Miami-Dade fights release request filed for inmate’s unborn child

In a bizarre case, a Miami inmate’s unborn child is pleading to be released from jail. But lawyers for the state and Miami-Dade Corrections want his request thrown out, according to court records filed Monday.

Last week, the unborn child’s lawyer, William M. Norris, argued in Florida’s

Third District Court of Appeal that the fetus’ incarceration is a violation of his rights guaranteed by the U.S. and Florida constitutions. Norris also claimed that Natalia Harrell, an inmate at Turner Guilford Knight Correctional Center, isn’t receiving adequate prenatal care. The case could set a precedent amid a legal system navigating complex arguments in a post-Roe world.

Florida Assistant Attorney General Kseniya Smychkouskaya urged the court on Monday to dismiss the unborn child’s writ of habeas corpus, which can be used to determine whether someone’s imprisonment is lawful. She said the unborn baby’s lawyers don’t cast doubt on the legality of Harrell’s arrest, the court’s finding of probable cause, or denial of bail.

“[The unborn child’s] claim solely relates to the alleged inadequacy of medical and prenatal care,” Smychkouskaya said.

In a filing on behalf of James Reyes, director of Miami-Dade Corrections and Rehabilitation, Assistant County Attorney Benjamin D. Simon disputed Norris’ allegations that Harrell — and the unborn child — have received inadequate medical care, asserting that the department provided “above and beyond what is required by law.”

When Harrell’s pregnancy test came back positive on Aug. 12, two weeks after her arrest, she was put on a nutrient-rich diet and was offered Ensure supplements, electrolytes, milk, sandwiches and snacks, Simon said. Harrell has gained more than 30 pounds since August.

Harrell, Simon said, has been offered prenatal

‘‘ UNBORN CHILD IS NOT A NAMED PARTY IN THE STATE’S CRIMINAL CASE ... AGAINST HIS MOTHER. William M. Norris, the lawyer for the child

vitamins on a daily basis for months but has refused them.

She has seen medical

staff in the jail 11 times since August for nausea, dry eyes and back pain and visited as recently as Feb. 17 when she reported good fetal movement, Simon said. Harrell has also been to at least four specialist appointments outside of the jail and refused to attend a fifth but is still scheduled for another “in the near future.”

At 36 weeks, Harrell will be transferred to the infirmary, Simon said, where she will have nurses monitoring her 24/7 until she is transported to Jackson Memorial Hospital to give birth.

‘SILENT’

On Tuesday, Norris, too, filed a response, in which he reiterated that the unborn child’s incarceration is unlawful as he hasn’t been charged with any crime. Norris also pointed out that the state and Reyes’ lawyers are “silent” on the unborn child and instead focus on his mother and her criminal case.

“The fact is UNBORN CHILD is not a named party in the STATE’s criminal case below against his mother,” Norris wrote. “The STATE and [Reyes] refuse to address UNBORN CHILD as the habeas petitioner, and intentionally avoid and not answer the constitutional question before this Court of whether the UNBORN CHILD is a person entitled to all the constitutional protections...”

Norris challenged

Reyes’ version of events, writing that Harrell had submitted several grievances in 2022 about lacking prenatal care and proper food.

The unborn baby is still requesting the court to grant the writ so he can be freed from jail, according to Norris’ response. Norris also asked the court to hold a hearing or transfer the petition to the circuit court for a hearing.

MURDER CHARGE

Harrell, 24, was arrested and charged with seconddegree murder — a felony punishable by life in prison — while six weeks pregnant on July 26, 2022. She was involved in a fatal quarrel that was caught on tape while inside an Uber near Southeast First Avenue and First Street in downtown Miami.

As she and Gladys Yvette Borcela argued, Harrell leaped from the third row of seats to the second row. Harrell’s lawyers say she feared Borcela wanted to harm her and her unborn child, and that’s why she pulled out a gun from her purse and fired a single round.