Abortion Practitioner Under Probe Where Aborted Baby Found

State   |   Steven Ertelt   |   Apr 25, 2011   |   1:39PM   |   El Paso, TX

Last week, local pro-life advocates discovered the body of an unborn child victimized by an abortion in the parking lot of the Hilltop Family Planning Clinic in El Paso, Texas.

The facility is one of the abortion businesses operated by abortion practitioner Franz Theard, who is currently under investigation by the state medical board for numerous violations after an Operation Rescue investigation employing undercover phone calls showed him willing to violate Texas’ abortion laws.

The remains of the aborted baby, including discernible arms and hands, feet and legs, were discovered on Friday by the abortion clinic’s neighbor after his dog began to root in the trash near the Hilltop abortion center’s dumpster. He bagged the remains and later gave them to sidewalk Counselor Gaby Federico, of the pro-life group Live Action.

The police were called and the Medical Examiner arrived. The alley where the remains were discovered was cordoned off with red crime scene tape. Police investigators told reporters that the remains appeared to be that of a 9 to 12 week old unborn child. Since the body parts were from an abortion, the police have refused to investigate further and handed the remains over to the Department of Health for disposal.

This upset pro-life supporters who wanted to give the aborted child a proper burial. Reportedly, the Bishop of El Paso, Armando Ochoa, heard about the incident and went to the scene to offer to provide funeral services for the baby.

Operation Rescue president Troy Newman told LifeNews.com, “The Texas agencies appear to be giving pro-life supporters the same run-around they gave us when we documented illegal dumping of biohazardous material at other abortion clinics in that state.”

Newman said this incident “only adds to his troubles” after his group’s investigation found Theard had “a willingness to coach minor girls how to evade parental notification laws.”

“We will be contacting the Texas Medical Board to inform them of this obvious case of illegal dumping of human remains,” said Newman. “They can add this incident to their ongoing investigation.”

One of the undercover conversations recorded with a receptionist named “Lupa” at the Hill Top Reproductive abortion center where the aborted baby’s remains were found was disturbing.

The caller posed as a 17-year old minor who wanted an abortion and the receptionist quickly scheduled an abortion for her for the following Saturday at 9:00 am and told her to bring and I.D. and $460. Then the abortion center staff helps the caller evade Texas law.

Caller: Can I get a note for the doctor? Um…
Lupa: Why?
Caller: For school?
Lupa: [Unintelligible]—school?
Caller: ‘Cuz I’m still in high school.
Lupa: How old are you?
Caller: Seventeen.
Lupa: If you’re 17, your parent needs to come with you.
Caller: Oh, uh, I don’t want the–
Lupa: Do they know you’re pregnant?
Caller: No. No.
Lupa: We have another clinic. It’s in Sunland Park in Santa Teresa–
Caller: Santa Theresa where?
Lupa: Uh-huh. There you don’t need an appointment and you don’t need your parents. You could go on Tuesday.
Caller: On Tuesday? Oh.
Lupa: Yes, and it will be at 1:30.
Caller: 1:30? With the same doctor?
Lupa: Yes, ma’am.
Caller: Okay. So on Tuesday, in Santa Teresa I can go–?
Lupa: –address?
Caller: I need the address.
Lupa: It’s 5290 McNutt Road.

Lupa then assures the caller that she will see Dr. Theard and that she does not need to tell her parents.

“Santa Teresa is a community across state lines from El Paso in New Mexico, where abortion laws are essentially non-existent,” Operation Rescue president Troy Newman says. “It has become obvious that Theard keeps this clinic open for the purpose of circumventing Texas abortion laws that require minors must have the consent of their parents before abortions can be done.”

“If encouraging a minor to cross state lines to evade the laws of her home state isn’t illegal, it ought to be,” said Newman. “Those laws were enacted to protect young girls and to protect the integrity of the family and parental rights. Theard is openly defying the intent of the Texas legislature and trampling the rights of parents while profiting off the vulnerability of their underage daughters. It’s really quite despicable.”

A complaint has already been filed with the Texas State Department of Health and the group says an investigation is underway.

“Our heart breaks for this baby who died alone and unloved,” Newman concludes. “This vulnerable and innocent little one deserved better than to be brutally dismembered then discarded like trash. The reality is that this is what happens to almost all babies aborted in this country. But perhaps in death, we can give this child the dignity that was denied him or her in life, by using this tragedy to expose the abortion clinic’s illegal activity and, prayerfully, close it for good.”