Ok, I can't help but say it. She didn't want her "cosmetic appearance to be
disfigured?" Gak. Click on the link and see the pic. I don't think it would
have hurt any.
Mother is charged in stillbirth of a twin
By Linda Thomson
Deseret Morning News
In a case that could unleash a storm of debate about women's reproductive
rights, as well as the rights of parents, the Salt Lake District Attorney's
Office has charged a woman who allegedly refused a Caesarean section with
first-degree murder after one of her twins was born dead.
Melissa Ann Rowland, 28, demonstrated "depraved indifference to human
life" by failing to pursue immediate medical treatment, including a
recommendation for a C-section, according to court documents filed in 3rd
District Court.
Rowland is being held in jail on $250,000 bond. If convicted, she could
face up to life in prison.
The other twin is in stable condition.
"It was her omissions that caused the death of the child," said Kent
Morgan of the Salt Lake District Attorney's Office. "She was given three or
four opportunities to get a C-section to save that baby. She continued to say
no because she didn't want her cosmetic appearance to be disfigured."
Marguerite Driessen, an associate professor of law at Brigham Young
University who has four children of her own and is pro-life, said she sees
problems with a case such as this.
"My concern here is that even in Utah, where the mother has the right to
make these choices, that someone other than the mother will be second-guessing
these decisions," Driessen said.
"In order to bring this case, the government is making a decision to go
back and re-evaluate her decisions and medical advice and decide after the fact
whether there is a basis for a murder case or not," Driessen said.
For her part, Rowland, in a jailhouse interview with KSL Newsradio 1160,
said she came to Utah from Florida in November to have the babies and place
them for adoption because she and the birth father could not take care of the
children. She denies she was advised to have a C-section with the twins and
also denies she refused to have one to avoid a scar.
She said the twins were ultimately born by C-section. "I've never refused
a C-section," Rowland said. "I've already had two prior C-sections. Why would I
say something like that?"
Rowland said she has been in the Salt Lake County Jail for two months on
child endangerment charges, which apparently stem from the same incident. The
state court computer system shows a second-degree felony child endangerment
charge lodged against a Melissa Ann Rowland dated Jan. 13, which is the same
day cited in the murder charge.
Rowland said she has two other children who live with their grandparents
in Virginia. She also said the surviving twin, a girl, has been adopted by a
family Rowland knows. "She's safe and well taken care of."
Court documents state that Rowland saw a doctor at LDS Hospital on Jan. 2
who recommended an immediate Caesarean section because of fetal heart rate
difficulties and a problematic ultrasound that showed the babies were not
developing well, and because Rowland had very low amniotic fluid.
The doctor said in a written statement that Rowland left the hospital
against medical advice and that she acknowledged her departure could result in
significant brain injury or death to one or both of the babies, court documents
state.
A nurse at Salt Lake Regional Medical Center also saw Rowland on Jan. 2
and said she heard Rowland say she left LDS Hospital because the doctors there
wanted to cut her open "from breast bone to pubic bone," that this would "ruin
her life" and that she would rather "lose one of the babies than be cut like
that," court documents say.
Rowland then went to Pioneer Valley Hospital on Jan. 9 to see if the
babies were alive, according to a nurse's statement included in the charging
documents. The nurse could find only one fetal heartbeat and recommended that
Rowland stay at the hospital, but Rowland left, the document says.
Another nurse at Pioneer Valley Hospital said that Rowland delivered
twins there on Jan. 13, but one boy twin was stillborn, according to
prosecutors.
Court documents further state that Dr. Edward Leis, Utah's medical
examiner, performed an autopsy on the baby and found no congenital problems. He
estimated the baby had died about two days earlier and said if the child had
been delivered when the doctors had recommended, the child would have been
alive.
Asked about a woman's right to make choices during pregnancies,
prosecutor Kent Morgan said: "She didn't choose among alternative treatments
available. She chose to get no treatment whatsoever."
Utah also has its share of expectant mothers who drink liquor or consume
illegal drugs during pregnancy, which can cause fetal death, but Morgan said
these are prosecuted in this area.
"These cases we review on a case-by-case basis," Morgan said. "If a
mother causes the death of an unborn child in an unlawful way, she may well be
facing murder charges."
Karrie Galloway, CEO of Planned Parenthood Association of Utah, said she
finds the situation troubling.
"This case points out the inconsistencies in our laws, in our emotions
and our feelings about parents and children, or parents and children-to-be,"
Galloway said. "I would remind us that a parent who has a child who is in need
of an organ transplant, let's say a kidney, is not required to give a kidney to
a living child. There is no repercussion for them.
"Where we feel we can make a knee-jerk reaction is mothers and the
children they're carrying. We as a society believe we can make decisions for
them and that's where the inconsistency comes in," Galloway said.
The case also reflects on the recent legal brouhaha surrounding Parker
Jensen, the Sandy youth who was diagnosed with Ewing's sarcoma, a rare form of
cancer. His parents, Barbara and Daren Jensen, doubted the diagnosis, expressed
beliefs that chemotherapy would harm Parker more than help him, and battled
state officials vigorously over forced chemotherapy for Parker and later, for
custody of the boy.
Driessen predicts this could raise numerous legal and ethical questions.
"Every medical procedure comes with risks," she said. "A C-section is an
invasive procedure. It seems a woman should have the right to decide whether to
have that procedure and to weigh the risks and benefits to herself and her
family, and not end up prosecuted for murder if the state doesn't happen to
agree with the way she balanced out the equities."
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
Rupa Bose
03-12-2004, 02:35 PM
This whole thing sounds strange.
First of all, I think it's pretty chilling that a hospital or doctor
thinks it can tell a woman what to do to bear her babies and they
believe she must abide by it. If she had had the Caesarian, and one
twin had still died, would she have been able to sue the hospital? And
what's the next step? Prosecute pregnant women who drink? Who smoke?
Who eat at MacDonald's? Who forget to take folic acid and calcium?
Secondly, she says she has had two prior C-secs, and did not say
anything about refusing another. Sounds like someone trying to
pre-emptively shift blame.
Rupa
http://deseretnews.com/dn/view/0,1249,595048573,00.html Mother is charged in stillbirth of a twin By Linda Thomson Deseret Morning News In a case that could unleash a storm of debate about women's reproductive rights, as well as the rights of parents, the Salt Lake District Attorney's Office has charged a woman who allegedly refused a Caesarean section with first-degree murder after one of her twins was born dead. Melissa Ann Rowland, 28, demonstrated "depraved indifference to human life" by failing to pursue immediate medical treatment, including a recommendation for a C-section, according to court documents filed in 3rd District Court. Rowland is being held in jail on $250,000 bond. If convicted, she could face up to life in prison. The other twin is in stable condition. "It was her omissions that caused the death of the child," said Kent Morgan of the Salt Lake District Attorney's Office. "She was given three or four opportunities to get a C-section to save that baby. She continued to say no because she didn't want her cosmetic appearance to be disfigured." Marguerite Driessen, an associate professor of law at Brigham Young University who has four children of her own and is pro-life, said she sees problems with a case such as this. "My concern here is that even in Utah, where the mother has the right to make these choices, that someone other than the mother will be second-guessing these decisions," Driessen said. "In order to bring this case, the government is making a decision to go back and re-evaluate her decisions and medical advice and decide after the fact whether there is a basis for a murder case or not," Driessen said. For her part, Rowland, in a jailhouse interview with KSL Newsradio 1160, said she came to Utah from Florida in November to have the babies and place them for adoption because she and the birth father could not take care of the children. She denies she was advised to have a C-section with the twins and also denies she refused to have one to avoid a scar. She said the twins were ultimately born by C-section. "I've never refused a C-section," Rowland said. "I've already had two prior C-sections. Why would I say something like that?" Rowland said she has been in the Salt Lake County Jail for two months on child endangerment charges, which apparently stem from the same incident. The state court computer system shows a second-degree felony child endangerment charge lodged against a Melissa Ann Rowland dated Jan. 13, which is the same day cited in the murder charge. Rowland said she has two other children who live with their grandparents in Virginia. She also said the surviving twin, a girl, has been adopted by a family Rowland knows. "She's safe and well taken care of." Court documents state that Rowland saw a doctor at LDS Hospital on Jan. 2 who recommended an immediate Caesarean section because of fetal heart rate difficulties and a problematic ultrasound that showed the babies were not developing well, and because Rowland had very low amniotic fluid. The doctor said in a written statement that Rowland left the hospital against medical advice and that she acknowledged her departure could result in significant brain injury or death to one or both of the babies, court documents state. A nurse at Salt Lake Regional Medical Center also saw Rowland on Jan. 2 and said she heard Rowland say she left LDS Hospital because the doctors there wanted to cut her open "from breast bone to pubic bone," that this would "ruin her life" and that she would rather "lose one of the babies than be cut like that," court documents say. Rowland then went to Pioneer Valley Hospital on Jan. 9 to see if the babies were alive, according to a nurse's statement included in the charging documents. The nurse could find only one fetal heartbeat and recommended that Rowland stay at the hospital, but Rowland left, the document says. Another nurse at Pioneer Valley Hospital said that Rowland delivered twins there on Jan. 13, but one boy twin was stillborn, according to prosecutors. Court documents further state that Dr. Edward Leis, Utah's medical examiner, performed an autopsy on the baby and found no congenital problems. He estimated the baby had died about two days earlier and said if the child had been delivered when the doctors had recommended, the child would have been alive. Asked about a woman's right to make choices during pregnancies, prosecutor Kent Morgan said: "She didn't choose among alternative treatments available. She chose to get no treatment whatsoever." Utah also has its share of expectant mothers who drink liquor or consume illegal drugs during pregnancy, which can cause fetal death, but Morgan said these are prosecuted in this area. "These cases we review on a case-by-case basis," Morgan said. "If a mother causes the death of an unborn child in an unlawful way, she may well be facing murder charges." Karrie Galloway, CEO of Planned Parenthood Association of Utah, said she finds the situation troubling. "This case points out the inconsistencies in our laws, in our emotions and our feelings about parents and children, or parents and children-to-be," Galloway said. "I would remind us that a parent who has a child who is in need of an organ transplant, let's say a kidney, is not required to give a kidney to a living child. There is no repercussion for them. "Where we feel we can make a knee-jerk reaction is mothers and the children they're carrying. We as a society believe we can make decisions for them and that's where the inconsistency comes in," Galloway said. The case also reflects on the recent legal brouhaha surrounding Parker Jensen, the Sandy youth who was diagnosed with Ewing's sarcoma, a rare form of cancer. His parents, Barbara and Daren Jensen, doubted the diagnosis, expressed beliefs that chemotherapy would harm Parker more than help him, and battled state officials vigorously over forced chemotherapy for Parker and later, for custody of the boy. Driessen predicts this could raise numerous legal and ethical questions. "Every medical procedure comes with risks," she said. "A C-section is an invasive procedure. It seems a woman should have the right to decide whether to have that procedure and to weigh the risks and benefits to herself and her family, and not end up prosecuted for murder if the state doesn't happen to agree with the way she balanced out the equities." ------------------------- A good friend will come and bail you out of jail . . . but, a true friend will be sitting next to you saying, "Damn . . . that was fun!" -----Unknown
pb...
03-12-2004, 05:45 PM
Rupa Bose wrote: This whole thing sounds strange. First of all, I think it's pretty chilling that a hospital or doctor thinks it can tell a woman what to do to bear her babies and they believe she must abide by it. If she had had the Caesarian, and one twin had still died, would she have been able to sue the hospital? And what's the next step? Prosecute pregnant women who drink? Who smoke? Who eat at MacDonald's? Who forget to take folic acid and calcium? Secondly, she says she has had two prior C-secs, and did not say anything about refusing another. Sounds like someone trying to pre-emptively shift blame. Rupa
I agree. This is something which has begun to look like a possible
pattern in the state of Utah. Nothing new, actually, for the backbone
of the state's majority of a certain religious leaning...but surely
getting more press of late.
Just a few minutes ago I heard Bill O'Reilly's "take" on this case...
Now there's a guy who make my blood run cold. [His 'Talking Points
Memo from tonight [3-12] will be on the foxnews site by tomorrow.
pb...
http://deseretnews.com/dn/view/0,1249,595048573,00.htmlMother is charged in stillbirth of a twinBy Linda ThomsonDeseret Morning News In a case that could unleash a storm of debate about women's reproductiverights, as well as the rights of parents, the Salt Lake District Attorney'sOffice has charged a woman who allegedly refused a Caesarean section withfirst-degree murder after one of her twins was born dead. Melissa Ann Rowland, 28, demonstrated "depraved indifference to humanlife" by failing to pursue immediate medical treatment, including arecommendation for a C-section, according to court documents filed in 3rdDistrict Court. Rowland is being held in jail on $250,000 bond. If convicted, she couldface up to life in prison. The other twin is in stable condition. "It was her omissions that caused the death of the child," said KentMorgan of the Salt Lake District Attorney's Office. "She was given three orfour opportunities to get a C-section to save that baby. She continued to sayno because she didn't want her cosmetic appearance to be disfigured." Marguerite Driessen, an associate professor of law at Brigham YoungUniversity who has four children of her own and is pro-life, said she seesproblems with a case such as this. "My concern here is that even in Utah, where the mother has the right tomake these choices, that someone other than the mother will be second-guessingthese decisions," Driessen said. "In order to bring this case, the government is making a decision to goback and re-evaluate her decisions and medical advice and decide after the factwhether there is a basis for a murder case or not," Driessen said. For her part, Rowland, in a jailhouse interview with KSL Newsradio 1160,said she came to Utah from Florida in November to have the babies and placethem for adoption because she and the birth father could not take care of thechildren. She denies she was advised to have a C-section with the twins andalso denies she refused to have one to avoid a scar. She said the twins were ultimately born by C-section. "I've never refuseda C-section," Rowland said. "I've already had two prior C-sections. Why would Isay something like that?" Rowland said she has been in the Salt Lake County Jail for two months onchild endangerment charges, which apparently stem from the same incident. Thestate court computer system shows a second-degree felony child endangermentcharge lodged against a Melissa Ann Rowland dated Jan. 13, which is the sameday cited in the murder charge. Rowland said she has two other children who live with their grandparentsin Virginia. She also said the surviving twin, a girl, has been adopted by afamily Rowland knows. "She's safe and well taken care of." Court documents state that Rowland saw a doctor at LDS Hospital on Jan. 2who recommended an immediate Caesarean section because of fetal heart ratedifficulties and a problematic ultrasound that showed the babies were notdeveloping well, and because Rowland had very low amniotic fluid. The doctor said in a written statement that Rowland left the hospitalagainst medical advice and that she acknowledged her departure could result insignificant brain injury or death to one or both of the babies, court documentsstate. A nurse at Salt Lake Regional Medical Center also saw Rowland on Jan. 2and said she heard Rowland say she left LDS Hospital because the doctors therewanted to cut her open "from breast bone to pubic bone," that this would "ruinher life" and that she would rather "lose one of the babies than be cut likethat," court documents say. Rowland then went to Pioneer Valley Hospital on Jan. 9 to see if thebabies were alive, according to a nurse's statement included in the chargingdocuments. The nurse could find only one fetal heartbeat and recommended thatRowland stay at the hospital, but Rowland left, the document says. Another nurse at Pioneer Valley Hospital said that Rowland deliveredtwins there on Jan. 13, but one boy twin was stillborn, according toprosecutors. Court documents further state that Dr. Edward Leis, Utah's medicalexaminer, performed an autopsy on the baby and found no congenital problems. Heestimated the baby had died about two days earlier and said if the child hadbeen delivered when the doctors had recommended, the child would have beenalive. Asked about a woman's right to make choices during pregnancies,prosecutor Kent Morgan said: "She didn't choose among alternative treatmentsavailable. She chose to get no treatment whatsoever." Utah also has its share of expectant mothers who drink liquor or consumeillegal drugs during pregnancy, which can cause fetal death, but Morgan saidthese are prosecuted in this area. "These cases we review on a case-by-case basis," Morgan said. "If amother causes the death of an unborn child in an unlawful way, she may well befacing murder charges." Karrie Galloway, CEO of Planned Parenthood Association of Utah, said shefinds the situation troubling. "This case points out the inconsistencies in our laws, in our emotionsand our feelings about parents and children, or parents and children-to-be,"Galloway said. "I would remind us that a parent who has a child who is in needof an organ transplant, let's say a kidney, is not required to give a kidney toa living child. There is no repercussion for them. "Where we feel we can make a knee-jerk reaction is mothers and thechildren they're carrying. We as a society believe we can make decisions forthem and that's where the inconsistency comes in," Galloway said. The case also reflects on the recent legal brouhaha surrounding ParkerJensen, the Sandy youth who was diagnosed with Ewing's sarcoma, a rare form ofcancer. His parents, Barbara and Daren Jensen, doubted the diagnosis, expressedbeliefs that chemotherapy would harm Parker more than help him, and battledstate officials vigorously over forced chemotherapy for Parker and later, forcustody of the boy. Driessen predicts this could raise numerous legal and ethical questions. "Every medical procedure comes with risks," she said. "A C-section is aninvasive procedure. It seems a woman should have the right to decide whether tohave that procedure and to weigh the risks and benefits to herself and herfamily, and not end up prosecuted for murder if the state doesn't happen toagree with the way she balanced out the equities."-------------------------A good friend will come and bail you out of jail . . . but, a true friend willbe sitting next to you saying, "Damn . . . that was fun!"-----Unknown
Marley Greiner
03-12-2004, 06:10 PM
This reeks. Melissa Rowland is getting support from National Advocates for
Pregnant Women. I don't know if this is on the NAPW page or not. I got it
through the Women's Clinic Defense list a little while ago. Apparently
these kinds of hospital activities are not uncommon in our nanny state.
Lynn brings up lots of questions and other equally horrendous stories. NAPW
is at www.advocatesforpregnantwomen.org They are nobody to mess with. I
think this is going to be a big story, and certainly another volley in repro
autonomy.
Marley
From Lynn Paltrow:
Dear Friends and Allies:
As you may know, a pregnant woman in Utah who allegedly ignored medical
warnings to have a caesarian section to save her twins was charged Thursday
with murder after one of the babies was stillborn. We are reaching out to
her public defender and using our public education networks to challenge the
legitimacy of this dehumanzing and counterproductive use of the criminal
law. Below is a commentary we are submitting to various papers around the
country. We hope you find it useful in developing your responses as well.
We will also be working on a piece about how this arrest is the obvious and
predictable outcome of attempts to personify the fetus in the law through
the Unborn Victims of Violence Act and similar legislation.
NAPW Commentary on Murder Arrest of Pregnant Woman Who Refused a C-Section
An arrest in Utah yesterday of 28 year old Melissa Rowland who allegedly
committed murder by refusing a recommended C-section represents a shocking
abuse of state authority and a dangerous disregard for medical ethics.
In this case prosecutors claim that a woman pregnant with twins rejected
advice of her physicians to have a cesarean section. Prosecutors assert
that the stillbirth of one of the twins was caused by her refusal to undergo
this surgery. According to the law, however, pregnant women, like other
Americans have the right to decide whether or not to undergo surgery. The
American Medical Association and the American College of Obstetricians and
Gynecologists as well other leading medical groups similarly conclude that
the final decision must be the woman's.
These legal and medical -ethical principles make sense for both women and
children. Doctors are not infallible and their advice is just that, advice.
Recently a woman went to a hospital in Pennsylvania ready to deliver her
seventh child. For reasons that remain far from clear, the hospital decided
she needed a c-section and when she refused they went to court. They asked
for and won an order giving the hospital custody of the fetus before during
and after delivery and the right to take custody of the pregnant woman and
forcer to have the cesarean surgery. She and her husband fled the hospital
and delivered a perfectly health baby without surgery. Similar cases
abound. In Georgia doctors got a court order claiming that without a
c-section the baby had a 99% chance of dying and the woman a 50% chance of
dying. The court granted the order, she fled and delivered a healthy baby
vaginally. Neither women nor children are protected by a system that makes
women flee from hospitals or subjects them to unnecessary surgery.
Angela Carder was not as lucky. Critically ill with a recurrence of cancer
and 25 weeks pregnant, she, her family and attending physicians agreed to
focus on prolonging her young life for as long as possible. The Hospital
however sought a court order forcing her to have a c-section. Despite
testimony that the surgery could kill her, the court concluded that the
fetus had a right to life and ordered her to be cut open against her will.
The surgery was performed: the fetus died within two hours and Angela died
within two days with the c-section listed as a contributing factor. No one
suggested arresting the doctor or hospital officials for murder, in that
case arguably a double homicide.
Ayesha Madyun survived. She was forced to have a c-section based on the
claim that she had been in labor too long and that her baby was at risk of
dying from an infection. Her request to be allowed to wait longer before
having the surgery so she could try natural delivery was portrayed to the
court as an irrational religious objection to surgery. The court granted the
order and after Ms. Madyun had been forcibly cut open they found that there
was in fact no infection.
The ability to get a court order or threaten pregnant women with arrest has
many negative consequences beyond denying pregnant women rights and
performing unnecessary surgery that poses health risks to both the pregnant
woman and fetus. In another Illinois case, doctors sought a court order for
a forced c-section claiming the pregnant woman and her husband held
irrational religious beliefs opposing all surgery. The doctors ran to the
court instead of spending time with the patient. The court refused the
order, the baby was delivered naturally, and it turned out that if the
doctors had spent the time communicating with the patient and her family
rather than judging them and rushing to court, they would have learned that
it was misunderstanding not an absolute objection to surgery that made it
appear that this couple was refusing a recommended (but unnecessary)
c-section.
Today both the law and medicine agree that coerced medical interventions on
pregnant women are an abuse of medical and state authority and that while
pregnant women do not always make the right decision, in America, it is the
person on whom the surgery is to be performed who gets to decide. In spite
of this, Utah prosecutors apparently think that a pregnant woman who
exercises her constitutional and common-law right to refuse medical advice
can be arrested for murder. This is not only a clear misuse of the law, it
is dangerous to children and fundamentally dehumanizing to pregnant women
and their families.
Lynn M. Paltrow
Executive Director
National Advocates for Pregnant Women
153 Waverly Place, 6th Floor
New York, New York 10014
212-255-9252
917-921-7421
212-254-9679 (fax)
LMPNYC@aol.com
www.advocatesforpregnantwomen.org
"Rupa Bose" <rkbose@pacific.net.sg> wrote in message
news:e5619372.0403121435.73d2a01e@posting.google.c om... This whole thing sounds strange. First of all, I think it's pretty chilling that a hospital or doctor thinks it can tell a woman what to do to bear her babies and they believe she must abide by it. If she had had the Caesarian, and one twin had still died, would she have been able to sue the hospital? And what's the next step? Prosecute pregnant women who drink? Who smoke? Who eat at MacDonald's? Who forget to take folic acid and calcium? Secondly, she says she has had two prior C-secs, and did not say anything about refusing another. Sounds like someone trying to pre-emptively shift blame. Rupa http://deseretnews.com/dn/view/0,1249,595048573,00.html Mother is charged in stillbirth of a twin By Linda Thomson Deseret Morning News In a case that could unleash a storm of debate about women's
reproductive rights, as well as the rights of parents, the Salt Lake District
Attorney's Office has charged a woman who allegedly refused a Caesarean section
with first-degree murder after one of her twins was born dead. Melissa Ann Rowland, 28, demonstrated "depraved indifference to
human life" by failing to pursue immediate medical treatment, including a recommendation for a C-section, according to court documents filed in
3rd District Court. Rowland is being held in jail on $250,000 bond. If convicted, she
could face up to life in prison. The other twin is in stable condition. "It was her omissions that caused the death of the child," said
Kent Morgan of the Salt Lake District Attorney's Office. "She was given three
or four opportunities to get a C-section to save that baby. She continued
to say no because she didn't want her cosmetic appearance to be disfigured." Marguerite Driessen, an associate professor of law at Brigham
Young University who has four children of her own and is pro-life, said she
sees problems with a case such as this. "My concern here is that even in Utah, where the mother has the
right to make these choices, that someone other than the mother will be
second-guessing these decisions," Driessen said. "In order to bring this case, the government is making a decision
to go back and re-evaluate her decisions and medical advice and decide after
the fact whether there is a basis for a murder case or not," Driessen said. For her part, Rowland, in a jailhouse interview with KSL Newsradio
1160, said she came to Utah from Florida in November to have the babies and
place them for adoption because she and the birth father could not take care
of the children. She denies she was advised to have a C-section with the twins
and also denies she refused to have one to avoid a scar. She said the twins were ultimately born by C-section. "I've never
refused a C-section," Rowland said. "I've already had two prior C-sections. Why
would I say something like that?" Rowland said she has been in the Salt Lake County Jail for two
months on child endangerment charges, which apparently stem from the same
incident. The state court computer system shows a second-degree felony child
endangerment charge lodged against a Melissa Ann Rowland dated Jan. 13, which is the
same day cited in the murder charge. Rowland said she has two other children who live with their
grandparents in Virginia. She also said the surviving twin, a girl, has been adopted
by a family Rowland knows. "She's safe and well taken care of." Court documents state that Rowland saw a doctor at LDS Hospital on
Jan. 2 who recommended an immediate Caesarean section because of fetal heart
rate difficulties and a problematic ultrasound that showed the babies were
not developing well, and because Rowland had very low amniotic fluid. The doctor said in a written statement that Rowland left the
hospital against medical advice and that she acknowledged her departure could
result in significant brain injury or death to one or both of the babies, court
documents state. A nurse at Salt Lake Regional Medical Center also saw Rowland on
Jan. 2 and said she heard Rowland say she left LDS Hospital because the doctors
there wanted to cut her open "from breast bone to pubic bone," that this would
"ruin her life" and that she would rather "lose one of the babies than be cut
like that," court documents say. Rowland then went to Pioneer Valley Hospital on Jan. 9 to see if
the babies were alive, according to a nurse's statement included in the
charging documents. The nurse could find only one fetal heartbeat and recommended
that Rowland stay at the hospital, but Rowland left, the document says. Another nurse at Pioneer Valley Hospital said that Rowland
delivered twins there on Jan. 13, but one boy twin was stillborn, according to prosecutors. Court documents further state that Dr. Edward Leis, Utah's medical examiner, performed an autopsy on the baby and found no congenital
problems. He estimated the baby had died about two days earlier and said if the child
had been delivered when the doctors had recommended, the child would have
been alive. Asked about a woman's right to make choices during pregnancies, prosecutor Kent Morgan said: "She didn't choose among alternative
treatments available. She chose to get no treatment whatsoever." Utah also has its share of expectant mothers who drink liquor or
consume illegal drugs during pregnancy, which can cause fetal death, but Morgan
said these are prosecuted in this area. "These cases we review on a case-by-case basis," Morgan said. "If
a mother causes the death of an unborn child in an unlawful way, she may
well be facing murder charges." Karrie Galloway, CEO of Planned Parenthood Association of Utah,
said she finds the situation troubling. "This case points out the inconsistencies in our laws, in our
emotions and our feelings about parents and children, or parents and
children-to-be," Galloway said. "I would remind us that a parent who has a child who is
in need of an organ transplant, let's say a kidney, is not required to give a
kidney to a living child. There is no repercussion for them. "Where we feel we can make a knee-jerk reaction is mothers and the children they're carrying. We as a society believe we can make decisions
for them and that's where the inconsistency comes in," Galloway said. The case also reflects on the recent legal brouhaha surrounding
Parker Jensen, the Sandy youth who was diagnosed with Ewing's sarcoma, a rare
form of cancer. His parents, Barbara and Daren Jensen, doubted the diagnosis,
expressed beliefs that chemotherapy would harm Parker more than help him, and
battled state officials vigorously over forced chemotherapy for Parker and
later, for custody of the boy. Driessen predicts this could raise numerous legal and ethical
questions. "Every medical procedure comes with risks," she said. "A C-section
is an invasive procedure. It seems a woman should have the right to decide
whether to have that procedure and to weigh the risks and benefits to herself and
her family, and not end up prosecuted for murder if the state doesn't happen
to agree with the way she balanced out the equities." ------------------------- A good friend will come and bail you out of jail . . . but, a true
friend will be sitting next to you saying, "Damn . . . that was fun!" -----Unknown
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