In 4 November 2019, TV stations across California
blasted Chelsea Becker’s photo on their news editions. The “search was on” for a “troubled” 25-year-old woman wanted for the “murder of her unborn baby”, news anchors
said, warning viewers not to approach if they spotted her but to call the authorities. The next day, Becker was asleep at the home she was staying in when officers with the Hanford police department arrived.
“The officer had a large automatic weapon pointed at me and a K-9 [dog],” Becker, now 28, recalled in a recent interview. “I walked out and surrendered.”
Two months before, Becker had had a stillbirth at a
California hospital, losing a baby boy at eight months pregnant. The Kings county prosecutor in the central valley charged her with “murder of a human fetus”, alleging she had acted with “malice” because she had been struggling with drug addiction and the hospital reported meth in her system.
Becker’s attorneys argued there was no evidence that substance use caused the stillbirth and California law did not allow for this type of prosecution in the first place. Still, she spent 16 months in jail awaiting trial before a judge dismissed the charges.
Becker’s nightmare offers a preview of the kinds of
criminal cases that could become commonplace in the US if the supreme court, as expected after the leak of a draft opinion last month, officially
overturns Roe v Wade. In the states that outlaw abortion, advocates warn, pregnancy losses more broadly will be treated as
potential crimes, including in cases of wanted pregnancies. Even with Roe in effect, women have repeatedly faced arrest and charges for their pregnancy outcomes.
“These prosecutions will escalate at an extremely rapid clip if Roe is reversed,” said Emma Roth, staff attorney with the National Advocates for Pregnant Women (NAPW), a non-profit group that supported Becker in her legal battle. “A lot of people don’t realize that pregnant people are already facing criminalization all across the country, including in blue states like California. All it takes is a rogue district attorney.”
Becker had struggled with addiction and at the time of her stillbirth was also battling homelessness, occasionally forced to sleep on a motel stairwell. On 9 September 2019, she had been preparing for the birth of her fourth child, a baby boy whom she had already named, when her family had to call an ambulance to rush her to the hospital. She was uncontrollably bleeding when she arrived at the Adventist Health Hanford hospital, a faith-based organization, and roughly two hours later lost the child.
She briefly held her baby, she said, and wondered whether he could have survived if the hospital had done an emergency C-section. She also wondered why she received blood transfusions only hours after she had arrived in distress. The next morning, she said, she discovered that the hospital had left her baby on a table at the other end of the room for hours on end. She also learned that hospital staff had called the police.
Police records show that hospital staff reported the stillbirth as “suspicious” to police and found Becker tested positive for meth, though her attorneys say she never consented to a drug test. Later, Becker agreed to meet police at her mother’s house where an officer interrogated her about her drug use. The police recommended she be prosecuted for murder, and weeks later, took her to jail.
Becker awaited trial in jail while struggling to process her grief. Behind bars, she was unable to receive proper counseling, she said in a recent statement to lawmakers: “I was afraid anything I might have said to any of them would be used against me in court, so I suffered alone.”
While in jail, she lost custody of her son, who was adopted. Her two other children were already in the custody of a relative. Becker was prosecuted under Section 187 of the California penal code, which defines murder as “the unlawful killing of a human being, or a fetus, with malice aforethought”. Lawmakers added “fetus” to the statute in 1970 in response to the case of a man who had attacked a pregnant woman, causing a stillbirth.
Becker was prosecuted by the Kings county district attorney, Keith Fagundes, the only prosecutor in California who has filed charges for a stillbirth in the last three decades. The year before, Fagundes had also filed a murder case against Adora Perez, after she delivered a stillborn baby at the same hospital in Hanford and police also alleged that meth use had caused the loss. The law does not apply to an act “consented to by the mother of the fetus”, and the primary author of the legislation, a Republican lawmaker, later
testified that the mention of fetus was solely intended for prosecuting “a third party’s willful assault on a pregnant woman”.
But Fagundes, and the police officials who investigated Perez and Becker, have used it to argue that women, in some cases, should be jailed.
Becker’s lawyers argued that she could not legally be prosecuted under Section 187. They also noted that at the time of the stillbirth, Becker had three separate reproductive infections, all of which can cause stillbirth. The pathologist who concluded Becker’s stillbirth was due to “acute methamphetamine toxicity” admitted in court that he was not aware of the infections when he conducted the autopsy and had not reviewed her medical records before his determination.
A judge dismissed the case in May 2021. Adora Perez, the other woman prosecuted by Fagundes, spent four years behind bars before her case was
dismissed earlier this year.
She was jailed for losing a pregnancy. Her nightmare could become more common | US justice system | The Guardian