By: Mary Mostert, Analyst
July 15, 1998
The Associated Press reported last week, (July 9, 1998), that a doctor in Phoenix who thought he was performing a partial birth abortion on a "23-week fetus realized in the middle of the procedure that the pregnancy was much further along and instead delivered a full-term baby."
Police and the Arizona Board of Medical Examiners were investigating Dr. John Biskind and the June 30 birth (or botched partial birth abortion, depending on one's point of view) at the A-Z Women's Center, which terminates pregnancies through the 24th week.
The 6-pound, 2-ounce girl suffered a skull fracture and cuts on her face and remained hospitalized two weeks after her birth. A partial birth abortion takes place when the abortionist crushes the baby's skull, and/or drills a hole in the base of the baby's skull and suctions out his or her brains. However, officials refused to comment on her condition and police spokeman Sgt. Mike Torres said, "At this point, it doesn't appear anybody will be charged with anything,'' A Texas couple plans to adopt the girl, the article said.
The 17-year-old who came in for an abortion, but left as a mother, went to the clinic June 29 looking for a partial birth abortion, in which, according to AP, "the fetus is partially delivered through the birth canal and then destroyed." Ultrasound testing at the clinic determined her fetus was 23.6 weeks, the article said. However, during the abortion procedure the next day, Biskind realized the pregnancy "was much further along, halted the abortion and delivered the infant" according to the police.
In 1996 Biskind was censured by the Medical Board after a patient bled to death following an abortion and was reprimanded in 1990 by the Medical Board for misdiagnosis and prescribing the wrong medication.
Dr. Carolyn Gerster, a Phoenix physician who is chairwoman of Arizona Right to Life, said the average weight for an unborn child at 24 weeks gestation is about 2 pounds at 24 weeks and at 36 weeks into the 40 week gestation period the baby is about 6 1/2 pounds.
"I don't know how such a grave error could be made in estimating the size,'' she said. ``There shouldn't be that kind of discrepancy in an ultrasound. It's horrendous.''
I remember, back in the days when abortion was illegal, a lawsuit brought by the bereaved parents of an unborn child who died as the result of an automobile accident. It was ruled that the miscarriage which resulted from the mother's injuries was "manslaughter" - and the driver of the other car received the normal punishment for "involuntary manslaughter."
In this incident the baby lived - but is injured. And, it would be hard to call it anything but premeditated
So, crushing a baby's skull and disfiguring her for life does not violate any laws that anyone can think of over in Arizona, but in North Carolina, it is a crime to display a marble plaque of the Ten Commandments in any public building, evidently, except the Supreme Court.
Richard Suhre, an 87 year old atheist told a court today he was "appalled" at the marble tablets bearing the Ten Commandments that hang in a county courtroom. He has been fighting to remove the commandments display for four years, finally got to bring his case to trial today in U.S. District Court.
Suhre testified in court yesterday: "I am appalled. I am repulsed. They have the laws of Moses prominently displayed where they have the law of North Carolina adjudicated, and they do not mesh. I see the state is promoting a religion."
Now Suhre is claiming that HIS religion, atheism, is being infringed by a display of The Ten Commandments. He wants the State to defend HIS religion by telling the people whose religion includes the Ten Commandments that they can't publicly display them. The court decision sent the problem back to U.S. District Court Judge Lacy Thornburg, who twice threw it out. Thornburg had ruled that Suhre never showed he was injured by the display. But the appeals court said Suhre had sufficient interest as a county citizen to pursue his claim. Of course, the American Civil Liberties Union has agreed to pay Suhre's attorneys' fees in the trial, which Thornburg is presiding over without a jury.
A retired electrical engineer, Suhre encountered the tablets hanging on the wall of the main courtroom while defending himself against criminal charges of telephone harassment. The charges were filed after he called his neighbors every time their dogs barked. He lost the case in Haywood County District Court and appealed to Superior Court, where he lost again. Since filing the case, Suhre said his house has been vandalized and he has been ostracized.
"They say things like they're praying for me," Suhre said of prank calls and unsigned letters. "Oh, do I have a lot of people praying for me."
One wonders how Suhre will cope should his case reach the Supreme Court, if a copy of the Ten Commandments repulses and appalls him. There's a copy of those offensive Commandments carved into the granite wall of the Supreme Court, right behind the Chief Justice's chair.
Perhaps the most bizarre part of the story was the notation that they had tried to settle the matter out of court by agreeing to "five commandments." That's downright intriguing. Which five should be eliminated? Probably, based on the calm acceptance of the Arizona attempted murder of an infant, one that could be quickly tossed out is "Thou Shalt not Kill." And, if we read the polls right, cetainly the one that says, "Thou Shalt Not commit adultery" could be tossed. There may be more couples living in adulterous relationships in America than in married relationships.
That's two down and five to go. The next obvious Commandment to retire surely would be "Thou Shalt Not Steal." At least, in California it would appear the logical next one to go. The majority of the state voters in June voted that it was OK for Labor Unions to steal money from its members to defeat candidates 40% of the Union Members support - the Republicans. The Fourth Commandment that Americans surely could do without would probably be, "Thou Shalt Not Covet thy neighbour's House, his field...or any thing that is thy neighbour's." How could the advertisers ever SELL anything if it was illegal to encourage coveting? The Fifth Commandment to scrape obviously would be the one that, if enforced, would have defeated not only President Clinton at the polls, but most of the Congress: "Thou Shalt Not Bear False Witness Against thy Neighbour."
Apparently ignoring the Ten Commandments, which is what most Americans seem to do these days, is not sufficient. What Suhre and his ilk are demanding is the establishment of their religion of atheism via adjudication.
What I can't figure out is why they bother to spend money on lawyers to speed up the process considering how few of us these days really believe the Ten Commandments enough to actually live them.
To comment: mmostert@waveshift.com