Word: fetus
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Edelin was convicted for the death of a fetus following a legal abortion he performed on October 3, 1973. Although the prosecution realized that it could not prosecute abortion, it succeeded in affirming, by the conviction, that an abortion can result in a birth, and that a doctor is responsible for the fetus during such an operation...
...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...
...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...
...other hand, Flanagan introduced testimony that the fetus breathed, and therefore lived outside the womb--one enthusiastic witness said that microscopic examination of the fetus's lungs showed that it had "gasped for breath." The defense argued that no prosecution witness firmly established that the fetus had ever breathed, and produced witnesses who testified that it had died in the womb, without taking a breath...