Ohio Grand Jury Declines to Indict Woman Arrested After Having a Miscarriage

AP Photo/Ted S. Warren

An Ohio grand jury has declined to indict Brittany Watts, a 34-year-old woman who became embroiled in a contentious legal battle after she had a miscarriage in a bathroom.

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Watts’ story came to light after she was arrested when she miscarried at 22 weeks of pregnancy. In her moment of distress, she tried to flush the remains down the toilet, which led to her being charged for abusing a corpse. The case drew widespread outrage and painted a troubling picture of a woman grappling with the trauma of a miscarriage, only to find herself facing prosecution.

The grand jury issued a no bill in the case of Brittany Watts, 34, who was facing a fifth-degree felony abuse of a corpse charge following a miscarriage she had in September.

The case sparked outrage from abortion rights and women’s rights groups.

Investigators said they found a baby stuck in a toilet at her home Sept. 22, which is when Watts was charged. Police said she was trying to plunge the toilet.

Watts’ case has been used as a political weapon against the pro-life crowd despite the fact that she did not have an abortion.

Britney Watts suffered the miscarriage at 22 weeks of pregnancy when she was using the restroom, and tried to flush the remains down the toilet.

A Warren mother accused of abuse of a corpse involving the handling of the miscarriage of her 22-week-old fetus will have her case heard by a Trumbull County grand jury following a Thursday hearing.

Brittany Watts, 33, of Tod Avenue NW, faces a single charge of abuse of corpse, a fifth-degree felony. During an arraignment in Warren Municipal Court earlier this month, Watts pleaded not guilty to the charges.

Warren Assistant 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.

Guarnieri said the toilet had to be removed by police and taken to the Trumbull County Coroner’s Office. The fetus was about 22 weeks old when the incident took place on Sept. 22.

He argued in favor of having the case move forward, with which Warren Municipal Court Judge Terry Ivanchak agreed, determining there was probable cause for the case to be bound over to the grand jury.

Guarnieri said the state did not have to prove viability, citing a section of Ohio Revised Code 2927.01 that reads, “no person, except as authorized by law, shall treat a human corpse in a way that would outrage reasonable community sensibilities.”

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The grand jury’s decision came as a relief to Watts and her supporters. The fact that the baby had already died before passing through the birth canal played a critical role in shaping the jury’s perspective.

Rep. Ted Lieu (D-CA) cynically exploited Watts’ case to score some political points against those who oppose abortion. In a post on X, formerly known as Twitter, the lawmaker deceptively implied that the authorities sought to charge her for having a miscarriage.

Watts’ legal battle played out against the backdrop of Ohio’s new abortion laws which were passed after Roe v. Wade was overturned by the U.S. Supreme Court, which is the reason some Democrats used her story to attack conservatives.

Nevertheless, it appears justice was done in this case as Watts’ actions did not appear to be malevolent. Indeed, it seems she was trying to deal with the aftermath of losing her child. Still, the facts of this case will not stop those seeking to weaponize her plight against those who support life.

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