Mother involved in Norfolk, NE abortion case wants two charges quashed
MADISON, Neb. (KTIV) - A judge will decide November 4th on a motion to quash two of the criminal counts facing a Norfolk, Nebraska mom charged with illegally performing an abortion.
Prosecutors say Jessica Burgess ordered abortion pills on the internet for her then-17 year-old daughter, Celeste, to take to abort her fetus.
During an evidentiary hearing, on Wednesday, Burgess’s attorney asked the judge to quash the charge of “concealing the death of another person.” The attorney argues, under Nebraska law, an unborn fetus is not a legal “person.” The attorney says fetuses delivered by miscarriage or abortion are not legally “persons” under Nebraska law.
Burgess’s defense attorney also wants the abortion charge quashed. The attorney says since co-defendant Celeste Burgess was a minor at the time of the abortion Jessica Burgess was permitted to make legal decisions about her daughter’s health. So, the attorney says Jessica Burgess should be protected by the exception to the violation.
The trial for Burgess is set to start December 12th.
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