Utah Woman Charged With Murdering Fetus

Yahoo ^ | 3/12/04 | ALEXANDRIA SAGE

[Tumbleweed_Connection]

As Melissa Ann Rowland's unborn twins got closer to birth, doctors repeatedly told her they would likely die if she did not have a Caesarean section. She refused, and one later was stillborn.

Authorities charged 28-year-old Rowland with murder on Thursday, saying she exhibited "depraved indifference to human life," according to court documents. Prosecutors said Rowland didn't want to be scarred, and one nurse told police that Rowland said she would rather "lose one of the babies than be cut like that."

The case could affect abortion rights and open the door to the prosecution of mothers who smoke or don't follow their obstetrician's diet, said Marguerite Driessen, a law professor at Brigham Young University.

"It's very troubling to have somebody come in and say we're going to charge this mother for murder because we don't like the choices she made," she said.

Court documents did not list an address for Rowland, and she is not listed in telephone books for the Salt Lake City area. It could not immediately be determined whether she had an attorney.

Rowland was warned numerous times between Christmas and Jan. 9 that her unborn twins would likely die if she did not get immediate medical treatment, the documents allege. When she delivered them on Jan. 13, one survived and the other was stillborn.

The woman sought medical advice in December because she hadn't felt the fetuses move, documents said.

Regina Davis, a nurse at LDS Hospital in Salt Lake, told police that during a visit there, Rowland was recommended two hospitals to go to for immediate care. Rowland allegedly said she would rather have both twins die before she went to either of the suggested hospitals.

On Jan. 2, a doctor at LDS Hospital saw Rowland and recommended she immediately undergo a C-section based on the results of an ultrasound and the fetus' slowing heart rates. Rowland left after signing a document stating that she understood that leaving might result in death or brain injury to one or both twins, the doctor told police.

The same day, a nurse at Salt Lake Regional Hospital saw Rowland, who allegedly told her she had left LDS Hospital because the doctor wanted to cut her "from breast bone to pubic bone," a procedure that would "ruin her life."

LDS Hospital can't comment on the case because of medical privacy issues and the pending court case, said spokesman Robert Pexton.

The doctor who performed an autopsy found that the fetus died two days before delivery and would have survived if Rowland had undergone a C-section when urged to do so. It was not immediately clear how far along Rowland was in her pregnancy.

She was charged in Salt Lake County with one first-degree felony count of criminal homicide. Rowland was being held on $250,000 bail at the Salt Lake County jail, and was scheduled to appear in court Tuesday.

If convicted, she could be sentenced to between five years and life in prison.

A spokesman for the district attorney, Kent Morgan, said Rowland is married and has other children, but he did not know how many.

"We are unable to find any reason other than the cosmetic motivations by the mother" for her decision, Morgan said.

Caesarean sections usually involve delivery through a surgical incision in the abdomen and front wall of the uterus. Dr. Christian Morgan, a family practice doctor who regularly performs C-sections at the University of Utah Health Sciences Center, said he had never seen vertical skin incisions performed at LDS Hospital for a first-time C-section.

"Even when you need to get a baby out in minutes, it can still be done in the bikini incision," Christian Morgan said.

[cripplecreek]

Charge her.

[Iron Matron]

This sickens me.

Put her to death!

[Agnes Heep]

It's really tragic that things have come to this pass; that we now have to get government involved to micromanage a woman's pregnancy. The same was true with slavery and civil rights violations; they forced government's hand, and now we have to live with the consequences. It would have been far better had the lunatics not overthrown their keepers at the asylum.

[GrandEagle]

Charge Her
I agree... No brainer.

I love your tagline you win wars by making the other dumb SOB die for his country
I watched the movie again last night!

[thoughtomator]

Awful as the consequences may have been, I'm not comfortable at all with charging someone with criminal penalties for refusing a medical procedure.

[cripplecreek]

I couldn't fit the entire line in the tag but it is.

"you don't win wars by dying for your country, you win wars by making the other dumb SOB die for his."

another i have is from the movie "tombstone"

"you tell em i'm comming, and hells comming with me"

[phil_will1]

I have long believed that the whole abortion issue turns on one very simple question: When does human life begin? As long as we cling to the ridiculous notion that life does not begin until birth (which is the only way you can justify abortion on demand), you will have blatant inconsistencies and contradictions such as this.

I wonder how many pro-choice people woud defend this woman's decision with the tired old phrase "It's a woman's right to choose!".

[GrandEagle]

I'm not comfortable at all with charging someone with criminal penalties for refusing a medical procedure.
Valid point. In my view it sort of depends on when you think a child is a child. If, for example, one of my children had say ... pneumonia. The doctors told me that death was likely unless my child was hospitalized. I refused, she died. Am I guilty of neglect therefore causing the death of my child?

I do understand what might complicate the issue is the location of her child.

[GrandEagle]

you don't win wars by dying for your country, you win wars by making the other dumb SOB die for his
Patton was truly a great warrior! He understood war like no one else except maybe MacArthur

[drjimmy]

Charge her.

If a pregnant woman smokes, charge her.
If a pregnant woman drinks alcohol, charge her.
If a pregnant woman rides in a car without a seatbelt, charge her.

That'll teach 'em a lesson for choosing to disobey the authorities.

[thoughtomator]

The child is a child, regardless of location... no question about that.

The question is, what other medical procedure might the government require, and in what circumstances? When is a doctor's recommendation law?

[Lucky2]

If this woman would have aborted her fetus in the first trimester or had a partial birth abortion when the baby was 8 months along, she would have been hailed a hero from the women's groups. She should be charged for murder just as those aborting their babies should! Murder is murder now matter how old the little baby is!

[Esther Ruth]

I am very pro life - and I know discussion should end there But this is a complicated issue. Some women and families believe for one reason or another that these ultrasounds that reveal these problems are not something they want as part of the care of their unborn child. They believe they are intrusive and can actually lead to doctors demanding the termination of a child who may be handicapped or disabled. Even though this circumstance seems plain, it could lead to medical laws demanding women have ultrasounds, prenatal testing and cause the women to be left out of the choice as to what SHE thinks is best for the child. Prenatal counselors are heavy into telling prolifers how selfish they are to carry a baby to term who may have down syndrome or other problems, they do these test early and often so you can terminate the pregnancy asap. I had 3 C's and I am not against C's but mandating C's because of one vain woman is not a place to go.

[TigersEye]

Another thread on this story here.

[VeritatisSplendor]

I was talking with a friend who was under the impression that at her age, she would have to have an amnio. She is an intelligent educated woman but did not know that it was always her decision.

Mrs VS

[GrandEagle]

The question is, what other medical procedure might the government require, and in what circumstances? When is a doctor's recommendation law?
Very valid points. I also would share your concerns about forced medical procedures, and what they would use as justification for those procedures.
Some protection from abuse could be keeping it a state issue. Very close to the local voters and grand jury action. In Alabama our grand jury system prevents numerous laws from actually being enforced. I would strongly oppose any federal laws, rules, guidelines, or anything else on the issue. Murder is a state issue.
I would also oppose any state laws presenting so called "guidelines". That is why we have judges and jurys of peers. The prosecution should have to make the case to a jury on a case by case basis on why this was murder.

[Windsong]

Your post probably makes more sense than all the rest. Too bad the gubmint posters here will side against you..sigh.

[GrandEagle]

cause the women to be left out of the choice as to what SHE thinks is best for the child.
I agree with your assesment of the complecations of the issue. However it doesn't seem as though what was best for the child was a concern. (See post #17)

[T Minus Four]

Somebody actually had sex with this woman!