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Abortion performed on Miami disabled rape victim
Similar case still in Orlando court
MIAMI, Florida (CNN) -- Six days after a Circuit Court judge granted permission, a deaf mentally disabled rape victim had her 6-month-old fetus aborted.
Detectives from the Miami-Dade Police Department secured a sample from the fetus to be used as evidence in the determination of paternity in their rape investigation.
The abortion was performed Thursday at Miami's Jackson Memorial Hospital. A lawyer representing the unidentified woman's mother said there were no complications.
The procedure capped a week of legal maneuvering in the emotionally jarring case. An Orlando Pro-Life group, the Liberty Counsel, filed a motion in the Miami court to serve as guardians for the unborn child. The motion was filed three days after the judge's ruling, which followed two days of testimony.
The judge denied the motion, and appeals to the Florida Supreme Court also were rejected.
According to the court's media office, after he issued his ruling the judge consulted with doctors about the feasibility of a live, cesarean birth.
Through a court spokesman, the judge later released a written statement in which he said "the mother of the ward did not want her daughter to be subjected to any more of an invasive procedure than was absolutely necessary. ... This taken together with the greater weight of medical opinion that the fetus was subject to an extremely high risk of morbidity, foreclosed brief reconsideration of alternatives."
Mathew Staver, president and general counsel of the Liberty Council, said he was very disappointed that the abortion took place.
"It's very unfortunate and sad that baby Doe was aborted. It's a sad commentary on our judicial system," he said.
Lance Block, the attorney representing the disabled woman's mother, said the group "was grandstanding and had no standing whatsoever in this case."
The Associated Press reported that doctors who specialize in high-risk pregnancies had told the judge that the fetus appeared to be developing normally and there was no medical reason to terminate the pregnancy.
The woman's mother, however, said she had been told by doctors early on that pregnancy could be life-threatening to her daughter, who became disabled from bacterial meningitis when she was 3 weeks old, has the cognitive skills of a 4-year-old and now lives in a group home, the AP reported.
Governor takes stand in Orlando case
While Thursday's abortion procedure seemed to end the Miami case, a similar case in Orlando is headed for a Monday hearing. That case involves a 22-year-old rape victim -- known in court papers as J.D.S -- who was abandoned as a child and has the mental capacity of an infant.
Gov. Jeb Bush and the Florida Department of Children and Families have called for the appointment of two guardians -- one for the pregnant woman and one for the fetus. In 1989 the Florida Supreme Court ruled that fetuses couldn't have guardians because they aren't legally people.
The governor's office has said that this case is different because neither the mother nor the fetus can speak for himself or herself.
On Thursday, Jennifer Wixtrom, an Orlando woman described by her attorney as a mother and homemaker, filed a petition to be appointed as guardian of the fetus. Her attorney, Edward Jordan, said the woman approached him about the matter, and that she has denied being a member of any pro-life organizations.
"She believes in preserving the life of a viable fetus," he said. "It's kind of refreshing. ... She's just as interested in this as anyone else."
A hearing to determine whether the woman is legally incapacitated is scheduled for Monday. Bush's request will also be heard then.
I added a new thread in On-Topic Debates forum, so some of you can discuss about it. Here's the link to go there: http://www.alldeaf.com/showthread.php?s=&threadid=3158
Similar case still in Orlando court
MIAMI, Florida (CNN) -- Six days after a Circuit Court judge granted permission, a deaf mentally disabled rape victim had her 6-month-old fetus aborted.
Detectives from the Miami-Dade Police Department secured a sample from the fetus to be used as evidence in the determination of paternity in their rape investigation.
The abortion was performed Thursday at Miami's Jackson Memorial Hospital. A lawyer representing the unidentified woman's mother said there were no complications.
The procedure capped a week of legal maneuvering in the emotionally jarring case. An Orlando Pro-Life group, the Liberty Counsel, filed a motion in the Miami court to serve as guardians for the unborn child. The motion was filed three days after the judge's ruling, which followed two days of testimony.
The judge denied the motion, and appeals to the Florida Supreme Court also were rejected.
According to the court's media office, after he issued his ruling the judge consulted with doctors about the feasibility of a live, cesarean birth.
Through a court spokesman, the judge later released a written statement in which he said "the mother of the ward did not want her daughter to be subjected to any more of an invasive procedure than was absolutely necessary. ... This taken together with the greater weight of medical opinion that the fetus was subject to an extremely high risk of morbidity, foreclosed brief reconsideration of alternatives."
Mathew Staver, president and general counsel of the Liberty Council, said he was very disappointed that the abortion took place.
"It's very unfortunate and sad that baby Doe was aborted. It's a sad commentary on our judicial system," he said.
Lance Block, the attorney representing the disabled woman's mother, said the group "was grandstanding and had no standing whatsoever in this case."
The Associated Press reported that doctors who specialize in high-risk pregnancies had told the judge that the fetus appeared to be developing normally and there was no medical reason to terminate the pregnancy.
The woman's mother, however, said she had been told by doctors early on that pregnancy could be life-threatening to her daughter, who became disabled from bacterial meningitis when she was 3 weeks old, has the cognitive skills of a 4-year-old and now lives in a group home, the AP reported.
Governor takes stand in Orlando case
While Thursday's abortion procedure seemed to end the Miami case, a similar case in Orlando is headed for a Monday hearing. That case involves a 22-year-old rape victim -- known in court papers as J.D.S -- who was abandoned as a child and has the mental capacity of an infant.
Gov. Jeb Bush and the Florida Department of Children and Families have called for the appointment of two guardians -- one for the pregnant woman and one for the fetus. In 1989 the Florida Supreme Court ruled that fetuses couldn't have guardians because they aren't legally people.
The governor's office has said that this case is different because neither the mother nor the fetus can speak for himself or herself.
On Thursday, Jennifer Wixtrom, an Orlando woman described by her attorney as a mother and homemaker, filed a petition to be appointed as guardian of the fetus. Her attorney, Edward Jordan, said the woman approached him about the matter, and that she has denied being a member of any pro-life organizations.
"She believes in preserving the life of a viable fetus," he said. "It's kind of refreshing. ... She's just as interested in this as anyone else."
A hearing to determine whether the woman is legally incapacitated is scheduled for Monday. Bush's request will also be heard then.
I added a new thread in On-Topic Debates forum, so some of you can discuss about it. Here's the link to go there: http://www.alldeaf.com/showthread.php?s=&threadid=3158
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