23 February 2023 , 22:54
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A pregnant prisoner has argued that her unborn baby should be released from jail when she gives birth - as the mum-to-be awaits trial for murder.
Natalia Harrell was arrested, accused of fatally shooting mum-of-three Gladys Yvette Borcela, 28, during an argument last summer.
The 24-year-old, from Florida, USA, was just six weeks pregnant at the time when the dispute took place in an Uber taxi.
She still awaits her trial but is now claiming her unborn child is being unlawfully detained.
Meanwhile her lawyers have argued that staff at the Miami-Dade Turner Guilford Knight Correctional Centre, where she is being held, are endangering the child through a “lack of reasonable and necessary prenatal care”.
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Harrell’s attorney, William Norris, has tried to argue that the foetus has rights of its own as an emergency petition has been launched.
Yvette Borcela was shot dead in an Uber after a night out (Gladys Yvette Borcela/Facebook)Arguing to free the unborn tot, he told The Washington Post: "An unborn child has rights independent of its mother, even though it’s still in the womb.
"The unborn child has been deprived of due process of law in this incarceration. You simply have to have the unborn child as a factor in the equation."
In a filing, Mr Norris wrote: "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 State has placed the UNBORN CHILD in such inherently dangerous environment by placing the UNBORN CHILD in close proximity to violent criminal offenders."
Yvette, pictured, and Natalia had gotten into a heated argument (Gladys Yvette Borcela/Facebook)Mr Norris has previously said that Harrell should be released so she can receive proper medical treatment in the run up to giving birth.
He added, in his filing, that his client has not had an OBGYN appointment since October, which makes it hard to determine how far along the pregnancy really is and when to expect the child to be born.
Harrell pleaded not guilty to murder with the petition adding that she acted in self-defence “in fear of her life and the life of her unborn child”.
Harrell herself has previously said that she thinks she should be released from jail as her “unborn child is innocent”.
The shooting took place after the duo had left a bar in Miami and Harrell claimed Borcela lunged at her.
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Miami-Dade Turner Guilford Knight Correctional Center where the pregnant woman is being held (Google Streetview)William M. Norris previously said in an emergency writ: "'UNBORN CHILD has not been charged with any crime by the State. 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."
He also claimed the “draconian confinement” was damaging the unborn child as it was depriving him of vitamins and access to specialist healthcare.
But Miami-Dade Corrections officials hit back at the plea and said all inmates are treated with professional help.
In a statement it said: "Miami-Dade County Corrections and Rehabilitation partners with Jackson Health System to provide healthcare to the inmates in our custody, and we are committed to ensuring all inmates receive professional, timely medical care and all appropriate treatment.
Yvette's mother has sworn not to stop until she gets justice for her dead daughter (Gladys Yvette Borcela/Facebook)"We are conducting a full review of the health services offered and received to ensure that all pre-natal care being provided in our custody is appropriate."
But the victim’s mother has slammed Harrell’s campaign and said she won’t stop until she gets justice.
Yvette Rivera wrote on Facebook : "Natalia Harrell Killed My Daughter. And Now Is Trying To Get A Get Out Of Jail Free Card.
"Where Is The Justice In Miami Florida Dade County!! I Will Not Fall I Will Not Fail Till This Is Resolved #JusticeForGigi."
The mum added she wants "justice for her three children."