Bismarck, N.D. (AP) Women's health advocates and other groups are asking the North Dakota Supreme Court to overturn the child endangerment conviction of a McLean County woman whose unborn child died after a drug overdose.

Michelle Behles (BAY'-les) is serving a five-year prison sentence. She pleaded guilty in February to drug charges and entered a conditional plea to child endangerment, meaning she reserves her right to appeal that charge.

Lawyers for the 33-year-old Behles, who also is known as Michelle Geiser (GY'-sur), contend in the appeal that an unborn child is not legally a child under the state's child endangerment law.

South Central District Judge Thomas Schneider ruled earlier that North Dakota courts have recognized viable, unborn children to be human beings in wrongful death cases.

Court documents say a doctor in September 2007 found Behles had taken toxic levels of drugs and said her child, which was more than 29 weeks along, did not survive the overdose.

The case is to be argued before the North Dakota Supreme Court on December 4th.

Groups that have filed a brief urging dismissal of the charges include psychiatric, addiction treatment, nurses and women's groups, organized by National Advocates for Pregnant Women.

Information from: Bismarck Tribune, http://www.bismarcktribune.com (Copyright 2008 by The Associated Press. All Rights Reserved.) APNP 11-19-08 0953CST | save this article / add to your favorites list