by Steven Ertelt
September 18, 2006
Hialeah, FL (LifeNews.com) — Prosecutors are still gathering evidence in the case of a baby who was apparently born alive following a botched abortion at a Florida abortion business. The GYN Diagnostic Center in Hialeah closed for good last month when it turned over its state-issued medical license.
Charges against the abortion business depend in part on whether the unborn child was past viability at the time of birth.
According to the Miami Herald, the Miami-Dade Medical Examiner believes the baby was at 22 weeks gestation at the time.
Assistant State Attorney Kathleen Hoague is still gathering evidence in the case, which will include two sonogram photos done on the mother before the baby was born.
‘There are lots of questions that medically I don’t have the answer to yet,” Hoague told the Herald. "You’re talking about a fetus that could be aborted legally.”
According to witnesses, an unnamed young woman went to the A Gynecologists Diagnostic Center abortion facility for an abortion. Police say the 18 year-old returned the next day complaining of sever stomach pains.
Abortion facility staff told her the abortion practitioner was not available and that she would have to wait. After being taken to a waiting area, the woman allegedly gave birth to the baby that she thought had been aborted the day before.
Officials say an anonymous caller, who they believe is an employee at the abortion business, alerted them to the birth and the infanticide of the child afterwards. However, when police arrived at the abortion facility, the baby’s body was missing.
They came back a second time and found the dead baby in a biohazard bag. Detectives say abortion facility staff likely moved the baby’s body the first time to avoid detection.
Hialeah police Deputy Chief Mark Overton told the Herald "’They hid the body from us for eight days," and there is suspicion that abortion facility staff hid the body of the baby on the roof for eight days.
Overton said homicide or manslaughter charges could be filed and Hialeah police are pushing for charges saying the staff should have called 911 or sent the teen to a hospital.
”This has to be a homicide, an unlawful killing. It could be manslaughter, but we believe it falls in that realm,” Overton said.
But Hoague needs at least three weeks to compile the medical information and there may be no conclusion as to whether the baby was in fact born alive because the body of the baby is so badly decomposed. If the baby wasn’t likely to survive, then there may be no charges in the case.
Lesser charges related to the disposal of babies who die from abortions or state health and safety codes could come into play against the owner or staff.
Regina DeMoraes-Millan, a lawyer for the abortion business, told the Miami Herald at the time that no crime was committed and that the teen had a successful abortion and no complications.
”My clients run an abortion clinic. It’s a legal business,” she said.
The city was preparing to take action on the license suspension but before it could do so the owners of the abortion facility surrendered its license to operate to the state’s Agency for Health Care Administration, according to the Miami Herald.
Giving up the license means the abortion facility cannot practice medicine in the state John Travers, the city’s licensing administrator, told the Herald.
Belkis Gonzalez of Miramar, Florida, owns the abortion facility and another in Miramar, which has run afoul of state regulations on numerous occasions. It was closed last year after three employees were found to be unlicensed.