Accidental Life

by Pamela Binnings Ewen

  “The evidence before the court, supplemented by briefs filed by the prosecution and defense indicates the following:”

  Peter listened, his heart beating, beating, as Judge Morrow slowly and carefully described each fact in the case, in the order that it had occurred.

  At last Calvin Morrow came to the decision. He looked up and recited the next lines without even glancing at the pages in his hand. “In reaching this verdict,” he intoned, “I considered the following questions to be appropriate:

  “First, whether the expelled fetus was a ‘human being’ for purposes of Article 14:30.1. And if the answer was affirmative, then;

  “Second, whether actions or omissions of the Defendant were directly responsible for the death of the infant Chasson. And if that answer was affirmative, then;

  “Third—Did the Defendant have the requisite intent to kill or inflict great bodily harm on the infant Chasson when he failed, or refused, to provide medical assistance immediately after birth, and then wrapped a blanket around the infant’s head, covering his face?”

  He cleared his throat and shuffled the papers, putting the top one down on the desk beside him. “As to the first question—was Infant Chasson, once expelled from his mother, a ‘human being’ for purposes of Louisiana law?

  “Evidence leaves no question that Infant Chasson, a member of the specie homo-sapien, was born alive in that after complete expulsion from his mother, he began to breathe, his heart continued to beat, and two witnesses testified to seeing movement of voluntary muscles continuing for minutes after the birth. It is clear from testimony and the autopsy and pathology reports that Infant Chasson sustained life apart from the mother for an undetermined period of time.”

  Here Morrow paused and looked up. “Except for the Supreme Court decision in Roe v. Wade nine years ago, that finding would be conclusive with regard to this first question. But the Roe Court overrode all Louisiana abortion laws when it enunciated a woman’s right to terminate her pregnancy. The question then becomes, what does the Court in Roe have to say about this small human being born alive, when the mother has chosen otherwise?

  “In my consideration of this issue, the State’s brief submitted after closing arguments provided an answer.”

  Peter looked up, elated. Rebecca’s brief!

  Morrow went on. “Although the majority of the decision rendered in Roe does not deal with rights of an unborn child, the prosecution in its brief has pointed to several statements made by the Court in dicta seemingly acknowledging by implication that a line is, as the State has argued, drawn at live birth.”

  Here he looked up. “One particular passage from Roe v. Wade quoted in the State’s brief was particularly persuasive in consideration of the verdict. It is stated in the negative and it is subtle, but it is there and it is clear. I quote: ‘The law has been reluctant to endorse any theory that life, as we recognize it, begins before live birth or to accord legal rights to the unborn, except in narrowly defined situations and . . .’” Here Morrow paused, looking up as he emphasized each word distinctly, “‘and except when the rights are contingent upon live birth.’”

  He looked up and out, over the gallery. His voice was clear and firm. “Second degree murder in Louisiana requires in relevant part, at this point, the killing of a live human being. Infant Chasson’s rights as a human being to protection of his life under laws of the State of Louisiana arose immediately upon live birth, thus, they were contingent upon live birth.

  “Under the reasoning of Roe v. Wade as described above, Infant Chasson’s legal rights—including the right to life—having been vested upon him at birth, are entitled to protection by the State, and they supercede the woman’s right to choose his death. After a live birth, the woman’s right to choose life or death for the newborn infant ends. Any decision made from that point on must be made solely in the best interests of the child, and following—in this court’s view—a full and professional medical assessment of the child’s medical condition.”

  Peter heard a low hum rising in the courtroom behind him.

  “I am persuaded that this subtle, but clear, exception in the Roe decision is applicable in this case, and it creates for us a governing rule. Regardless of what any one of us may believe about when life begins, the Supreme Court has made it clear that after live birth an infant is a ‘human being’ and is entitled to all the rights of any other human being born alive in this country.”

  Here Judge Morrow looked up and for an instant, caught Peter’s eye. “This principle is well established. In Weber v. Aetna Casualty & Surety Co. for example, on certiorari to the Supreme Court of Louisiana, and in other decisions, the law is clear that the guarantees of the Fourteenth Amendment of our Constitution protect the right to life of all infants born under its jurisdiction, not merely those that are wanted.

  Again he paused, seeming to take a deep breath before adding, “Based upon the foregoing, this Court finds that under Roe v. Wade a line is drawn at birth, and that after separation from his mother, Baby Chasson was a living human being free of his mother’s choice, with a right to life. And this is true, whether the victim drew ten breaths or a thousand.”

  Peter listened, stunned at this first small victory, yet frustrated. In reality, why should the line be drawn at birth? Gatsby, and every other child on earth existed, lived, from the moment of conception.

  But that was an argument for another day.

  When Morrow glanced up as he spoke these last words, Peter saw suffering reflected in the judge’s eyes. This conclusion probably conflicted with everything that he’d believed before this trial; it was something the judge had never thought about before. Peter just stopped himself from shaking his head at the finding that should have been so obvious. Behind him Peter heard the reporters scribbling the news: The line is drawn at birth. Roe v. Wade offers protection for accidental live-birth infants.

  Judge Morrow continued. “Having concluded that Infant Chasson was a human being, and a person upon birth for purpose of meeting the first requirement of the State’s charges, we must now determine the cause and manner of Infant Chasson’s death to answer the second question.

  “The coroner’s reports do not give us an answer as to whether the Defendant’s actions directly caused Infant Chasson’s death—they merely state the medical cause of death as respiratory failure. But testimony of Nurse Clara Sonsten at trial was that the Defendant refused to allow her to render medical assistance to the infant, refused to allow her to call for an ambulance to obtain medical assistance for the infant, and then wrapped the blanket around the infant’s head, covering his face and rendering him for that moment unable to breathe. The Defendant then ordered her to take the infant out of the room and to leave him in the utility room.”

  He looked up. Morrow’s face was tense, strained. “And,” the judge continued, “the witness was concise and clear as to what she saw and heard, and she spoke under oath. Furthermore, I am persuaded that the subsequent circumstances in this case also lend support to her testimony. For what other reason would Nurse Sonsten have held the infant for over an hour in an empty room in the clinic after she left the procedure room, other than the Defendant’s refusal to render medical aid? In that regard, a second witness testified that she saw Miss Sonsten holding the infant in that room twenty minutes after the time of birth, long enough to have cleared the infant’s air passages and call for help.”

  Peter sucked in his breath and across the aisle he heard Vince McConnell do the same. Judge Morrow looked up and said, “Therefore, I am persuaded that the Defendant’s actions in covering the infant’s face with the towel, and instructing the nurse to take it to the utility room, and his inaction—his failure to render medical assistance or to permit his nurse to do the same—all led to one certain consequence that night, Infant Chasson’s death. It is therefore the opinion of the Court that the Defendant’s actions and his deliberate inaction, were
the direct causes of the death of Infant Chasson.”

  He exhaled. From the corners of his eyes Peter saw Charles Vicari turning to Vince McConnell and grasping his arm. Again Peter heard the murmuring behind him. He turned his head slightly to the right and saw the press corps bent once again over their notepads.

  Morrow picked up the last piece of paper. “And now, we are bound to consider the last element of the charge of second degree murder against the Defendant, that is, whether Charles Vicari specifically intended to kill Infant Chasson when he covered Infant Chasson’s face with the towel, and failed to render assistance to the infant, or whether this was all due to negligence.”

  62

  In the glow of the judge’s praise for the brief she’d written for Peter, Rebecca felt a deep radiating pain, at first an aching pain, and then a sharp stabbing pain. Perspiration bloomed on her face, and then a glistening rose over every inch of her flesh, covering her in a delicate sheen of moisture. As the pain continued and deepened, she muffled a cry and drawing her arms across her middle, she doubled, resting her head on the back of the bench in front of her.

  “Rebecca, are you all right?” Molly’s voice, whispering into her ear. Raising her head she could see Peter at the front of the courtroom, his attention riveted to Judge Morrow. She nodded, half-straightened, and put a finger over her lips.

  “I think it’s time,” she whispered.

  Molly’s eyes widened as she reached her arm across Rebecca’s back, holding onto her waist.

  “Can you help me up? I don’t want Peter to know. I don’t want him missing this.”

  “Well sure.” Molly’s voice trembled as she spoke, but with a glance around, she tightened her grip and said, “Lean on me and see if you can stand. If we can make it to the lobby, I’ll get my car. It’s close by, and we’ll go on to the hospital.”

  Rebecca sucked in a deep breath and nodded. “Let’s go. We’ll leave word at the desk downstairs. They can call Shauna or someone, and she’ll make sure Peter gets word when this is over.”

  “Shauna can call your doctor, too.”

  Despite the pain, Rebecca smiled. “Good idea.”

  From the bench, Judge Morrow asked the last and final question: “Did the Defendant cover Infant Chasson’s face, and withhold medical attention with the intent to kill the infant, or to inflict great bodily harm?”

  With Molly’s help, Rebecca made it through the exit door without Peter noticing.

  Judge Morrow stopped, pulled a Kleenex from a box on his desk, and wiped his brow. He looked to his law clerk. The clerk rose, left the room and immediately returned with a glass of water. The judge took a swallow of the water and set the glass down on the desk beside him.

  The room was silent as Morrow picked up the page again. “First, we have concluded that Infant Chasson was a human being, a person, under the law, with a right to life. Second, this court has held that Infant Chasson’s death was due to the Defendant’s action in covering the infant’s face with a towel, and his refusal, or failure, to render medical assistance when the infant’s life was in imminent danger and he was struggling to breathe, to live.

  “And now . . .” Peter watched as Judge Morrow took a deep breath. They’d reached the most difficult part of the court’s decision, he knew. “And now we must determine whether the Defendant’s action or inaction resulting in the infant’s death occurred with an intent to kill or to cause bodily harm. Specific intent, under Louisiana law, is a state of mind, and as such need not be proven as a fact, but may be inferred from the circumstances and the actions of the accused.

  “The Defendant claims that he could not have harbored an intent to kill Infant Chasson because he had no reason to anticipate the live birth of the victim. He claims to have been taken by surprise by the live birth. Further, Defendant claims that he had no reason to believe that medical assistance would keep the infant alive. In that regard, again, Defendant claims that Abigail Gordy’s survival was an extremely rare event.

  “Finally, the Defendant claims that he was distracted at the time that Nurse Sonsten asked permission to clear the infant’s passages and call for help, and the subsequent manner in which he wrapped the infant in the towel. His claim is that he was distracted not only by the medical needs of his patient, but also by the noise and confusion in the room caused by . . . as defense states in their brief . . . Miss Chasson’s hysterical behavior. For all these reasons, Defendant argues that it is unreasonable to believe that his actions in withholding medical assistance to the infant exhibit an intent to kill.

  “But this court finds the Defendant’s claim of distraction to be an insufficient reason for refusing to allow his nurse to clear the infant’s air passages and call an ambulance. If the Defendant was initially distracted by the confusion in the room, he was certainly alerted to the needs of the infant by Nurse Sonsten’s questions, her request to suction, her request to call an ambulance. And it was after Nurse Sonsten’s questions alerting him that the infant was still alive that he took Infant Chasson back from her and wrapped the towel around his head, covering his face.

  “As to the defense argument that the Defendant was taken by surprise by this live birth, I find that to be contradicted by testimony at trial that live birth, however occasional, is a known risk in a late-term induction procedure as testified to by Dr. Mortimer Stern, and conceded by defense witness, Dr. George Barnett. In addition, the testimony of Nurse Hamilton and Mr. Kenneth Gordy established beyond reasonable doubt that the Defendant had previous experience with a similar situation while practicing at New Hope Hospital in Chicago.

  “The evidence presented at trial establishes that when the Defendant refused to provide or allow medical assistance to Infant Chasson, and then covered Infant Chasson’s face as he wrapped him in the blanket, and further ordered Nurse Sonsten to take him out of the room, to the utility room, those actions were taken with deliberate and specific regard to that particular living human being. If he’d had any doubt as to whether the infant was alive, Nurse Sonsten had advised him otherwise. And in fact, Nurse Alice Hamilton testified that the Defendant had used almost the same words to her with regard to Abigail Gordy in another live birth three years earlier.”

  Morrow looked up, frowning. “As stated before, the Defendant’s order to Nurse Sonsten could only lead to one result. Death. Infant Chasson was a human being with a right to life. The Defendant stripped that from him.”

  Judge Morrow peered out over the courtroom. “It is a basic precept in law that we are all responsible for the reasonably foreseeable consequences of our actions.” Not a sound invaded the courtroom. “Therefore, this court finds that the evidence in this case establishes beyond a reasonable doubt that the actions, and inaction of the Defendant, Charles Frank Vicari, directly, wrongfully, and intentionally deprived Infant Chasson of his life.”

  He looked down at Charles Vicari. “The Defendant will rise.”

  Turning his head toward the defense table, Peter saw Charles Vicari still sitting, seeming to sway toward Vince McConnell. Beside him Vince reached out and caught him, bracing a hand under his client’s arm. The bailiff standing beside the jury box gave Vicari an anxious look and took a step forward. McConnell pulled his client to a standing position, and then stood beside him. With a dazed look, Vicari stared straight ahead.

  Judge Calvin Morrow looked at them both. He read the charges. Then he said, “In light of the testimony and evidence presented to this court, it is the judgment of this court that the Defendant, Charles Frank Vicari, is guilty of the crime charged of second degree murder of the Infant hasson under Louisiana Revised Statute 14:30.1 of the Criminal Code of the State of Louisiana.” He paused and motioned toward two uniformed sheriffs now standing at the door beside the jury box, where the bailiff had just been.

  “The Defendant will now be remanded into the custody of this court. Sentencing will occur on Tuesday of next week, on Dece
mber 21.”

  Morrow’s words seemed to hang in the air as the gavel banged one final time, the words lingering for minutes . . . hours . . . days . . . until the sheriffs began moving toward Vicari. The dark-haired woman who’d sat behind him reached in vain across the railing.

  And then Peter heard the bailiff’s call: “All rise . . .” and he swung back toward the bench just in time to catch a glimpse of Calvin Morrow’s ravaged face as he rose and turned away.

  Peter turned, searching for Rebecca. Mac reached across the rail and slapped his shoulder. But as he peered through the crowd behind him, looking for Rebecca, he realized she wasn’t there. And neither was Molly.

  The baby was coming! But these thoughts were quickly submerged as he turned, pushing through the gate. Even as he moved through the crowd, even with the lifting hope that this verdict would draw attention to other accidental lives needing protection in the future, even with all of that—deep inside he felt no celebration. Too many had suffered too much, for that.

  And now, all he could think of was Rebecca—already at the hospital with Molly and the doctor, he hoped.

  63

  Alice sat in the waiting room of Baptist Hospital. She’d asked Dr. Matlock if she could assist with the delivery, and he’d said fine. So, she still wore her uniform and the white cap and her comfortable shoes. In the room with her were some of Rebecca’s friends, Amalise and Jude and their son Luke. And there was Molly who’d driven Rebecca to the hospital from the courthouse.

  Detective McAndrews, Mac, was there too. And Mac had given Alice the verdict. It had taken time for the news to really sink in after all those years of living with the memories of that night. And now, a verdict.

  She closed her eyes and thanked God, at last free of the great weight. The feeling lifted her. She rose, put on her hat, slipped on her gloves, and feeling as though she were walking one inch above the floor in the waiting room, she said her goodbyes and left humming . . . Things are never bad as they seem, just believe in God.