Florida Attorney General James Uthmeier, alongside local legislators, is advocating for the impeachment of a judge who acquitted a woman based on a novel insanity plea linked to COVID-19.
Miami-Dade Circuit Judge Miguel de la O found Precious Bland not guilty of manslaughter and two counts of attempted first-degree murder. Bland had been accused of drowning her 15-month-old daughter and stabbing both her husband and another child.
During the proceedings, Bland’s legal team contended that she experienced a psychotic episode triggered by COVID-19, which rendered her incapable of understanding the implications of her actions. According to the defense, Bland was experiencing auditory hallucinations, believing she was being commanded to baptize her family members.
"The defendant insisted that everyone needed to be baptized and that she was going to baptize everyone in the bathtub," the police report stated.
The police report details a distressing scene where Bland reportedly instructed one of the children present to retrieve a knife, though the child claimed not to understand why. Bland then allegedly stabbed her husband multiple times during a struggle. The report indicates that he, "along with his four other children, ran out of the residence in fear for their lives and he contacted the police."
Bland's older daughter reportedly "sustained a stab wound to her forearm during the struggle" while attempting to rescue the baby from the defendant. The girl subsequently "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 continued. Upon entering the residence, officers discovered the infant "face down, unresponsive, inside the bathtub filled with bloody water."
Judge's Decision and Attorney General's Response
Judge de la O accepted the defense's argument, acquitting Bland on all three charges. She was permitted to return home ahead of a future hearing to determine her treatment options. Attorney General Uthmeier characterized the judge's decision as unacceptable.
"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 5-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 elaborated.
Larry Handfield, Bland’s attorney, expressed his belief that this ruling marked the nation's first successful insanity defense predicated on COVID-19.
"This was COVID," Handfield told NBC6 South Florida. "It's a woman who served our country for five years," he added, referring to Bland's tenure in the U.S. Navy. Handfield stated that she was "living the American dream until COVID came. She didn't ask for COVID."
Uthmeier also indicated that he believed this to be a groundbreaking ruling.
"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 stated.
Call for Judicial Accountability
The Florida attorney general further asserted his view that the ruling is symptomatic of a "national trend" where federal judges overstep their bounds.
"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 has appointed forensic psychologist Dayra Bodan to assess whether Bland’s mental state necessitates involuntary hospitalization. Bland is scheduled for another hearing on July 6, which will address her potential treatment options.
