A South Carolina woman who was sentenced to 12 years for homicide by child abuse by continuing to smoke crack cocaine throughout her pregnancy, is seeking a new trial because her attorney did not challenge the medical link between cocaine use and stillbirths and did not rule out other possible explanations for the child's death.

Attorneys from the American Civil Liberties Union of South Carolina Foundation argued before Horry County Circuit Judge Hicks Harwell that Regina McKnight was denied a fair trial in 2001. McKnight's conviction has already been upheld by the South Carolina and U.S. Supreme Courts in previous appeals.

McKnight gave birth to a stillborn, 5-pound girl May 15, 1999 and later was charged with homicide by child abuse. A Conway, SC jury deliberated less than 15 minutes before returning a guilty verdict against McKnight, 24, who at the time had two other children and was two-months pregnant again.

Deputy 15th Circuit Solicitor Bert vonHerrmann said McKnight's post-conviction appeal Tuesday was standard procedure and "jurors at McKnight's trial made their decision based on the correct facts."

Background Information:

Crack Mom Found Guilty of Homicide
In a case that could have far-reaching implications, a South Carolina woman was found guilty of homicide for killing her unborn child by smoking crack cocaine while pregnant.

Court Lets Stand 'Crack Mom' Conviction
The U.S. Supreme Court has let stand the homicide conviction of a South Carolina woman who was found guilty of killing her unborn child by continuing to smoke crack cocaine while she was pregnant.