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WARREN -- After recent objections from groups, including the Ohio Physicians for Reproductive Rights calling for Trumbull County Prosecutor Dennis Watkins to drop the case against Brittany Watts, the prosecutor released a statement Tuesday afternoon explaining the grand jury process.
In the letter, the prosecutor summarizes the legal proceedings to-date in the case of Watts, 33, a Warren woman facing indictment by the Trumbull County grand jury regarding the handling of her 22-week-old fetus, which she miscarried into her toilet.
Following a preliminary hearing in Warren Municipal Court, where forensic pathologist Dr. George Sterbentz testified that Watts' fetus was "nonviable," having died before passing through the birth canal, national media attention has been focused on Watts and a municipal court judge's decision to bind the case over to common pleas court.
Watkins, in his letter, states that the Ohio Criminal Justice System provides, "checks and balances with more screening of charges involving more hearings by different entities."
The prosecutor wrote that Trumbull County has hundreds of cases that originate at the municipal level and are bound over to the Trumbull County grand jury for a hearing to determine whether there is "sufficient evidence to indict," those accused.
Watkins explains that county prosecutors are "duty bound" to follow Ohio law and the instruction of law the common pleas court follows in the presenting of felony criminal cases to a grand jury.
The prosecutor goes on to explain that a true bill, or indictment, needs "seven or more of nine jurors," to determine if there is sufficient evidence for a case to proceed to trial. During the hearings, the grand jurors hear testimony, with jurors able to ask questions throughout the prosecutor's presentation before making a final determination.
Watkins explained the hearings, unless there's "good cause," generally are not public, but are recorded by law when publicized.
Watkins said his office will present every case with "fairness," as the prosecutor's office carries out an "obligation" to see the accused is "accorded justice" and their innocence, decided on the basis of "sufficient evidence."
Watkins states the duty of his office is to allow the defense to present evidence and allow those accused the chance to be heard before a grand jury.
"Trumbull County grand juries, over many years, have returned 'no bills' in approximately 20% of the cases considered," Watkins wrote.
The letter comes amid growing media attention on Watts' case and a day after Dr. Lauren Beene, Ohio Physicians for Reproductive Rights executive director, released a statement requesting Watkins drop the abuse of a corpse charge against Watts.
"As citizens, we are outraged that the criminal justice system is being used to punish Ms. Watts who, like thousands of women each year, spontaneously miscarried a nonviable fetus," OPRR said in a letter to Watkins. "As physicians, we are deeply concerned that your actions will deter women who miscarry from obtaining the medical attention they need and deserve. ... We have no doubt that women facing the threat of jail time and hefty fines will conceal the fact that they have miscarried and refuse to seek treatment. That means the continued prosecution of Ms. Watts will place the lives and health of those women at risk."
The OPRR teamed with Ohioans for Reproductive Rights on Issue 1, which ensures access to abortion and other reproductive health care.
Beene argues it was wrong for the nurse caring for Watts and hospital administrators to call Warren police, wrong for the officers to "invade" Watts' home while she was at the hospital, wrong for the city law director to move that she be bound over to the grand jury and wrong for Warren Municipal Court Judge Terry Ivanchak to grant Guarnieri's motion.
"Prosecutor Watkins has the opportunity to be the first law enforcement official to do the right thing since this incident began," Beene said. "It's an opportunity he should seize immediately."
The letter addressed to Watkins also was shared with Warren Mayor Doug Franklin, Law Director Enzo Cantalamessa and the members of city council.
Watkins declined to answer questions about OPRR's stance, saying the prosecutor's office does not comment on pending grand jury cases.