Unborn child of Florida murder suspect is being 'held unlawfully' in jail, attorney argues

MIAMI (TND) — A woman who is accused of murder in Florida should be freed from jail because her unborn child is being "held unlawfully," the woman's attorney claims.

In a Feb. 17 habeas corpus filing, attorney William Norris says Miami-Dade County correctional officials have failed to provide prenatal care toNatalia Harrell, 24, and her baby. Technically, the filing is on behalf of the unborn child and not Harrell, as the filing's title is "Petitioner unborn child’s writ of habeas corpus petition."

The unborn child counts as a person, the attorney argues, and "has not been charged with a criminal offense." Therefore, Harrell and the unborn child should be immediately released from jail, according to the filing.

An unborn child has rights independent of its mother, even though it’s still in the womb,” Norris reportedly told The Washington Post. “The unborn child has been deprived of due process of law in this incarceration. You simply have to have the unborn child as a factor in the equation."

Respondents have failed or refused to take UNBORN CHILD to the attending outside OB-GYN physician at Jackson Hospital. The last visit UNBORN CHILD had with the attending OB-GYN physician was in October, 2022," Norris states in the filing. "There has been a lack of reasonable and necessary prenatal care for the UNBORN CHILD by Respondents. In fact, Respondents have even failed to bring the prescribed vitamins and nutritional drinks to UNBORN CHILD’s mother, Ms. Harrell."

Miami authorities say that Harrell shot and killedGladys Yvette Borcela in the early morning hours of Jul 23, 2022. Harrell was six weeks pregnant at the time. She was jailed without bond in July.

Norris writes that since no doctor has checked in on the unborn child since autumn of 2022, "it is a guess at this point" when exactly the child will be born. Harrell is, according to the filing, at least eight months pregnant at the moment.

UNBORN CHILD'S constitutionally protected due process rights have been clearly violated," the filing claims. "Absent immediate release of UNBORN CHILD from the Respondents, UNBORN CHILD will be likely brought into this world on the concrete floor of the prison cell, without the aid of qualified medical physicians and paramedics, and in the presence of violent criminals.

The Miami-Dade County Corrections and Rehabilitation Department told the publication "Law & Crime" that they are "conducting a full review of the health services offered and received to ensure that all pre-natal care being provided in our custody is appropriate," and that "Miami-Dade County Corrections and Rehabilitation partners with Jackson Health System to provide healthcare to the inmates in our custody, and we are committed to ensuring all inmates receive professional, timely medical care and all appropriate treatment."

Norris's argument that the unborn child "is a person as defined under the Florida Constitution and United States Constitution" aligns closely with the belief of "fetal personhood," a concept that insists fetuses are people and deserve constitutional protections and rights. It's a concept that has reportedly enjoyed renewed popularity and picked up traction following the Supreme Court's overturning of the longstanding Roe V. Wade ruling, which guaranteed the right to an abortion.

A "habeas corpus" filing seeks to have the court "have any person who is being detained brought forward so that the legality of that person's detention can be assessed," according to Merriam-Webster. Norris's filing is, again, on the behalf of the unborn child rather than for Harrell.

Harrell was reportedly caught on video shootingBorcela in July 2022. Fox News says that Harrell is accused of shooting Borcela inside an Uber, according to court papers.

Video shows the two arguing while riding in the Uber when Harrell reaches into her purse to pull out a gun, according to Fox News.

Harrell was charged with second-degree murder, and Norris's new filing argues his client acted in self defense.

The security camera video shows that after Ms. Harrell leaped from the third row of seats and over the second row of seats in the Uber vehicle, Gladys Yvette Borcela continued to threatened Ms. Harrell with physical bodily injury. Ms. Harrell was in fear of her life and the life of her unborn child," Norris argues in the filing.