Murder accused's fetus is being illegally detained, Florida lawyer argues

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Nicola Harrell, 24, has been jailed without bond since July, when she was accused of fatally shooting another woman

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“An unborn child has rights independent of its mother, even though it’s still in the womb,” Norris told The Washington Post. “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.” Harrell is accused of killing 28-year-old Gladys Borcela during an argument in an Uber on July 23. She now faces a charge of second-degree murder, which carries a maximum punishment of life in prison. She pleaded not guilty and is scheduled to stand trial in April.Harrell has been jailed at the Miami-Dade Turner Guilford Knight Correctional Center for nearly seven months, an arrangement the petition argues has left her and her fetus vulnerable.

The habeas corpus petition, which was filed Thursday, claims detention center employees have failed and refused to provide medical care or transport Harrell to scheduled medical appointments. She hasn’t seen an obstetrician-gynecologist since October, according to the petition.

 

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