Mother Agrees to Sterilization

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B]Mother Agrees to Sterilization[/B]
Provided By: The Associated Press
Last Modified: 2/10/2005 12:17:25 PM

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ATLANTA (AP) -- A Georgia judge has taken the unusual step of ordering a mother of seven who pleaded guilty to killing her 5-week-old daughter to have a medical procedure that would prevent her from having more children.

Carisa Ashe was charged with murder and faced life in prison if convicted. After two days of trial, Ashe, 34, admitted to voluntary manslaughter.

As a condition of her sentence, she has 90 days to get a tubal ligation or prosecutors can reinstate the murder charge, Fulton County Superior Court Judge Rowland Barnes said in an order issued Tuesday.

According to prosecutors, Destiny Ashe had been shaken and hit so badly her brain swelled and hemorrhaged. She died Dec. 16, 1998.

The mother’s remaining children—ranging in age from 1 to 16 -- are with relatives or in foster care, District Attorney Paul Howard said in an interview Wednesday.

“We just looked at the circumstances and said there’s got to be an end to this,” Howard said. “She’s still at an age where she could continue to have children. We thought this might be the right thing to do.”

Attorney Shannon Weathers, who represents Ashe, did not immediately return a telephone call seeking comment.

A tubal ligation is a surgical sterilization technique for women in which the fallopian tubes are closed or tied. The procedure is considered highly effective in preventing pregnancy.

Medicaid is covering the cost of the operation, Howard said. It is unclear whether Ashe will be able to regain custody of her other children.

“There’s a chance that if she corrects herself, she might be able to get her children back,” Howard said, adding that the court is leaving the decision to the Division of Family and Children Services.

Such a sentence has never been imposed in Fulton County, and will be considered in the future on a case-by-case basis, Howard said.

Though extreme, such a sentence is not unheard of elsewhere in the country.

A similar sentence was imposed in November for an Arcadia, La., woman whose daughter’s decomposed body was discovered inside a trash bag. Brenda Shaffer pleaded guilty to negligent homicide and agreed to undergo the same procedure.

A Kentucky family court judge has also offered tubal ligation in exchange for jail time since 1993 to several women with multiple children who fell behind on child-support payments. For men, the same judge has ordered a choice between a vasectomy and jail time.


Source: http://www.11alive.com/news/news_article.aspx?storyid=58755
 
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