Jail Sentence Must Wait for Baby’s Birth : Justice: Judge reverses self, rules that woman can deliver child before detention begins.

In a quick reversal of his previous ruling, a Vista Superior Court judge Friday ordered that a pregnant North County woman could deliver her baby before beginning a yearlong jail sentence on a drunk driving-related offense in which two people were injured.

The about-face came after the defense attorney for 30-year-old Laura Heymer presented the court with a letter from the woman’s doctor expressing concerns that her incarceration could affect the health of the unborn baby.

“It’s a wonderful feeling to know that I’ll have these extra few days with my baby,” Heymer said after her release Friday from the County Jail at Las Colinas. “It was a fair decision. I have no problem doing my time. I just didn’t think that my child should have to do it with me.”

Both Heymer’s husband and her lawyer hailed the decision as a matter of common sense, saying that no unborn child should be punished for a crime committed by its mother.

“Now,” said Deputy Public Defender John Jiminez, “this woman won’t have to bang on that iron door to let them know she’s in labor.”

Although he agreed with the judge’s newest order, the prosecutor in the case said the decision should not be seen as any victory for Heymer--and that other would-be felons should think twice about the effects on their family and loved ones before they commit a crime.

On Monday, Judge Ronald S. Prager had ordered Heymer to begin serving her sentence the following day--after arranging for the care of her two children, ages 4 and 8. In August, Heymer pleaded guilty to felony drunk driving and causing an injury.

The new ruling allowed the Vista woman to be released from custody and be placed under house arrest until the delivery of her newest child--whose due date is Sunday.

Judge Prager directed court personnel to investigate the possibility of Heymer being fitted with an electronic surveilance device and ordered that she refrain from driving or drinking alcohol during that time.

He also warned that Heymer could be subjected to drug and alcohol tests at any time. He ordered her to return to court later this month, at which time he will set a date for her to begin her jail sentence.

Prager told the court that he still believes his original ruling was fair, but that new evidence presented to the court Friday--a letter from Heymer’s prenatal doctor recommending against sending her to jail immediately--persuaded him to change his mind.

“I feel that her incarceration is a possible danger to her delivery of a healthy baby,” Dr. Robert Trifunovic, the woman’s obstetrician-gynecologist, said in a letter quoted by the judge. “The inability to follow through with proper care could put an innocent infant at risk for a healthy development.”

Prager said Heymer is to blame for the situation.

“The defendant has two failures-to-appear with this court that delayed proceedings in this case six months or more,” he said. “Had it not been for that, this birth would have never become an issue.

“She’s the one who got herself into this situation, drinking to excess and causing the injury to two other people. She left the scene of an accident. This defendant must and will be punished.”

The victims in the drunk-driving case said Friday that they want justice from the mother, not the child.

Tara Julien, 28, was injured along with her 24-year-old husband, BubaDavid Lytch, on Aug. 16, 1990, when Heymer’s car struck their vehicle after Heymer--who had been drinking wine and schnapps at a nearby Oceanside restaurant--ran a red light.

Julien, who works in the office of a North County obstetrician-gynecologist, said that she still suffers leg problems related to the crash and that her husband has facial scars. Both were knocked unconscious in the crash.

“I agree that the child should not be put into jeopardy. I mean, the baby didn’t do anything to us,” she said. “I work for an OB-gyn, and I know that stress from something like being in jail can cause problems for a baby’s delivery.

“But this woman should pay for what she did. Once she has that baby, she should go right to jail.”

Officials from Las Colinas--a facility that houses only women prisoners--have said that, among the 430 or so women at the facility, 30 are pregnant on any given day. On the average, one prisoner a week goes into labor, they estimate, adding that virtually all of them arrive at the hospital in time for delivery.

Within minutes after her release from custody, Heymer said she could feel the difference with her baby.

“I can feel a big difference with my pregnancy already,” she said. “In jail, the baby was tight, in a hard ball, like it was scared all the time. As soon as I walked out the door, I could feel it start to spread and relax.”