Rock Hill woman who had baby girl in toilet seeks bail. Will SC judge free her?
A South Carolina woman accused of attempted murder after police and prosecutors said she tried to have an abortion before the baby was born alive in a toilet has asked a judge to let her out on bail.
Jocelyn Nicole Byrum, 20, has been jailed without bail since November when Rock Hill police arrested her days after the baby girl was born. The child remains in an intensive care unit at a hospital, officials said.
The girl was born prematurely Nov. 12 at 27 weeks. Police and prosecutors say Byrum took a medication for an abortion before the child’s birth. They also claim she knew the child was alive after it was born but did not help the child. A family member called 911 and emergency crews arrived, officials said.
Prosecutors said in York County criminal court Thursday that her actions led to the baby’s birth , and she can’t get pregnant if she stays jailed.
But Byrum’s lawyers say the facts and the law are not clear in the case, and she is no threat to the public nor a flight risk if granted a $40,000 bond.
Visiting Judge Eugene Griffith did not decide on bail Thursday after the hearing.
“I did not expect to hear this, this morning,” Griffith said in court. “Incredible, and thankful the child is alive.”
Defense: Police and prosecutors “demonizing” Byrum
Byrum did not speak in court. In addition to attempted murder, she also is charged with unlawful conduct towards a child and faces as much as 40 years prison if convicted of both charges.
Her lawyers are Todd Rutherford and Zach Merritt.
Pregnancy and abortion were crucial parts of the hearing Thursday.
Rutherford, a South Carolina legislator since 1999, said for almost 30 years the General Assembly has been working on “how to deal with a woman and her health care.”
“This is a case the legislature has been trying to deal with for years, now all of a sudden we’ve got facts that may or may not meet the definition,” Rutherford told Griffith.
Merritt, of MLB law firm, said Byrum’s family is dealing with “a tumultuous and politically salacious prosecution.”
“Difficult legal questions, difficult factual questions, difficult scientific questions are everywhere in this case,” Merritt said.
Merritt said police and prosecutors continue to try to “demonize” Byrum’s actions. He told Griffith emergency responders also were at the house for 10 minutes before they took the baby from the toilet.
“The reality is this is an unattended home birth,” Merritt told Griffith.
Prosecutors: “The community is very concerned”
Byrum allegedly took a picture of the baby in the toilet after initially telling emergency officials the baby was not alive, Rock Hill police detective Tayler Englert said. Several Rock Hill police officers and other officials connected to the case and child attended the hearing.
“The community is very concerned about Ms. Byrum’s conduct,” prosecutor Daniel Porter said. “The child was born into a toilet of her own machinations.”
The child could have died and what happened shows Byrum’s “callousness toward human life,” Porter said. Byrum also sent an email two days ago from jail to another person saying she would get drunk if released, Porter told the judge.
Griffith stopped Porter and said, “I got it. I am very aware that child was left in a commode. The commode is cold. No aid, no care. Horrible. I got it. It is shocking, absolutely shocking.”
Kevin Brackett, York County’s top prosecutor who has been the elected solicitor for almost 20 years, then told the judge if Byrum stays in jail, she cannot get pregnant.
“I can guarantee you she won’t be getting pregnant if she is in our detention center,” Brackett said. “I think that’s the best place for her to stay.”
What happens now?
Byrum remains at the York County jail pending Griffith’s ruling on bail. It remains unclear when he will rule or if she will be freed pending trial.
A magistrate judge ruled last month that prosecutors could move the case forward to a grand jury to seek indictments. In South Carolina, a trial can only be held if a person has been indicted by a grand jury.
