I Defended A Homeless Pregnant Woman For Armed Robbery. She Went Into Labor Seconds Before The Jury Read Her Guilty Verdict. Now The Feds Are Waiting Outside Her Delivery Room With Shackles.
A few days later Dr. Beckwith scheduled Nadia for a postpartum checkup at the clinic. She examined both mother and baby carefully. The baby had gained weight properly since birth. All his measurements were normal. Nadia’s body was recovering well from delivery. Dr. Beckwith watched how Nadia held her son during the exam, how she responded when he cried, how she soothed him naturally. The bond between them was obvious and strong. Dr. Beckwith wrote in her medical notes that keeping them together appeared to be supporting both their health. She told Nadia she was doing a good job and to keep it up.
60 days after the custody order, we all appeared before Judge Conway for the scheduled review hearing. I sat next to Nadia in the courtroom. Laya presented her report first: full compliance with every requirement, clean apartment, healthy baby, no violations. Clementina spoke next about Nadia’s participation in the program: perfect attendance, engaged in classes, following all rules. The prosecutor confirmed that restitution payments had started as agreed. Judge Conway looked at Nadia and said he was pleased with her progress, but he made it clear the intensive supervision would continue. He scheduled the next review for 90 days out. All current conditions stayed in place.
A few weeks later the prosecutor showed up at a community roundtable I organized with several advocacy groups. The topic was maternal incarceration and alternative sentencing. About 30 people attended including social workers, lawyers, and formerly incarcerated mothers. The prosecutor sat in the back at first, but when the discussion started about how the system handles pregnant women and new mothers, he raised his hand. He didn’t apologize for prosecuting Nadia’s case, but he talked about what he learned from it. How sometimes the standard approach isn’t the right answer. How keeping families together when it’s safe can serve justice better than automatic separation. We had a good conversation, professional, respectful, even though we had been on opposite sides in court.
3 months after Nadia grabbed my arm outside my office at midnight, my phone buzzed with a text. It was from Nadia. A photo appeared on my screen. Her son was smiling for the first time. His little face was bright and happy. The message said, “Thank you for believing in her when nobody else did.”
I texted back right away, “Congratulations on the milestone,” but I also reminded her that tomorrow brought another day of check-ins and compliance requirements. The work wasn’t over.
I sat at my desk for a minute looking at that photo. We kept a mother and baby together when the system was designed to separate them. Sometimes fighting for one person makes all the difference in the world. But I knew the next three months would be just as hard as the first three. Nadia still had years of probation ahead, years of supervision and scrutiny. One mistake could still cost her everything.
