Two Durham teens charged in an alleged medication abortion attempt appeared in court Wednesday morning. The case centers on a 31-week birth at home and has drawn attention to North Carolina abortion law.
Syeisha Johnson, 18, and Elijah Speight, 19, were arrested Tuesday, six days after police say Johnson gave birth in a toilet at her home. The baby regained a pulse after firefighters performed CPR and was taken to the hospital.
Johnson faces multiple charges, including assault with a deadly weapon with intent to kill. Speight is charged with negligent child abuse inflicting serious bodily injury.
During the first appearance, Judge David Hall set bail at $1,000 secured for each teen. The judge noted neither had a criminal background and neither posed a danger to the community.
Assistant Public Defender Barbara Lagemann said the law exempts pregnant women from prosecution for assault on their own unborn child. She also said Johnson called 911 after the birth and did what parents should do.
On the assault charge, Lagemann argued the law requires the alleged victim to be living at the time of the assault.
Durham County District Attorney Satana Deberry said she had not yet reviewed the evidence. She said she believes a woman has the right to make decisions about her own body and would review the case in that light. She supported the bail amount.
This case happened in Durham, North Carolina, not in California. It is being carried by outlets like the Hanford Sentinel because it touches on abortion access, teen pregnancy and criminal justice.
North Carolina law allows abortion up to 12 weeks, with exceptions for rape, incest, life-limiting fetal abnormalities and medical emergencies. Minors need parental permission, and Johnson turned 18 in June, according to her arrest warrant.
Search warrants say Speight told officers the couple learned of the pregnancy in June, when Johnson was about 20 weeks along. He said Johnson ordered pills online and started taking them a few days before the birth.
The case is still in its early stages. The district attorney will review police reports, court documents and medical evidence before deciding whether to move forward with the charges.