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Published: June 03, 2008 12:40 am

Lawrence teen accused of inducing abortion given pretrial probation
By Yadira Betances
Staff Writer

SALEM, Mass. — A Lawrence teenager who allegedly tried to cause her own abortion by taking anti-ulcer pills will have charges dropped against her if she complies with a court-ordered mental health program over the next year.

The case against Ambar Abreu began Jan. 6, 2007 when she went to Lawrence General Hospital complaining of abdominal pain. She later gave birth to a 11/4 pound baby girl at Tufts New England Medical Center. The baby, whom she named Ashley, died four days later.

Abreu, who was believed to have been 25 weeks pregnant, was accused of taking misoprostol pills, an anti-ulcer drug that is also a component of the abortion pill RU-486.

After leaving the hospital, Abreu was arrested at her home and spent three days at Framingham House of Correction, where she was placed under a suicide watch.

She was indicted by an Essex County grand jury on a charge of procuring a miscarriage.

She has been free on $10,000 cash bail, which her family had raised.

Yesterday, Salem District Court Judge David Lowry ordered Abreu to be on pretrial probation until next April and comply with mental health treatment through Health and Education Services of Lawrence, an agency that provides counseling, and that she report to a probation officer every eight weeks.

"Technically, the case is still pending," said Steve O'Connell, spokesperson for the district attorney's office. "The pre-trial probation is intended as a disposition."

The agreement does not require Abreu to admit any wrongdoing and will spare her a record of conviction as long as she complies with the conditions and stays out of further trouble.

If she violates any terms, however, the case will be put back onto the court's docket for trial.

Prosecutor Kate MacDougall and defense lawyer Denise Regan met briefly in the lobby of Salem Superior Court with Lowy yesterday. The judge then accepted the agreement.

Earlier this year public defenders Regan and Carol Cahill asked a Superior Court judge to dismiss the case, arguing that a woman's right to an abortion without government interference has been well established since the famous Roe v. Wade decision in 1973.

Abreu was charged under an 1845 law against procuring a miscarriage, which Regan and Cahill argued could not be enforced because of the Roe v. Wade decision.

In addition to questioning whether the law was still valid, Abreu's lawyers said there were factual errors in the evidence presented to the grand jury provided either by the prosecutor in her questions or by the Lawrence police lieutenant who testified.

They said the first grand jury had been incorrectly told that the use of misoprostol to induce an abortion is illegal, that Abreu did not tell anyone at the hospital that she was pregnant and had taken the pills, that the fetus tested positive for misoprostol (there is no known test for the drug), and that she fled the hospital against the advice of doctors.

Assistant District Attorney Kate MacDougall presented the case again to a new grand jury and received a new indictment on the same charge.

Abreu moved to Lawrence more than two years ago with her mother, Maritza Rosario, and brothers Wilkins and Sain.

In an interview last year, Abreu said she would do things differently if given the chance.

"This is going to haunt me for the rest of my life," Abreu said then. "I pray that one day she (Ashley) can forgive me for making this decision. When I have a family, how am I going to explain to them what happened?"

Reporter Julie Manganis contributed to this report.


So she *is* being tried for "procuring a miscarriage" - which is the same as an abortion, and therefore should be legal under Roe vs. Wade. Why the fsck is this happening in MA of all places? [livejournal.com profile] kadath, where are you and your outrage when we need it?

Edit: As mentioned elsewhere, this sounds like an activist DA with an agenda to overturn Roe v. Wade and willing to lie to a grand jury to do so. I agree w/ you [livejournal.com profile] meig, it's a witch hunt.

Date: 2008-06-04 01:42 am (UTC)
From: [identity profile] hrafn.livejournal.com
In brief, one of the issues with adoption is that pregnancy and childbirth are a significant physical, mental, emotional, and financial strain on the woman, which adoption does nothing to resolve.

Date: 2008-06-04 02:54 am (UTC)
From: [identity profile] zandperl.livejournal.com
Well, there are arrangements possible where the adopting parents pay the financial costs, but those are few and far between and may not be entirely legal (as it approaches child trafficking).

Date: 2008-06-04 12:02 pm (UTC)
From: [identity profile] hrafn.livejournal.com
True. I really wish we could do the sensible thing: lay eggs!

Date: 2008-06-04 02:18 pm (UTC)
From: [identity profile] zandperl.livejournal.com
Spoken like a fellow crazy birdmom. ^_^ We'd have to buy incubators you know, I certainly wouldn't sit on the nest for 8-9 months.

Date: 2008-06-05 01:28 pm (UTC)
From: [identity profile] hrafn.livejournal.com
Yeah, at least you can walk away from the incubator :) Or hand it all off to someone else. Even marsupials have it easier.

Date: 2008-06-05 05:13 pm (UTC)
From: [identity profile] weirdlilfaechld.livejournal.com
I agree that it doesn't resolve physical, mental, or emotional strains but I don't see how replacing them with something else that causes significant physical, mental, emotional, and financial strain is the answer. Adoption can solve financial strain because in most cases the counseling and medical costs become the responsibility of the adoptive parents, who have already had to prove their ability to financially support the child and the woman during pregnancy, labor, and post-partum trauma.

Date: 2008-06-05 06:24 pm (UTC)
From: [identity profile] zandperl.livejournal.com
Do you happen to know of any studies of women after adoption and after abortion, and what percent end up regretting each one? All I know is anecdotes.

Date: 2008-06-05 11:13 pm (UTC)
From: [identity profile] weirdlilfaechld.livejournal.com
No, it's the same here. All I know are anecdotes when it comes to regret.

Date: 2008-06-06 01:08 am (UTC)
From: [identity profile] hrafn.livejournal.com
Having an abortion is safer, physically, than pregnancy. Whether one or the other is more emotionally stressful is probably completely determined by the individual and whatever her life circumstances are (and whenever I hear about women who have regretted having an abortion, I always want to know why we hear so little from women who regret having children, and how the numbers of cases of post-partum depression compare to cases of equally severe post-abortion depression - but I doubt the information on merely "regretting" having a child has been collected). But the two biggest reasons I have (and this article explains quite nicely for believing that abortion must be not only legal, but readily available, are that 1) the alternative is far, far worse in terms of lives lost and ruined, because making it illegal will not make it do away, and 2) to do otherwise is to treat women as second-class citizens, not deserving of full autonomy and access to medical care. While I am somewhat sympathetic to some of the anti-abortion stance, I just cannot get behind any philosophy or system of ethics or what-have-you that says that due to an accident of conception, I or any other woman should be forced to put my body to use to support any other life. We do not require anyone, male or female, to donate blood or bone marrow or even to donate organs after death, all of which also save lives, and none of which are as invasive and potentially damaging as pregnancy.

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