From the Miami Herald via blonde sagacity:
The case began July 20 when an anonymous woman called from a pay phone outside the clinic [A Gyn Diagnostics], saying a baby had been born alive and was killed by employees.
The next day, detectives located an 18-year-old who said she gave birth at the clinic. She declined to speak with The Miami Herald, which is not publishing her name to protect her privacy.
She told police she went for an abortion on July 19 and clinic employees gave her drugs to begin dilation. The next day, the teen said, she went to the clinic to complete the procedure. When she told the clinic staff she wasn’t feeling well, they put her in a recovery room while she waited for the doctor to arrive.
In the recovery room, she said, she suddenly gave birth.
She told detectives she saw the baby gasping for five minutes as clinic staffers began shrieking, according to a search warrant.
On July 22, detectives searched the clinic — but did not find the baby. Five days later, a source told police the baby had been tossed on the roof of the one-story strip mall.
On July 28, investigators raided the clinic again. This time, they found the baby inside a red biohazard bag in the clinic.
The report done by Satish Chundru, an associated medical examiner of the Miami-Dade Medical Examiner Department, noted in the biological mother’s history that the 18-year-old had had three pregnancies, “one abortion, one miscarriage and this birth.” Yep, a professional breeder.
And here come the lawyers. If the child was less that 24 weeks old then the child was a fetus and non-viable – and therefore no “death” occurred.
An autopsy on the body of a baby girl found at the Hialeah, Fla., abortion business shows her arrival is being considered a birth, but it also notes that her cause of death was “extreme prematurity.” Therefore a rigorous court battle will ensue.
‘This has to be a homicide, an unlawful killing. It could be manslaughter, but we believe it falls in that realm,” Hialeah police Deputy Chief Mark Overton said.
Legal experts said the case will be hard to prosecute, given the conflicting sonograms and the medical standards.
”If there’s going to be conflicting testimony about viability, and I suspect there is, they may not have enough probable cause for a homicide case,” said Bruce Winick, a professor of criminal and constitutional law at the University of Miami.
After the baby was born, Belkis Gonzalez, co-owner of the clinic, cut the umbilical cord and put it in a red biohazard bag, the warrant said.
Then ”Gonzalez swept the baby, with her hands, into the same red bag along with the gauze used during the procedure,” the warrant says.
The doctor scheduled to perform the abortion was not in the building when the woman gave birth, nor did anyone present have a healthcare license.
A Gyn Diagnostics, fetus, Hialeah, abortion
