At a Glance
- Judge vacates 18-year sentence for Brooke Shoemaker.
- New trial ordered after evidence shows stillbirth caused by infection, not drug use.
- Alabama leads nation in pregnancy-related prosecutions.
- Why it matters: The ruling highlights how science can overturn harsh sentences tied to pregnancy loss.
In a landmark decision, an Alabama judge has ordered a new trial for Brooke Shoemaker, who had been sentenced to 18 years in prison for the stillbirth of her unborn child. Attorneys argued that an infection-not methamphetamine use-caused the loss, and the court agreed, vacating the 2020 conviction.
Judge’s Ruling and Evidence
Lee County Circuit Judge Jeffrey Tickal vacated Shoemaker’s 2020 conviction for chemical endangerment of a child resulting in death. He cited credible new evidence that an infection was the cause of the stillbirth.
The judge noted that if the facts had been known and presented to the jury, the outcome could have differed.
Judge Tickal stated:
> “Should the facts had been known, and brought before the jury, the results probably would have been different.”
- 2017: Stillbirth at 24-26 weeks.
- Shoemaker admitted methamphetamine use during pregnancy.
- Medical examiner found meth in fetus bloodstream but listed cause of death as undetermined.
- Attorneys’ expert review indicated a genetic abnormality and severe infection caused the demise.
Reactions and Legal Context
The decision was welcomed by Karen Thompson, legal director of Pregnancy Justice, who said there was never a factual basis for the charges.
Karen Thompson remarked:
> “The judge really recognized the validity of science. One of the problems that we see in these kinds of cases across the country is there’s not any desire or need to prove any harm.”
Shoemaker, speaking through Pregnancy Justice, expressed hope for release.
Shoemaker said:
> “I’m hopeful that my new trial will end with me being freed, because I simply lost my pregnancy at home because of an infection. I loved and wanted my baby, and I never deserved this.”

Prosecutors are appealing to the Alabama Court of Criminal Appeals, and Shoemaker remains incarcerated during the appeal.
District Attorney Jessica L. Ventiere defended the prosecution, saying the office remains committed to justice for the baby.
Jessica L. Ventiere stated:
> “Our office stands firmly by the investigation and prosecution of this case. We remain committed to seeking justice for this baby and to pursuing accountability through the legal process.”
Alabama’s chemical endangerment law, originally aimed at meth labs, has been used to prosecute pregnant women, a practice upheld by the 2013 Alabama Supreme Court.
| Event | Date |
|---|---|
| Stillbirth | 2017 |
| Conviction | 2020 |
| New trial order | Dec. 22, 2023 |
Key Takeaways
- Judge Jeffrey Tickal vacated an 18-year sentence for Brooke Shoemaker.
- New evidence links stillbirth to infection, not drug use.
- Alabama’s legal framework continues to prosecute pregnant women for chemical endangerment.
The ruling underscores the importance of scientific evidence in criminal cases involving pregnancy loss.

