Dischman's case argued, but no decision made
A new preliminary hearing was held in Butler County Court on Tuesday for a mother charged with overdosing while seven months pregnant.
The hearing was held before county Judge William Shaffer on additional charges filed against Kasey R. Dischman, 30, who was initially charged with felony aggravated assault of an unborn child following her alleged June 23 overdose, which resulted in her baby being prematurely delivered.
Those additional charges included misdemeanor endangering the welfare of children, corruption of minors and possession of a controlled substance — based on evidence that Dischman's 8-year-old daughter was also present in the house at the time of the overdose, and that a hypodermic needle was found there.
The proceeding also included argument on a refiled Habeas Corpus motion, which was previously denied without prejudice by Shaffer, arguing that the felony charge should be dismissed because the criminal statute under which Dischman is charged — the Crimes Against the Unborn Child Act — contains language that expressly exempts pregnant women from prosecution for harming their own unborn children.
Shaffer took the arguments under advisement, and will issue a written order later.
A full report will be in Wednesday's Butler Eagle.
