The manslaughter conviction of an Oklahoma woman who experienced a miscarriage is drawing widespread condemnation from advocacy groups and beyond, with many pointing to this “shameful” turn of events as the latest example of a dangerous precedent being reinforced.
21-year-old Brittney Poolaw, per the Associated Press, was sentenced to four years in prison earlier this month after being convicted of first-degree manslaughter. While an autopsy of the fetus is reported to have tested positive for methamphetamine, there remains “no evidence” that any meth use was the cause of the miscarriage.
Instead, per National Advocates for Pregnant Women (NAPW) executive director Lynn Paltrow, the miscarriage—as shown in the autopsy—could have been caused by congenital abnormality and placental abruption. Furthermore, the fetus was determined to be between 15 and 17 weeks old, meaning it wouldn’t have viably survived outside the womb. A miscarriage or early pregnancy loss is defined as when an embryo or a fetus dies in the womb prior to the 20-week mark.
In an extended statement, the NAPW called the prosecution and conviction of Poolaw “shameful and dangerous,” noting that both occurred despite “all medical science” not supporting either.
“Not even the medical examiner’s report identifies use of controlled substances as the cause of the miscarriage,” an NAWP rep said. “Even with this lack of evidence, the prosecutor moved forward with the charge. On October 5, after just a one-day trial, Ms. Poolaw was convicted and sentenced to a four year prison term.”
This case, the rep added, “is a tragedy” and has seen Poolaw being subjected to the trauma of a pregnancy loss while also having to be jailed during a pandemic. Moving forward, the NAWP will be offering support to Poolaw as she explores legal options. Per CBS News, an attorney for Poolaw filed a notice of intent to appeal on Oct. 15.
Complex has reached out to a rep for the NAWP, as well as to Poolaw’s court-appointed attorney and the Comanche County District Attorney’s office, for additional comment. This story may be updated.
The NAWP’s statement is far from the only example of this troubling conviction being called out. Below, see more, including focus on the case as part of a larger problem of criminalization tactics being used against Indigenous women.
