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PEMBROKE PARK, Fla. (Local10) – What may be a precedent-setting question was in a lawsuit filed in South Florida last week.

The suit argues for the first time for the rights of an unborn child in a question having nothing to do with abortion. In this case, it’s about the unborn child being in jail.

A video at the center of the case shows a group of people in Miami riding in an Uber just before 1 of them fires a gun killing Gladys Yvette Borcela, 28.

The accused, Natalia Harrell, 24, is now in jail on murder charges & about to give birth.

At issue now for the Third District Court of Appeals, the mother who is a Miami-Dade County inmate is asking to be released from jail because the unborn child within her is not charged with any crime.

The attorney making the extraordinary argument for an unborn child to be released from jail, William Norris says: 

“We’re looking for the opportunity of the unborn child to be developed and born ultimately in a safe environment, not the environment that it is in right now, which is dangerous,” said Norris.

Miami-Dade County Corrections released a statement which read:

“Miami-Dade County Corrections and Rehabilitation partners with Jackson Health System to provide healthcare to the inmates in our custody & we are committed to ensuring all inmates receive professional, timely medical care & all appropriate treatment.

“We are conducting a full review of the health services offered & received to ensure that all pre-natal care being provided in our custody is appropriate.”

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