Charge of assault on unborn child tossed in heroin overdose

A Western Pennsylvania judge has tossed out a felony assault charge against a woman who overdosed on heroin while pregnant and ruled that state law clearly protects pregnant women from such charges.

Kasey Dischman, 31, was facing the charge of aggravated assault against an unborn child after she overdosed while seven months pregnant in June, forcing an emergency cesarean section, but Butler County Common Pleas Judge William Shaffer on Thursday tossed out that count.

"The defendant is alleged to have done a senseless, selfish, and heinous act that, allegedly, resulted in devastating and permanent injuries to her unborn child," Butler wrote in his four-page opinion.

"This court is nonetheless constrained by the clear, plain, and unambiguous language of [the law]."

The controversial case attracted statewide attention because state law says pregnant women can't be charged with aggravated assault against their own unborn children.

Shaffer also held for court three lesser charges against Dischman - endangering the welfare of children, corruption of minors, and possession of drug paraphernalia. Dischman remains in the Butler County Prison on a $500,000 bond.

Her attorney, public defender Joseph Smith, said Friday that Shaffer's decision was appropriate.

"It is important for pregnant women to know that they will not be punished for seeking medical attention and are protected under Pennsylvania law," he said.

Assistant District Attorney Laura Pitchford, who prosecuted the case, did not immediately return a request for comment.

In court, she previously argued that the charge was necessary to achieve justice for Dischman's infant and said that lawmakers couldn't have anticipated the sweeping effects of the heroin epidemic when they put the law in place a decade ago.