An Alabama judge has vacated the conviction of a woman sentenced to 18 years in prison after she had a stillbirth, with her attorneys arguing there is no proof it was caused by her methamphetamine use.
Cherith Brooke Shoemaker had the stillbirth at home in 2017 when she was about 24 to 26 weeks pregnant and was taken to a hospital by paramedics, where she admitted she used methamphetamine during the pregnancy, according to the advocacy group Pregnancy Justice, which is representing Shoemaker in court. Shoemaker was charged and later convicted of chemical endangerment of a minor resulting in death and has served five years of her 18-year sentence, the organization said.
Last week, a judge set aside her conviction, Pregnancy Justice announced on Dec. 29. The decision came after Pregnancy Justice said it presented new evidence that the stillbirth was caused by an infection rather than by drug use. Prosecutors have already appealed the decision, Pregnancy Justice said. The decision means Shoemaker may receive a new trial.
"After years of fighting, I’m thankful that I’m finally being heard, and I pray that my next Christmas will be at home with my children and parents," Shoemaker said in a statement through Pregnancy Justice. "I’m hopeful that my new trial will end with me being freed, because I simply lost my pregnancy at home because of an infection. I loved and wanted my baby, and I never deserved this."
