COMMENTARY: "Purvi Patel's Reduced 'Feticide' Sentence Is A Victory—But Not Enough" by Katie Klabusich, published by 'The Establishment' on July 23, 2016. 'The Establishment' describes itself as: "a multimedia company run and funded by women that’s predicated on a simple, yet radical notion: the world is a better, more interesting place when everyone has a voice."
GIST: "In a partial victory yesterday for reproductive justice advocates, the Indiana Court of Appeals vacated unjustly incarcerated Purvi Patel’s felony conviction for “feticide” while upholding the prosecution and conviction for “felony neglect of a dependent.”...Essentially, they can’t prove her neglect was on purpose enough for the felony with a 30-year sentence, but are still saying she really should have known better, so she still faces three years because the fetus was definitely born alive. The almost unfathomable acceptance of the state’s “medical” testimony about viability was described perfectly by Rewire’s vice president of law and the courts, Jessica Mason Pieklo: “[T]he state’s medical expert used the ‘lung float test,’ also known as the hydrostatic test, to conclude Patel’s fetus had taken a breath outside the womb. The test, developed in the 17th century, posits that if a fetus’ lungs are removed and placed in a container of liquid and the lungs float, it means the fetus drew at least one breath of air before dying. If the lungs sink, the theory holds, the fetus did not take a breath. Not surprisingly, medical forensics has advanced since the 17th century, and medical researchers widely question the hydrostatic test’s reliability. Yet this is the only medical evidence the state presented of live birth.”.........The response from Shelly Dodson, director of All-Options Pregnancy Resource Center in Bloomington, Indiana, was more scathing. As she said in a statement following the Court’s ruling: “The research is clear. If pregnant people fear criminal consequences, they don’t go to the doctor. Indiana is setting a dangerous precedent not to trust the medical community. Choosing to criminalize people around pregnancy decisions and pregnancy outcomes is a grave injustice, which is just as true for anti-abortion laws like HB 1337 as it is for Purvi Patel. The state of Indiana is sending a clear message, to anyone who is or might be pregnant that, “you don’t deserve help, you don’t deserve support—you deserve jail.” People throughout Indiana deserve open-hearted support through all their pregnancy and parenting turning points and to be treated with respect and dignity.”.........Parker Dockray, executive director of the pregnancy, parenting, adoption, and abortion support organization Backline and All-Options Pregnancy Resource Center in Bloomington, Indiana, broke down the scope of the injustice from the Patel case and tied it to the need for access to the full spectrum of education and health-care services: “The state of Indiana is choosing to restrict and punish women of color who experience poor pregnancy outcomes, while at the same time taking away needed supports such as unbiased options counseling, information and support for postpartum depression, and other resources for pregnant people and families. Purvi Patel’s case is an example of why access to information and support is so crucial. Indiana’s leaders continue to enforce a punitive response when their focus should be on increasing supportive programs and access to information—not on punishing people who have had a miscarriage or are seeking abortion care.”
The entire commentary can be found at:
http://www.theestablishment.co/2016/07/23/purvi-patels-reduced-feticide-sentence-is-a-victory-but-not-enough/
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The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
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http://smithforensic.blogspot.
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