A Florida court has dismissed an 8-months-pregnant inmate's emergency petition to be released from custody based on the claim that her fetus has been denied adequate medical care.
The 3rd District Court of Appeal dismissed the petition without prejudice to be decided in circuit court, arguing, in part, that it is unclear whether the fetus of Natalia Harrell, 24, has the right to file the petition in the first place, and that its unborn status makes it too difficult to determine the facts in the case.
"Absent immediate release ... UNBORN CHILD will be likely brought into this world on the concrete floor of the prison cell, without the aid of qualified medical physicians and paramedics, and in the presence of violent criminals," the initial filing said. Reyes also claimed in his filing that Harrell will be transferred to the jail infirmary when her pregnancy reaches 36 weeks, at which point “she will receive a heightened level of care, with nurses monitoring her 24 hours a day, seven days a week for the duration of her pregnancy.” When she is ready to go into labor, she will be transported to Jackson Memorial Hospital to give birth, the filing said.
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