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Jessica Smallwood Won't Be Charged After Drugged Fetus Found In Freezer

The Huffington Post     First Posted: 11/10/12 EST Updated: 11/12/12 EST

A Florida woman whose stillborn fetus was found in the freezer won't be charged, despite traces of cocaine found in the fetus' blood.

Jessica Smallwood, 27, was under intense police scrutiny for six months following the discovery of a 6 1/2-pound, third-trimester female fetus wrapped in a garbage bag inside her freezer in Punta Gorda. But the investigation concluded Thursday after prosecutors deemed the fetus stillborn -- it never took a breath, according to the Herald Tribune.

Cocaine was found in the fetus' blood, but expectant mothers cannot be charged for passing drugs to their fetus.

"You wouldn't want to hinder a woman from seeking prenatal care out of fear that she would be charged criminally," assistant state attorney Shannon Doolity told the paper.

There are laws that dictate proper disposal of remains in Florida, but there's no evidence that a crime occurred. During the investigation, Smallwood maintained that she thought she had passed a blood clot in January and didn't know she was pregnant. Investigators couldn't confirm who put the fetus in the freezer.

Smallwood gave conflicting stories to police over the course of the investigation, which began when her mother called an ambulance because she was bleeding profusely. She reportedly gave a suspicious story that led officers to get a warrant to search her home.

The fetus was originally reported as a newborn by NBC-2, but an autopsy revealed that the corpse was a stillborn.

 
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11:00 AM on 11/14/2012
If you can't charge pregnant women who do crack, meth or whatever can we at least give them IUD's until they can pass a drug screen or two?
firstamendment3
It's all so ironic.
06:46 AM on 11/14/2012
If the fetus never took a breath, how did it manage the crack pipe?
10:02 PM on 11/13/2012
The article said, "the investigation concluded Thursday after prosecutors deemed the fetus stillborn -- it never took a breath, according to the Herald Tribune."

I believe they meant "SHE never took a breath" SHE...SHE...SHE. Don't try to de-humanize us anymore. A baby GIRL died here, folks.
08:47 PM on 11/13/2012
Why do people keep calling babies --fetuses?? They are BABIES!!!!!
06:15 PM on 11/13/2012
End the war on drugs. We need more cokeheads.
01:13 PM on 11/13/2012
Accountability for a life is truly not recognized. You go to jail for giving your child drugs however there's no voice for the unborn baby having to ingest drugs and possibly cause death in the womb.
12:47 PM on 11/14/2012
Did you not read the reasoning behind this? It's far more in the interest of public, AND FETAL, health to NOT discourage pregnant women from going for prenatal care OR FOR DRUG ADDICTION HELP because of a risk of criminal charges.
11:58 AM on 11/13/2012
Yup, unbelievable, and I have some ocean front property here in Kentucky outside of Bowling Green, any takers?
04:06 PM on 11/12/2012
unbelievable