On Monday, after spending four years incarcerated, Perez had her case dismissed by the district attorney
Photo: Hans Neleman/Getty Images On December 31, 2017, then-29-year-old Adora Perez was booked into a California jail. Less than 48 hours earlier, she had gone into labor, delivering a stillborn son she named Hades. But while she was grieving her baby, her doctors were calling the police. The local district attorney charged Perez with murder, alleging that she had killed her unborn child by using meth during her pregnancy .
Just weeks after Texas implemented its six-week abortion ban last September, California announced that it would become a “reproductive-freedom state.” More than 40 reproductive-rights organizations joined together to form the California Future of Abortion Council, which issued 45 policy recommendations that California should implement to truly become a reproductive-freedom state. One of those recommendations: “Protect people from prosecutions and criminalization of abortion or pregnancy loss.
But Perez didn’t spend the past four years incarcerated on murder charges: She had been convicted, instead, of manslaughter. During one of her earliest hearings, Kings County district attorney Keith Fagundes entered a count of voluntary manslaughter as part of a plea bargain; rather than pleading guilty to murder, which could have resulted in a life sentence, Perez could plead guilty to manslaughter and face a maximum sentence of 11 years.
Over the past two years, Perez’s attorneys worked to reopen an appeal that would allow her to contest the fact that she had been charged with murder in the first place. In March 2022, the Kings County Superior Court ruled that Perez should never have been convicted of manslaughter and vacated her sentence. However, it determined that Perez would need to stand trial on the original murder charges.
In a press release, Perez’s attorneys explained that the charges were dropped because the district attorney had not identified a medical expert to testify that methamphetamine use had caused her stillbirth. Despite common misconceptions, addiction-medicine providers say that drug use during pregnancy does not cause stillbirths.
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