IN THE CIRCUIT COURT OF OKTIBBEHA COUNTY, MISSISSIPPI STATE OF MISSISSIPPI VERSUS. CAUSE NO.:2018-028 LATICE FISHER DEFENDANT MOTION FOR APPOINTMENT OF EXPERT ‘The State of Mississippi (“the State”) requests that this Court enter an order allowing it to retain expert witnesses in the fields of toxicology and fetal medicine / obstetrics. In support of its motion, the State would show unto the Court the following: 1. Defendant Latice Fisher (“Defendant” or “Fisher”) has been indicted by the Oktibbeha County Grand Jury for second degree murder. Specifically, the Grand Jury charged Fisher with killing her infant child while in the commission of an act eminently dangerous and evincing a depraved heart. A copy of the Indictment is attached as Exhibit One. 2. Upon information and belief, the factual basis for the murder charge includes the following facts: a. On April 28, 2017, at 12:51 a.m.,, Charles Fisher, Jr. (Defendant’s husband) called 911 and requested emergency assistance. According to the 911 log, the husband reported that his wife, Latice Fisher, had possibly delivered a baby at their home. Upon arrival, the EMT found the baby still in the toilet, covered with feces and blood, with the umbilical cord still attached to Fisher, who was sitting on the toilet seat above the baby. Fisher told the EMT that she had just delivered the baby. Fisher told the EMT that she did nor know that she was pregnant. Fisher Page 1 of 5told the EMT that she had started cramping around 7:00 p.m., and that she thought she simply needed to have a bowel movement. The EMT clamped and cut the umbilical cord and Fisher walked to the ambulance and was placed on a stretcher. The EMT removed the baby from the toilet and assessed its condition. The EMT noted that the baby appeared to be greater than 35 weeks in gestation, and that it weighed approximately 6 pounds. ‘The baby showed no signs of life, had no heartbeat, and was blue in coloration. See OCH Prehospital Care Report at | (Fisher 0113), b. Fisher was taken to Oktibbeha County Hospital (“OCH”) for treatment, While at OCH, the nurse noted that the baby showed no signs of life, and noted that the baby had not been wiped off or stimulated in any way. When questioned by the OCH nurse, Fisher admitted that she knew she was pregnant and had been aware of the pregnancy for at least one month. Fisher admitted that her pregnaney had been diagnosed during an annual gynecological exam a month earlier, but she failed to make any followup appointments for ultrasound pregnancy dating, or any other type of prenatal care, Fisher said that earlier that evening, she believed that she had to have a bowel movement, sat down on the toilet, and then began cramping and bleeding. She told the nurse that she had been on the toilet for three hours while her husband slept downstairs. Fisher stated that the baby was delivered into the toilet at about midnight, and that the baby made no attempt to cry or move. When asked why she did not immediately call for help or come to the hospital, Fisher stated “I thought I just needed to have a bowel movement.” Fisher said that after the baby had delivered, she did call her husband, and that he called 911. See OCH RN Robertson Notes at 1-2 (Fisher 0020-21). 911 records show that Fisher called her husband at 12:49 a.m., and that he called 911 at 12:51 a.m. See 911 Report (Fisher 0025). Page 2 of 5©. _Anautopsy was performed by the Mississippi State Medical Examiner’s Office. Initially, the medical examiner noted that there was no identifiable evidence of external or internal traumatic injury that would have caused or contributed to Baby Fisher's death. The doctor’s examination further confirmed that the baby died due to asphyxiation, most likely due to a. combination of positional asphyxia and mechanical asphyxia, and further found that drowning could not be ruled out with certainty. See Autopsy at 4 (Fisher 0017). 4. When Fisher was interviewed about how the events occurred, Fisher admitted that she didn’t want any more kids, that she couldn't afford any more kids, and that she simply couldn’t deal with being pregnant again. See Latice Fisher Interview at 34:00. She also admitted that she had done an internet search related to how to have a miscarriage. Id. at 44:00. Fisher's cell phone memory and data were then downloaded (“dumped”), including but not limited to Fisher's past internet activity. Upon review of that internet activity, the State learned that on April 17, 2017, well into Fisher’s third trimester, Fisher researched “buy abortion pills, mifeprisone online, misoprostol online,” and “buy Misoprostol Abortion Pill Online”and had apparently purchased misoprostol immediately subsequent to these searches. See Latice Fisher Cellular Phone Dump (Fisher 141-168). Misoprostol is a medication that is used off-label for a variety of indications in the practice of obstetrics and gynecology, including medication abortion, ‘medical management of miscarriage, and induction of labor. See, e.g. Rebecca Allen, M.D. & Barbara O'Brien, M.D., Uses of Misoprostol in Obstetrics and Gynecology, vol. 2, No.3 Reviews in Obstetrics & Gynecology 159 (2009). According to available medical literature, misoprostol is approved for use in a medical abortion for pregnancies up to 49 days in gestation Itis also cited as an option in the medical management of miscarriage and for inducing labor Page 3 of 5during the second trimester for fetal death or termination of pregnancy. /d. at 164. Finally, misoprostol is known to be effective for inducing labor with a viable fetus, and is even more effective that oxytocin for inducing vaginal delivery within 24 hours. Id. at 165-66. 3. The State needs to retain the services of a toxicologist and a fetal medicine / obstetrics specialist to determine the effects of misoprostol on a late-stage pregnancy, such as Fisher’s, and to provide testimony regarding how the use of the abortion pill during such a late stage pregnancy affected the baby and Fisher's delivery of the baby in a toilet. Given the possible expense of having to retain two separate specialists in these fields, the State believes it appropriate to request authorization of these expenses in advance of actually incurring them. WHEREFORE, PREMISES CONSIDERED, the State asks that this Court authorize it to retain the services of a toxicologist and fetal medicine / obstetrics specialist in order to prosecute this case, The State asks for such further relief as this Court may find just and proper. Respectfully submitted, ee Mare D. Amos Assistant District Attomey 16" Judicial District State of Mississippi MSB No. 9557 mamos@msda16.org Page 4 of SCERTIFICATE OF SERVICE 1, Mare D. Amos, Assistant District Attorney for the 16" Judicial District of the State of Mississippi, hereby certify that on this, the /% day of _-@4ex. 520 £81 have filed and have further served a true and correct copy of the foregoing ' An we. Spars po by transmitting it to the attorney/party by electronic means, electronic return receipt requested, and/or via the Mississippi Electronic Court System, to the following: Mark G, Williamson, Esq. P.O. Box 1545 Starkville, MS 39759 illiamson( ‘om Mare D. Amos’ Assistant District Attomey 16" Judicial District State of Mississippi MSB No. 9557 BEA CO SS D oO FILED ® FEB 13 2018 ‘ADs tomeyFsber, ate Motion For Appintneat of ape Witneses- Revised pe Page 5 of 5SECOND DEGREE MURDER (§97-3-19) ‘STATE OF MISSISSIPPI CIRCUIT | SOUR COUNTY OF OKTIBBHEA no, 2018-0028-C4 JULY TERM 2017 RECONVENED JANUARY 3, 2018 THE GRAND JURORS of the State of Mississippi, taken from the body of the good and lawful men and women of said County, duly elected, empaneled, swom and charged, atthe Term aforesaid of the Court aforesaid, to inquire in and for the body of the County aforesaid, in the name ‘and by the authority of the State of Mississippi, upon their oaths present, that: LATICE FISHER Inte of the County aforesaid, on or about the 28" day of April, 2017, in the County and State aforesaid, unlawfully, willfully, and feloniously, while in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual, did kill BABY FISHER, human being, without authority of law and not in necessary self-defense, in violation of §97-3 19 MCA (1972) as amended; contrary to the form of the statutes in such cases made and Provided, and against the peace and dignity of the State of Mississippi ATRUE BILL CB ie hte ICT A’ ty FOREMAN OF THE JURY gst - DISTRI Filed) dayof__Jan uary__, 2018, _Tony M. Rook Circuit Clerk Recorded - day of 2018 Tony M, Rook Circuit Clerk ty DC. EXHIBIT Ont Sate v. Laie Fisher ‘00