ProPublica reports on a terrifying prosecution in Mississippi.
Rennie Gibbs’s daughter, Samiya, was a month premature when she simultaneously entered the world and left it, never taking a breath. To experts who later examined the medical record, the stillborn infant’s most likely cause of death was also the most obvious: the umbilical cord wrapped around her neck.
But within days of Samiya’s delivery in November 2006, Steven Hayne, Mississippi’s de facto medical examiner at the time, came to a different conclusion. Autopsy tests had turned up traces of a cocaine byproduct in Samiya’s blood, and Hayne declared her death a homicide, caused by “cocaine toxicity.”
In early 2007, a Lowndes County grand jury indicted Gibbs, a 16-year-old black teen, for “depraved heart murder” — defined under Mississippi law as an act “eminently dangerous to others…regardless of human life.” By smoking crack during her pregnancy, the indictment said, Gibbs had “unlawfully, willfully, and feloniously” caused the death of her baby. The maximum sentence: life in prison.
Seven years and much legal wrangling later, Gibbs could finally go on trial this spring — part of a wave of “fetal harm” cases across the country in recent years that pit the rights of the mother against what lawmakers, health care workers, prosecutors, judges, jurors, and others view as the rights of the unborn child.
Sometimes the level of hatred for women just scares me into silence.