5 Years After Giving Birth, a Mississippi Mother Was Arrested for a Felony Based on a Postnatal Drug Test
Since June 27, 2022 (three days after the Supreme Court overturned Roe v. Wade), Mississippi has prohibited nearly all abortions. According to the 2007 bill that resulted in that ban, “every human being, including those in utero, possesses a natural intrinsic right to live.” It is therefore hard to understand why Brandy Moore, a mother of four who lives in Leake County, Mississippi, was recently arrested for a felony because she decided not to have an abortion back in 2019, when the procedure was still legal in her state.
The explanation for that puzzling situation lies at the confluence between the war on drugs and a child protection system that often breaks up families without solid evidence of neglect or abuse. In this case, that dangerous combination was compounded by a local prosecutor, District Attorney Steven Kilgore, who for years deployed patently frivolous criminal charges in an attempt to get drug-using mothers the help he thought they needed, whether they wanted it or not.
Moore’s legal ordeal, which stemmed from surreptitious drug tests at the hospital where she gave birth to her daughter Remi in 2019, is detailed in a Mississippi Today story, produced in collaboration with The Marshall Project, that shows her situation is far from unique. Across Mississippi and across the country, postnatal drug tests can trigger grueling investigations by state-appointed social workers, separation of mothers from their newborn children, and even criminal charges. These interventions are all based on the faulty presumption that women who use illegal drugs during pregnancy—or are mistakenly suspected of doing so based on erroneous test results—are manifestly unfit parents.
Moore’s experience is nevertheless striking in several ways. She stopped using methamphetamine around the middle of her pregnancy after a religious epiphany inspired her to reject abortion and turn her life around. For reasons that remain unclear, she was secretly indicted in 2020 but was not arrested until last May, at which point Remi was 4. And most remarkable of all, Kilgore, who seems to have previously overlooked the human consequences of treating mothers as criminals based on hospital drug tests, had an awakening of his own as a result of Mississippi Today‘s investigation.
“I’ve reevaluated our stance on the topic and have decided not to handle these cases anymore,” Kilgore told Mississippi Today reporter Anna Wolfe after learning how his decisions had harmed Moore and other women, several of whom received stiff prison sentences because they failed to fully comply with the 8th Judicial District’s drug court program. “It was eye-opening to learn of the fate of these women. I believe we can all do better.”
As Kilgore tells it, he never thought these women belonged in prison. He just wanted to scare them straight. Toward that end, he charged them with “aggravated domestic violence,” a felony punishable by up to 20 years behind bars.
Under Mississippi law, “a person is guilty of aggravated domestic violence” when he “attempts to cause serious bodily injury to another, or causes such an injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.” Contrary to the way Kilgore read that statute, simply using an illegal drug during pregnancy does not meet the elements of that offense.
Moore, for example, says she
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