Word: fetus
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William P. Homans Jr. '41, attorney for defendant Dr. Kenneth Edelin of Boston City Hospital, argued that the affidavit clearly demonstrated that the aborted fetus never breathed...
Homans said that there was no need for a trial on the issue, because the prosecution did not dispute this "ultimate fact." He explained that the prosecution did not dispute it because it had offered no medical evidence in rebuttal and because its declarative statement that the fetus had breathed did not amount to a valid dispute...
...point, prosecutor Flanagan apologized to the judge for not submitting a more evidentiary counter-affadavit, but during the hearing he did not note any medical evidence to support his claim that the fetus had breathed...
...defense motion included an affidavit from Dr. Kurt Benirschke, a professor at the University of California at Berkeley, attesting that lung cells taken in an autopsy of the fetus show no evidence of respiration...
...hysterotomy is a method of abortion similar in technique to Caesarean section. In the hysterotomy, however, the fetus is separated from the placenta while in the womb and soon dies deprived of oxygen. Flanagan had defined life in his prosecution as the state when the fetus breathes and maintains a heartbeat independent of the mother. Late in the hearing, though, he suggested that Edelin could be convicted for manslaughter even if the alleged victim had only a "potential" for life...