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.

Judge Brener spoke up then. He said he agreed that accountability was important, but the question before him right now wasn’t what punishment Nadia deserved for her crime. That would be decided in the criminal case. Right now he needed to determine what served the best interest of the child who was about to be born. Those were two separate questions. He asked the prosecutor directly whether removing a newborn from its mother immediately after birth truly served the child’s interests or whether it was really about punishing the mother.

The prosecutor was quiet for a moment. Then he said his office’s position was that children need stable environments and mothers facing prison cannot provide that. Judge Brener said that was a fair point but didn’t answer his question about immediate separation versus supervised placement.

A new voice joined the call. Clementina introduced herself as the director of the residential program. She thanked the judge for allowing her to participate. She started describing how her program worked. She explained that mothers lived in supervised apartments within a secure facility. There was 24-hour staff presence on site. All residents had to attend mandatory counseling sessions twice a week. They took parenting classes three times a week. They participated in group therapy. They received job training assistance to help them prepare for independence. Every resident wore a GPS ankle monitor that tracked their location at all times. Staff could conduct random home visits without warning. Any violation of the rules resulted in immediate consequences up to and including removal from the program.

Clementina said she had reviewed Nadia’s case file that Jude sent her. She was willing to accept Nadia into the program immediately after hospital discharge if the court approved. But she wanted to be clear: this was a chance to prove herself, not a guarantee of keeping custody. Nadia would need to demonstrate full compliance with every requirement. Any failure would result in the baby being removed.

Clementina said her program had a strong success rate, but only for mothers who were truly committed to following the structure. The prosecutor spoke again. He raised concerns about costs. He asked who would pay for this program. Taxpayers shouldn’t have to fund housing for criminals.

Clementina responded calmly. She explained that her facility was funded through a combination of private grants and sliding scale fees based on ability to pay. Mothers who had income paid a portion; mothers who had nothing paid nothing. Nadia would qualify for the no-cost tier given her current circumstances. The program didn’t rely on taxpayer funding.

Judge Brener asked whether the program could accommodate a mother who might be facing additional court dates and legal obligations. Clementina confirmed they worked with the court system regularly. Residents often had probation requirements or ongoing legal cases. The program ensured compliance with all legal obligations. Transportation to court dates was provided. Staff attended hearings when needed. She said the structure was designed to support mothers in getting their lives together while meeting all their legal responsibilities.

Through the consultation room wall, I suddenly heard a sound that made my whole body freeze. A baby crying, high-pitched and strong. My heart stopped for a second before my brain caught up. Nadia had just given birth right then while I was on this phone call. Dr. Beckwith’s voice carried down the hallway saying it was a boy.

The weight of this hearing crashed down on me all over again. We weren’t talking about hypothetical situations anymore. There was a real child who had just entered the world, a real baby boy who needed his mother.

The crying continued and I realized everyone on the phone call could hear it too. The line went completely silent for a moment. Judge Brener spoke and his voice was different now, quieter, more serious. He said he could hear that the baby had been born. He paused for another few seconds. Then he said he was going to issue a temporary order right now. The baby would remain with Nadia in the hospital under the 48-hour medical hold that Dr. Beckwith had recommended. CPS would be present for monitoring during that time.

He was scheduling a full hearing with all parties present in his courtroom in 36 hours. At that hearing, he would make a final determination about custody. He wanted detailed proposals from everyone about supervision plans, safety measures, and contingency plans if problems arose. He told the prosecutor to coordinate with CPS. He told me and Jude to work with Clementina on a comprehensive placement plan. He said everyone should be prepared to present their best arguments in 36 hours because he would be making a decision that would affect this child’s entire life.

The judge warned us that he expected professionalism and thorough preparation. Then he ended the call.

I hung up and ran down the hallway toward Nadia’s room. My legs felt like they weighed 100 lbs each but I kept moving. Through the door window, I could see her propped up in the hospital bed holding a tiny bundle wrapped in blue blankets against her chest. Her face was wet with tears, but she was smiling down at the baby with this look I’d never seen on anyone before: pure love mixed with complete terror.

Dr. Beckwith stood at the foot of the bed writing notes on a clipboard. She glanced up when I pushed through the door and raised her eyebrows in a silent question. I gave her a small nod and mouthed the words “36 hours” while pointing at my watch. She nodded back and returned to her notes.

Nadia looked up at me with red swollen eyes. Her hair was stuck to her forehead with sweat, and she looked like she’d just run a marathon. But she was cradling her son like he was made of glass. The baby made these tiny squeaking sounds and moved his little fists around. I walked over and looked down at his wrinkled red face. He was so small, maybe 6 lbs. His eyes were closed and his mouth kept opening and closing like he was trying to figure out what to do with it.

Nadia touched his cheek with one finger and fresh tears rolled down her face. She didn’t say anything. Neither did I. What was there to say? We’d bought her some time, but the fight was just starting.

A woman in navy blue pants and a white blouse appeared in the doorway holding a tablet and a messenger bag. She had short brown hair and glasses and looked to be in her 40s. She knocked softly on the door frame even though it was already open. Laya Parker from CPS. She’d been on the phone call with Judge Brener.

She stepped into the room and introduced herself to Nadia in a calm, gentle voice. She explained that she needed to do an initial check to see how things were going. Nadia nodded and held her baby a little tighter.

Laya pulled a chair over and sat down next to the bed. She started asking questions about feeding plans and where Nadia thought she would sleep and who could help her with the baby. Her tone wasn’t mean or accusing, just matter of fact, like she was trying to gather information. I stood against the wall and kept my mouth shut. This was Nadia’s chance to speak for herself.

Nadia answered each question clearly. She said she wanted to try nursing. She said she knew babies needed to sleep on their backs. She said she didn’t have family but she was hoping the program Clementina ran would teach her what she needed to know.