Orlando Group Says Disabled Woman Will Not Abort Fetus

From: WTVJ, FL - May 29, 2003

Woman Believed To Have Been Raped

MIAMI -- An anti-abortion group claims it has convinced a retarded, deaf, seizure-prone and pregnant rape victim to have surgery to deliver her baby, even though her doctors received authorization from a judge last week to abort the fetus.

The Orlando-based Liberty Counsel, a group that defends religious civil liberties, made the announcement late Wednesday and called it a major victory in the ongoing debate over abortions.

"We're very excited and very pleased with the result," said Mathew Staver, president and general counsel of the Liberty Counsel. "We're very pleased that Baby Doe will have a chance at life now."

Circuit Judge Arthur Rothenberg gave permission last week to doctors at Jackson Memorial Hospital to abort the fetus, which is in its 24th week of development. The judge also authorized doctors to perform a tubal ligation so the woman can't become pregnant again.

But Liberty Counsel attorneys said they convinced Rothenberg that the medical procedure planned for the abortion and ligation could also be used to perform a "live birth." Rothenberg could not be reached late Wednesday to confirm the advocacy group's claim.

Police believe the woman, who has the cognitive skills of a 4-year-old, was likely raped more than once. The woman, whose identity has not been revealed, managed to tell Rothenberg her wishes during a hearing on May 22: "My baby no more," she said.

Her attorney, Lewis H. Fogle Jr., could not be reached for comment early Thursday. The woman's mother had also asked Rothenberg to allow the abortion because she feared for her daughter's health.

There is still a 30 percent chance that the disabled woman's fetus could suffer from neurological defects, Staver said.

"We would rather see the baby have a shot at life than have no shot at all," Staver said.

Medical officials have said the woman's life would be in danger if she carried the child to full term. The fetus is also in serious risk of being deformed because of the woman's seizure medications, they said.

Copyright 2003 by NBC6.net The Associated Press contributed to this report. All rights reserved.