Florida AG seeks judge’s impeachment after baby drowning COVID insanity acquittal
Florida Attorney General James Uthmeier and local lawmakers are seeking to impeach a judge who acquitted a woman on a historic COVID-linked insanity plea.
Miami-Dade Circuit Judge Miguel de la O acquitted Precious Bland, who was charged with manslaughter and two counts of attempted murder in the first degree after she allegedly drowned her 15-month-old daughter and stabbed her husband and another child.
Bland’s attorneys argued that she suffered a psychotic break caused by COVID-19 and, therefore, was unable to understand the consequences of her actions. According to her defense, Bland was experiencing hallucinations and believed she was being instructed to baptize her family members.
During the 2021 incident, Bland was yelling that "Jesus Christ is coming and COVID is going to kill us all," her husband told police, according to a copy of the arrest report obtained by Fox News Digital.
STORE OWNER HELD WITHOUT BOND FOR 3 YEARS ACQUITTED OF MURDER IN TEEN'S SHOOTING DEATH
"The defendant insisted that everyone needed to be baptized and that she was going to baptize everyone in the bathtub," the report read.
The police report details a harrowing scene where Bland instructed one of the children in the home to retrieve a knife, but the child claimed to not know why.
Bland then allegedly stabbed her husband several times during a struggle, and he "along with his four other children, ran out of the residence in fear for their lives and he contacted the police," the report read.
Bland's older daughter, in an attempt to grab the baby away from the defendant, "sustained a stab wound to her forearm during the struggle," the report continued.
The girl "then ran out of the residence in fear for her life. Officers arrived on the scene, made entry into the residence, and placed the defendant into custody," the report said.
Officers located the baby "face down, unresponsive, inside the bathtub filled with bloody water," according to the report.
De la O sided with the defense, acquitting Bland on all three counts and allowing her to return to her home ahead of a future hearing to decide on her treatment options. Uthmeier called the judge's decision unacceptable.
FEDERAL JUDGE WHO HAD SEX IN CHAMBERS APOLOGIZES TO FORMER CLERK AS IMPEACHMENT PUSH RAMPS UP
"In a bench trial — where the judge made the decision, not a jury — he allowed a woman off on an insanity defense after she drowned her baby. He cited insanity related to COVID. This is unacceptable," Uthmeier told Fox News Digital in an interview.
"I believe we have impeachment provisions in our state constitutions for a reason. The federal government has similar authorities, but we don't see judges getting impeached in modern times. So, I believe this is wrong. We're going to be pushing hard to work with our legislature to hold some of these judges accountable. I believe they're violating their oath and endangering our citizens," Uthmeier told Fox News Digital.
Uthmeier also revealed that he was exploring impeachment options for a number of other judges as well, disclosing to Fox News Digital that he was working with other Florida legislators on the matter.
FEDERAL JUDGE WHO HAD SEX IN CHAMBERS APOLOGIZES TO FORMER CLERK AS IMPEACHMENT PUSH RAMPS UP
"I've already had some Florida legislators reach out, excited to work with me on articles of impeachment, and hopefully get some of these dangerous people off the bench," he told Fox News Digital.
"We have taken a big interest in judges that we believe are exceeding their authority, abusing discretion, or acting in a way that jeopardizes public safety. We've already called for impeachments in a couple of other judicial cases: a judge in Tallahassee who let a convicted child predator go free — a guy where a jury found him guilty of a child sex offense, and he then murdered his five-year-old stepdaughter. There's a case in Miami where a judge let the defendant out on bail after he shoved rocks in a girl's mouth as she was being raped," Uthmeier explained.
Bland’s attorney, Larry Handfield, said he believed the ruling was the first successful COVID-related insanity defense in the country.
"This was COVID," Handfield told NBC6 South Florida.
"It's a woman who served our country for five years," he said, referring to Bland's five years in the U.S. Navy.
Handfield said she was "living the American dream until COVID came. She didn't ask for COVID."
Uthmeier also said he believed this was one of, if not the, first ruling of its kind.
"I am not aware of this having happened before. I certainly have not read through all of the transcripts from the proceeding, but to me, anybody who drowns their daughter should not be released. To the extent that insanity is going to weigh in on things, I believe it should factor into where you are housed for your incarceration, not give you a ‘get out of jail free’ card where you're just allowed to walk scot-free and put other people in danger. If somebody truly has serious mental defects where they need treatment or help in some way, so be it, but they should get that help behind a barred hospital — some sort of mental institution where they are confined and not able to go free and walk the streets again," Uthmeier said.
The Florida attorney general also said he believed the ruling was part of a "national trend" of federal judges overstepping.
"I think all of us as leaders in this country need to wake up and realize that the impeachment and removal of judges is something under the Constitution that can be pursued. And until we do it — until we reject their abuse of authority — they're going to continue to have credibility when they do these wayward things. So, I'm going to be pushing impeachment very often and loudly over the next year," he concluded.
The court appointed forensic psychologist Dayra Bodan to determine whether or not Bland’s degree of insanity warranted involuntary hospitalization. Bland is slated to have another hearing on July 6 to determine treatment options.
Fox News Digital contacted Bland's attorney but did not receive a response. The 11th Judicial Circuit of Florida, where Judge de la O presides, told Fox News Digital "judicial ethics canons do not permit comment on pending cases."
