AG seeks reversal of conviction of woman whose stillbirth caused by drugs

Attorney General Rob Bonta weighed in to support a Kings County woman trying to undo her manslaughter conviction for the stillbirth of her baby as a result of her illegal drug use.

"Imprisoning a woman for the death of her unborn child is not justice, and it is not in line with the law," Bonta said in a statement following Friday's filings in support of Adora Perez. "We will continue to stand with Ms. Perez and provide our support until real justice is served."

Philip W. Esbenshade, executive assistant district attorney for Kings County, could not be reached for a comment Monday. He said In a statement in October 2020 "These cases are not about abortion nor women's reproductive rights. These cases are about a person who did specific acts that resulted in the death of a viable fetus."

He referred to Perez's case and that of Chelsea Becker, who was similarly charged in 2019. Her charges were dismissed by a Kings County Superior Court judge, who ruled prosecutors didn't establish the implied malice under the murder statute. His ruling did not address the applicability of the murder statute to women who have a stillbirth cause by their drug taking.

Perez was charged in 2017 under Penal Code Section 187, the state's murder statute, of voluntary manslaughter after doctors informed police her methamphetamine use had resulted in the death of her baby. She also acknowledged the drug use to investigators.

She pleaded guilty to the charge to avoid the possibility of getting a life sentence for murder, according to Bonta's brief filed in response to her petition for writ of habeas corpus before the Kings County Superior Court. In re: Adora Perez, 21W-0033A (Sup. Ct. Kings County, filed Feb. 19, 2021).

In his filings, Bonta argued the Legislature broadened the statute in 1970 to ensure that a third party who killed a fetus did not escape punishment, not to criminalize a woman's own actions that might result in a miscarriage or stillbirth. He also asked the state Supreme Court to grant plenary review to confirm that a pregnant woman may not be prosecuted or convicted of murder based on the outcome of her pregnancy under the Penal Code. People v. Perez, S268092.

In a news release, Bonta argued construing the murder statute to criminalize the actions of pregnant women could have broader repercussions including deterring women with addictions from seeking health care due to fear of criminal liability and "encouraging unnecessary law enforcement scrutiny of miscarriage and stillbirth events."