A McLean County woman serving prison time for the drug overdose death of her unborn child now faces charges in Burleigh County for acquiring controlled substances by deception.

Michelle Behles was charged May 7 with two Class C felony counts of acquiring a controlled substance by deception. Each count carries a maximum penalty of five years in prison and fines of up to $5,000.

Behles made her first court appearance on the charges on Tuesday. She appeared via teleconference from the women's prison in New England, and South Central District Judge David Reich explained the charges against her from the Burleigh County Courthouse.

The Garrison Ambulance Service was called to a Garrison home on Sept. 24 for a report of an unresponsive female. Ambulance personnel found pill bottles near Behles, who was semiconscious. The bottles were for hydrocodone, locet and cyclobenazeprine. Behles used fake names to acquire the drugs from McLean County pharmacies.

An ultrasound performed at Medcenter One in September showed the baby Behles was carrying had no heartbeat. Documents said a doctor at Medcenter One found that Behles had toxic levels of several drugs in her system, and the baby, which was more than 29 weeks along, did not survive the overdose. Doctors believed the baby could have lived outside the womb.

Behles was charged in October 2007 in McLean County with crimes related to the incident.

On April 28, South Central District Judge Tom Schneider sentenced Behles to 10 years in prison with five years suspended for endangerment of a child or vulnerable adult for the death of her unborn child.

He also sentenced her to concurrent sentences of five years in prison for possession of a controlled substance; one year in prison for ingesting a controlled substance; five years in prison for each of two counts of acquiring a controlled substance by deception; and a five-year suspended sentence for another count of acquiring a controlled substance by deception. She will be on supervised probation for five years following her release.

Schneider ordered Behles to undergo drug treatment and cognitive restructuring programs while in custody and to pay $1,175 in court fees.

The new charges against Behles stem from the same time frame as the McLean County charges on which she was already sentenced, Burleigh County Assistant State's Attorney Cynthia Feland said.

According to the charges, Behles is accused of acquiring hydrocodone and clarisoprodol in Burleigh County during September 2007.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael.)@bismarcktribune.com