Word: fetuses
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Dates: during 1970-1979
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...repeatedly argued, when a 17-year-old woman entered Boston City Hospital in late September 1973 requesting an abortion, Edelin observed the law regarding his practice--as far as the law went. Edelin determined that it was legal for him to perform the abortion after estimating that the fetus was less than 24 weeks old. But there the legal guidelines ended. No laws dictated what sort of abortion Edelin had to perform or what procedure he had to undertake after initial efforts at aborting the fetus failed. When Edelin used a hypodermic needle to penetrate the uterus, he was relying...
...larger issue, the higher court must dismiss the prosecution's case because it rests on a confusing and contradictory welter of evidence. As he did during the trial, Assistant District Attorney Newman A. Flanagan drowned his weak appeal in emotionalism. Flanagan could not contradict the overwhelming evidence that the fetus never lived outside of the mother's womb--only this would have legally constituted birth, according to the trial judge, James P. Maguire--but he could shout emotionally that "this is the case of a child that was born." Even given his contention that a child had been born, Flanagan...
Charles R. Nesson '60, professor of Law, speaking on behalf of Edelin, concluded the appeal, saying that because it could not be adequately proved that the fetus was "viable" when still inside the body of its mother, the state had no power to impose a criminal sanction on Edelin...
...defense challenged the testimony of the chief prosecution witness, Dr. Enrique Giminez, who said that Edelin, in performing the abortion, held his fingers inside the uterus for three minutes in order to assure the death of the fetus...
...defense also challenged the reliability of prosecution medical witnesses' testimony that the fetus had breathed after being removed from the mother...