Rights group: Watkins’ response is disappointing
NAACP also calls for dismissal of charges in miscarriage case
WARREN — The Ohio Physicians for Reproductive Rights (OPRR) on Friday voiced its “disappointment” toward a letter sent out by Trumbull County Prosecutor Dennis Watkins late Tuesday stating he’s “duty bound” to present a case to a grand jury, charging Brittany Watts, 34, with felony abuse of a corpse after her September miscarriage.
“Prosecutor Watkins knows he has the power to drop the charges against Ms. Watts,” OPRR Executive Director Dr. Lauren Beene said. “We believe he has an obligation to explain why he refuses to use it.”
Watkins’ office sent out the letter amid growing media attention and calls for the prosecutor to drop the charges leveled against Watts.
In its second response to Watkins released Friday, the reproductive rights group lashes out at Watkins’ “unfounded assertion” that he’s legally obligated to present the case to a grand jury, in light of the “principle of prosecutorial discretion” as per Ohio and federal law, the group stated.
A letter signed by more than 90 prosecutors in 2022, pledging against prosecuting those who violate “draconian” anti-abortion laws in Ohio and across the country after the U.S Supreme Court’s Dobbs decision, dealt a major blow to the pro-choice movement, as it handed the decision back to the state level.
The reproductive rights group was one of the largest backers of a citizens-rights initiative recently passed in Ohio, which enshrined the right to an abortion into Ohio’s constitution.
The group quoted from the letter, “Prosecutors are entrusted with immense discretion. With this discretion comes the obligation to seek justice. And at the heart of the pursuit of justice is the furtherance of policies and practices that protect the well-being and safety of all members of our community.”
The prosecutor’s office declined to make further comments on the matter.
MINORITY LEADERSHIP JOINS OPPOSITION
On Friday, the Minority Leadership of Trumbull and Ashtabula Counties, which includes the Trumbull NAACP, Ashtabula NAACP, Trumbull County Interdenominational Ministerial Alliance and the Warren / Youngstown Urban League, joined the OPRR in calling for the charges against Watts to be dismissed.
“The NAACP has been made aware of egregious civil rights violations against Ms. Brittany Watts,” the letter states. “This case is a prime example of the inequities that lie within our health care and judicial systems. The following details outline areas of concern regarding Ms. Brittany Watts’ civil rights.”
The list includes:
• A pre-existing health condition that could have increased the chance of a non-viable fetus.
• Denial of adequate and pertinent care.
• Complications that may result from lack of immediate care and outcome of the trauma.
• Violation of HIPAA or patient rights in terms of privacy.
• Failure to provide mental health support and after care.
• Charges of abuse of a corpse when the fetus was non-viable.
“We are calling on the prosecutor’s office to withdraw / dismiss all charges in the case of Brittany Watts.”
The letter is signed by Annette McCoy, Trumbull NAACP president / Ohio State Conference 3 vice president; Liz Penns, Ashtabula County NAACP president; Pastor Joseph Walker, president of the Trumbull County Interdenominational Ministerial Alliance; and Tom Conley, president and CEO of the Warren-Youngstown Urban League.
BACKGROUND
Watts’ story started receiving national attention after Attorney Ben Crump, who retweeted Watts’ story to his 600,000 followers on the social media platform X, formerly known as Twitter, and it received more than 40 millions views, with many people voicing their outrage.
A GoFundMe account, established with the help of Watts’ attorney, Traci Timko, has since exceeded its $100,000 goal, raising about $184,810 since its launch weeks ago.
On Sept. 22, 2023, Watts, 22 weeks into her pregnancy, told Warren police detective Nick Carney that she “felt the baby come out and there was a big splash,” while using the restroom that morning.
City prosecutor Lewis Guarnieri said the police investigation found that Watts miscarried the baby while using the restroom and tried to plunge and flush the remains down the toilet, where it got stuck in the pipes.
Hours after being admitted to the hospital, Warren police removed the toilet from Watts’ home and took it to the Trumbull County Coroner’s Office, who then had to chisel away at the pipes to remove the fetal remains, according to Guarnieri.
During an early November court hearing, the court heard from forensic pathologist Dr. George Sterbenz, whose testimony concluded that Watts’ water had broken early and the fetus was “nonviable,” because the baby was too young to be delivered.
Sterbenz testified that no injuries had been committed to the fetus, further stating that the fetus had died naturally before passing through the birth canal.
The case was bound over to common pleas court by Warren Municipal Judge Terry Ivanchak after the hearing.
A decision still awaits following a hearing before the grand jury that will determine whether to indict Watts.
