In May 1990, abortionist Joseph Melnick was convicted of allowing a viable and healthy 32-week baby girl, who weighed 3 pounds and 9 ounces, to die by ordering ‘no care’ to be given her after she survived his botched third-trimester abortion attempt.
The abortion patient herself was only 13 years old, and the killing took place at what was then the West Park Hospital in Philadelphia in 1984.
The nursing supervisor testified that “Baby Girl Smith” showed signs of life and gasped and moaned following the abortion. Other medical personnel in the room pointed out the infant’s condition and requested that Melnick aid the infant. A nursing supervisor testified that she attempted CPR on the infant and detected heartbeat, and that she found a death certificate filed by Melnick stating that the infant was stillborn. She tore up the death certificate, whereupon Melnick filled out a birth certificate for the infant. Another doctor ordered resuscitation, but the infant died after 90 minutes. Melnick indicated on medical records that he observed “agonal breathing” in the infant, which he defined for the judge as “It’s the last effort a human being makes to sustain life.” After the judge asked him three times, he admitted that agonal breathing would not be observed in a stillborn infant. The autopsy found that the infant had a full head of hair, and skin typical of a neonate [newborn]. Melnick allegedly admitted, “After the fact, it occurred to me that I had miscalculated.” When the patient insisted that she was four months pregnant, Melnick noted the size of her infant and told her “if that’s true, your baby would have been 18 pounds at birth.” The defense claimed that the prosecution was based on “frustration raised over the abortion issue” rather than evidence, and that a conviction would have a “chilling effect” on other doctors’ willingness to perform abortions.
Note: Another Pennsylvania abortionist, Connie Ten Yen, was also charged with infanticide under similar circumstances in 1989.
References: Los Angeles Times Magazine, January 7, 1990; Houston Chronicle, June 13, 1989; United Press International (UPI), October 3, 1984; Associated Press, March 16, May 15, June 12 and December 20, 1989; Leslie Bond. “Melnick Convicted Of Infanticide in Death of Live-Born Aborted Baby.” National Right to Life News, June 22, 1989, pages 1 and 11; Debra Braun. “Murder Charge Dropped Against Abortionist.” National Right to Life News, March 14, 1985, pages 1 and 8.
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