Authorities arrested the woman and charged her with murder after delivering a stillborn baby with toxic levels of methamphetamine in its system.
The accused is Chelsea Cheyenne Becker, 26.
She delivered a stillborn child on September 10, 2019.
Medical professionals believed that the exposure of the drug to the baby was during pregnancy.
An autopsy by the Kings County Coroner’s Office found methamphetamine in the baby’s system, police said.
This led to the filing of homicide against the woman.
Becker has been in jail since November of 2019 with a bail set at $5 million.
The superior court denied Becker’s motion to dismiss the charges in June, said the report.
Misapplied And Misinterpreted
Becerra believed the law was “misapplied and misinterpreted.”
He argued that no one can be prosecuted for murder as a result of actions leading to a loss in pregnancy.
In a statement, 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.”
“We will work to end the prosecution and imprisonment of Ms. Becker, so we can focus on applying this law to those who put the lives of pregnant women in danger.”
Becerra refers to Penal Code section 187.
His argument about this law says that women, who cannot practice prenatal health, should not be punished, because of addiction or a lack of resources.
The code’s intention was also not to “punish women who might be in desperation seek to end their pregnancies.”
Begging To Disagree
For his part, Kings County District Attorney Keith L. Fagundes begged to disagree.
He added that the Attorney General failed to notify his office when they filed an amicus brief.
“This case is not about a stillbirth, it is a case about a mother’s overdose of a late-term, viable fetus.”
“I appreciate the Attorney General’s opinion, and can only conclude that he has not been properly briefed on the facts of this case.”
“It has not read any police report, nor has he reviewed the medical information involved in this particular case.”