Fetus Of Jailed Pregnant Woman 'Illegally Detained', FL Lawyer Argues

MIAMI, FL — A lawyer for a pregnant woman currently in a Miami jail is arguing the woman's unborn baby was illegally imprisoned and the fetus' incarceration is a violation of his constitutional rights, according to court documents.

Attorney William M. Norris filed an emergency writ of habeas corpus last week on behalf of Natalia Harrell, an inmate at Turner Guilford Knight Correctional Center in Miami, according to court documents obtained by the Law & Crime Network.

Harrell, 24, was charged with second-degree murder following an argument inside a packed Uber ride on July 26, 2022. Harrell is accused of fatally shooting 28-year-old Gladys Borcela, who Harrell claims threatened and physically assaulted her.

Harrell was six weeks pregnant at the time, according to court documents.

"Ms. Harrell was in fear for her life and the life of her unborn child," the court filing read.

Harrell has been confined to Turner Guilford Knight Correctional Center for the past seven months, according to court documents.

During that time, her lawyer claims Miami-Dade officials failed to take Harrell to scheduled prenatal appointments and refused to provide required prenatal vitamins and other nutritional supplements.

"Respondents have knowingly neglected to have UNBORN CHILD transported to the OB-GYN physician at Jackson Hospital to be provided medically necessary care and treatment commonly referred to as prenatal care," court documents read.

Court documents also claim Harrell was left in a transport van with no air conditioning for an extended period when the temperature was more than 100 degrees.

In the court petition, lawyers argued that Florida lawmakers have "expressed a clear intent to recognize an unborn child as a human being." Attorneys are asking a judge to release the unborn child to receive necessary medical treatment.

"The draconian confinement of UNBORN CHILD and failure to provide necessary medical care and treatment creates an inherent risk and danger to the health and wellbeing of UNBORN CHILD while in Respondents' detention center known as TGK," court documents read.

James Reyes, director of Miami-Dade Corrections and Rehabilitation, must respond to the request by Monday, according to court records. Harrell is also requesting a hearing for March 7.

The state of Florida asked the court to dismiss the writ and disputed claims that Harrell has not received adequate medical care, the Miami Herald reported.

The case is the latest in a series of "fetal personhood" cases following the fall of Roe v. Wade last summer.

Earlier this year, a Virginia legislator filed a bill allowing a fetus to count as a passenger in high-occupancy vehicles and high-occupancy toll lanes on Virginia expressways. And in August, Georgia state officials decided unborn babies could be claimed as dependents on Georgia taxes.

In October, the U.S. Supreme Court declined to hear a dispute over whether unborn babies are entitled to constitutional protections, CBS News reported.

The court declined to hear an appeal from two pregnant women, filed on behalf of their then-unborn fetuses, and a Catholic organization. The appeal stemmed from a Rhode Island Supreme Court decision that left intact a state law and determined that unborn babies could not challenge the law because they were not "persons" under the 14th Amendment.