A woman who prosecutors say smoked methamphetamine shortly before giving birth to a stillborn baby will get a new trial. However, the Lee County District Attorney's Office is appealing that decision.

Lee County Circuit Judge Jeffrey Tickal vacated the 2020 conviction of Cherith Shoemaker and ordered a new trial.

Shoemaker was found guilty of chemical endangerment of a child, causing death, after prosecutors presented evidence that there was a "significant quantity" of methamphetamine and amphetamine in the baby's system. Evidence showed Shoemaker gave birth in a bathtub, wrapped the baby boy in a towel and cleaned the scene without calling for medical assistance.

On appeal, the Alabama Court of Criminal Appeals and the Alabama Supreme Court upheld the conviction.

"Our office stands firmly by the investigation and prosecution of this case," Lee County District Attorney Jessica Ventiere said. "We remain committed to seeking justice for this baby and to pursuing accountability through the legal process."

Shoemaker was initially sentenced to 18 years in prison.

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