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Utah Woman Charged With Murdering Fetus

alina Posted:

Utah Woman Charged With Murdering Fetus

http://www.ajc.com/news/content/news/ap/ap_story.html/National/AP.V6796.AP-Mother-Charged.html

Utah Woman Charged With Murdering Fetus
By ALEXANDRIA SAGE
Associated Press Writer


SALT LAKE CITY (AP)--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.


AP-NY-03-12-04 0855EST

Copyright 2004, The Associated Press. The information contained in the AP Online news report may not be published, broadcast or redistributed without the prior written authority of The Associated Press.

Lisa Rose Posted:

Re: Utah Woman Charged With Murdering Fetus

how sad is that. Sounds like the woman was not educated on the new C-sections and now her baby suffered...and so will she...in jail.

BMD'sPeanut Posted:

Re: Utah Woman Charged With Murdering Fetus

Here comes the controversy.

kel2004 Posted:

Re: Utah Woman Charged With Murdering Fetus

I think I may have to keep quiet on this issue...
alina Posted:

Re: Utah Woman Charged With Murdering Fetus

This is one case where I am not sure where I stand...

At what point do the doctors have the right to tell you what to do? And who is to determine how valid the woman's reason's for not doing a c-section.

I am shocked that the lawsuit has been started, but I am also scared with regard to my own rights.
Rainmama Posted:

Re: Utah Woman Charged With Murdering Fetus

OMG! How sad is that?! I'm speechless....
What-Now Posted:

Re: Utah Woman Charged With Murdering Fetus


Posted by alina

This is one case where I am not sure where I stand...

At what point do the doctors have the right to tell you what to do? And who is to determine how valid the woman's reason's for not doing a c-section.

I am shocked that the lawsuit has been started, but I am also scared with regard to my own rights.



Alina, that is how I feel as well.

On one hand, I feel so bad for this life that didn't even have a chance to begin.

On another hand, if this is a cause for a lawsuit, where do it end? Soon we will be told in which position we are suppose to conceive that is best of the baby. Or better yet, every woman having a child after 35 will be charged with endangering her child’s health because technically, she does!

This is disturbing!

Dee7772 Posted:

Re: Utah Woman Charged With Murdering Fetus


Posted by WhatNow?


Posted by alina

This is one case where I am not sure where I stand...

At what point do the doctors have the right to tell you what to do? And who is to determine how valid the woman's reason's for not doing a c-section.

I am shocked that the lawsuit has been started, but I am also scared with regard to my own rights.



Alina, that is how I feel as well.

On one hand, I feel so bad for this life that didn't even have a chance to begin.

On another hand, if this is a cause for a lawsuit, where do it end? Soon we will be told in which position we are suppose to conceive that is best of the baby. Or better yet, every woman having a child after 35 will be charged with endangering her child’s health because technically, she does!

This is disturbing!




I totally agree with you both
Misty Posted:

Re: Utah Woman Charged With Murdering Fetus


Posted by Dee7772


Posted by WhatNow?


Posted by alina

This is one case where I am not sure where I stand...

At what point do the doctors have the right to tell you what to do? And who is to determine how valid the woman's reason's for not doing a c-section.

I am shocked that the lawsuit has been started, but I am also scared with regard to my own rights.



Alina, that is how I feel as well.

On one hand, I feel so bad for this life that didn't even have a chance to begin.

On another hand, if this is a cause for a lawsuit, where do it end? Soon we will be told in which position we are suppose to conceive that is best of the baby. Or better yet, every woman having a child after 35 will be charged with endangering her child’s health because technically, she does!

This is disturbing!




I totally agree with you both




Ditto.
Stacey1403 Posted:

Re: Utah Woman Charged With Murdering Fetus


Posted by WhatNow?


Posted by alina

This is one case where I am not sure where I stand...

At what point do the doctors have the right to tell you what to do? And who is to determine how valid the woman's reason's for not doing a c-section.

I am shocked that the lawsuit has been started, but I am also scared with regard to my own rights.



Alina, that is how I feel as well.

On one hand, I feel so bad for this life that didn't even have a chance to begin.

On another hand, if this is a cause for a lawsuit, where do it end? Soon we will be told in which position we are suppose to conceive that is best of the baby. Or better yet, every woman having a child after 35 will be charged with endangering her child’s health because technically, she does!

This is disturbing!




I gotta say I agree with you guys too
kel2004 Posted:

Re: Utah Woman Charged With Murdering Fetus


Posted by alina

This is one case where I am not sure where I stand...

At what point do the doctors have the right to tell you what to do? And who is to determine how valid the woman's reason's for not doing a c-section.

I am shocked that the lawsuit has been started, but I am also scared with regard to my own rights.



I think that if the mother's life wasn't in danger, she had a responsibility to have the c-section. Don't carry a baby around for nine months if you just want to kill it. Kill it in the first trimester, when it is legal.
alina Posted:

Re: Utah Woman Charged With Murdering Fetus

Interestingly enough, the CNN photo of the woman shows her as if she is on drugs or something.

But then also, what if it was Cindy Crawford (or your favorite model) in this situation? Because then you can argue that the C section can kill their career. I wonder if the state would sue under those circumstances.
alina Posted:

Re: Utah Woman Charged With Murdering Fetus


Posted by kel2004


Posted by alina

This is one case where I am not sure where I stand...

At what point do the doctors have the right to tell you what to do? And who is to determine how valid the woman's reason's for not doing a c-section.

I am shocked that the lawsuit has been started, but I am also scared with regard to my own rights.



I think that if the mother's life wasn't in danger, she had a responsibility to have the c-section. Don't carry a baby around for nine months if you just want to kill it. Kill it in the first trimester, when it is legal.



But C-sections carry dangers to the woman, and she may not have wanted to subject herself to the risk of the C- section and the negative side effects that it may have...
kel2004 Posted:

Re: Utah Woman Charged With Murdering Fetus


Posted by alina


Posted by kel2004


Posted by alina

This is one case where I am not sure where I stand...

At what point do the doctors have the right to tell you what to do? And who is to determine how valid the woman's reason's for not doing a c-section.

I am shocked that the lawsuit has been started, but I am also scared with regard to my own rights.



I think that if the mother's life wasn't in danger, she had a responsibility to have the c-section. Don't carry a baby around for nine months if you just want to kill it. Kill it in the first trimester, when it is legal.



But C-sections carry dangers to the woman, and she may not have wanted to subject herself to the risk of the C- section and the negative side effects that it may have...



That's where it gets tricky I guess. Someone has to determine how risky it really is. Did the potential risks to the mother outweigh the certain outcome of the baby's death? Interesting...
ChristineC68 Posted:

Re: Utah Woman Charged With Murdering Fetus

I think that a child died is horrific but I also think this is a terrible precedent.

I don't think the gov't should be able force to people to have medical procedures they do not want to have. That would nullify DNR's, living wills and civil rights.

And aren't there religions that prohibit the use of invasive treatment?
HappyEverAfter Posted:

Re: Utah Woman Charged With Murdering Fetus

Also, in some religions, they do not believe in medical procedures such as C-Sections. This does not apply for her (according to the article) but why is her fear of the procedure any less strong than a religous belief?

Either way, this is a horrible story. No matter what, she has to live w. the knowledge that her baby is dead. No one can punish her more than that.
Becky Posted:

Re: Utah Woman Charged With Murdering Fetus

I am shocked that a woman would make that choice, but more shocked that she is charged with murder. I don't think she will be convicted, but I will be very interested to see how this one plays out.

In MD you can't bring criminal charges for murder, nor a civil suit for wrongful death, due to the loss of an unborn child. The child would have to be delivered and alive, even if just for a few moments.
cooky11111 Posted:

Re: Utah Woman Charged With Murdering Fetus

The baby died because the mother didn't want to get a scar...that is what they said on ABC. Sorry but I can be really nasty about this seeing her picture...on TV!!! She was worried about a scar..come on!

Sage10.03 Posted:

Re: Utah Woman Charged With Murdering Fetus

This is the woman....



(posting in regards to Alina's post about her looking 'like she was on drgs or something'...the picture does make her look a bit out of it)
Misty Posted:

Re: Utah Woman Charged With Murdering Fetus

Oh my goodness.

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