Defenders Mobilize to Assist Teen Who Aborted

Legal advocates are closely watching the case of a Dominican teen in Massachusetts who faces possible homicide charges for performing a do-it-yourself abortion. Latina representatives say the case dramatizes health care disparities.

Legal and reproductive rights advocates are rushing to the defense of an 18-year-old Dominican immigrant living in Lawrence, Mass., who faces possible murder charges for undertaking a do-it-yourself abortion.

Local lawyers with the American Civil Liberties Union are monitoring the case and have spoken with the family about available services and support.

Susan Yanow, longtime Massachusetts reproductive rights activist and founder of the Cambridge-based Abortion Access Project, has helped the young woman, Amber Abreu, identify medical and legal experts to support her public defender.

"This is a travesty on every level," says Yanow. "When we don't provide access, people are left to make decisions as best they can, which may not be congruent with best health practices."

As of now, the teen faces the charge of procuring an illegal miscarriage -- which carries a maximum sentence of seven years -- based on a relatively obscure 1840s statute. Possible homicide charges mean the teen could face an even higher maximum sentence of life in prison if she is found to have acted with malice aforethought or premeditation. The teen's legal status hinges on the outcome of an autopsy that will determine the length of her pregnancy.

Prosecutors state that Abreu was between 23 and 25 weeks pregnant. Abortion is legal in Massachusetts up to the 24th week, nevertheless, the teen is charged with procuring a miscarriage. If in fact the autopsy indicates she was 24 weeks or more pregnant, prosecutors could decide to bring homicide charges.

Abreu will be back in court Feb. 25 for a pretrial hearing.

Yanow from the state's abortion access project argues that the "procuring the illegal miscarriage" charge is a legal anomaly. "No other medical procedure, aside from assisted suicide, carries criminal charges," she said.

Defense attorneys could challenge any charges against Abreu in a number of ways, says ACLU Massachusetts spokesperson Sarah Wunsch.

Most basic, however, is the argument that Abreu did not understand she was committing a crime and legal due process requires fair notice from the government of what constitutes a criminal act.

"She is a young, scared, poor immigrant who couldn't possibly be reasonably expected to understand the intricacies of the legal system," Wunsch says. "We hope the prosecutor will rethink levying charges and decide against prosecuting her because one possible effect of this case could see women driven away from the public health system out of fear, and that is not beneficial to women or babies."

First Court Appearance in January

Abreu made an initial court appearance on Jan. 24 in the Lawrence District Court on charges of unlawfully procuring a miscarriage that resulted in the death of her premature baby. She had previously admitted to taking three pills of Cytotec, the brand name for misoprostol, an anti-ulcer medicine known to induce abortion.

Abreu gave birth to a 1 and 1/4 pound baby girl named Ashley on Jan. 6 in the Lawrence General Hospital emergency room, two days after taking the medication. She left the hospital almost immediately afterward against the advice of doctors.

The infant was rushed to Tufts-New England Medical Center in Boston where she clung to life for four days before dying on Jan 10. Doctors discovered traces of Cytotec in the baby's urine.

Under police questioning, Abreu -- who speaks some English and has lived in the United States for 18 months -- said the baby's father had abandoned her and she was afraid of burdening her immigrant mother with the unwanted pregnancy.