Woman Who Gave Birth to Stillborn Infant After Allegedly Refusing C-Section Sentenced to 18 Months of Probation

     (Kaisernetwork - www.kaisernetwork.org) Salt Lake County District Judge Dennis Fuchs on Thursday sentenced Melissa Rowland, who in March was charged with criminal homicide for giving birth to a stillborn infant after allegedly refusing to consent to a caesarean-section delivery of her twins, to 18 months of probation for two counts of child endangerment, the Salt Lake City Deseret Morning News reports (Thomson/Reavy, Salt Lake City Deseret Morning News, 4/30). According to court documents, Rowland showed "depraved indifference to human life" by failing to seek immediate medical treatment, including a recommended c-section. Rowland consented to a c-section delivery only after a hospital staff member told her that the female fetus was in distress and the male fetus was dead, according to the documents. The female infant was delivered alive and tested positive for cocaine and alcohol, and the male infant was stillborn. State Medical Examiner Dr. Edward Leis determined that the male infant did not have any congenital problems and would have been born alive if Rowland had consented to a c-section earlier. In a plea agreement, Utah prosecutors earlier this month announced they were dropping murder charges against Rowland, and she pled guilty to two third-degree felony counts of child endangerment for using cocaine during pregnancy (Kaiser Daily Reproductive Health Report, 4/9).

Sentencing Details

     Fuchs officially sentenced Rowland to two concurrent terms of zero to five years in prison, but he suspended the sentence and put Rowland on "good behavior" probation instead (Salt Lake City Deseret Morning News, 4/30). If Rowland does not fulfill the requirements of her probation -- which include an order to do 100 hours of community service -- she will have to serve her prison sentences, Reuters reports. Fuchs also ordered Rowland, who has a history of mental health problems, to move to Indiana, where she has family and friends and where she will undergo mental health treatment. Fuchs also ordered Rowland to undergo parenting classes, according to Reuters (Nelson, Reuters, 4/29). However, Fuchs denied the prosecution's request that Rowland be banned from making contact with her infant daughter, who was adopted by another family after birth, according to the AP/San Diego Union-Tribune (Sage, AP/San Diego Union-Tribune, 4/29).

Reaction

    Rowland, who served 105 days in prison, said she is "happy to be free," adding that she hopes to attend college, become a legal secretary and "get off Social Security" after undergoing mental health and drug treatment, the Salt Lake Tribune reports (Hunt, Salt Lake Tribune, 4/30). However, Rowland -- who maintains that she did not refuse a c-section -- added that she "should not have been charged with criminal homicide" (Salt Lake City Deseret Morning News, 4/30). Rowland also said she does not intend to have any more children, the Tribune reports (Salt Lake Tribune, 4/30). Prosecutor Robert Stott said he agreed with the sentence, adding that the district attorney's office was glad that Rowland had "taken responsibility for her actions," according to the Deseret Morning News (Salt Lake City Deseret Morning News, 4/30). The National Organization for Women, Planned Parenthood Federation of America, the American Civil Liberties Union and other groups have criticized the prosecution for charging Rowland with murder, alleging that their efforts were an attempt to undermine abortion rights in the state (Kaiser Daily Reproductive Health Report, 4/9). Stott said that the decision to drop the murder charges against Rowland was not because of political pressure but came after the prosecution learned of Rowland's "long history of psychological and mental health and drug addiction problems" (Salt Lake Tribune, 4/30). Andrea Moore Emmett, president of the Utah chapter of NOW, said that Rowland's case could lead other women with mental health or substance abuse problems to avoid seeking help for fear of being prosecuted. Susan Vogel of the social justice organization CodePink said, "We feel this case was an incredible waste of money for the state of Utah," adding, "I'd like to see the wages of the Salt Lake prosecutors garnished to pay for this" (Salt Lake City Deseret Morning News, 4/30).

Source: Kaisernetwork
Publish Date: April 30, 2004