Delivered-To: info@refuseandresist.org March 3, 1998
Dear Pro-Choice Supporter:
The nightmare of Dr. Bruce Steir, abortion physician, continues.
His preliminary hearing on the charge of murder for a patient death resulting from a complication from a 20-week abortion has concluded. On February 18, 1998 Judge Dennis A. McConaghy, an anti-abortion judge in conservative Riverside County, California has held him over for trial. His arraignment will be on March 11, 1998.
The testimony showed that despite the abortion being done by the most experienced physician (which Dr. Steir is), this complication went undetected, even with careful monitoring. Since the woman had to travel a long way, her mother, the driver of the car, did not realize that her daughter was losing consciousness.
Dr. Steir's nightmare could happen to any provider of late abortions, especially one who travels a distance to provide abortions in a conservative community. He has surrendered license, being unable to fight three legal battles at once - the battle to retain his license, the battle to prove he was not negligent, and the battle to stay out of jail.
For several years California abortion providers have been alarmed at the California Medical Board's relentless attack on physicians who do later abortions. No one could foresee these outrageous criminal charges. In hindsight, it is easy to see how, given the climate of fear, suspicion, ignorance and pressure from the largest contingent of anti-abortion forces in the state, the California Medical Board could inflame the community justice system into bringing such harsh charges.
Representatives from abortion clinics have attended all hearings and have examined all the medical records and the chart. We are fully satisfied that Sharon Hamptlon, the patient who died from an undetected perforation that bled into the abdominal cavity, was provided with competent medical treatment that met or exceeded that standard of care.
This attack is serious. The effects of this attack, even if Dr. Steir is charged with the he lowest criminal charge, Involuntary Manslaughter, can have a devastating effect on the availability of later abortion care nationally. Abortion providers understand this. We must take the lead in standing by Bruce and educating our pro-choice community about the fact that abortion is a comparatively safe procedure, but serious, sometimes fatal, complications can happen, even with excellent care.
The Dr. Bruce Steir Constitutional Litigation Fund welcomes your questions, your ideas, your participation, and your financial support.
Very Truly Yours.
Attached is a more detailed update regarding the events of Dr. Steir's preliminary hearing.
Dr. Bruce Steir Defense Committee Update, February 28, 1998
Unprecedented in the State of California, the Riverside County District Attorney has arrested and charged Dr. Bruce Steir with murder of a woman who died due to complications of a second trimester abortion. Dr. Steir is now out on $250,000 bail, had a preliminary hearing in February and was held over for trial on murder charges.
In December 1996, a Barstow woman had a second trimester abortion performed at a Riverside County clinic. She was closely monitored throughout her visit by Dr. Steir and staff. Eye witness' testimony during the preliminary hearing stated that the monitoring of vital signs and other physical symptoms showed that her condition was stable and normal when she was released from the clinic. The woman lived several hours away from the clinic, in San Bernardino County. On the drive home, the woman and her mother stopped at a fast food restaurant and continued home. When arriving home, the mother could not rouse her daughter and called an ambulance. The woman was pronounced dead on arrival at a local hospital. The autopsy revealed an undetected uterine perforation that caused the internal bleeding that lead to this woman's death.
In March 1996, Carol Downer, founding director of the Feminist Women's Health Center, organized a group of providers and supporters concerned about escalating attacks on second trimester abortion providers. Community Access to Reproductive Services (CARES) has been actively investigating the harassment and discrimination of abortion doctors by the Medical Board of California (MBC). CARES found in a recent study that nearly 90% of doctors of freestanding abortion clinics are on probation with the Medical Board. One doctor had to battle the MBC six years to retain his license. During this time, he uncovered facts that document that the MBC participated in a campaign to selectively harass and close later abortion doctors.
Dr. Steir, a Board Certified OB-GYN, has performed abortion since the Roe V. Wade decision in 1973. He has traveled extensively throughout the state providing services to women, both in urban and rural areas. He, like many abortion doctors, has worked in a variety of clinics over the years, including physician's offices, Feminist Clinics, and Planned Parenthood. He worked for the Feminist Women's Health Center in Chico, Redding, Sacramento, and Santa Rose for 12 years and served as Medical Director. His complication rate at Feminist Clinics was extremely low. He has been under attack by anti-abortion activists for many years, including threats against his life. Dr. Steir was already under scrutiny and was on probation a the time of this tragic death. Because of the death, the Medical Board wanted Dr. Steir's license. Bruce reluctantly gave up his license because he was financially unable to sustain the legal battle to keep it.
Testimony in Preliminary Hearing Disproves Inaccurate and Exaggerated Medical Board of California Investigative Reports in Sharon Hamptlon's Death
After hearing the three day testimony, feminists who attended Dr. Bruce Steir's preliminary hearing were appalled that the prosecution would be alleging negligence much less murder for and abortion related complication which was treated in a professional and competent manner. Eye witness' testimony during the preliminary hearing stated that the monitoring of vital signs and other physical symptoms did not show that Hamptlon had sustained a perforation of the uterus during the abortion, nor that she was bleeding internally. In fact, her vital signs were normal and her condition was viewed stable when she was released from the Riverside County clinic. While this death is profoundly upsetting, second trimester abortions do carry a greater risk of uterine perforation. This risk is compounded by the fact that many uterine perforations are hard to detect.
Sworn testimony by employees of the clinic contradicted Medical Board reports that Dr. Steir was rushed and inattentive the day of the incident. Testimony showed that Dr. Steir took later flights when he needed to stay longer at the Riverside County clinic. The staff testified that Dr. Steir left the clinic on his regular schedule after he had spoken with, examined and release Hamptlon form the clinic.
San Bernardino County Chief Medical Examiner, Dr. Frank Sheridan, admitted that he had initially recorded Sharon Hamptlon's death as an accident. Only after receiving reports from the Medical Board weeks later did he change his findings to homicide. Defense attorney Weinberg's questions revealed that the Medical Board reports were full on inflammatory and inaccurate information. Dr. Sheridan testified that, had he been presented with the facts as they came our in testimony, he would not have found the manner of death to be murder, but "simple negligence."
Dr. Eugene Albright, the expert brought in by the state, turned out to have relatively little experience with late term abortions. In fact, he has performed no more than a dozen comparable abortions. He also admitted under oath that he had performed these advaced-stage abortions by accident, when the patient turned out to be further along than originally diagnosed. His desired cut off for abortion procedures in 16 weeks gestation. Sharon Hamptlon was 20 weeks into her pregnancy when she sought termination.
Jeanette Driesbach, referred to in a Riverside newspaper ad an "anti-abortion spokeswoman," has a ten year history of collaborating with the Medical Board of California to eliminate abortion doctors from practice. Driesbach is the founder of "Women's Advocates" and the California Pro-Life Medical Association, who actively track abortion complications (often with the help of the Medical Board of California). Driesbach seized the opportunity of this woman's death to press for criminal charges against Dr. Steir.
Through testimony it became evident that the Hamptlon family was the target of Driesbach's anti-choice crusade. Doris Hamptlon, Sharon's mother, testified that she was working with Driesbach regarding her daughter's death. Hamptlon also testified that Driesbach connected her with anti-choice attorney, Jack Schuler, for a civil law suit against Dr. Steir on the family's behalf.
The defense attorney established, through the preliminary hearing, that reports made to the Medical Board of California were based largely on rumor and contradicted by eye witness testimony.
On Wednesday, February 18th, Judge Dennis A. McConaghy heard arguments from Riverside County District Attorney Kennis Clark and defense attorney Doron Weinberg commenting on the testimony at Dr. Steir's preliminary hearing.
Although defense attorney Doron Weinberg's effective cross-examination had brought forth testimony from all witnesses that contradicted or considerably weakened the Medical Board investigator's sensationalized reports, Deputy D.A. Clark's arguments continued to rely on these reports to prove criminal intent. She charges that Dr. Steir committed a series of "acts," such as knowingly pulling down bowel through a 1.5 cm (about half an inch) perforation in the uterus, then putting the bowel back, continuing the abortion, then not hospitalizing the patient for observation and repair surgery. These so-called known "acts" were not supported by the testimony. In fact, the medical assistant who remembers Dr. Steir saying that he may have pulled bowel denies that he ever said anything about putting the bowel back. She acknowledged that she couldn't see what the doctor was doing and testified that at the time she thought there was no problem. (Note: The autopsy report showed there was no damage to the bowel.) The D.A. urged the judge to consider the testimony of this one witness sufficient to show conscious disregard for the patient, thus justifying holding Dr. Steir over for trial.
Dr. Steir's attorney, Doron Weinberg pointed out that Deputy D.A. Clark misrepresented the testimony that Sharon's final pulse was within normal range; 92 and not 112. He argued that even the prosecution's expert witness, Dr. Albright, testified that a doctor who suspected a possible perforation would probe the uterus further. Weinberg presented Dr. Steir's actions as one who concluded there is no danger. Staff testimony showed Sharon had no unusual pain, no shivering, no vomiting. He concludes testimony show that Dr. Steir did not have knowledge of the perforation and that there is not enough evidence to hold him for murder.
Judge McConaghy's only comment at the conclusion of two and a half day's testimony and lengthy arguments was "I think there's been a crime committed here" and "I'm holding this case over for trial." Observers were shocked by the Judge's apparent lack of consideration of the complex issues on intent raised by the evidence and the arguments.
Although Judge McConaghy insisted, before the hearing, that he could be "fair," it has been learned that he holds strong anti-abortion views and regularly participated in Christian Fundamentalist prayer meetings.
Send letters to: Defense Committee: Katrina Cantrell, Carol Downer, Esquire, Dido Hasper, Shauna Heckert, Eileen Schnitger, Megan Seely
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From: SteirFund
Date: Wed, 4 Mar 1998 02:23:48 EST
Medical Board of California Exploits Woman's Death
Background
Who is Dr. Steir?
February 3, 4, 5
Expert Witness Chief Medical Examiner Initially Recorded Sharon's Death An Accident
Expert Physician Witness Has Little Experience With Later Abortions
Anti-Choice Activity Is The Drive Behind Murder Charges
Medical Board Reports Contradicted By Testimony
February 18, 1998 Closing Arguments
District Attorney's Argument
Defense Attorney's Argument
Judge's Decision in Preliminary Hearing
What You Can Do:
For directions, car pool, travel, or lodging information call Megan @ (916) 451-0621
Dr. Bruce Steir Constitutional Litigation Fund
c/o Feminist Women's Health Center
1469 Humboldt Road Suite 200
Chico, Ca 95928
(530) 891-1911
(530) 893-9347 Fax
Medical Board of California
Attn.: Executive Director
1420 Howe Avenue
Sacramento, California 95825
305 Madison Ave., Suite 1166, New York, NY 10165
Phone: 212-713-5657
email: info@refuseandresist.org