SafeX Pro:Ohio woman who suffered miscarriage at home won't be charged with corpse abuse

An Ohio woman who faced a criminal charge after she suffered a miscarriage at home will not be SafeX Proindicted, a grand jury decided Thursday, dismissing a case that was denounced by reproductive rights advocates.

The Trumbull County grand jury declined to return an indictment for abuse of a corpse against Brittany Watts, 34, of Warren, Ohio, the county prosecutor's office said. Watts had been charged with felony abuse of a corpse after she miscarried last September and passed her nonviable fetus in her bathroom, according to a report from the Trumbull County Coroner’s Office.

Watts faced a $2,500 fine and up to a year in prison. But with Thursday's decision, the case has been dropped.

Watts' attorney, Traci Timko, thanked the public for its outpour of love and support, including "countless" emails, letters, calls, donations, and prayers for her client.

"Justice has been served... While the last few months were agonizing for Brittany, the grand jury has spoken and she is vindicated!" Timko said in a statement Thursday. "While Brittany's fight for freedom is over, she stands with women everywhere and will use her story and experience to educate and push for legislation to insure no other woman in the State of Ohio will have to put healing from grief and trauma on a back burner to fight for her freedom and reputation."

Watts' case ignited widespread criticism nationwide and fear among reproductive rights advocates who said it was an overreach of the law to charge Watts. Since the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade, pregnant people across the country have been grappling with new state laws limiting access to reproductive health care.

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Brittany Watts visited hospital three times during week of miscarriage

Watts had visited Mercy Health-St. Joseph's Hospital in Warren, about 60 miles southeast of Cleveland, three times in four days due to vaginal bleeding before her miscarriage, according to the Trumbull County Coroner’s Office's report.

At just 21 weeks and 5 days into her pregnancy, she was first admitted into the hospital on Sept. 19, 2023, and diagnosed with "premature rupture of membranes and severe oligohydramnios" — meaning she had exceptionally low amniotic fluid after her water broke prematurely. While a fetal heartbeat was detected, medical staff had told Watts she was carrying a nonviable fetus and it was recommended to have her labor induced because of a "significant risk" of death, according to the report.

Abortions are currently legal in Ohio until fetal viability, around 22 to 24 weeks of pregnancy. It is banned after that point except if the pregnant person's life is in danger or the pregnant person's physical health needs to be preserved.

Following delays and other complications, according to Timko, Watts was unable to receive treatment from the hospital. After she miscarried, hospital staff notified the Warren Police Department, which launched an investigation.

"Brittany stated to police that she had taken the fetus out of the toilet and placed in it a black bucket. She then told police that she put the remains near the garage in the backyard," the coroner’s office report said. "Near the side of the garage, next to a large trash can, there was a pile of tissue, blood, and what appeared to be paper towels in the weeds."

An autopsy later determined the fetus died in utero because of severely low amniotic fluid.

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'I have to continue to fight'

Thursday's decision was announced hours before about 150 supporters gathered for a “We Stand With Brittany!” rally in Warren. During the rally, Watts was among several speakers who addressed the crowd.

"I want to thank my community — Warren. Warren, Ohio. I was born here. I was raised here. I graduated high school here, and I'm going to continue to stay here because I have to continue to fight," she said.

Numerous reproductive rights groups and activists expressed relief Thursday at the case’s outcome, including Ohio Physicians for Reproductive Rights, which lobbied against Trumbull County Prosecutor Dennis Watkins to drop the charge against Watts.

The group had said the charge conflicted with the state's amendment protecting access to reproductive health care that was passed last November. On Thursday, the group called the criminalization of reproductive outcomes a “dangerous trend.”

“It not only undermines women’s rights but also threatens public health by instilling fear and hesitation in women seeking necessary medical care during their most vulnerable moments,” President Dr. Marcela Azevedo said in a statement.

Contributing: Anthony Robledo and Kate Perez, USA TODAY; The Associated Press