Criminal Podcast: "Patience" (Sept 26, 2025)

Host: Phoebe Judge
Reported by: Caroline Kitchener
Theme: The criminal prosecution of Patience Russo, a woman who suffered a late miscarriage and was charged under an obscure abortion law in Nevada, exploring issues of poverty, reproductive rights, small-town justice, and the personal aftermath.

Episode Overview

This episode examines the harrowing story of Patience Russo, a young mother living in rural Nevada who suffered a miscarriage and was subsequently arrested, prosecuted, and imprisoned under a century-old abortion law. Through interviews, court documents, and first-person accounts, the episode explores the criminalization of pregnancy outcomes, the interpretation of old laws in modern times, and the deep personal and social repercussions of her ordeal.

Key Discussion Points & Insights

1. The Raid: Law Enforcement at Patience’s Door

• [01:22-03:30]
  • Officers show up at Patience’s home in SWAT-like gear, initially leading her to believe they're after her live-in boyfriend.
  • They are, in fact, there for her, referencing a recent Facebook post about a cross marking a grave for her lost child, Abel.
  • Officers question Patience about the cross and her Facebook post:
    “Why would you be sorry, Abel? That's not something you would put for a cat. Why would you be sorry?” – Officer/Caroline Kitchener ([03:31])
  • Patience, confused, eventually discloses her miscarriage.

2. Background: Poverty, Isolation, and Substance Use

• [05:21-09:14]
  • Patience’s life marked by housing insecurity, living out of her car, raising two children.
  • She becomes pregnant but can’t afford, nor access, abortion services in Reno, 2.5 hours away.
  • Attempts "natural" remedies found online (cinnamon capsules) to induce a miscarriage; nothing happens.
  • Experiences miscarriage alone, attempts CPR; buries Abel herself and marks grave with a cross.
  • “I tried giving him CPR. I tried everything I could think of. I couldn’t get any movement out of him.” – Patience Russo ([09:20])

3. The Investigation: Community Suspicion and Official Zeal

• [13:05-16:33]
  • Facebook post reaches deputy Jacqueline Mitchum, who personally knows Patience through a shared babysitter.
  • Mitchum, moved by her own emotional connection and conviction (as a mother), circumvents chain of command to pursue a search warrant.
  • “She just had a real conviction about it... she still felt very strongly that that is what had happened... and that conviction was what drove her to really pursue the case.” – Caroline Kitchener ([14:20])
  • No evidence the fetus was born alive; medical examiner finds no support for murder.

4. Legal Catch-22: A 1911 Abortion Law

• [17:19-19:35]
  • Unable to pursue homicide charges, officers locate an obscure 1911 law prohibiting self-managed abortion after 24 weeks.
  • Patience confesses to taking cinnamon in hopes it would end the pregnancy, though there's no scientific support this was the cause.
  • She’s charged with manslaughter and concealing a birth.

5. Community Reaction and Isolation

• [21:19-22:25]
  • The case stirs up local outrage and harassment; Patience is subjected to threats and hostile messages.
  • “I was messaged all the time being told to go kill myself, and it became a lot for me to handle.” – Patience Russo ([21:19])
  • Her lawyer writes: “Winds of prejudice have arisen. A lynching-like atmosphere hangs heavy over the city of Winnemucca.” ([21:30])

6. Sentencing and Incarceration

• [23:59-24:39]
  • Patience accepts a plea deal expecting probation and a brief jail sentence, but receives 2.5–8 years.
  • In women's prison, she faces stigma, violence, and emotional trauma:
  • “You get treated like you're the worst of the worst. I had one lady threaten to pull me off my bunk and beat me with locks in a sock until I was not breathing anymore.” – Patience Russo ([24:18])

7. Legal Redemption: Intervention by Laura Fitzsimmons

• [24:59-27:56]
  • Retired defense lawyer and abortion rights advocate Laura Fitzsimmons takes up Patience's case, arguing the law shouldn't apply and the public defender failed her.
  • Public defender admits fault: “I fall on the sword.” ([27:56])

8. Vacated Conviction and Final Resolution

• [28:09-31:11]
  • Medical experts testify that nothing Patience did, including taking cinnamon, caused the outcome.
  • The judge calls the prosecution a "total miscarriage of justice":
    • "...she is instead just a mother caught hopelessly in the web of poverty with a lack of any support system... a, quote, total miscarriage of justice." – Judge’s decision, paraphrased by Caroline Kitchener ([29:06])
  • Conviction vacated due to ineffective counsel; Patience released after 2+ years in prison.

9. Lingering Trauma: Custody of Abel’s Remains

• [31:48-33:00]
  • Patience only learns, through the podcast reporting, that her son’s ashes are in Deputy Mitchum’s home, not with her.
  • “I’m taking him. That’s my baby.” – Deputy Mitchum ([31:48])
  • Fitzsimmons is working to retrieve Abel’s remains for Patience.

10. Looking Forward

• [33:00-end]
  • In 2024, the judge finally dismisses the case with prejudice:
    • “I’m dismissing this case with prejudice. You don't have any evidence that can show guilt beyond a reasonable doubt. It's over.” – Judge, as relayed by Laura Fitzsimmons ([33:00])
  • Patience and Laura remain close, talking weekly. Patience has rebuilt her life, moved to Sioux Falls with her children, and is striving for normalcy.

Notable Quotes and Memorable Moments

• [03:46] Patience Russo: “I had a miscarriage, ok? Why is having a miscarriage a problem? Why is this illegal?”
• [09:20] Patience Russo: “I tried giving him CPR. I tried everything I could think of. I couldn’t get any movement out of him.”
• [14:20] Caroline Kitchener (on Deputy Mitchum): “She just had a real conviction about it, you know, having no evidence, she still felt very strongly that that is what had happened.”
• [21:19] Patience Russo: “I was messaged all the time being told to go kill myself, and it became a lot for me to handle.”
• [24:18] Patience Russo (on prison): “You get treated like you're the worst of the worst. I had one lady threaten to pull me off my bunk and beat me with locks in a sock until I was not breathing anymore.”
• [27:56] Public Defender (per Laura Fitzsimmons): “I fall on the sword.”
• [29:06] Caroline Kitchener (judge’s ruling): “Patience has been portrayed as an antichrist, but this judge thinks she is instead just a mother caught hopelessly in the web of poverty with a lack of any support system. And he describes Patience's case as a, quote, total miscarriage of justice.”
• [31:48] Deputy Mitchum: “I’m taking him. That’s my baby.” (referring to keeping Abel’s ashes)
• [33:11] Patience Russo: “It means they can't. They can't touch me.”

Timeline / Timestamps

| Time | Segment Description | |------------|-----------------------------------------------------------------------| | 01:22 | Police arrive at Patience's house | | 03:11-03:46| Bodycam and questioning about the Facebook post | | 05:21 | Background on Patience’s living situation and pregnancy | | 09:14 | Description of miscarriage and aftermath | | 13:05 | How Patience came under suspicion (babysitter, Deputy Mitchum) | | 17:19 | Officers find obscure 1911 abortion law | | 19:35 | Charges explained and focus on intent | | 21:19 | Patience describes harassment and community reaction | | 23:59 | Sentencing and experience in prison | | 24:59 | Laura Fitzsimmons takes up her legal cause | | 28:09 | Medical testimony and reversal of conviction | | 29:06 | Judge’s written decision and Patience’s release | | 31:48 | Details of Deputy Mitchum retaining custody of Abel’s ashes | | 33:00 | Final dismissal of charges with prejudice | | 33:11 | Patience reflects on finally being free from prosecution | | 34:00+ | Current life and ongoing relationship between Patience and Laura |

Takeaway

“Patience” is a powerful, emotional account illustrating how outdated laws and personal biases can collide, particularly in the fraught space of reproductive justice and poverty. The case exemplifies the unintended consequences of archaic statutes, the zeal of law enforcement informed by emotion rather than evidence, and ultimately the pivotal role of committed legal advocacy. Patience’s story underlines the vulnerability of women in poverty and the dangers of prosecuting pregnancy outcomes.

Further Reading:

• Caroline Kitchener’s Washington Post feature: She said she had a miscarriage, then got arrested under an abortion law.

Produced by: Criminal team (see [35:00] for credits)