The judge in the Biskind abortion/manslaughter case has decided that the prosecution isn't allowed to present a key piece of information to the jury: That the fatal abortion Biskind performed on Lou Ann Herron was an illegal third-trimester abortion.

Superior Court Judge Michael O. Wilkinson declared the information to be prejudicial because if the jury were to be informed that Biskind was deliberately killing a viable fetus, this would "give the jury the jury the impression that Dr. Biskind knowingly committed murder, and one he's never been accused of."

One could, of course, ask why Biskind wasn't also charged with murder of the viable fetus.

The information is very much relevant to Biskind's manslaughter trial because it would demonstrate:

• Disregard for the law
  
• Disregard for the safety of Lou Ann, in that he undertook an extremely risky procedure in an unsafe setting
  
• Disregard for human life

The judge had also previously ruled that the jury must be kept in the dark about previous reckless and dangerous acts by Biskind, for which he'd been disciplined by the medical board: High Court Blocks Info From Biskind Jury

In order to win the case, the prosecution needs to demonstrate to the jury that Biskind showed reckless disregard for Lou Ann's safety, and the fact that he proceeded with a risky, illegal post-viability abortion in a clinic setting, without proper backup facilities, is a key factor in proving that. Denying the jury this information is akin to withholding the information that a driver was legally drunk at the time he caused a fatal accident.

Judge warns prosecutors in abortion doctor's trial

News Archives

How helpful was this site? Take the Pro Life Views Visitor Satisfaction Poll.