"Purvi Patel, the Indiana woman who was convicted
of feticide after self-inducing an abortion in 2013, received a partial
vindication last week when an appeals court threw out that charge. The
court also reduced a second charge of neglecting a dependent. Now, the politically charged case — set in the
home state of Republican vice presidential nominee Mike Pence, and
evoking presidential nominee Donald Trump's since-retracted comments that women should be "punished" for having an abortion — is at a crossroads. The case could quietly end here, or it could go a lot further.
Because of the mixed results of the appeals
court decision, both sides have 30 days from the July 22 ruling to take
the case to Indiana's highest court. Under Indiana's rules, doing so would dissolve the appeals court decision, and would potentially restore a jury's conviction for which Patel faced
twenty years incarceration. Patel has been in prison since she was
sentenced in March 2015, and would not be eligible for bail in the
meantime. Still, for Patel, who insisted she had a stillbirth and did
not know how far along her pregnancy was, an appeal would offer the
chance to clear her name entirely. "It may be risky to appeal," said Kathrine Jack,
Indiana counsel for the National Advocates for Pregnant Women, which
filed a friend-of-the-court brief
on Patel's behalf. "The Indiana Supreme Court could say the trial court
was right. But some people would appeal because they wouldn't want a
felony charge on their record or as a matter of principle." If Patel does not appeal, she could be released
from prison as early as this September, assuming she gets the maximum
sentence under the charge the appeals court ordered. If the state appeals on the grounds that it has
the right to charge with feticide women who end their pregnancies, the
proceedings could reignite a national debate over prosecuting women
under laws passed with the intent to protect them. In the part of the decision that got the most attention, the three-judge panel of Indiana's Court of Appeals ruled
that Patel shouldn't have been prosecuted under the state feticide law
for trying to end her pregnancy. "We hold that the legislature did not
intend for the feticide statute to apply to illegal abortions or to be
used to prosecute women for their own abortions," they wrote. While the feticide charge was the biggest
lighting rod, the neglect charge brought with it the most prison time.
The appeals court reduced that charge, concluding that the state hadn't
proved that Patel's behavior after she gave birth led to the death of a
baby, while still faulting her for not seeking immediate medical care.
(The jury sided with the state's claim that Patel had given birth to a
live, potentially viable baby, which she disputed at trial. Her
attorneys also argued she did not know how far along her pregnancy was. Patel's attorney, Stanford Law School professor
Lawrence Marshall, said he and his client were still reviewing their
options. A spokesman for the Indiana Attorney General's Office said
there was no new information about the state's intentions beyond its statement issued on July 22.........The question of prosecuting pregnant women for
outcomes in their pregnancies was vaulted into the national debate when
Trump told MSNBC's Chris Matthews in March that banning abortion means
"there has to be some form of punishment" for the woman. Under protest
from anti-abortion groups they insisted they see women who have
abortions as victims, Trump released a statement saying, "The doctor or
any other person performing this illegal act upon a woman would be held
legally responsible, not the woman." In Patel's case, and that of women
like her, who order abortion-inducing pills online and take them alone,
there is no doctor to prosecute. For now, said Jack, "if the opinion stands,
there'll be a precedent stating that women cannot be prosecuted for
feticide as it relates to their own pregnancy." But, she added, "In
other states... sometimes that's not enough to stop the prosecutions."
http://www.nbcnews.com/news/us-news/what-s-next-purvi-patel-n621296