David Prater, Oklahoma County District Attorney
Oklahoma County District Attorney’s Office
320 Robert S. Kerr Ste. 505
Oklahoma City, OK 73102

June 25, 2007

Dear Mr. Prater:

As medical, public health, and child welfare advocacy organizations and as physicians, health care professionals, medical ethicists, midwives, child-welfare advocates, public health advocates, researchers, and as members of the community, we are greatly concerned about the arrest and prosecution of Theresa Lee Hernandez for first degree murder based on the fact that she suffered a stillbirth at 32 weeks of pregnancy.

South Carolina: Leading The Nation in the Prosecution and Punishment of Pregnant Women

Recent Arrests and Convictions

• July 2006, Gaffney: Hannah Lauren Jolly, 20 was charged with “unlawful child neglect” based on the claim that her newborn baby tested positive for marijuana and cocaine. Jolly relinquished her newborn to nurses at a hospital and was therefore protected from prosecution for abandonment by Daniel’s Law, also known as the Abandoned Babies Act.