Two doctors,Steven Brigham, 55, of Voorhees, New Jersey and Nicola Riley, 46, of Salt Lake City were arrested and charged with fetal homicide in Maryland, based on a botched abortion.

Under Maryland law it is unlawful to kill a viable fetus. But to be convicted of murder the state has to prove that the doctors intended to kill a viable fetus.

Brigham, who owns American Women’s Services (AWS), is charged with five counts of first degree murder, five counts of second degree murder and one count of conspiracy. His employee, Riley is charged with one count of first degree murder and one count of second degree murder, as well as the conspiracy charge. It is unclear how they get the five counts of murder. But, it is alleged that Brigham and Riley began a late term abortion on an eighteen year old patient at Brigham’s Vorhees, New Jersey clinic. Late term abortions are illegal in New Jersey so they brought the patient of Maryland to complete the abortion. Due to problems during the abortion the patient suffered from a ruptured uterus and bowel injuries. According to the New Jersey State Board of Medical Examiners the teenager was one of five women who Brigham began late term abortions in New Jersey and completed them in Maryland.

To make matters even more complicated Brigham practiced at American Family Planning (AFP) Inc in Pensacola, Florida during the 1990′s. AFP gave Brigham’s address as its mailing address. AFP’s building was the subject of a fire causing between $50,000 and $75,000 worth of damage, Sunday. There is no proof of a relationship between the fire and the Maryland charges but an investigation is continuing. ¹

The one thing we know for sure is that it is too early to prejudge the situation. The indictment has not even been released and the defendants have not been extradited. Brigham does not seem to have too many friends either inside the abortion community or outside. While many people might like to see him go down that does not mean he is guilty. We need to wait until the evidence has been released and the case is more clear. Nor is he guilty purely because he has a history of discipline by state medical boards.

Scott Roeder is charged with the Kansas murder of Dr.George Tiller. Tiller was one of few doctors in this country who performed late term abortions.

At the time of his arrest he did the right thing. He refused to talk to the police without an attorney present. After all, we have all heard the Miranda rights on TV. In the usual pronouncement of the rights a defendant is told “anything you say can be used against you.” The better pronouncement is “Anything you say can and will be used against you. Because a smart prosecutor will find a way.

But after refusing to talk to the police, Roeder called the Associated Press. He told them, “I know there are many other similar events planned around the country as long as abortion remains legal,” Well guess what: his quote ends up in every newspaper in the country. And guess what else, he will hear it at trial. Just as his comments to the police are admissible any other comments he makes will be admissible at trial. Any prosecutor worth his or her salt will get this statement admitted as an admission of guilt. After all, the argument will go, if he was not involved in the murder how would he know that similar criminal acts are planned around the country.

And by the way, Mr Roeder, I’d be willing to bet that every conversation you make from the jail telephone (besides those to your lawyer) are taped and provided immediately to the District Attorney.