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...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...

Author: By James Gleick, | Title: The Commonwealth's Case | 2/22/1975 | See Source »

...district attorney's staff had backed up its indictment through the six-week trial with merely an emotional invitation to the jurors to use their "common sense," to imagine that the letus Kenneth Edelin removed from the woman's womb had been a "baby boy," gasping for breath Still. If was clear what Flanagan was charging Edelin with, when in his bellicose closing to the jury, he employed the language of the anti abortion movement...

Author: NO WRITER ATTRIBUTED | Title: Remember February 15 | 2/19/1975 | See Source »

...have done then was to conclude that Edelin was innocent--in light of his definition of birth as the separation of the fetus from the mother and in light of the overwhelming evidence from both prosecution and defense that the fetus was dead when it was removed from the womb. McGuire did not acquit Edelin, unfortunately, but gave those definitions to the jury. Inevitably, the recollection of those five minutes from the judge was blocked out by the memory of the 70 minutes from the shouting prosecutor who talked about the "right to live...

Author: NO WRITER ATTRIBUTED | Title: Remember February 15 | 2/19/1975 | See Source »

...state's case against Dr. Kenneth C. Edelin appears to rest on the premise that the hysterotomy operation was a birth and not as abortion, in spite of either the patient's of the doctor's intention. A hysterotomy involves incision into the womb and detachment of the placenta from the uterine wall, and the prosecution says that when the placents was detached cutting off the fetus's dependence on the mother, that fetus was born. It alleges that Edelin, by allowing the fetus to die in the course of the operation, is guilty of manslaughter...

Author: NO WRITER ATTRIBUTED | Title: Edelin: Toss the Case Out | 2/12/1975 | See Source »

Flanagan alleges that on October 3, 1973, Edelin stood over the patient and, with his eyes fixed on the operating room clock, held his left hand motionless within her open womb for a period of between three and five minutes. And that only when he was satisfied it was dead, Edelin extracted the fetus. And that this fetus had for a brief period been alive, and had even breathed, and that this fetus was "viable" and could have survived on his own outside the woman who had requested the abortion. But, through the actions of Kenneth Edelin, this "male child...

Author: By Phillp Weiss, | Title: Odd Visages at the Edelin Trial | 2/5/1975 | See Source »

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