Mass. Supreme Judicial Court Reverses Conviction of Dr. Kenneth Edelin

Extract

On April 12,1974 Dr. Kenneth Edelin was indicted for manslaughter in connection with a legal abortion he performed at Boston City Hospital. Specifically he was charged with causing the death of the baby boy who, the prosecution charged, was born as the result of a hysterotomy. After a lengthy trial that consisted almost exclusively of complex medical testimony Dr. Edelin was found guilty of the charge. On December 17, 1976 the Massachusetts Supreme Judicial Court reversed the verdict and ordered that a judgment of acquittal be entered.

All six judges who heard the case voted to reverse the conviction with five Justices deciding that a judgment of acquittal should be entered. These five Justices found that there was insufficient evidence lo go to a jury on the issue of whether Or. Edelin was guilty of wanton or reckless conduct, and that motions for a directed verdict of acquittal should have been granted by the trial judge. Three of the live Justices would have reached the same result on both the grounds that there was insufficient evidence of live birth. and that there was a prejudicial divergence between the accusation and the instructions to the jury.