Mother in Caesarean case gets probation

Published: Thursday, April 29 2004 12:46 p.m. MDT

Melissa Ann Rowland, the woman originally accused of murdering one of her twins by failing to undergo a timely Caesarean section, was sentenced Thursday to 18 months of probation for lesser counts of child endangerment.

"I think Miss Rowland has been one of those individuals who have fallen through the cracks her entire life," said 3rd District Judge Dennis Fuchs, before ordering Rowland into a drug treatment program in Indiana. "I think it's a travesty that we can't adequately deal with individuals like Miss Rowland."

Rowland, 28, drew national headlines in March when she was charged with murder for exhibiting "depraved indifference" in allegedly ignoring doctors' repeated warnings to undergo surgery to save her twin babies' lives.

Earlier this month, prosecutors dropped a murder charge and Rowland pleaded guilty to two third-degree felony counts of child endangerment. She admitted using cocaine in the weeks before she finally underwent the C-section in January that produced a stillborn boy.

The second child, a girl who survived and was adopted, was found with cocaine and alcohol in her system. Rowland's drug use while pregnant was the basis for the child endangerment charges.

Rowland's attorney, Michael Sikora, detailed for the court his client's mental health history, dating from age 12 when she was institutionalized in Pennsylvania. Born to a mentally retarded mother, Rowland at an early age "began manifesting a lot of the behavior and emotional problems she manifested in this case," Sikora said.

Rowland's self-destructive behavior has continued to adulthood, Sikora said, adding Rowland has attempted suicide in jail.

Fuchs deferred to sentencing recommendations by the prosecution and defense in waiving prison time for Rowland. He ordered that she undergo an outpatient mental health and substance abuse program, a parenting skills class and perform 100 hours of community service. Should Rowland fail to check into the Indiana drug treatment program, Fuchs said, he would issue a warrant for her arrest.

Fuchs denied a request by the prosecution that Rowland be barred from contacting the surviving twin, who was adopted shortly after birth.

Rowland smiled as she left the courtroom in handcuffs, just after Fuchs delivered his parting words: "If you should decide to have children again, you should do it properly and under good, strict medical care."

Outside the courtroom, Sikora said the sentencing was appropriate.

"It got her what she most wanted, which was to get out of jail," he said.

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