Word: edelin
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...LONG AFTER the Edelin jury heard the last of Judge McGuire's instructions and left the courtroom to seek a verdict, a harried prosecutor New man Flanagan tried once more to hammer out some of the complex issues of the Commonwealth's case. For Flanagan, the trial was over. Instead of jurors he faced a dozen or so reporters, some standing beside the empty benches, some sitting in the jury box itself. But while he waited for the sequestered jury to come in with a verdict the prosecutor continued to wrestle with the reporters' questions about his version of what...
...baby boy" had been alive after Edelin removed it from kill it? Prosecution and defense witnesses alike had testified that Edelin's last action with respect to the fetus was to hand it to the scrub nurse. Flanagan puzzled over the issues the reporters raised, asking for suggestions from them, and offering analogies. "If you hit me in the none," he said, "and I die, isn't it still your fault?" He was appealing to common sense, and to emotion as he had throughout his summation...
...TAKE A LOOK at the picture of this subject," Flanagan told the jury in his closing arguments. "Is this just a specimen? Are you speaking about a blob, a big glob of mucus?" The crux of his summation was that the fetus Edelin killed had been an independent human begin with "the right to live in society" under the protection of its law. Flanagan told the jurors that the only difference between the fetus and "normal human beings" were it weight and its cause of death...
...reason for this omission may have been the internal contradiction that testimony introduced into Flanagan's case. Giminez-Jimeno depicted Edelin as ruthless and cold-blooded, saying that be ripped the placenta from the uterine wall "with force" and stood, motionless, with his and in the opened uterus for three minutes. "He was locking at the clock. Nothing else," he said. Giminez-Jimeno, and other doctors who testified for both the prosecution and the defense, agreed that such an action would have certainly caused the death of the fetus by anoxia...
WHAT IS MOST striking about Giminez-Jimeno's testimony, in retrospect is that it agreed in its essentials with Edelin's own version of events: Edelin did, after all, perform an abortion with the intention of producing a dead fetus. The dramatic power of Giminez-Jimeno's testimony obscured the fact that he was accusing the defendant of something already stipulated. Some of the horror of that testimony was inherent in the nature of abortion...