Ohio was embroiled in a heated argument regarding abortion laws when Brittany Watts, who was 21 weeks and 5 days pregnant, started experiencing the passing of large blood clots.

Reworded: Watts, who was 33 years old, had not informed her family about her pregnancy. She visited a doctor’s office for the first time during her pregnancy at Mercy Health-St. Joseph’s Hospital in Warren, a blue-collar city approximately 60 miles (100 kilometers) southeast of Cleveland.

The physician stated that although there was still a fetal heartbeat, Watts’ water had ruptured earlier than expected and the unborn baby would not survive. He recommended going to the hospital to have her labor induced, which would essentially be a way to terminate the nonviable pregnancy. Without this intervention, she would be at “significant risk” of death, as documented in her case file.

It was a September Tuesday when the events unfolded. Over the course of three days, there were multiple visits to the hospital, Watts experiencing a miscarriage at home and disposing of the remains in the toilet, a subsequent police investigation, and ultimately, Watts (who is Black) being accused of abuse of a corpse. This offense falls under a fifth-degree felony charge, carrying a potential sentence of one year in prison and a fine of $2,500.

The case was referred to a grand jury in the previous month. This has sparked widespread controversy regarding the way pregnant women, particularly Black women, are treated following the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling which overturned Roe v. Wade. Civil rights lawyer Benjamin Crump brought attention to Watts’ situation in a post on the app X (formerly known as Twitter) and donations exceeding $100,000 have been raised through GoFundMe to support her legal fees, medical expenses, and therapy for trauma.

The topic of whether individuals seeking abortion should be subject to legal consequences is a controversial issue among those who oppose abortion. However, following the Dobbs decision, pregnant women such as Watts, who were not seeking an abortion, are now being charged with offenses related to their pregnancies. Grace Howard, an assistant professor of justice studies at San José State University, stated this trend is increasing.

She stated that Roe v. Wade previously prevented felony charges for unintentional harm to pregnancies, as women were legally permitted to have abortions. However, with the absence of Roe, this obstacle is now completely removed.

According to Michele Goodwin, a professor of law at the University of California, Irvine and the author of “Policing The Womb,” these efforts have consistently focused on Black and brown women.

Prior to the reversal of Roe, research indicates that Black females seeking prenatal care at hospitals were 10 times more prone to have child protective services and law enforcement contacted, compared to white females, even if their situations were comparable, according to the speaker.

After the Dobbs ruling, there has been a sense of chaos and unpredictability, according to Goodwin. She observes a trend of district attorneys and prosecutors demonstrating their power by aggressively pursuing cases of women who go against the values set by the state legislature. Goodwin refers to Black women as the first to experience the effects of stricter policing from healthcare providers, law enforcement, and courts, now that abortion is no longer protected at a federal level.

In the state of Texas, Republican Attorney General Ken Paxton effectively defended against a lawsuit by Kate Cox, a white mother, who sought permission to bypass the strict abortion law due to her fetus having a fatal condition.

At the time of Watts’ miscarriage, abortion was legal in Ohio through 21 weeks, six days of pregnancy. Her lawyer, Traci Timko, said Watts left the hospital on the Wednesday when, coincidentally, her pregnancy arrived at that date — after sitting for eight hours awaiting care.

According to Timko, the reason for the delay was due to hospital officials discussing the legal implications. She mentioned that they were concerned about whether the procedure would be considered an abortion and if they were allowed to perform it.

During that period, there was intense campaigning in Ohio regarding Issue 1, a proposed amendment to include the right to abortion in the state’s constitution. A few of the advertisements were strongly criticizing late-term abortions, with opponents arguing that the amendment could lead to the reinstatement of “partial-birth abortions” and allow for pregnancy terminations up until birth.

The hospital did not return calls seeking confirmation and comment, but B. Jessie Hill, a law professor at Case Western Reserve University School of Law in Cleveland, said Mercy Health-St. Joseph’s was in a bind.

“These are the razor’s edge decisions that health care providers are being forced to make,” she said. “And all the incentives are pushing hospitals to be conservative, because on the other side of this is criminal liability. That’s the impact of Dobbs.”

Watts had been admitted to the Catholic hospital twice that week with vaginal bleeding, but she left without being treated. A nurse told the 911 dispatcher that Watts returned no longer pregnant on that Friday. She said Watts told her, “the baby’s in her backyard in a bucket,” and that she didn’t want to have a child.

According to Timko, Watts denies mentioning that her pregnancy was unwanted. Instead, she states that it was unexpected, but she had always desired to have a child for her mother. Her lawyer suggests that Watts may have simply not wanted to retrieve the dead fetus from the bucket that contained blood, tissue, and feces from her clogged toilet.

During Watts’ preliminary hearing, she stated to Warren Municipal Court Judge Terry Ivanchak that a 33-year-old woman with a clean record was being vilified for something that occurs regularly.

Prosecutor Guarnieri informed Ivanchak that Watts had gone to a hair appointment after experiencing a miscarriage, resulting in a clogged toilet. Subsequently, law enforcement discovered the fetus lodged in the pipes.

According to TV station WKBN, Guarnieri stated to the judge that the concern is not about the timing or cause of the child’s death. Rather, it is about the disturbing fact that the baby was placed in a toilet, which caused it to become clogged, and then left there while the mother continued with her day.

During the court proceedings, Timko showed an obvious displeasure at Guarnieri’s suggestion.

In an interview, she stated that it is evident that you do not understand the situation. She implied that Watts was feeling scared, anxious, and traumatized as a result. She explained that Watts is trying to protect her mother and does not want to have her hair done. She wants to stop the excessive bleeding and begin the process of grieving for her unborn child after the recent events.

Diane Barber, the primary lawyer for the county’s department of child assault protection, serves as the chief prosecutor in the case against Watts.

The barber mentioned that she is unable to discuss the details of the case but mentioned that the county was obligated to proceed with it after it was transferred from municipal court. She also stated that she does not anticipate a verdict from the grand jury this month.

She stated that approximately 20% of the cases do not result in an indictment and therefore do not progress.

During Watts’ preliminary hearing, the size and stage of development of her fetus was brought into question as it marked the point where abortion became illegal in most cases.

A forensic investigator from the county reported sensing something that resembled a small foot with toes in Watts’ toilet. The police took possession of the toilet and dismantled it in order to collect the fetus intact as evidence.

The testimony and autopsy results showed that the unborn baby passed away inside the womb before being born. The examination did not find any recent signs of abuse.

Ivanchak recognized that the case was complex.

“I am not the most qualified individual to determine the precise legal classification of this fetus, corpse, body, birthing tissue, or whatever it may be,” he stated during the hearing. “In fact, I assume that is the main focus of Issue 1 – determining when something reaches viability.”

Former prosecutor Timko stated that the abuse-of-corpse law in Ohio is unclear. It forbids any actions that would cause offense to reasonable family or community morals when dealing with a deceased human body.

According to her, there is no legal definition of the term “corpse.” She posed the question, “Can a person be considered a corpse if they never breathed?”

Howard emphasized the importance of understanding which aspects of Watts’ actions could be considered criminal.

“She stated that this is a significant step for the rights of individuals who are capable of pregnancy. The miscarriage was a normal occurrence. I am curious to hear the prosecutor’s thoughts on what she believes should have been done. It is absurd and intrusive to expect individuals to gather and transport used menstrual products to hospitals in order to confirm a miscarriage.”

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This story clarifies that the case was referred to a grand jury in the previous month, not in the previous week.