Mississippi could soon jail women for stillbirths, miscarriages
May 23, 2013
On March 14, 2009, 31 weeks into her pregnancy, Nina Buckhalter gave birth to a stillborn baby girl. She named the child Hayley Jade. Two months later, a grand jury in Lamar County, Mississippi, indicted Buckhalter for manslaughter, claiming that the then-29-year-old woman “did willfully, unlawfully, feloniously, kill Hayley Jade Buckhalter, a human being, by culpable negligence.”
The district attorney argued that methamphetamine detected in Buckhalter’s system caused Hayley Jade’s death. The state Supreme Court, which heard oral arguments on the case on April 2, is expected to rule soon on whether the prosecution can move forward.
If prosecutors prevail in this case, the state would be setting a “dangerous precedent” that “unintentional pregnancy loss can be treated as a form of homicide,” says Farah Diaz-Tello, a staff attorney with National Advocates for Pregnant Women, a nonprofit legal organization that has joined with Robert McDuff, a Mississippi civil rights lawyer, to defend Buckhalter. If Buckhalter’s case goes forward, NAPW fears it could spur a wave of similar prosecutions in Mississippi and other states.
Mississippi’s manslaughter laws were not intended to apply in cases of stillbirths and miscarriages. Four times between 1998 through 2002, Mississippi lawmakers rejected proposals that would have set specific penalties for damaging a fetus by using illegal drugs during pregnancy. But Mississippi prosecutors say that two other state laws allow them to charge Buckhalter. One definesof manslaughter as the “killing of a human being, by the act, procurement, or culpable negligence of another”; another includes ”an unborn child at every stage of gestation from conception until live birth” in the state’s definition of human beings.
The cause of any given miscarriage or stillbirth is difficult to determine, and many experts believe there is no conclusive evidence that exposure to drugs in utero can cause a miscarriage or stillbirth. Because of this, prosecuting Buckhalter opens the door to investigating and prosecuting women for any number of other potential causes of a miscarriage or stillbirth, her lawyers argued in a filing to the state Supreme Court—”smoking, drinking alcohol, using drugs, exercising against doctor’s orders, or failing to follow advice regarding conditions such as obesity or hypertension.” Supreme Court Justice Leslie D. King also raised this question in the oral arguments last month: “Doctors say women should avoid herbal tea, things like unpasteurized cheese, lunch meats. Exactly what are the boundaries?”
One of the Best Obituaries Ever Written
Harry Weathersby Stamps, ladies’ man, foodie, natty dresser, and accomplished traveler, died on Saturday, March 9, 2013.
Harry was locally sourcing his food years before chefs in California starting using cilantro and arugula (both of which he hated). For his signature bacon and tomato sandwich, he procured 100% all white Bunny Bread from Georgia, Blue Plate mayonnaise from New Orleans, Sauer’s black pepper from Virginia, home grown tomatoes from outside Oxford, and Tennessee’s Benton bacon from his bacon-of-the-month subscription. As a point of pride, he purported to remember every meal he had eaten in his 80 years of life.
The women in his life were numerous. He particularly fancied smart women. He loved his mom Wilma Hartzog (deceased), who with the help of her sisters and cousins in New Hebron reared Harry after his father Walter’s death when Harry was 12. He worshipped his older sister Lynn Stamps Garner (deceased), a character in her own right, and her daughter Lynda Lightsey of Hattiesburg. He married his main squeeze Ann Moore, a home economics teacher, almost 50 years ago, with whom they had two girls Amanda Lewis of Dallas, and Alison of Starkville. He taught them to fish, to select a quality hammer, to love nature, and to just be thankful. He took great pride in stocking their tool boxes. One of his regrets was not seeing his girl, Hillary Clinton, elected President.
He had a life-long love affair with deviled eggs, Lane cakes, boiled peanuts, Vienna [Vi-e-na] sausages on saltines, his homemade canned fig preserves, pork chops, turnip greens, and buttermilk served in martini glasses garnished with cornbread.
He excelled at growing camellias, rebuilding houses after hurricanes, rocking, eradicating mole crickets from his front yard, composting pine needles, living within his means, outsmarting squirrels, never losing a game of competitive sickness, and reading any history book he could get his hands on. He loved to use his oversized “old man” remote control, which thankfully survived Hurricane Katrina, to flip between watching The Barefoot Contessa and anything on The History Channel.
He took extreme pride in his two grandchildren Harper Lewis (8) and William Stamps Lewis (6) of Dallas for whom he would crow like a rooster on their phone calls.
As a former government and sociology professor for Gulf Coast Community College, Harry was thoroughly interested in politics and religion and enjoyed watching politicians act like preachers and preachers act like politicians. He was fond of saying a phrase he coined “I am not running for political office or trying to get married” when he was “speaking the truth.” He also took pride in his service during the Korean conflict, serving the rank of corporal—just like Napolean, as he would say.
Harry took fashion cues from no one. His signature every day look was all his: a plain pocketed T-shirt designed by the fashion house Fruit of the Loom, his black-label elastic waist shorts worn above the navel and sold exclusively at the Sam’s on Highway 49, and a pair of old school Wallabees (who can even remember where he got those?) that were always paired with a grass-stained MSU baseball cap.
Harry traveled extensively. He only stayed in the finest quality AAA-rated campgrounds, his favorite being Indian Creek outside Cherokee, North Carolina. He always spent the extra money to upgrade to a creek view for his tent. Many years later he purchased a used pop-up camper for his family to travel in style, which spoiled his daughters for life.
He despised phonies, his 1969 Volvo (which he also loved), know-it-all Yankees, Southerners who used the words “veranda” and “porte cochere” to put on airs, eating grape leaves, Law and Order (all franchises), cats, and Martha Stewart. In reverse order. He particularly hated Day Light Saving Time, which he referred to as The Devil’s Time. It is not lost on his family that he died the very day that he would have had to spring his clock forward. This can only be viewed as his final protest.
Because of his irrational fear that his family would throw him a golf-themed funeral despite his hatred for the sport, his family will hold a private, family only service free of any type of “theme.” Visitation will be held at Bradford-O’Keefe Funeral Home, 15th Street, Gulfport on Monday, March 11, 2013 from 6-8 p.m.
In lieu of flowers, the family asks that you make a donation to Mississippi Gulf Coast Community College (Jeff Davis Campus) [or call 228-896-3355] for their library. Harry retired as Dean there and was very proud of his friends and the faculty. He taught thousands and thousands of Mississippians during his life. The family would also like to thank the Gulfport Railroad Center dialysis staff who took great care of him and his caretaker Jameka Stribling.
Finally, the family asks that in honor of Harry that you write your Congressman and ask for the repeal of Day Light Saving Time. Harry wanted everyone to get back on the Lord’s Time.
(h/t to loyal follower waterman12053