High court denies appeal from woman facing murder trial after son born dead

The California Supreme Court has declined to hear an appeal from a woman charged with murder after giving birth to a stillborn son with illegal drugs in his system.

Chelsea Becker is being held in jail in Kings County awaiting trial.

On Wednesday, the court posted a notice on its website that her "petition for review is denied without prejudice" in Becker v. Superior Court, S265209 (Cal. Sup. Ct., filed Oct. 26, 2020).

Police arrested Becker over a year ago after hospital staff told the medical examiner's office her stillborn son tested positive for methamphetamine. According to court records, she will be arraigned on Tuesday and faces a hearing to show cause on Jan. 4.

A legal team representing Becker pro bono filed her appeal. They argued that a 1970 change in California's Penal Code that allowed someone to be charged for murder of an unborn child was never intended to used against mothers.

Executive Assistant District Attorney Philip W. Esbenshade said the prosecution is "consistent with California state criminal law."

"That fact has been recognized by a Kings County Superior Court Judge, the 5th District Court of Appeal, and a visiting superior court judge who recently found that probable cause exists based on those facts in holding Ms. Becker to answer for trial," he said in a statement Thursday.

Attorney General Xavier Becerra submitted a brief on Becker's behalf.

-- Malcolm MacLachlan