District Attorney Keith Higgins, who is overseeing the case against Moore, also did not appear convinced that the 31-year-old should be imprisoned for the medication abortion she had last December. He told the judge that "whatever bond the defendant can make that will allow her to get out of jail is appropriate," and noted that police in Kingsland, Georgia had brought charges against Moore without his office's support.
Higgins said he was not ready to drop the murder charge altogether, but said he was also not prepared to present the case to a grand jury.
Moore had been in jail for about two weeks when the hearing took place. Investigators in Kingsland accused her of “unlawfully and with malice aforethought [causing] the death of Baby Girl Moore.” In addition to malice murder they charged her with possession of a controlled substance and a dangerous drug.
She was rushed to Southeast Georgia Health Center on December 30 after experiencing severe abdominal pain. Court records showed Moore told the medical staff she had taken about eight pills of misoprostol, a pill that can be used for medication abortion, and oxycodone for pain. She went into labor at the hospital and delivered a baby who was determined to be in the second trimester of development. The baby was declared dead about an hour after birth.
She said she had bought the medication online and believed herself to be less than 14 weeks pregnant.
The Kingsland Police Department did not specifically cite Georgia's six-week abortion ban—which the state Supreme Court has allowed to remain in effect despite a Superior Court ruling that permanently enjoined the ban and found it unconstitutional—but The New York Times reported that documents supporting the department's arrest warrant "echoed aspects of the ban, including saying that 'the baby was well beyond six weeks of conception.'"
The police said Moore was charged with murder because “the victim became a person at the moment of live birth.”
Higgins acknowledged in court that the malice murder charge may not meet "factual and merit" standards, and both Blackerby and Kelly Turner, Moore's defense attorney, noted that Georgia law prohibits the criminalization of someone who has induced an abortion on themself.
The Current, a Georgia-based outlet, also reported that "privacy issues" are likely to be scrutinized in court if the district attorney continues to pursue the case.
"A security guard at Southeast Georgia Health Center in St. Marys called police after medical staff said that Moore had ingested abortion medication and the infant was older than six weeks, according to police records, which also cited Moore’s previous abortion history," reported The Current.
Turner argued in court that Moore legally procured the misoprostol and noted that her blood tests and hospital records did not show Oxycodone in her system.
"Today’s decision is a reminder that justice is not served by accusation alone," said Don Plummer, press officer for the Georgia Public Defender Council, which is representing Moore.
Author and advocate Jessica Valenti of Abortion, Every Day emphasized after Moore's arrest that the murder charge shows how states that have criminalized abortion care are "getting much more explicit" about the anti-choice movement's desire to punish women for obtaining abortions—even though in the past, laws have typically avoided prosecuting them.
The district attorneys of Georgia's four largest counties pledged in 2019, after the passage of the Living Infants Fairness and Equality Act, that they would not prosecute people who obtain abortions.
Since Roe v. Wade was overturned in 2022, women in states including Kentucky, Ohio, and South Carolina have faced charges for obtaining abortion care and for suffering pregnancy loss. An Ohio woman sued medical providers last year for conspiring with police to fabricate a criminal case against her; she had been charged with felony abuse of a corpse after having a miscarriage, but a grand jury declined to indict her.
"I really hope that people are paying attention to this," said Valenti of the attempt to bring charges against Moore. "They really are counting on us being too overwhelmed to act, so it's incredibly, incredibly important that we let them know we're paying attention."
