California’s top prosecutor says 'the law was misapplied' in the case of a Central Valley woman who was charged in her stillborn infant's death.
and authorities alleged her methamphetamine use was to blame.
, arguing that California’s murder law was never intended to be used against women in connection with the deaths of their own unborn children.“It is outrageous that Ms. Becker has been incarcerated since November of 2019 for a nonexistent crime,” said Lynn Paltrow, executive director of the National Advocates for Pregnant Women, which is assisting with Becker’s defense.
“Section 187 of the California Penal Code was intended to protect pregnant women from harm, not charge them with murder,” Becerra said. “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.”Fagundes said he had not seen the brief as of Friday afternoon, because it was served on the Kern County district attorney’s office by mistake.
The filing does not have an immediate impact on whether the prosecution will go forward. But it is a powerful statement of support from the state’s top lawyer as the appeals court weighs whether to dismiss the case.“The attorney general of California is the highest legal officer in the executive branch of the state government,” said Daniel Arshack, special counsel to the National Advocates for Pregnant Women.
Experts have expressed concern that the Superior Court’s interpretation of the homicide statute could change how the law is applied. “It would subject all women who suffer a pregnancy loss to the threat of criminal investigation and possible prosecution for murder,” Becerra wrote in the brief.But Fagundes said the defense and attorney general’s office have politicized the case to distract from the core legal issues.
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