Word: fetus
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...hearings on the motions has prosecutor Newman A. Flanagan displayed the warranted dedication to the law. His charge against Edelin is capricious and every statement he makes to clarify it makes the issue more confused. It is unclear what Flanagan says validates the manslaughter charge against Edelin--whether the fetus must have breathed, whether it must have been removed alive from the womb, whether it must have been over 24 weeks old, or whether it must have shown only a potential for life before it "died." The prosecutor has blithely left all these questions for Edelin to contemplate...
...motions to dismiss, the defense took upon itself the burden of proof in attempting to show the judge that the fetus Edelin is accused of killing never lived. Precisely because prosecutor Flanagan had never attempted to rebut the evidence, the defense argued, the case should not go to court. The prosecutor failed to produce any reasoned refutation, but McGuire says Edelin must stand trial...
...prosecutor's contention that the fetus had breathed and maintained a heart beat independent of its mother was not backed up by any medical authority, Homans said...
...prosecution claims that Edelin murdered a fetus that was at least 24 weeks old, in the process of an abortion last year...
Homans argued ten days ago that the case should be dismissed because the prosecution had not shown that the fetus Edelin was accused of killing ever lived...