World

Pregnant Florida woman to remain in jail even as foetus innocent: court

Judge rules murder suspect using unborn child as leverage for release

Updated 3 years ago · Published on 01 Mar 2023 11:30AM

Pregnant Florida woman to remain in jail even as foetus innocent: court
A Florida court has said there is no legal basis to a petition filed by a pregnant murder suspect who sought release from prison on the grounds her unborn child was innocent of the charges and therefore being held unlawfully (pic for illustration purposes only). – Pixabay pic, March 1, 2023

MIAMI – A Florida court has denied the petition of a pregnant murder suspect who sought release from prison on the grounds her unborn child was innocent of the charges and therefore being held unlawfully.

In a ruling obtained by AFP today, Florida’s Third District Court of Appeal dismissed without prejudice the petition filed on behalf of Natalia Harrell’s foetus, saying there were still questions that needed to be addressed in a lower court but issuing no ruling on whether the case had legal merit.

The court said in its decision Friday it was impossible to “properly resolve whether the unborn child has the standing to file the petition before us given the inadequate record in this matter.”

Harrell, 24, has been in jail for some seven months and faces a murder charge after fatally shooting another woman while they were taking an Uber in Miami last July.

Harrell was about six-weeks pregnant at the time of her arrest.

She pleaded not guilty, arguing she acted in self-defence.

The foetus “has not committed any crime” yet remains incarcerated in “deplorable conditions” and unless granted relief will be “likely brought into this world on the concrete floor of the prison cell,” Harrell's petition says.

Judge Monica Gordo agreed with the court’s decision to dismiss the petition, but argued in a dissenting opinion that the case itself had no legal basis.

“The argument is nothing more than an attempt for the mother to leverage her unborn child as a basis to be released from lawful detention,” Gordo wrote.

“No more could the government be accused of unlawfully detaining the unborn child in this case than could the mother be guilty of kidnapping over interstate lines if she chose to visit her grandmother in Georgia while eight-months pregnant,” the judge added.

Last June, a pregnant woman in Texas who was ticketed for driving in a high-occupancy carpool lane argued that her unborn child should be counted as a second passenger. Her ticket was dismissed.

That case made international news because it came just five days after the US Supreme Court overturned the right to abortion enshrined in Roe v Wade, leaving the decision up to each state to regulate. – AFP, March 1, 2023

Related News

World / 20h

Leader of a deviant sect sentenced to 200 years in prison for killing 190 children

Malaysia / 1w

Rayer questions decision to probe custodial death under Section 331 instead of murder

Malaysia / 2w

After 17 years on the run, murder suspect in Penampang case arrested

Malaysia / 3w

Customs officer found dead in quarters; Husband surrenders to police

Malaysia / 3w

Classmate charged with murder of Irene Sofiya

Malaysia / 3w

19-year-old charged with murdering student in Kuantan

Spotlight

Malaysia

PLUS highway congested since midnight ahead of Deepavali

Malaysia

AGC: Najib's house arrest should be suspended pending legal review

Malaysia

Anwar becomes a Tamil movie hero for Deepavali (video)

Malaysia

Anthony Loke’s resignation takes effect when Najib arrives home

By Alfian Z.M. Tahir

Malaysia

Tony Pua urges BNM, MACC to audit RM50 million fund used to pay Najib’s fine

Malaysia

Prepare a 72-hour food supply; avoid panic buying – FOMCA

Malaysia

Anwar hopes US election outcome will ease global tensions, hostility towards Islam and Iran

Malaysia

Najib leaves Kajang Prison after High Court issues house arrest order

You may be interested

World

Iran reports six vessels ablaze in separate Strait of Hormuz incidents

World

Death toll from Russian strike on Ukraine aid distribution point rises to 53

World

Trump says Washington 'doing very well' with Tehran as nuclear talks continue

World

Iran warns countries aiding US military action will become 'legitimate targets'

World

US sanctions 45 entities linked to Cambodia cybercrime syndicate

World

Leader of a deviant sect sentenced to 200 years in prison for killing 190 children

World

Nearly 90 million displaced people exposed to climate risks, UNHCR warns