More news on MA teen

[asterroc]

Thanks to hrfan, more info at this link

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? 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 meig, it's a witch hunt.

Comments

[meig.livejournal.com]

Jeeze, and I was being facetious with my earlier witch hunt comment, but now I wonder.

[erin-trying.livejournal.com]

"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?"

That quote is going to be on billion and a half pro-life blogs for the rest of eternity.

[seekingferret.livejournal.com]

I think the missing question is why she had to induce the abortion herself. I can't shake the suspicion that there's more going on. You're in Massachusetts, Roe v. Wade is in effect... Isn't one of the arguments in favor of legalizing abortion that it'll prevent dangerous self-induced abortions?

[spazzy444.livejournal.com]

High doses of vitamin C cause miscarriages. Google it.
There are HUNDREDS of women who use this method...I've never heard any of them on trial. My guess is that it has to do with the prescription drug use in this instance that is making it more spotlighted (enough to draw the DA).

The poor kid (woman) needs to be left alone.

[framefolly.livejournal.com]

Ugh. I agree with your edit, and find the DA's agenda unconscionable.

25 weeks is about 6 months? I'm glad the mother is okay -- it's later in the pregnancy than I expected. I think in Taiwan, mostly for health risks to the mother, they strongly discourage (maybe it's even illegal) abortion after a woman enters the 4th month.

[weirdlilfaechld.livejournal.com]

Too many things don't make sense here. Do they ever mention how old she is? Do they ever get a comment from the legal guardian if she is underage? I know they aren't required to be told but they sure know now. Did she even know that those anti-ulcer pills can cause an abortion? A young pregnancy and being hospitalized sounds like enough to give someone ulcers. Who prescribed it, why, and why aren't they in this trial as well? Why was the jury lied to, and why didn't that alone get the trial thrown out? The last question especially. One proven lie from either party and legally the case is thrown out, so why are they ignoring so many laws here?

Oh, and to the comment someone made about her last quote being used on pro-life sites everywhere: It already is, or may as well be. Most women feel that way after an abortion, and it's a common cause for suicide. That is almost entirely why I am pro-life. Being pro-life doesn't mean I agree with something that is against the law and just doesn't seem right.

[cosmicwonder.livejournal.com]

I'm really confused by this case too and I wonder, like seekingferret, what information has been left out.

I vaguely remember reading the Roe vs. Wade decision and I just looked it up in Wikipedia (which I understand is not the most reliable source, but I don't have time in my office to look deeper into this). At least according to Wikipedia, the decision of Roe vs. Wade is still controversial and has been interpreted in several ways and subsequent supreme court trials have modified it. That's why it is legal for states to have certain laws about abortion - such as that a minor must have permission from a parent before one can be performed. I'm not sure the details of this 1845 law, but it is possible that this law is legal in light of supreme court decisions.

I do find it odd that this girl tried to miscarry so late, but with different hormones in the system and confused feelings, she probably just changed her mind.

I definitely don't condone this decision, but after all she has gone through, a mental health program is probably the best thing for her right now.

[hrafn.livejournal.com]

Not that I'm cynical or anything, but I'm willing to bet she's not white, and add that to being a pregnant, (presumably) unmarried teenager - well, she certainly needs to punished for having the nerve to have sex in the first place!