Attorneys for John Welden says Cytotec is non-toxic to fetuses and miscarriage ended pregnancy

Posted at 10:15 PM, Jun 12, 2013
and last updated 2014-06-30 17:45:54-04

Attorneys for John Welden, who is accused of killing his unborn child by tricking an ex-girlfriend into ingesting abortion pills, reveal how they plan to prove the 28-year-old is innocent.

In a 22-page motion filed in federal court,  attorneys say science is on their side and cite multiple clinical studies that reportedly show Cytotec is non-toxic to fetuses.

Remee Lee, who reportedly dated Welden for eight months, says he tricked her into taking the pills by swapping them out with antibiotics.  She said it occurred Easter weekend and that Welden even dropped the pills off at her house as part of a care package.

Lee was six-weeks pregnant at the time.

"That was our baby," Lee told ABC Action News in an exclusive interview last month.  "They told me the heart stopped beating."

Welden's attorneys are also alleging Lee was experiencing cramping and bleeding at her first doctors visit and the doctor noted a possible threat of miscarriage.  That doctor was Welden's father, Dr. Stephen Welden, who is a prominent fertility specialist with offices in Lutz.

Dr. Welden confirmed the pregnancy via ultrasound.

"A miscarriage occurred as a result of factors entirely unrelated to any conduct on the part of John Weldon," Tampa attorneys Todd Foster and Christina Kimball Walker stated in court documents.

According to Lee, she only began bleeding after she ingested one of the pills.

"I woke up in a pool of blood," she said.

Lee said Welden told her his father determined she had a bacterial infection and needed to take Amoxicillin to clear it up.  She said Welden showed up with a prescription bottle with her name on it and that the label stated Dr. Welden prescribed the pills and that the pills were Amoxicillin. 

Federal investigators believe Welden forged his father's signature.

"The pharmacist took one look at it and knew it wasn't Amoxicillin," Lee said of the time she presented the pills to emergency room doctors the day her pregnancy ended.

Federal investigators reported Welden confessed to the crime and admitted to scratching off identifying numbers on the pills so Lee would not be suspicious of the pills.

Welden's attorneys are asking the judge to not allow the confession to be admissible in court.  They claim Welden was never read his Miranda rights.

Meanwhile, friends and family members do not believe Welden is capable of such a sinister act.  In an effort to have him released on bond, 16 people wrote affidavits on his behalf, even offering their homes and cars as collateral to ensure he will show up at future court dates.

A judge first concluded Welden was a flight risk.

A former co-worker wrote called Welden non-violent and said he babysat her children.

Another person standing by his side his Tara Fillinger.  She wrote that she's been Welden's girlfriend on and off for the past seven years.

"Prior to Andrew's incarceration, we were discussing marriage and looking for a home to live in," Fillinger wrote.  "Andrew and I wanted to build a life together."

Lee told ABC Action News she believed wedding bells were in the future with Weldon.

"I thought I was going to marry this man," Lee said.

Calls to Welden's attorneys for comment were not immediately returned.

His attorney's will be in court Thursday for a pre-trial hearing.  Welden is not expected to appear.

However, Welden is slated to be in court June 20 for a bail hearing.  Should Welden be given a bond, his attorneys say he will surrender his passport and wear an ankle monitor while on house arrest.