Abortion Doctor’s Lawyers Seek Dismissal Of Charges

Abortion Doctor’s Lawyers Seek Dismissal Of Charges « CBS Baltimore: Dr. Steven Brigham lost his New Jersey medical license in 2010 after regulators discovered an arrangement under which he would begin second- and third-trimester abortions in New Jersey, and then have the patients drive themselves to Maryland the next day to complete the procedures.

His attorneys argued in a motion filed last week that the arrangement protects him from criminal prosecution in Maryland because Brigham administered drugs that killed the fetuses while the patients were in New Jersey. He then extracted the fetuses at his clinic in Elkton, Md., a small town in the northeast corner of the state.

Brigham’s lawyers also argue that he is immune from prosecution under Maryland’s fetal homicide law, which was intended to apply to people who kill or do physical harm to pregnant women, causing fetal death. The law includes exemptions for physicians administering lawful medical care, and Brigham’s attorneys say using it against an abortion doctor interferes with a woman’s constitutional right to terminate a pregnancy.

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