Pregnant Florida woman who shot and killed a Mother of three wants to be released because her “Fetus is innocent”.
A Florida woman is arguing that she should be released from jail pending her murder trial because the detention is harming her unborn baby.
Natalia Harrell, 24, was six weeks pregnant when she shot and killed Gladys Yvette Borcela, 28 in Miami in July last year.
William M. Norris, in his emergency writ, argued that the fetus’ incarceration is a violation of his rights guaranteed by the U.S. and Florida constitutions.
He said the ‘draconian confinement’ was harming the unborn child, depriving it of vitamins and access to specialists.
Norris also claimed that the unborn baby was held in a corrections transport van without air conditioning while temperatures exceeded 100 degrees.
He argued, according to court documents obtained by The Miami Herald, that the baby deserved to be free from ‘unlawful and illegal detention’ and avoid entering the world in a dangerous environment like a prison cell.
Norris has argued that his client shot Borcela because she lunged at her during the argument, and that she feared for the safety of her baby.
Borcela’s mother, Yvette Rivera, is fiercely opposing Harrell’s plea. ‘Natalia Harrell Killed My Daughter,’ she wrote on Facebook. ‘And Now Is Trying To Get A Get Out Of Jail Free Card.
On Thursday, Harrell’s lawyer argued in court documents that detaining Harrell’s unborn child at Turner Guilford Knight Correctional Center in Miami was unfair.
‘UNBORN CHILD has not been charged with any crime by the State,’ the writ of habeas corpus said. ‘Further, the State has placed the UNBORN CHILD in such inherently dangerous environment by placing the UNBORN CHILD in close proximity to violent criminal offenders.’
Harrell’s child, it argues, is receiving inadequate pre-natal care and is unlawfully being locked up.
The case contends that the fetus should be released pending trial — which would necessarily get Harrell, who is facing a second-degree murder rap, out of jail.
New video released last week showed the moment she fatally blasted mom of three Yvette Borcela inside an Uber in which they were traveling with five other people after a night of partying in Miami last July.
Harrell’s attorney, William Norris, asserts his client shot Borcela, 28, because she lunged at her during the argument and that she feared for the safety of her baby.
Harrell was with a group of men at a South Beach nightclub who asked her if they knew anyone who would like to join their group.
Borcela was invited, but soon irritated Harrell after she started to “drink and dance” excessively.
Video shows the pair began arguing in the backseat of an Uber after the group left the nightclub around 2 a.m.
Harrell climbed into the middle row of the vehicle at one point as the Uber driver watched the chaos unfold in his rearview mirror.
