Her baby died with meth in his system in Hanford. California AG says it’s not murder
California State Attorney General Xavier Becerra says a Kings County woman shouldn’t be charged with murder in connection with her child’s stillborn death.
Chelsea Becker, 26, has been in jail on a first-degree murder charge since her arrest in November 2019, two months after the baby boy was delivered stillborn at a hospital. She has pleaded not guilty.
A coroner examination later reported the baby had toxic levels of a stimulant, which is believed to be methamphetamine since Becker allegedly told investigators she had used it during her pregnancy.
Becerra, in a letter sent Thursday to the California Supreme Court, argued that prosecutors shouldn’t charge the woman with murder, saying the move could have a chilling effect and discourage pregnant drug users from seeking potentially lifesaving medical attention.
Becerra argues that, in this case, and future ones, the court must clarify whether the state’s murder law was intended to criminalize mothers for acts that could lead to abortion or a stillbirth. Becerra argues the law wasn’t meant to be used in such cases.
The attorney general laid out his argument in a letter Thursday to the California Supreme Court.
“The Legislature meant to criminalize only third-party violence against women that results in fetal death,” the attorney general wrote.
The Kings County District Attorney’s Office disagrees.
Phil Esbenshade, Kings County’s assistant district attorney, said prosecutors believe the case is “about a person who did specific acts that resulted in the death of a viable fetus.”
“Nothing excuses the reckless or indifferent unlawful conduct of a mother that results in the unlawful death of her fetus,” Esbenshade said in a statement.
Esbenshade said the Becerra did not seek specific facts in Becker’s case before issuing his opinion to the court.
Becerra asked the state’s Supreme Court to clarify the law so that lower courts can better handle future cases similar to Becker’s.
He wrote: “Fear of serious criminal liability and imprisonment has the potential to deter pregnant women with addiction issues from seeking out necessary, and sometimes lifesaving, healthcare. And it may cause local law enforcement to place additional and unnecessary scrutiny on every miscarriage and stillbirth — which are relatively common occurrences.”
“Such scrutiny could have disproportionate criminal justice impacts, as the rates of miscarriage and stillbirth vary dramatically by race and ethnicity,” the letter continued.
Becker’s case has garnered much attention. Earlier this year, medical professionals from Friends Research Institute and UCSF issued their own opinions supporting Becker, stating that substance use disorders “are medical conditions, not dangerous crimes.”
Esbenshade said Thursday that Becker has experienced “the longest period of sobriety” in the past few months of her life, and she is has been healthier.
“I have hope in her rehabilitation and her ability to stop choosing drugs over her children,” he said.
Becker has been in jail since her 2019 arrest in Visalia. Her bail was set at $2 million.
Becker’s attempt to have her charges dismissed was denied in June. A month later, Becerra’s office submitted its initial support for Becker.
Her next court date is scheduled for Nov. 12 at the Kings County Superior Court in Hanford.
It’s unclear if or when the state court will review the case as requested by Becerra.
This story was originally published November 5, 2020 at 2:52 PM.
