Coalition — spoke out Wednesday against a recent decision by the to suspend several solar programs, including “Solar for Schools,” less than two years after the previous commission put them in place.

“This is particularly disappointing because the need for these incentives in the state of Mississippi is significant,” said Jonathan Green, executive director of Steps Coalition. “Energy costs in the South, and in particular the region known as the Black Belt, are higher than those in other parts of the country for a number of reasons. These regions tend to have older energy generation infrastructure, and housing that has not been weatherproofed to modern standards. For many low- to moderate-income residents in the state of Mississippi, energy burden and energy insecurity represent real economic challenges.”

The PSC voted 2-1 at its April docket meeting to do away with the programs, reasoning in part that new funds through the Inflation Reduction Act would be available to the state. About 10 days later, the Environmental Protection Agency awarded $62 million to the state, through the Hope Enterprise Corporation, to help low-income Mississippians afford adding solar power to their homes. The funds are part of the Biden Administration's Solar for All program, one of the several recent federal initiatives aimed at reducing greenhouse gas emissions.

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The PSC decision ended three programs the previous commission put in place to encourage wider adoption of solar power through the two power companies it regulates, Entergy Mississippi and Mississippi Power: “Solar for Schools,” which school districts to essentially build solar panels for in exchange for tax credits, as well as incentives for low-income customers and battery storage.

Last Friday, the Sierra Club filed lawsuits in chancery courts in Hinds and Harrison counties against the commission, arguing the PSC broke state by not providing sufficient reasoning or public notice before making the changes. Advocates also argued that new funding going to Hope Enterprise won't go as far without the PSC's low-income incentives.

The programs were part of a 2022 addition to the state's net metering rule, a system that allows homeowners to generate their own solar power and earn credits for excess energy on their electric bills. Mississippi's version is less beneficial to participants than net metering in most states, though, because it doesn't reimburse users at the full retail cost. Mississippi's net metering program itself is still in tact.

Northern District Commissioner Chris Brown said that, while he supported efforts to expand solar power, he didn't think programs that offer incentives from energy companies were fair to other .

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Solar panels on the roof of the performing arts center at North Forrest High School. Credit: Mike Papas / Forrest County School District

“It's the subsidy that we take issue with,” Brown said at the meeting. “It's not the solar, it's not the helping the schools. We just don't think it's good policy to spread that to the rest of the ratepayers.”

Brown and Southern District Commissioner Carr voted to end the programs, while Central District Commissioner De'Keither Stamps voted against the motion. All three are in their first terms on the PSC. Brown's position is in line with what the power companies as well as Gov. Tate Reeves have argued, which is that programs like net metering forces non-participants to subsidize those who participate.

Robert Wiygul, an attorney for the Mississippi Sierra Club, countered that argument during Wednesday's press conference, saying that net metering actually helps non-participants by adding more power to the grid and reducing the strain on the power companies' other infrastructure. Moreover, he said, the PSC hasn't offered actual numbers showing that non-participants are subsidizing the program.

“Look, if the commission wants to talk about that, we are ready to talk about it,” Wiygul said. “But what we got here is a situation where these two commissioners just decided they were going to do this. We don't even know what that claim is really based on because it hasn't been through the public notice and hasn't been through the public comment .”

While no schools had officially enrolled in “Solar for Schools,” which went into effect in January of last year, Stamps told that there were places in his district getting ready to participate in the very programs the PSC voted to suspend.

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Mississippi Public Service Central District Commissioner De'Keither Stamps, discusses current agency operations across the state during an interview at district headquarters, Friday, Feb. 23, 2024, in Jackson. Credit: Vickie D. King/Mississippi Today

“My issue was we should have talked to the entities that were going through the process to (understand what they were doing) to participate in the programs before you eliminate the programs,” he said.

Several school districts in the state are already using solar panels thanks to funding from a past settlement with Mississippi Power. there told Mississippi Today that the extra power generated from the panels has freed up spending for other educational needs. During the public comment period for the 2022 net metering update, about a dozen school district superintendents from around the state wrote in to support the initiative. Ninety-five school districts in the state would have been eligible for the program because they receive power from Entergy Mississippi or Mississippi Power.

Former commissioner Brent Bailey, who lost a close reelection bid in November to Stamps, was an advocate for the schools program that the PSC created while he was there. At the April docket meeting, he pleaded with the new commission to reconsider, arguing that the new federal funding won't have the same impact without those programs.

“My ask is to at least give this program a chance, see where it goes, and hear from stakeholders that have participated,” Bailey said. The solar programs, he added, weren't just about expanding renewable energy, but taking advantage of a growing economy around solar power as well: “We can just stand by and watch it go by, or we can participate in this and bring economic development to the state.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Crooked Letter Sports Podcast

Podcast: In or out (of the NCAA Tournament)?

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College 's regular season is in its last , which means baseball bracketology is a popular activity. needs to finish strong to become a Regional host. Southern Miss probably has already punched its ticket as a 2- or 3-seed. , playing its best baseball presently, needs victories, period. Meanwhile, the State High School softball tournament is this week in Hattiesburg, and the state baseball tournament to Trustmark Park in Pearl next week.

Stream all episodes here.


This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=358148

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Mississippi Today

Reeves again blocks funds for LeFleur’s Bluff project in Jackson

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mississippitoday.org – Bobby Harrison – 2024-05-15 10:02:34

For the third consecutive year legislative efforts to direct money to renovate LeFleur's Bluff in Jackson have been stymied, thanks in large part to Gov. Tate Reeves.

Earlier this , the Republican governor vetoed a portion of a bill that directed $14 million to the office of Secretary of State Michael Watson for work on developing and improving a nature trail connecting parks and museums and making other -related improvements in the LeFleur's Bluff area.

It is not clear whether the Legislature could take up the veto during the 2025 session, which begins in January, though, that's not likely. The Legislature had the option to return to Jackson Tuesday to take up any veto, but chose not to do so.

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Of the project, Watson said, “Our office was approached late in the session about helping with a project to revitalize LeFleur's Bluff. As Mississippi's state land commissioner, I was more than happy to lead this effort not just because it's a natural fit for our office, but also because I believe Mississippi needs a thriving capital city to retain our best and brightest. Investing state funds in state property on a project to enhance the quality of life in Jackson makes good sense.

“Unfortunately, some only support it when it equates to campaign contributions. Sadly, through the line-item veto of the appropriation, Mississippians will once again wait another year for the opportunity to benefit from state investments for the greater public good.”

READ MORE: Gov. Reeves warns Mississippi: Challenge my vetoes, and it could jeopardize hundreds of projects

Various groups, such as representatives of the Mississippi Children's and many other community leaders have been working on the project for years. The area already is the home of the Children's Museum, Museum of Natural History, Mississippi Hall of Fame and Museum and a state park.

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The issues with LeFleur's Bluff first arose in 2022 when Reeves vetoed a $14 million appropriation that in part was designed to redesign and create a new golf course in the area. Previously, there had been a nine-hole, state-owned golf course operated by the Department of Wildlife, at LeFleur's Bluff State Park.

In 2022, the LeFleur's Bluff project was one of literally hundreds of projects funded by the Legislature – many of which was tourism projects like LeFleur's Bluff. The governor only vetoed a handful of those projects.

When issuing the LeFleur's  Bluff veto, Reeves said the state should not be involved in golf courses.

Then last year $13 million was directed to the Department of Wildlife, Fisheries and Parks to spend on the LeFleur's Bluff project. But legislative leaders said state money would not go toward a golf course.

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Lawmakers opted to transfer the project to the Secretary of State's office late in the 2024 session, apparently in part because they felt the Department of Wildlife, Fisheries and Parks had not made enough of an effort to begin the project.

Lynn Posey, executive director of Wildlife, Fisheries and Parks, said that before moving forward with the project, “We felt like we needed to do engineering work and see what the situation was. We never got a chance to move forward” because the Legislature redirected the money.

Posey said an engineer's was needed because “it is a unique piece of land.” He said much of the land is prone to .

He said before that work could begin the Legislature switched the authority to the Secretary of State's office. Posey was appointed to his current position by Reeves, whose office had no comment on the veto.

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Lt. Gov. Delbert Hosemann said after the governor's veto, “Projects like the LeFleur's Bluff development are critical to the Capital City, the wider metropolitan area, and our state. Public parks add to the quality of life for our citizens. I am hopeful the individuals involved in this project, including those at the Mississippi Children's Museum, will continue their work to improve this state asset.” 

While the Constitution instructs the governor to provide to the Legislature a reason for any veto, Reeves did not do so this year when vetoing the money going to the Secretary of State's office.

On Monday, the governor also vetoed a portion of another bill dealing with appropriations for specific projects. But in this case, the veto was more of a technicality. The bill was making corrections to language passed in previous sessions. In that language were five projects the governor vetoed in 2022.

The language, as it was written, would not have revived those previously vetoed projects, the governor said. But Reeves said he vetoed the five projects out of caution. He did the same in 2023 when those five projects, which included money appropriated in 2022 for the Russell C. Davis Planetarium in Jackson, were carried forward in a bill also making corrections to previously passed legislation.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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