I have taken on the topic of criminalizing reproduction - a natural topic for a Blog concerned with flawed science in its myriad forms and its flawed devotees (like Charles Smith), as I am utterly opposed to the current movement in the United States and some other countries - thankfully not Canada any more - towards imprisoning women and their physicians on the basis of sham science, religion, politics or ideology. Control over their reproductive lives is far too important to women in America or anywhere else so they can participate equally in the economic and social life of their nations without fear for loss their freedom at the hands of political opportunists and fanatics. I will continue to follow relevant cases such as Purvi Patel and Bei Bei Shuai - and the mounting wave of legislative attacks aimed at chipping away at Roe V. Wade and ultimately dismantling it.
----------------------------------------------------------
QUOTE OF THE DAY: "The Legislature’s purpose in adding the killing of a fetus to Penal Code section 187 was not to punish women who do not—or cannot, because of addiction or resources—follow best practices for prenatal health,” Becerra wrote. “The courts should not assume that the Legislature intended such a sweeping and invasive change to the criminal law affecting women’s lives without clear evidence of that intent. And such evidence is absent here.”
------------------------------------------------------
PASSAGE OF THE DAY: "In the decades since 1970, California prosecutors have tried to charge women for stillbirths, but none has secured a conviction until 2018, when another woman was arrested for the same crime in the same town of Hanford. Like Becker, Adora Perez was in her late 20s and addicted to methamphetamine when she gave birth to a stillborn baby at Adventist Health. Also like Becker, hospital employees alerted the Medical Examiner’s Office when the fetus tested positive for the drug, according to reports in The Fresno Bee. Fagundes charged her with murder. Perez, however, took a plea deal. Now 32, she is serving an 11-year sentence in state prison for voluntary manslaughter—the first time in decades that a charge of this kind ended in jail time. The unprecedented charges against Becker and Perez have alarmed pregnancy advocates, medical professionals, drug policy organizations, and civil rights groups across the country."
-----------------------------------------------------
-----------------------------------------------------
STORY: "She was charged with murder after her baby was stillborn. Now California's AG has stepped in. A dangerous precedent," by reporter Tarpley Hill, published by The Daily Beast on August 8, 2020. (Tarpley Hitt is a Los Angeles-based reporter at The Daily Beast, covering internet culture, entertainment, and courts.)
GIST: "For more than nine months, five of them during a global pandemic, a 26-year-old woman named Chelsea Becker has been sitting in Kings County Jail, under a $2 million bail, for giving birth to a stillborn baby.
GIST: "For more than nine months, five of them during a global pandemic, a 26-year-old woman named Chelsea Becker has been sitting in Kings County Jail, under a $2 million bail, for giving birth to a stillborn baby.
Becker has been there since November, when police arrested her and prosecutors charged her with murder. The District Attorney argued that Becker’s methamphetamine addiction had caused the stillbirth, citing a 50-year-old law that civil rights advocates say was never supposed to apply to pregnant women. It has put Becker at the heart of a national debate over criminalizing fetal death.
On Friday, however, California’s Attorney General Xavier Becerra intervened. In an amicus brief to end the case against Becker, Becerra argued the prosecution’s legal interpretation would lead to “absurd—and constitutionally questionable—results.”
“We believe the law was misapplied and misinterpreted,” Becerra said in a statement about the brief. “Our laws in California do not convict women who suffer the loss of their pregnancy, and in our filing today we are making clear that this law has been misused to the detriment of women, children, and families.”
Back in September, Becker, then 25, was eight and a half months pregnant when she thought her water broke, only to discover it was blood. Becker’s mother called an ambulance to her home in the San Joaquin Valley, according to The Los Angeles Times. Three hours later, Becker gave birth in Adventist Health Hanford hospital to a boy with no pulse, whom she had planned to name Zachariah.
Suspicious that the fetus suffered from drug exposure, hospital employees alerted the Kings County Medical Examiner’s Office, which conducted an autopsy. The exam found methamphetamine in the fetus’ system, a Times report states, that amounted to more than five times the level thought to be toxic. They ruled the case a homicide.
Becker had grown up in Hanford, a working class town in Kings County, that serves as a trading hub in the agrarian San Joaquin Valley. The nearly half Hispanic town recently made headlines when 183 meatpacking workers came down with COVID-19. According to the Census Bureau, 18 percent of residents live below the poverty line. Before the pandemic, county unemployment levels hovered at 7.9 percent—they have since soared to 14.6 percent.
Becker told the Times that as a teen, she spent some time living with her father in Minnesota, where she became addicted to methamphetamine. She came home to Hanford at 19, where she had two other children, both of whom were removed from her care.
In early November, prosecutors charged Becker with murder, holding the mother on a $5 million bail, later reduced to $2 million. Their case hinged on an amendment, passed in 1970, to the state’s murder statute: Penal Code section 187. Earlier that year, the California Supreme Court had overturned the murder conviction of man who had assaulted his pregnant wife, causing the death of their fetus. The code, the court had concluded, only addressed the killing of “a human being,” making the man ineligible for a murder charge. In response, the legislature amended the statute to include the “unlawful killing” of a “fetus.” That was the language prosecutors seized on to charge Becker with murder.
“The conduct of the defendant resulted in the death of a fetus, which is a crime in California,” said District Attorney Keith Fagundes told The Los Angeles Times. He did not respond to The Daily Beast’s request for comment on Saturday.
At her arraignment, Becker pleaded not guilty, and later filed a motion calling the code’s application to a pregnant woman unconstitutional. The amendment had been made to protect victims of domestic violence, Becker’s lawyers argued, not criminalize women who miscarried, had stillbirths, or sought abortions. “Penal Code 187(b)(3) by its own plain terms,” they wrote, “precludes the prosecution of a woman for the consensual acts in which she may engage while pregnant.”
Becker’s attorney, Roger Nuttall, and Becerra did not immediately return requests for comment.
“Ms. Becker had experienced a stillbirth that the prosecutor claims (without scientific basis) was caused by her methamphetamine use during pregnancy,” the National Advocates for Pregnant Women wrote in a statement on Becker’s case. “Ms. Becker was charged with this crime despite the fact that §187 does not authorize, nor has it ever been interpreted to authorize prosecution of a woman in relation to her own pregnancy or any outcome of a pregnancy.”
In the decades since 1970, California prosecutors have tried to charge women for stillbirths, but none has secured a conviction until 2018, when another woman was arrested for the same crime in the same town of Hanford.
Like Becker, Adora Perez was in her late 20s and addicted to methamphetamine when she gave birth to a stillborn baby at Adventist Health. Also like Becker, hospital employees alerted the Medical Examiner’s Office when the fetus tested positive for the drug, according to reports in The Fresno Bee.
Fagundes charged her with murder. Perez, however, took a plea deal. Now 32, she is serving an 11-year sentence in state prison for voluntary manslaughter—the first time in decades that a charge of this kind ended in jail time.
The unprecedented charges against Becker and Perez have alarmed pregnancy advocates, medical professionals, drug policy organizations, and civil rights groups across the country. In April, the American Civil Liberties Union filed an amicus brief in support of Becker. The same day, a coalition of 15 organizations, from the Drug Policy Alliance to California Latinas for Reproductive Justice, filed another.
“Broadly accepted medical, public health, and scientific evidence supports the Legislature’s drafting of the statute to avoid criminalizing women with respect to their pregnancies,” the coalition wrote. “Pregnancy and use of controlled substances is a medical and public health issue, not an issue that should be subject to state intervention and control.”
Attempts to criminalize pregnant women who suffer from addiction have backfired in the past. In 2014, Tennessee passed a wildly controversial bill, attempting to target what they called “fetal assault.” The bill allowed prosecutors to bring charges against women with drug addictions, if their fetuses were born still or disabled. It proved so polarizing that it was given a two-year trial phase and then, in 2016, deemed a failure and discontinued. “As a result of the law,” the National Advocates for Pregnant Women wrote in a statement, “women steered clear of prenatal care and drug treatment and avoided delivering their babies in hospital settings.”
Nevertheless in June, the superior court denied Becker’s motion to have the case declared unconstitutional. The next month, she filed a writ of prohibition––a motion to stop the court proceedings––arguing that “a woman cannot be prosecuted for murder as a result of her own omissions or actions that might result in pregnancy loss.” In his amicus brief on her case, Becerra agreed: “The superior court erred in concluding otherwise.”
“The Legislature’s purpose in adding the killing of a fetus to Penal Code section 187 was not to punish women who do not—or cannot, because of addiction or resources—follow best practices for prenatal health,” Becerra wrote. “The courts should not assume that the Legislature intended such a sweeping and invasive change to the criminal law affecting women’s lives without clear evidence of that intent. And such evidence is absent here.”
The entire story can be read at:
https://www.thedailybeast.com/chelsea-becker-was-charged-with-murder-after-her-baby-was-stillborn-californias-ag-has-now-stepped-in
--------------------------------------------------------------------
Read MS Magazine Story: "Policing and punishing pregnant women: The Case of Chelsea Becker" by Carrie N. Baker, at the link below:
PASSAGE OF THE DAY: "Becker is represented by the National Advocates for Pregnant Women (NAPW), with the support of national and state medical, public health and policy organizations, who have filed an amicus brief arguing for Becker’s release. The groups include the American College of Obstetricians and Gynecologists (ACOG), the California Coalition for Women Prisoners, California Latinas for Reproductive Justice, National Women’s Health Network, and Our Bodies Ourselves. They argue that substance use disorders are medical conditions, not criminal behavior. “The unequivocal consensus among virtually every other medical or public health organization in the United States is that use of controlled substances by a woman during the course of her pregnancy is a medical and public health issue, not an issue that should be subject to state intervention and control,” says the brief. The threat of criminal prosecution in fact endangers maternal and fetal health, they argue, by deterring women from obtaining treatment and prenatal care. Diaz-Tello agrees. “If people are afraid that when they seek medical help that they are going to be turned over to law enforcement, that’s going to deter people from seeking that help,” Diaz-Tello told Ms.""
PASSAGE TWO OF THE DAY:
"Becker is one of hundreds of women who have been arrested and prosecuted nationwide after experiencing miscarriages or stillbirths on a range of charges, including fetal assault, child abuse and chemical endangerment. Last year, Alabama prosecutors charged Marshae Jones with manslaughter after someone shot her in the stomach while pregnant. NAPW founder and president Lynn M. Paltrow has documented 413 such arrests in 44 states and the District of Columbia between 1972 and 2005—84 percent of which involved drug use. She estimates that another 900 arrests have happened since then, although few cases result in successful prosecution because it is difficult to prove what causes a miscarriage or still birth."
https://msmagazine.com/2020/08/10/policing-and-punishing-pregnant-women-the-case-of-chelsea-becker/
---------------------------------------------------------------------
https://msmagazine.com/2020/08/10/policing-and-punishing-pregnant-women-the-case-of-chelsea-becker/
---------------------------------------------------------------------
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
-----------------------------------------------------------------
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
------------------------------------------------------------------
