OHIO, USA — The story of a northeastern Ohio woman is getting national attention after her miscarriage in September led to a grand jury's decision to indict her for a felony charge of abuse of a corpse.
Brittany Watts was 22 weeks and one day pregnant when she miscarried in the bathroom of her home in Warren.
Days earlier, a doctor told 33-year-old Watts that her fetus had a heartbeat, but the pregnancy was non-viable. When she went back to receive medical treatment after the miscarriage, this time a nurse called the police, after Watts came back bleeding and no longer pregnant, according to court documents.
WTOL 11 spoke with an Ohio attorney Scott Ciolek about this case for his professional opinion on some of the grey areas, including how the specific charges would apply.
"The prosecutor believes that you have treated a human corpse in a way that would outrage a reasonable member of the community," Ciolek said. "The designation of fetal remains and its relation to a corpse isn't specifically addressed."
Watts did go to the hospital twice, and both times she walked out before receiving treatment.
When she ended up miscarrying in her bathroom, the fetal remains became stuck in the toilet. She later went to the hospital for treatment while officers went to her home and found the toilet clogged and the fetus wedged in the pipes.
"I don't think, necessarily, if you asked the prosecutors in the state of Ohio how they should have handled this exact situation if it had happened to them, that they'd be able to tell you exactly what they were supposed to do," Ciolek said.
Ohio voted to enshrine abortion rights into the state's constitution in November and the language does cover the topics of contraception, abortion and miscarriage care. Yet, Watts' case isn't about abortion but aligns with the amendment's coverage of reproductive rights.
Ciolek agreed this case could set a legal standard for others going forward.
"The rhetoric that surrounds this abortion debate is evoked in this discussion about the ambiguities of the law and how this type of situation could be handled," Ciolek said. "I think it will set a precedent for Ohio, and provided they don't change the language of the statute."
Watts entered a plea of not guilty to felony abuse of a corpse charge, which carries a sentence of up to a year in jail and a $2,500 fine.
Her next court appearance has not yet been set.
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