Prosecuting drugged mother for murder leads to tangled legal web
The arrest and potential prosecution of Adora Perez for murder, for using methamphetamine that resulted in the death of her unborn fetus, potentially opens the door to numerous crimes.
Does this mean that every stillbirth will need to be investigated as to cause? Most women after a stillbirth go through post-partum depression (the same as if the baby is alive and healthy). Adding an investigation and an arrest could increase the potential for suicide.
If the full range of child-abuse laws is applied to a fetus, only a short step from this case, then the health of every newborn would have to be assessed, at birth and for years following. A fetus can be damaged by many things (alcohol, smoking, illegal drugs, prescribed medications, etc.). Following birth, the damage will appear at various times.
This is a sad, sad situation, but there’s little or nothing to be gained by prosecuting this woman for murder. Instead, I see a tangled web of potential precedence that will be costly in so many ways. To prevent these drug-related tragedies, we need greatly expanded treatment resources and education. This would be a far better investment of time and money for all of us.
David E. Roy, Fresno
This story was originally published January 7, 2018 at 4:00 PM with the headline "Prosecuting drugged mother for murder leads to tangled legal web."