The Real Cost of Prisons Weblog

Below is a description of some cases, our education action, and links to news stories about this work. Our next e-mail will update you on our work in South Dakota and elsewhere to reframe the abortion debate and protect all women from attacks made in the name of both the war on drugs and the war on abortion.

On November 29th the Supreme Court of Hawaii unanimously overturned Tayshea Aiwohi's conviction for manslaughter. NAPW has been involved in the case from the beginning. When Ms. Tayshea Aiwohi’s newborn son died shortly after he came home from the hospital, she was not supported in her grief; instead, she was arrested based on a scientifically unsupported claim that the methamphetamine problem she was working hard to overcome caused the death of her son. NAPW worked extensively with local and national advocates to oppose this prosecution. In order to avoid a trial, however, Ms. Aiwohi plead guilty to manslaughter but challenged the legitimacy of the charge. NAPW, with the support of the Drug Policy Alliance, and the extraordinarily talented attorney David Goldberg, filed a public health amicus brief on behalf of over 60 public health, child welfare and drug treatment organizations and experts challenging the conviction. We also worked with Ms. Aiwohi’s attorney helping to prepare him for oral argument. Although some of the reasoning of the main opinion leaves something to be desired, this is an important victory adding another state Supreme Court to the list of appellate courts rejecting the idea that continuing a pregnancy to term in spite of a drug problem is a crime.

To read about the decision:
http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20051130/NEWS20/511300342/1001/NEWS

To read the Hawai‘i Supreme Court ruling: www.courts.state.hi.us/page_server/LegalReferences/73DFB8859867A628EAE7AB3DC5.html

NAPW’s work has also helped to get charges dropped or dismissed in cases in Oregon, Wyoming, Wisconsin and Washington State. Yesterday we received a joyful e-mail from James Rennicke, an attorney in Burnett County, Wisconsin saying in part, “Good Morning, Lynn Drum roll please! Case dismissed!! Due to the brilliant memorandum by James Rennicke, and help from your office, many thanks!!!! case will be dismissed tomorrow.”

Recently, NAPW had the privilege of working with the Maryland Public Justice Center to file an amicus brief on behalf of more than 40 public health, drug treatment and child welfare organizations opposing the prosecution of Kelly Lynn Cruz. Amici are asking for a clear judicial statement that the felony “reckless endangerment of another” cannot be used to punish women for becoming pregnant and giving birth in spite of a drug or other health problem. We just learned that the Maryland Court of Appeals granted cert in the case, meaning that they will review the unjust and unconstitutional prosecution in this case.

NAPW is also proud that we have influenced the media and policy makers across the nation by organizing over 90 medical experts and scientific researchers to speak out against the myth of the “meth baby.” Throughout the 1980’ s and 90’s alarmist claims about so called “crack babies” fueled fetal rights arguments, new punishment of pregnant women and mothers, and ever more punitive drug laws. NAPW recognized that public anxiety regarding a new threat, “meth babies,” could result in a new wave of attacks on pregnant women. As a result, we reached out to experts and helped them to organize a public letter to the media and policy makers warning them not to create a new myth of “meth babies.” This letter was distributed nation wide, in both English and Spanish and has had a significant impact on journalists, child welfare workers and others. The letter has been picked up a referred to in a wide variety of news stories, (see links to stories below) and a commentary by Dr. Barry Lester that we solicited and became the basis for a series of ads in leading political magazines including National Review, the New Republic, the American Prospect, The Nation, Reason Magazine, and the Progressive. (See link to ads below)

ß One hit of meth enough to cause news defects
http://www.jointogether.org/sa/news/features/reader/0,1854,578073,00.html
.
ß Another “Drug Baby Media” Scare? http://www.csdp.org/publicservice/dejavumeth.htm

ß Meth and Myth: Top Doctors, Scientists, and Specialists Warn Mass Media on "Meth Baby" Stories 7/29/05 http://stopthedrugwar.org/chronicle/397/methandmyth.shtml

ß An Inconceivable Solution? Barbara Harris Has an Answer to the Problem of Drug-Addicted Babies—Pay the Mothers to Stop Having Kids, Portland Mercury, by Katie Shimer http://www.portlandmercury.com/portland/Content?oid=35535&category=34029

ß The Meth Epidemic: Hype vs. Reality: The facts about how the drug affects child welfare and how agencies have coped http://www.youthtoday.org/youthtoday/oct05/story2_10_05.html

ß Crack Then, Meth Now, What the press didn't learn from the last drug panic http://www.slate.com/id/2124885/

www.advocatesforpregnantwomen.org