Becker has been in jail since November of 2019 and is currently awaiting trial. Her bail is set at $5 million. The superior court denied Becker’s motion to dismiss the charges in June.
“We will work to end the prosecution and imprisonment of Ms. Becker so we can focus on applying this law to those who put the lives of pregnant women in danger.”
Becerra added that he believed the law was “misapplied and misinterpreted” and argued in the brief that a woman cannot be prosecuted for murder as a result of her actions leading to a loss in pregnancy.
He also refers to Penal Code section 187 which he said should not be used to punish women who cannot, because of addiction or a lack of resources, practice prenatal health. The code’s intention was also not to “punish women who might be in desperation seek to end their pregnancies,” according to the brief.
Kings County District Attorney Keith L. Fagundes told CNN his office was not notified that the Attorney General would be filing an amicus brief.
“This case is not about a stillbirth, it is a case about a mother’s overdose of a late term viable fetus,” Fagundes said.
“I appreciate the Attorney General’s opinion, and can only conclude that he has not been properly briefed on the facts of this case, has not read any police report nor has he reviewed the medical information involved in this particular case.”
CNN’s Chandler Thornton, Harmeet Kaur, and Stella Chan contributed to this report.