[identity profile] lynn82md.livejournal.com
WASHINGTON (AP) — Authorities say two out-of-state doctors who traveled to Maryland to perform late-term abortions have been arrested and charged with multiple counts of murder, an unusual use of a law that allows for murder charges in the death of a viable fetus.

Dr. Steven Brigham, of Voorhees, N.J., was taken into custody Wednesday night and is being held in the Camden County jail, according to police in Elkton, Md. Authorities also arrested Dr. Nicola Riley in Salt Lake City and she is in jail in Utah. Each is awaiting an extradition hearing.

A grand jury indicted the two doctors after a 16-month investigation, police said.

The investigation began in August 2010 after what authorities say was a botched procedure at Brigham's clinic in Elkton, located near the border of Maryland and Delaware.

An 18-year-old woman who was 21 weeks pregnant suffered a ruptured uterus and an injured bowel, according to documents filed in a previous investigation by medical regulators. Rather than call 911, Riley drove her to a nearby hospital, where both she and Brigham were uncooperative and Brigham refused to give his name, documents show.

A search of the clinic after the botched abortion revealed a freezer containing 35 late-term fetuses, including one believed to have been aborted at 36 weeks, the documents show.

Brigham, 55, is charged with five counts of first-degree murder, five counts of second-degree murder and one count of conspiracy. Riley, 46, faces one count each of first- and second-degree murder and one conspiracy count.

The charges relate to the botched procedure as well as other abortions performed at the Elkton clinic or fetuses found there, authorities said.

Cecil County State's Attorney Ellis Roberts declined to elaborate on the charges or the circumstances that led to them, saying it would be inappropriate to comment before Brigham and Riley, who were taken into custody on fugitive warrants, had seen the indictments.

Maryland is one of 38 states that allows murder charges to be brought against someone accused of killing a viable fetus. The 2005 state law has so far only been used for cases in which defendants were accused of assaulting or killing pregnant women.

What are your thoughts on this?
[identity profile] lynn82md.livejournal.com
The last thing on Jennie Linn McCormack’s mind when she realized she was pregnant was that she might, with a single telephone call, upend the vitriolic national debate on abortion.

All she thought about was how it would be impossible for her to take care of another baby. Surviving, barely, on the $250 of monthly child support for one of her three kids, the unemployed, unmarried 32-year-old also knew she didn’t have the more than $500 she’d need for the two-and-a-half-hour trip from her bare-bones rental in Pocatello, Idaho, to Salt Lake City, the closest city with a clinic willing to terminate a pregnancy. She had no computer, no car, no one to take care of her 2-year-old—and like Idaho, Utah had a waiting period for abortions, which meant she’d have to make two round trips. So early this past January, she made the call that may alter history and turn Jennie McCormack into Jane Roe’s unlikely successor: she asked her sister in Mississippi to buy RU-486, the so-called abortion pill, over the Internet and send it to her. The cost: about $200.

“My mind just kept going back to my kids, how there was no way I could do that to them, no way I could make their lives even worse,” says McCormack, a petite blonde, as she nearly sinks between the cushions of her sofa, her eyes rimmed with tears. The man who had impregnated her had just been sent to jail for robbery; she did not feel comfortable reaching out to her mother—Mormon, like almost everyone in southeastern Idaho—for help.

McCormack, who thought she was about 12 weeks along, took the pills (the protocol involves two drugs, mifepristone and misoprostol) the afternoon they arrived. The drugs are FDA-approved only for ending early-stage pregnancies; McCormack had no complications, but the pregnancy turned out to be more advanced than she thought—perhaps between 18 and 21 weeks, experts later speculated—and the size of the fetus scared her. She didn’t know what to do—“I was paralyzed,” she says—so she put it in a box on her porch, and, terrified, called a friend. That friend then called his sister, who reported McCormack to the police.

Although RU-486 is legal and the fetus was not yet “viable” (that is, old enough to live outside the uterus), Idaho has a 1972 law—never before enforced—making it a crime punishable by five years in prison for a woman to induce her own abortion. The day after police arrested McCormack, her mug shot appeared above the fold in the local newspaper. “It’s hard to imagine the humiliation and fear,” says her lawyer, Richard Hearn, who is also a physician.


So, what do you all think about this?

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