Melissa Ann Rowland pled guilty to child endangerment in the Utah murder-by-failing-to-have-c-section case. I expressed doubts about the merits of the charge here, primarily because to recognize the cause of action would require the defendant to have placed herself at risk (surgery is risky) to save another (the baby, presuming the whole "is it a person" issue were ironed out in the prosecutor's favor). Normally we don't require people to place themselves at risk to act as good samaritans, much less charge someone with a crime for failing to do so. This issue seems to have been glossed over, as each side in the abortion debate rushed to claim her as a classic example of the morality of their respective positions.



In reading between the lines, it appears they used the fact that cocaine was in her system when she delivered to support the child endangerment charge. She had admitted using cocaine. That negates the whole "good samaritan" issue and puts it straight back into the abortion-rights arena.



I am troubled by the article here that indicates she was feeling pressured by a lack of medical care to plead to anything in order to get out of jail. This correlates with the AP article's report here that her attorney said: "She decided it was in her best interest to resolve the case as soon as possible, and I support her in the decision she made." However, laws allowing child endangerment charges for drug use during pregnancy have been allowed to stand, at least so far. The charge pled to did have a basis in fact, even if I still disagree on the murder charge.