Shackles too much, pregnant inmate says

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Eight months pregnant

OKANOGAN — A pregnant inmate charged with first-degree murder is asking a judge to prohibit the Okanogan County Corrections Center from shackling her while walking for the remainder of her pregnancy, and when she gives birth.

Tansy F. Mathis, 30, is in her eighth month of a high-risk pregnancy, according to her Republic attorney, Stephen Graham.

Putting her in shackles risks the possibility that she will fall and hurt herself or her unborn child, court documents state.

Mathis is charged in Okanogan County Superior Court with three other defendants in the March 1 killing of 25-year-old Michelle Kitterman and her unborn child. Kitterman was pregnant when she was beaten, stabbed in her stomach, and left to die on a remote road south of Tonasket.

A lawsuit filed by Mathis in the same court Thursday claims jail officials will not ensure that she will not have to wear shackles when she gives birth to her daughter. She also claims that she’s had to wear shackles to doctor visits, walk long distances to the hospital entrance with leg-irons that restrict her movement to very short steps and have her hands chained to her sides, making her unable to catch herself if she trips and falls.

Mathis was arrested March 26, and has been in jail since, awaiting trial. She has no criminal history, the lawsuit said.

Court documents say she requires an operation due to a complication in the pregnancy.

In a declaration filed with the lawsuit, Graham said he asked Okanogan County’s Chief Corrections Deputy Noah Stewart to sit down with him and Mathis’ doctors to discuss the use of shackles during childbirth, but Stewart refused.

Stewart was not available Friday afternoon to comment.

The lawsuit also asks a judge to prevent the jail from posting male guards in her delivery room and during surgery, or from using any restraints other than handcuffs while she walks and is still pregnant.

The suit states that Amnesty International and the American College of Obstetrics and Gynecologists have both said that women should not be restrained during labor because of the need to be mobile, and that the use of shackles to transport pregnant women to medical facilities can put the mother and unborn child at risk due to the potential of falling.

Mathis claims she told jail staff immediately after she was arrested that she was pregnant, but they did not believe her, according to a declaration she filed with the lawsuit. She claims it took more than two months to get a pregnancy test, which confirmed her pregnancy.

“Much of the care I received at the Okanogan County jail has been well-intentioned, and I appreciate that most of the jail staff has treated me decently and with professionalism,” the declaration concluded.

Graham asked for the case to be heard soon, due to the urgent nature of the matter.

K.C. Mehaffey: 997-2512

mehaffey@wenatcheeworld.com

Comments

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Goldy (G oldy) says...

Wow! What incredible irony in this whole thing. This inmate is afraid of falling and causing herself bodily harm, even though her victim was pregnant when brutally beaten and stabbed then left alongside a road. So, she wants consideration for her pregnancy, even though she didn't have any consideration for her victim?
I hope her unborn child will never have to meet this insane mom. God bless the child. I can see why they shackled her, and do agree at this stage in her pregnancy, she shouldn't be shackled except when being transported. She's working the system, and I think she'd make a run for it, endangering the life of her unborn child herself.

November 7, 2009 at 12:48 p.m. ( | suggest removal )

jethro (who cares) says...

Rules are rules. There should not be acception for this cold blooded murder. Yes i see a problem if she falls or whatever, but there is a solution for the problem. Here we go............ still shackle her and handcuff her, but put her in a ......... WHEELCHAIR. There I said it, yup thats right a goll dern WHEELCHAIR. Lawsuit settled.. and i am not a lier, oops, i mean a lawyer...

November 7, 2009 at 1:05 p.m. ( | suggest removal )

francis (benny hill) says...

How about an officer walking beside her as to catch her if she feels like she is going to fall.Problem solved.

November 7, 2009 at 3:34 p.m. ( | suggest removal )

Stacy85 (stacy stanaway) says...

a wheelchair was EXACTLY what I was thinking as well...she can still be shackled, as she should be, and with no risk of falling....duuuuh...but, of course we can't leave it up to the genius courts nor lawyers to figure that one out.

November 7, 2009 at 7:02 p.m. ( | suggest removal )

Cactus (Jerry Patterson) says...

It took about ten seconds of reading the article for me to think "wheelchair". Seems to be a pretty common concensus most of us have figured out. So why didnt she or her attorney think of it? I also sincerely hope that on cross examination...prosecutors ask her in open court, why she felt this request was necessary. (Answer: because she is pregnant). I hope they then ask her...did YOU make accomodations to make your pregnant victim comfortable, and to mitigate her risks, while you were beating and stabbing her to death? How ironic that the person behind a double murder wants people to consider her well being. Gag.

November 7, 2009 at 8:31 p.m. ( | suggest removal )

Simone_Williams (Simone Williams) says...

I think this woman deserves shackles. She didn't give her victim the option for life or death or to accomodate her victim during her pregnancy. A wheelchair would be the common sense thing, but you know dang well they didn't "think" of it because now why in the world would people like her "think" of the common sense answer to a problem.

November 8, 2009 at 4:28 p.m. ( | suggest removal )

justme (just me) says...

WOW...accomodations!!! are you kidding me "you killed" or "assisted in killing" (to be politically correct) a young woman and her unborn child. Now you are worried about your child, should've thought about that when those other pigs came up to you with this bright idea. You deserve nothing less than what you're experiencing now. And as for all those people who are going to play the "rights" card - I truly believe you lose all rights when you participate in something so gruesome as murder!!!!!!

November 9, 2009 at 8:53 a.m. ( | suggest removal )

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