The California Supreme Court this week refused to intervene in the lawsuit against a drug user mother who faces murder charges after her baby was born dead.
Wednesday’s decision was also a setback for state attorney general Xavier Becerra, who was recently named the choice of President-elect Joe Biden to head the United States Department of Health and Human Services.
Becerra, an advocate for women’s reproductive rights, had written to the court’s judges, arguing against her mother’s murder charge. He said that fear of prosecution could prevent many pregnant women from seeking addiction services.
He added that the case could lead police authorities to bring a greater degree of scrutiny to cases of miscarriage or stillbirth.
Becerra’s office usually represents county prosecutors when their cases are appealed, the Associated Press reported.
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Authorities say the mother in the case, Chelsea Becker, 26, from Hanford, south of Fresno, was a meth user who was more than eight months pregnant when she lost the baby in late 2019, according to the AP.
Chelsea Becker, 26, faces murder charges in connection with the death of her stillborn baby, officials say. (Kings County sheriff’s office)
Kings County authorities decided to sue the murder charge, arguing that the baby’s death resulted from “a mother’s reckless or indifferent misconduct”.
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Philip Esbenshade, executive assistant to Kings County public prosecutor Keith Fagundes, said the case was not about Becker’s reproductive rights.
“This is the case for a person who committed specific acts that resulted in the death of a viable fetus,” Esbenshade told the AP.
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In August, Becerra argued that the authorities were misapplying the law in Becker’s case.
California Attorney General Xavier Becerra, of course, is Joe Biden’s choice to lead the Department of Health and Human Services.
“Our laws in California do not condemn women who suffer the loss of their pregnancy, and in our [amicus brief] filing today [Aug. 7] we are making it clear that this law has been misused to the detriment of women, children and families. We will work to end Mrs. Becker’s prosecution and arrest so that we can focus on enforcing this law for those who endanger the lives of pregnant women. “
Becker has been on $ 2 million bail since the birth of a dead child, AP reported. Methamphetamine was found in the baby’s system and Becker acknowledged the drug’s use, the report said, but she pleaded not guilty to the murder.
Danielle Wallace and Fox News’ The Associated Press contributed to this story.