Unborn child’s plea to be released from jail is dismissed. He still has a chance to get out
A Miami inmate’s unborn child won’t be released from jail after his plea was dismissed Friday by Florida’s Third District Court of Appeal.
Judges Thomas Logue, Monica Gordo and Fleur J. Lobree wrote in an opinion to dismiss the fetus’ writ of habeas corpus, which can be used to determine whether someone’s imprisonment is lawful.
The appellate judges made no rulings on whether the unborn child is able to make the petition or what should be done, partly based on there being no records on the unborn child’s claims, the opinion read.
“Recognizing the restraint imposed by the doctrine of separation of powers and by our role as appellate judges, we decline to address these matters in a factual vacuum,” the opinion read.
Attorney William M. Norris, who is representing the unborn child, said this legal decision was basically a “punt.”
“It’s a highbrow way of saying we don’t know what to do with this hot potato,” he told the Herald.
The argument for the unborn child to be released from jail is twofold. Norris argued that the fetus’ imprisonment was a violation of his constitutional rights and that his mother, Natalia Harrell, is not receiving proper prenatal care behind bars.
“Our petition was based on the premise that an unborn child is a person,” he said.
The appellate court’s dismissal means the unborn child can pursue this case in a higher court, Florida’s Supreme Court, or a lower court, the Eleventh Judicial Circuit of Florida.
If this case is heard before the Supreme Court, a favorable ruling for the fetus would be Florida’s highest court declaring unborn children are legally people that have rights, Norris said.
A ruling of that magnitude would cause shock waves in the state’s political and legal worlds.
“It would be explosive,” Norris described of the aftermath of such a ruling.
However, if the case is brought to a circuit court, Norris said there would be opportunity to establish the facts of the case: that Harrell is not receiving adequate prenatal care.
“There is no record for what the care has been, but our information is that the mother was filing grievances that she wasn’t getting adequate care,” he said.
In a filing on behalf of James Reyes, director of Miami-Dade Corrections and Rehabilitation, Assistant County Attorney Benjamin D. Simon disputed Norris’ claims, asserting that the department provided “above and beyond what is required by law.”
Simon said Harrell has been seen by medical staff nearly a dozen times, given a nutrient-rich diet and offered prenatal vitamins on a daily basis but she has refused them multiple times.
Harrell was charged with second-degree murder in July while she was six weeks pregnant. She was involved in a fatal quarrel inside an Uber that was caught on tape in downtown Miami. She and Gladys Yvette Borcela were in an argument that ended with Harrell shooting her.
Norris is unsure which route they will take in the unborn baby’s plea to be released but will still be pursuing the case.
“I’m still trying to digest it myself,” he said. “Our legal system is designed to deal with difficulty; the fact that it is a hard question does not mean we shouldn’t address it.”
