AG warns against Kings County stillbirth murder prosecutions

Attorney General Rob Bonta issued a first of its kind legal alert Thursday to all state law enforcement agencies including district attorneys clarifying the murder section under the Penal Code was not intended to prosecute women who experience stillbirths or the loss of their pregnancies.

The alert aims to prevent the improper use of the law, according to Bonta, referring to two Kings County women who were charged with fetal murder.

In 2021, the murder charge against Chelsea Becker was dismissed, while Adora Perez remains in prison serving her 11-year sentence following confession and a plea deal.

Kings County District Attorney spokesman Philip W. Esbenshade responded to the alert Thursday stating, "These cases are not about abortion nor women's reproductive rights in any way. Ms. Perez' case in particular is about a person who did specific acts, specifically repeated abuse of illegal methamphetamine while pregnant. Those criminal acts directly resulted in the death of a viable fetus."

"Courts have long recognized that the primary function of the office of a prosecutor is to diligently and vigilantly pursue those who are believed to have violated the criminal codes of the state, and that is precisely what we are doing," he added. "We review each case on its specific facts against the laws of the state. We believe in laws that protect all citizens from being harmed by others, and we uphold the law as written to achieve justice for everyone involved."

During Thursday's press conference, Bonta said, "Today and moving forward, we are issuing this new type of legal publication to present our views on select questions of law. Today's legal alert ... asserts that Section 187 was intended to hold accountable those who inflict harm on pregnant individuals resulting in miscarriage or stillbirth. The law is not to punish those who suffer the loss of their pregnancy. In 2022, it is unfortunate that such an alert is necessary. ..."

Last year, Bonta filed multiple briefs in support of Perez's writ of habeas corpus seeking her release. The writ is pending in Kings County Superior Court. In re: Adora Danyel Perez, 21W-0033A (Kings County Super. Ct., filed Feb. 19, 2021).