Lawyers File Motion to Dismiss Charges Against Woman Whose Fetus was Killed in Fight
Lawyers for a Jefferson County woman who was charged last week with manslaughter in the death of her 5-month-old fetus filed a motion to dismiss on Monday.
White, Arnold & Dowd P.C. say the charges against Marshae Jones are “completely unreasonable and unjust.” In December, Jones and another woman, Ebony Jemison, got into a fight outside a Dollar General in Pleasant Grove. Jemison shot Jones in the stomach, killing the fetus, and was charged with manslaughter, but a grand jury failed to indict her, believing that Jemison shot in self-defense. On April 12, the Jefferson County Bessemer Cutoff grand jury indicted Jones, saying she “intentionally caused the death of … unborn baby Jones by initiating a fight knowing she was five months pregnant.” Last week, Jones was arrested and charged with manslaughter.
In an interview with WBHM, Attorney Mark White said the ruling was manipulated and unprecedented.
“The motion to dismiss contains multiple grounds showing that the indictment is defective, in that you cannot charge a person with manslaughter, as it’s alleged in this indictment,” White says.
The Associated Press reports the motion also argues that the state is not legally allowed to prosecute Jones under Alabama law. While a 2006 state law allows homicide charges to be brought when a fetus or embryo is killed, a section of that law also notes that the provision does not authorize prosecution of a “woman with respect to her unborn child.”
University of Pennsylvania law professor Dorothy Roberts is the author of the book “Killing The Black Body: Race, Reproduction, And The Meaning Of Liberty.” In an interview with NPR’s Michel Martin, Roberts said Jones’ prosecution is the latest development in a trend that started in the late 1980’s when prosecutors began charging women for crimes for using drugs during pregnancy.
“That has spread out to include prosecutions of women who commit all sorts of conduct during pregnancy that harms a fetus. It’s included attempting suicide. It’s included driving drunk. It’s included botching self-induced abortions,” Roberts says. “And many of us are saying it’s gotten to a point where pregnancy itself is being criminalized because so many things that someone does while pregnant can be the basis of a criminal prosecution.”
Jefferson County Bessemer Cutoff District Attorney Lynneice O. Washington says her office is still deciding whether to prosecute Jones. On Friday, Washington said they were considering options ranging from manslaughter to completely dismissing the charges. In the meantime, a hearing on the dismissal request has been scheduled for July 9.
Editor’s Note: Marshae Jones is represented by White Arnold & Dowd PC, a corporate sponsor of WBHM, but our news and business operations work independently.
White, Arnold & Dowd P.C. Motion to Dismiss Manslaughter Charges Against Marshae Jones by Miranda Fulmore on Scribd
Trump is leaving the G7 early to focus on the Middle East
Trump will leave Canada Monday night after having dinner with the G7 leaders, his press secretary Karoline Leavitt, said. He had originally been slated to leave Canada on Tuesday evening.
What does Juneteenth mean to you? We want to hear your story
NPR wants to know how you feel about celebrating Juneteenth at this moment in history
Supreme Court faces new headwinds with roughly two weeks left in the term
Some 20 cases remain to be decided—about a third of the total argued cases--many of them the most important of the term. But the shadow docket — with its own list of cases — looms over the other opinions.
Israel claims control of Iran’s skies, but Tehran is managing to hit back
Israel says it has largely knocked out Iran's air defenses. In contrast, Israel still has strong air defenses in place, though some Iranian missiles are breaking through with lethal results.
Trump Administration could impose a travel ban on dozens more countries
A State Department memo says dozens of countries have until Wednesday morning to come up with a plan to address some U.S. concerns, or face travel restrictions.
The darter fish and the data center
A newly identified species is already in danger of extinction. A proposed massive data center in Bessemer would “nuke” its habitat, scientists say.
