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A Black woman was criminally charged after a miscarriage. It shows the perils of pregnancy post-Roe

Published

6 months ago

December 16, 2023

A Black woman was criminally charged after a miscarriage. It shows the perils of pregnancy post-Roe

COLUMBUS, Ohio (AP) — Ohio was in the throes of a bitter debate over abortion rights this fall when Brittany Watts, 21 weeks and 5 days pregnant, began passing thick blood clots.

The 33-year-old Watts, who had not shared the news of her pregnancy even with her family, made her first prenatal visit to a doctor’s office behind Mercy Health-St. Joseph’s Hospital in Warren, a working-class city about 60 miles (100 kilometers) southeast of Cleveland.

The doctor said that, while a fetal heartbeat was still present, Watts’ water had broken prematurely and the fetus she was carrying would not survive. He advised heading to the hospital to have her labor induced, so she could have what amounted to an abortion to deliver the nonviable fetus. Otherwise, she would face “significant risk” of death, according to records of her case.

That was a Tuesday in September. What followed was a harrowing three days entailing: multiple trips to the hospital; Watts miscarrying into, and then flushing and plunging, a toilet at her home; a police investigation of those actions; and Watts, who is Black, being charged with abuse of a corpse. That’s a fifth-degree felony punishable by up to a year in prison and a $2,500 fine.

Her case was sent last week to a grand jury. It has touched off a national firestorm over the treatment of pregnant women, and especially Black women, in the aftermath of the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision that overturned Roe v. Wade. Civil rights attorney Benjamin Crump elevated Watts’ plight in a post to X, formerly Twitter, and supporters have donated more than $100,000 through GoFundMe for her legal defense, medical bills and trauma counseling.

Whether abortion-seekers should face criminal charges is a matter of debate within the anti-abortion community, but, post-Dobbs, pregnant women like Watts, who was not even trying to get an abortion, have increasingly found themselves charged with “crimes against their own pregnancies,” said Grace Howard, assistant justice studies professor at San José State University.

“Roe was a clear legal roadblock to charging felonies for unintentionally harming pregnancies, when women were legally allowed to end their pregnancies through abortion,” she said. “Now that Roe is gone, that roadblock is entirely gone.”

Michele Goodwin, a law professor at the University of California, Irvine, and author of “Policing The Womb,” said those efforts have long overwhelmingly targeted Black and brown women.

FILE – The U.S. Supreme Court is seen, with a carving of Justice in the foreground, April 19, 2023, in Washington. A Black Ohio woman who miscarried in her bathroom has been charged with abuse of a corpse and awaits grand jury action. Her case has sparked a national firestorm over the plight of pregnant women, especially women of color, following the U.S. Supreme Court’s decision to overturn Roe v. Wade. (AP Photo/Jacquelyn Martin, File)

Even before Roe was overturned, studies show that Black women who visited hospitals for prenatal care were 10 times more likely than white women to have child protective services and law enforcement called on them, even when their cases were similar, she said.

“Post-Dobbs, what we see is kind of a wild, wild West,” said Goodwin. “You see this kind of muscle-flexing by district attorneys and prosecutors wanting to show that they are going to be vigilant, they’re going to take down women who violate the ethos coming out of the state’s legislature.” She called Black women “canaries in the coal mine” for the “hyper-vigilant type of policing” women of all races might expect from the nation’s network of health-care providers, law enforcers and courts now that abortion isn’t federally protected.

In Texas, for example, Republican Attorney General Ken Paxton mounted an aggressive and successful defense against a white Texas mother, Kate Cox, who sued for permission to skirt the state’s restrictive abortion law because her fetus had a fatal condition.

At the time of Watts’ miscarriage, abortion was legal in Ohio through 21 weeks, six days of pregnancy. Her lawyer, Traci Timko, said Watts left the hospital on the Wednesday when, coincidentally, her pregnancy arrived at that date — after sitting for eight hours awaiting care.

It turned out the delay was because hospital officials were deliberating over the legalities, Timko said. “It was the fear of, is this going to constitute an abortion and are we able to do that,” she said.

At the time, vigorous campaigning was taking place across Ohio over Issue 1, a proposed amendment to enshrine a right to abortion in Ohio’s constitution. Some of the ads were harshly attacking abortions later in pregnancy, with opponents arguing the issue would allow the return of so-called “partial-birth abortions” and pregnancy terminations “until birth.”

The hospital did not return calls seeking confirmation and comment, but B. Jessie Hill, a law professor at Case Western Reserve University School of Law in Cleveland, said Mercy Health-St. Joseph’s was in a bind.

“These are the razor’s edge decisions that health care providers are being forced to make,” she said. “And all the incentives are pushing hospitals to be conservative, because on the other side of this is criminal liability. That’s the impact of Dobbs.”

Watts had been admitted to the Catholic hospital twice that week with vaginal bleeding, but she left without being treated. A nurse told the 911 dispatcher that Watts returned no longer pregnant on that Friday. She said Watts told her, “the baby’s in her backyard in a bucket,” and that she didn’t want to have a child.

Timko said Watts insists she doesn’t recall saying the pregnancy was unwanted; it was unintended, but she had always wanted to give her mother a grandchild. Her lawyer believes Watts may have meant that she didn’t want to fish what she knew was a dead fetus from the bucket of blood, tissue and feces that she’d scooped from her overflowing toilet.

“This 33-year-old girl with no criminal record is demonized for something that goes on every day,” she told Warren Municipal Court Judge Terry Ivanchak during Watts’ recent preliminary hearing.

Warren Assistant Prosecutor Lewis Guarnieri told Ivanchak that Watts left home for a hair appointment after miscarrying, leaving the toilet clogged. Police would later find the fetus wedged in the pipes.

“The issue isn’t how the child died, when the child died,” Guarnieri told the judge, according to TV station WKBN. “It’s the fact the baby was put into a toilet, was large enough to clog up the toilet, left in that toilet, and she went on (with) her day.”

In court, Timko bristled at Guarnieri’s suggestion.

“You cannot be broadcasting any clearer that you just don’t get it,” she said in an interview, suggesting Watts was scared, anxious and traumatized by the experience. “She’s trying to protect Mama. She doesn’t want to get her hair done. She wants to stop bleeding like crazy and start grieving her fetus, what she’s just been through.”

As chief counsel to the county’s child assault protection unit, Assistant Trumbull County Prosecutor Diane Barber is the lead prosecutor on Watts’ case.

Barber said she couldn’t speak specifically about the case other than to note that the county was compelled to move forward with it once it was bound over from municipal court. She said she doesn’t expect a grand jury finding this month.

“About 20% of the cases get no-billed, (as in) they do not get indicted and the case does not proceed,” she said.

The size and stage of development of Watts’ fetus — precisely the point when abortion crossed from legal to illegal without exceptions — became an issue during her preliminary hearing.

A county forensic investigator reported feeling “what appeared to be a small foot with toes” inside Watts’ toilet. Police seized the toilet and broke it apart to retrieve the intact fetus as evidence.

Testimony and an autopsy confirmed that the fetus died in utero before passing through the birth canal. In regard to abuse, the examination identified “no recent injuries.”

Ivanchak acknowledged the case’s complexities.

“There are better scholars than I am to determine the exact legal status of this fetus, corpse, body, birthing tissue, whatever it is,” he said from the bench. “Matter of fact, I’m assuming that’s what … Issue 1’s all about: at what point something becomes viable.”

Timko, a former prosecutor, said Ohio’s abuse-of-corpse statute is vague. It prohibits treating “a human corpse” in a way that would “outrage” reasonable family or community sensibilities.

“From a legal perspective, there’s no definition of ‘corpse,’” she said. “Can you be a corpse if you never took a breath?”

Howard said clarity on what about Watts’ behavior constituted a crime is essential.

“For rights of people with the capacity for pregnancy, this is huge,” she said. “Her miscarriage was entirely ordinary. So I just want to know what (the prosecutor) thinks she should have done. If we are going to require people to collect and bring used menstrual products to hospitals so that they can make sure it is indeed a miscarriage, it’s as ridiculous and invasive as it is cruel.”

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World

Flatulent cows and pigs will face a carbon tax in Denmark, a world first

Published

1 hour ago

June 26, 2024

Press Room

Flatulent cows and pigs will face a carbon tax in Denmark, a world first

COPENHAGEN, Denmark (AP) — Denmark will tax livestock farmers for the greenhouse gases emitted by their cows, sheep and pigs from 2030, the first country in the world to do so as it targets a major source of methane emissions, one of the most potent gases contributing to global warming.

The aim is to reduce Danish greenhouse gas emissions by 70% from 1990 levels by 2030, said Taxation Minister Jeppe Bruus.

As of 2030, Danish livestock farmers will be taxed 300 kroner ($43) per ton of carbon dioxide equivalent in 2030. The tax will increase to 750 kroner ($108) by 2035. However, because of an income tax deduction of 60%, the actual cost per ton will start at 120 kroner ($17.3) and increase to 300 kroner by 2035.

Although carbon dioxide typically gets more attention for its role in climate change, methane traps about 87 times more heat on a 20-year timescale, according to the U.S. National Oceanic and Atmospheric Administration.

Levels of methane, which is emitted from sources including landfills, oil and natural gas systems and livestock, have increased particularly quickly since 2020. Livestock account for about 32% of human-caused methane emissions, says the U.N. Environment Program.

“We will take a big step closer in becoming climate neutral in 2045,” Bruus said, adding Denmark “will be the first country in the world to introduce a real CO2 tax on agriculture” and hoped other countries would follow suit.

New Zealand had passed a similar law due to take effect in 2025. However, the legislation was removed from the statute book on Wednesday after hefty criticism from farmers and a change of government at the 2023 election from a center-left ruling bloc to a center-right one. New Zealand said it would exclude agriculture from its emissions trading scheme in favor of exploring other ways to reduce methane.

In Denmark, the deal was reached late Monday between the center-right government and representatives of farmers, the industry, unions, among others, and presented Tuesday.

Denmark’s move comes after months of protests by farmers across Europe against climate change mitigation measures and regulations that they say are driving them to bankruptcy.

The Danish Society for Nature Conservation, the largest nature conservation and environmental organization in Denmark, described the tax agreement as “a historic compromise.”

“We have succeeded in landing a compromise on a CO2 tax, which lays the groundwork for a restructured food industry -– also on the other side of 2030,” its head Maria Reumert Gjerding said after the talks in which they took part.

A typical Danish cow produces 6 metric tons (6.6 tons) of CO2 equivalent per year. Denmark, which is a large dairy and pork exporter, also will tax pigs although cows produce far higher emissions than pigs.

The tax is to be approved in the 179-seat Folketing, or parliament, but the bill is expected to pass after the broad-based consensus.

According to Statistic Denmark, there were as of June 30, 2022, 1,484,377 cows in the Scandinavian country, a slight drop compared to the previous year.

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Read more of AP’s climate coverage at http://www.apnews.com/climate-and-environment

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Associated Press writer Charlotte Graham-McLay in Wellington, New Zealand, contributed to this report.

World

Evan Gershkovich's closed-door trial on espionage charges begins in Russia, where a conviction is expected

Published

2 hours ago

June 26, 2024

Press Room

Evan Gershkovich's closed-door trial on espionage charges begins in Russia, where a conviction is expected

Wall Street Journal reporter Evan Gershkovich’s trial in Russia on espionage charges is starting Wednesday behind closed doors in the city of Yekaterinburg.

Gershkovich, 32, was arrested in March 2023 in Yekaterinburg on espionage charges, with Russian authorities alleging he was gathering secret information for the CIA, a claim he, his employer and the U.S. government deny.

“Evan Gershkovich is facing a false and baseless charge. … The Russian regime’s smearing of Evan is repugnant, disgusting and based on calculated and transparent lies. Journalism is not a crime,” Wall Street Journal publisher Almar Latour and chief editor Emma Tucker said after his trial date was announced. “We had hoped to avoid this moment and now expect the U.S. government to redouble efforts to get Evan released.”

He is the first known Western journalist to be arrested on espionage charges in post-Soviet Russia.

WSJ REPORTER EVAN GERSHKOVICH SET TO BEGIN ESPIONAGE TRIAL ON JUNE 26

Wall Street Journal reporter Evan Gershkovich stands in a glass cage in a courtroom in Yekaterinburg, Russia, Wednesday, June 26, 2024. (AP)

The journalist appeared in the courtroom Wednesday morning in a glass cage, with his head shaven, according to The Associated Press.

Gershkovich’s appeals seeking his release have thus far been rejected.

“Evan has displayed remarkable resilience and strength in the face of this grim situation,” U.S. Ambassador to Russia Lynne Tracy said on the anniversary of Gershkovich’s arrest.

If convicted, which is expected, Gershkovich faces up to 20 years in prison. Russian courts convict more than 99% of defendants and prosecutors can appeal sentences that they believe to be light. Prosecutors can even appeal acquittals.

The Russian Prosecutor General’s office said Gershkovich is accused of gathering secret information on orders from the CIA about Uralvagonzavod, a plant that produces and repairs military equipment about 90 miles north of Yekaterinburg.

Gershkovich dressed in black in Moscow court box

If convicted, Gershkovich faces up to 20 years in prison. (NATALIA KOLESNIKOVA/AFP via Getty Images)

Another American detained in Russia, American corporate security executive Paul Whelan, was arrested in Moscow for espionage in 2018 and is serving a 16-year sentence.

Gershkovich’s arrest came about a year after Russian President Vladimir Putin pushed laws that drew concerns about journalism in the country, criminalizing criticism of the war against Ukraine and statements viewed by officials as discrediting the military.

Foreign journalists largely left the country after the laws passed. Many gradually moved back in subsequent months, but concerns still remained about whether Russian authorities would take action against them.

Several Western reporters have been forced to leave following Gershkovich’s arrest because Russia would not renew their visas.

WSJ REPORTER EVAN GERSHKOVICH ORDERED TO STAND TRIAL IN RUSSIA ON CHARGE OF ‘GATHERING SECRET INFORMATION’

Wall Street Journal reporter Evan Gershkovich is escorted from the Lefortovsky court in Moscow, Russia, Friday, Jan. 26, 2024. (AP Photo/Alexander Zemlianichenko)

Following Gershkovich’s arrest, many feared Russia was targeting Americans amid tensions with the U.S.

Russia has suggested a prisoner exchange for Gershkovich could potentially happen in the future, but such a swap is not possible until a verdict is reached in his case. Putin has floated the idea that he might be interested in freeing Vadim Krasikov, a Russian imprisoned in Germany for the assassination of a Chechen rebel leader.

In 2022, Russia and the U.S. worked out a swap that released WNBA star Brittney Griner, who was serving a 9 1/2-year sentence for cannabis possession in Russia, in exchange for arms dealer Viktor Bout, also known as “the Merchant of Death.”

The Biden administration would likely be sensitive when negotiating a swap for Gershkovich, not wanting to appear to be giving away too much after intense criticism of trading Bout for Griner.

The Associated Press contributed to this report.

World

US journalist Gershkovich on trial in Russia over spying charges he denies

Published

2 hours ago

June 26, 2024

Press Room

US journalist Gershkovich on trial in Russia over spying charges he denies

American journalist Evan Gershkovich went on trial behind closed doors in Russia on charges of espionage 15 months after he was arrested in the city of Yekaterinburg.

The 32-year-old Wall Street Journal reporter appeared in a glass cage in the Yekaterinburg courtroom on Wednesday, with his head shaven clean and wearing a black-and-blue plaid shirt.

Gershkovich is accused by prosecutors of gathering secret information about Uralvagonzavod, a plant manufacturing tanks for Russia’s war in Ukraine, on the orders of the Central Intelligence Agency (CIA).

Prosecutor Mikael Ozdoyev claimed there was proof that Gershkovich “on the instructions of the CIA … collected secret information about the activities of a defence enterprise about the production and repair of military equipment in the Sverdlovsk region”.

The court said the next hearing will be held on August 13.

The US Embassy in Russia on Wednesday called for Gershkovich’s release and said the “Russian authorities have failed to provide any evidence supporting the charges against him, failed to justify his continued detention, and failed to explain why Evan’s work as a journalist constitutes a crime”.

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Today, a Russian court began closed-door proceedings in the case of Wall Street Journal reporter, Evan Gershkovich, who has been wrongfully detained by Russian authorities for more than a year. https://t.co/edWy9MGvPm
— Посольство США в РФ/ U.S. Embassy Russia (@USEmbRu) June 26, 2024

The Journal said the “secret trial” will “offer him few, if any, of the legal protections he would be accorded in the US and other Western countries”.

The reporter, his employer and the United States government vigorously deny the allegations, saying he was just doing his job, with accreditation from Russia’s Ministry of Foreign Affairs.

On Tuesday, the Journal’s editor-in-chief, Emma Tucker, wrote in a letter to readers that Russian judicial proceedings are “unfair to Evan and a continuation of this travesty of justice that already has gone on for far too long”.

Tucker said: “This bogus accusation of espionage will inevitably lead to a bogus conviction for an innocent man.”

If convicted, Gershkovich faces a sentence of up to 20 years in prison. A verdict could be months away because Russian trials often adjourn for weeks.

Tucker noted that even covering Gershkovich’s trial “presents challenges to us” and other media “over how to report responsibly on the proceedings and the allegations”.

“Let us be very clear, once again: Evan is a staff reporter of The Wall Street Journal. He was on assignment in Russia, where he was an accredited journalist,” she wrote.

The case, the US Embassy wrote on X, “is not about evidence, procedural norms or the rule of law. It is about the Kremlin using American citizens to achieve its political objectives”.

‘Hostage diplomacy’

The American-born son of immigrants from the Soviet Union, Gershkovich is the first Western journalist to be arrested on espionage charges in post-Soviet Russia.

His detention came about a year after President Vladimir Putin pushed through laws that chilled journalists, criminalising criticism of the war in Ukraine and statements seen as discrediting the military.

After his arrest on March 29, 2023, Gershkovich was held in Moscow’s Lefortovo prison. His appeals for release have been repeatedly rejected.

The proceedings will take place behind closed doors, meaning that the media is excluded and no friends, family members or US embassy staff are allowed in to support him.

Putin has indicated that Russia is open to the idea of a prisoner exchange involving Gershkovich and others, claiming that contacts with the US have taken place, but that they must remain secret.

The US has in turn accused Russia of conducting “hostage diplomacy”.

It has designated Gershkovich and another jailed American, security executive Paul Whelan, arrested in Moscow for espionage in 2018, as “wrongfully detained”, thereby committing the government to assertively seek their release.

In its statement, the US Embassy said Russia should stop using people like Gershkovich and Whelan “as bargaining chips”. “They should both be released immediately,” it said.