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DA Drops Self-Abortion Charges Against Washington Heights Mother

By DNAinfo Staff on January 3, 2012 1:19pm  | Updated on January 3, 2012 4:47pm

By Carla Zanoni and Shayna Jacobs

DNAinfo Reporters/Producers

MANHATTAN CRIMINAL COURT — Prosecutors have dismissed a rare charge against a Washington Heights woman accused of aborting her 24-week-old fetus by drinking a herbal tea.

Prosecutors said Tuesday that there was not enough evidence to support the self-abortion charge against Yaribely Almonte, 20, who was hit with the misdemeanor count after her fetus was found by the superintendent of her 191st Street building on Nov. 29.

On Tuesday, Almonte arrived at Manhattan Criminal Court with her mother and father, where she was given a letter saying the district attorney's office was dismissing her charges.

Almonte, who could have faced up to a year in prison if convicted, had been issued a desk appearance ticket by police the day of the incident and was allowed to remain free without bail pending her January court appearance, authorities said.

Almonte's aunt said the young woman moved to Providence, R.I. to live with her father following the incident.

"I'm thrilled the new year has started with this," said Maria Almonte, Yaribely's aunt, said from the family's Washington Heights apartment, following the court appearance. "It's been a nightmare."

Maria Almonte added that her niece has been "distraught" ever since the incident, and that she "regrets the decision" that she made.

"She was under the influence of a friend and wouldn't have done this on her own," she said.

Almonte, who has a three-year-old daughter, told investigators she'd taken an herbal tea before delivering the fetus, which was stillborn.

The city medical examiner's office said that they are still conducting tests and have not yet determined the cause of death.

The case revealed the common but little-known use of a naturopathic "remedy" known as hierba de ruda that is sold for about $3 in many storefront botanicas in upper Manhattan. The tea, made of a plant called ruta graveolens, is touted as a way to induce miscarriages.

The self-abortion charge is a rarely used legal statute that can be used in instances when a woman induces a miscarriage. 

Under the law, women who allegedly terminate pregnancies at more than 24 weeks are charged with an A misdemeanor, which can carry up to a year in jail.

Prosecutors could also choose to charge a woman with a B misdemeanor, which carries a lesser penalty.

It was not clear when the last case of self-abortion was brought in New York City, however, the AP reported that there have only been four people charged with self-abortion since 1980 statewide, according to statistics from the state Criminal Justice Services Division.