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News (Media Awareness Project) - Canada: Mom In Jail To Protect Her Baby
Title:Canada: Mom In Jail To Protect Her Baby
Published On:1998-11-27
Source:London Free Press (Canada)
Fetched On:2008-09-06 19:10:26
MOM IN JAIL TO PROTECT HER BABY

In a bid to protect an unborn baby from crack cocaine, a judge
adjourned sentencing yesterday to keep a pregnant London drug addict
in the Elgin-Middlesex Detention Centre until her child is delivered.

Heather Asquith, also a convicted trafficker, will spend the next few
months in the centre in London awaiting the birth of her baby. She was
given the option of staying in jail to await a sentence for
trafficking.

Federal prosecutor Bill Buchner had argued for a stay behind bars to
try to ensure "the baby isn't subjected to more crack cocaine. "We
don't want a crack baby,'' he said.

Court heard a boy born to Asquith about two years ago is in the
custody of grandparents.

The baby is due March 15. Judge Ross Webster of Ontario Court's
provincial division postponed sentencing to March 19, but said it
could be done earlier if the child is born sooner.

Asquith, 34, was charged in September after an undercover police
officer set up a buy from her. She remained in custody and pleaded
guilty earlier this week to trafficking in crack cocaine.

Buchner said he would normally suggest a 12-month sentence but was
prepared to change it to one day plus time served if Asquith stayed at
the detention centre until the baby was born.

After talking privately with her lawyer, Peter Behr, Asquith indicated
she would accept the deal.

Webster was told Asquith had a long record, including multiple
offences of failing to comply with court and probation orders and
obstructing police.

She had a three-month conditional sentence imposed in June last year
revoked and was in custody before yesterday's court appearance.

Behr had asked Webster to impose a conditional sentence that would
have allowed Asquith to stay in a special home for pregnant moms.

Outside court, Behr said he can't remember a client ever giving birth
in jail.

"It will be unusual, if in fact she gives birth in jail, which I
expect she's going to.

"Once the birth happens we want the child to spend as little time as
possible in a custodial facility, obviously," he said.

Asquith, who is six months pregnant, wants to keep the child, Behr
said.

Behr doesn't know whether Asquith will be allowed to keep the baby. "I
take it because of her custodial situation, the (Children's Aid
Society) will get involved. I don't think they'll grab the child, but
they'll probably get involved because she's in custody. She's hopeful
to keep it."

A 22-year-old pregnant woman from Winnipeg made headlines in 1996
after she was ordered to remain in a detoxification centre to break
her solvent and glue-sniffing addiction until her baby was born.

Checked-by: Patrick Henry
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