Let's really make her suffer, shall we?

Let's really make her suffer, shall we?

by digby

I sure hope that all breast feeding moms understand that if they ingest something that harms their baby, even by accident, they will be held legally liable.

A judge sentenced a South Carolina woman to 20 years in prison Friday for killing her 6-week-old daughter with what prosecutors say was an overdose of morphine delivered through her breast milk.

A prosecutor said Stephanie Greene, 39, was a nurse and knew the dangers of taking painkillers while pregnant and breast feeding, instead choosing to conceal her pregnancy from doctors so she could keep getting her prescriptions. She lost her nursing license in 2004 for trying to get drugs illegally.

Greene’s lawyer said she was only trying to stop debilitating pain from a car crash more than a decade before and relied on her own judgment and medical research on the Internet instead of the advice of doctors and is still overwhelmed with grief from the loss of her child.

The 20-year sentence was the minimum after a Spartanburg County jury found Greene guilty of homicide by child abuse Friday. She could have faced up to life behind bars. Greene will have to serve 16 years before she is eligible for parole. She said nothing in court and quietly shuffled out of the courtroom, her hands and feet shackled, after she was sentenced.

Her lawyer said she will appeal and it’s likely the case will be tied up for years to come. Both the prosecutor and Greene’s lawyer agree no mother has ever been prosecuted in the United States for killing her child through a substance transmitted in breast milk. Also, prosecutors didn’t prove how the baby got the morphine and there is little scientific evidence that enough morphine can gather in breast milk to kill an infant, Greene’s lawyer Rauch Wise said.

“The court can’t punish her any more than she already has been by losing a child,” Wise said.

Greene’s husband did not talk to reporters. Wise said he supported his wife and was devastated as he prepared to raise their 7-year-old son alone.

This case is a tragedy on so many levels, but it's not based on verified science. People just "know" apparently that she "killed" her baby by taking painkillers. Someday they might just "know" that eating or drinking unapproved substances harmed a nursing baby too. Who can say?

What kind of people are this who would punish this woman so harshly for such a tragedy? But then, we routinely throw people in jail for 20 years for drugs all the time, so I guess my point is moot. I'm going to guess that's what she's really being punished for. Since when did people care much about what happens to babies once they're born?


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