OK, I Didn't Expect This in Maryland

But two doctors have been charged with fetal homicide for late term abortions:

Two doctors who Maryland authorities say botched an abortion last year in Elkton have been indicted on murder charges — in what appears to be the first use of the state's fetal homicide law involving a medical professional performing surgery.

"We're in uncharted territory," Cecil County State's Attorney Edward D.E. Rollins said Friday. He declined to comment further because the indictment remains sealed until the suspects are arraigned in Maryland. They were arrested Wednesday in New Jersey and in Utah.

Dr. Steven Chase Brigham, 55, of Voorhees, N.J., faces five counts of first-degree murder, five counts of second-degree murder and one count of conspiracy to commit murder. Dr. Nicola Irene Riley, 46, of Salt Lake City faces one count each of first- and second-degree murder and conspiracy to commit murder.

Authorities would not describe the indictment in detail. A statement from Elkton police says some of the charges relate to an abortion that went awry 16 months ago. Detectives investigating that case — in which a teenager had to be rushed to a hospital and survived — said they found nearly three dozen late-term aborted fetuses in a freezer in Brigham's Elkton clinic.

Maryland is one of 38 states with a fetal homicide law. But unlike many, Maryland does not define when it is too late to perform an abortion. Under the law, enacted in 2005, it is illegal to abort a fetus deemed viable, or showing signs of healthy development.

In case you are wondering, Edward D.E. Rollins is a Republican, and this is fairly clearly a case where they are trying to use this as another wedge against Roe v. Wade to the Supreme Court.

What is interesting here is that they aren't charging the mothers in the conspiracy charges, when, if there is a conspiracy, they are clearly co-conspirators.

Prosecutors love conspiracy charges.  They are easier to prosecute, and they are a remarkably effective tool for turn witnesses, but we aren't seeing its use here, because this is all about an anti-choice political agenda.

I expect to see this before the Supreme Court in the next 2-3 years.