ONTD Political

After Fetus Is Found in Trash, a Rare Charge of Self-Abortion

12:20 am - 12/04/2011
A superintendent in Washington Heights was tying up a garbage bag on Tuesday evening when he felt an errant piece of plastic. He reached into the bag to put it in the recycling bin, and to his horror, he said, “that’s when I saw the baby.”

The police said Thursday that they had charged Yaribely Almonte, 20, who had lived in the building, with self-abortion in the first degree, a misdemeanor charge that has been used only a few times in New York State. Although it was unclear how old the fetus was, the charge applies when the abortion occurs after 24 weeks of pregnancy, when it is legal only if a woman’s doctor says her life is in danger.

“When I found the baby, I didn’t know if it was real at first,” said the superintendent, who declined to give his name. “It was so bad.

“After that happened, I just stayed in my apartment for a while because I didn’t feel well.”

He said Ms. Almonte had rented a room in the building, at 191st Street and Wadsworth Avenue, for a short while and had moved out recently. She was not very talkative, he said, and he believed that she had dropped out of school a few years ago.

Abortion rights advocates say that home abortions, with medications like misoprostol or herbal concoctions, are a phenomenon in Latin American cultures, despite the widespread availability of safe, legal abortions in New York City. They may happen because of a lack of insurance, but also because the women mistrust the medical system, the experts said.

“It’s been well discussed in the Latino community that there’s an issue about health and safety and the use of medication outside of a doctor’s care for pregnancy termination,” said Elizabeth Toledo, a public relations consultant for abortion rights groups.

The police said the fetus was born dead, and a law enforcement official said it was male, with the umbilical cord still attached. They did not offer any details of a motive but said they based their charge on Ms. Almonte’s own statements.

Ms. Almonte was released and is due back in court Jan. 3. She could not be located for comment on Thursday, and it was not clear who was representing her.

“This woman has my sympathy,” Greg Pfundstein, executive director of the Chiaroscuro Foundation, an anti-abortion group, said Thursday. “This appears to be a clear case of desperation.

“I wish she had known there are people who would have helped her through this, including the New York Catholic Archdiocese.”

He added that the archdiocese, through Archbishop Timothy M. Dolan, “recently renewed its pledge to help any woman who finds herself pregnant and in need.”

The state’s Division of Criminal Justice Services said that since 1980, four other women had been charged with self-abortion in the first degree or in the second degree, a lesser charge that can apply when the attempt is not successful. Three of those cases, from Nassau County in 2006 and 2010 and from Monroe County in 2000, ended in dismissal.

A first-degree case in Wayne County in 2006 resulted in a sentence of conditional discharge, meaning the charge would be dismissed if the woman did not get into trouble again.

Source
odette_river 4th-Dec-2011 10:11 am (UTC)
“I wish she had known there are people who would have helped her through this, including the New York Catholic Archdiocese.”

:\

Catholic Church, you have a ways to go if you want this dream of yours to become a reality.
the_gabih 4th-Dec-2011 11:44 am (UTC)
MTE

Frankly, if I was facing an unexpected pregnancy, the last people I'd turn to would be the Catholic Church.
koken23 4th-Dec-2011 12:18 pm (UTC)
On the other hand, if she's Latina (as this article says she is) then her parish priest could well be one of her most important people. She may well have wished she could go to them.

Not all Latin@s are religious, of course, but the church often does hold a very big place in our hearts. This poor woman...she faced a very hard decision, and apparently she thought she was alone. :(
the_gabih 4th-Dec-2011 12:50 pm (UTC)
Fair point- and that does sound like a really horrendous situation to be in. I'm not Latina, but my church is like an extended family to me, even though I know I could never turn to them for problems like that because I know the only advice I'd get (regardless of circumstance, unless the baby was likely to kill me) would be to carry it to term. Trying to imagine how alone she must have felt is heartbreaking.
lisaee 4th-Dec-2011 11:47 am (UTC)
Seriously. They're hardly impartial. Seeking advice and support doesn't necessarily mean seeking a free cot and some wishy washy reassurance about the 'sanctity of life'.
benihime99 4th-Dec-2011 11:12 am (UTC)
This is... disturbing.
But I'd be interested to know how they will charge her, if they charge her... I'm not sure they should though
Abortion is treated so differently according to the country
lisaee 4th-Dec-2011 11:45 am (UTC)
She was obviously incredibly desperate if she a) self-aborted, and b) did it after 24 weeks. Perhaps they should be attempting to find out why she did it, instead of, at this time, further punishing someone who seems scared and uncommunicative.
katiechainsaw 4th-Dec-2011 12:17 pm (UTC)
This.
pluckygirl 4th-Dec-2011 12:32 pm (UTC)
This.
not_emily 4th-Dec-2011 05:03 pm (UTC)
+1
msloserrific 4th-Dec-2011 06:10 pm (UTC)
Definitely.
tabaqui 4th-Dec-2011 06:59 pm (UTC)
Totally agree.
lizzy_someone 4th-Dec-2011 10:28 pm (UTC)
Yeah, I'm having a hard time imagining someone going, "You know what would be awesome? GIVING MYSELF AN ABORTION LOL." It must have been dire circumstances.
angelofdeath275 4th-Dec-2011 01:57 pm (UTC)
God I feel terrible for the superintendent who saw the fetus, and the women who felt her only option was to self-abort :(
romp 4th-Dec-2011 08:44 pm (UTC)
THIS

It's as if the current system isn't working.
sunhawk 4th-Dec-2011 03:13 pm (UTC)
“I wish she had known there are people who would have helped her through this, including the New York Catholic Archdiocese.”

"helped" her how exactly - by trying to guilt her into keeping the baby and telling her it's a sin to get an abortion blah blah blah? HMMM WONDER WHY SHE DIDN'T CONTACT THEM
johnjie 4th-Dec-2011 10:32 pm (UTC)
yeah pretty much
shellazure 4th-Dec-2011 03:32 pm (UTC)
NGL, I was shocked when I saw that she was in NY. I thought for sure this was going to be an article about a woman in the middle of Mississippi or some other state with little/no access to family planning clinics. Now I'm left wondering about her situation and what sort of help she needs to be given rather than being charged.
skunk 4th-Dec-2011 03:57 pm (UTC)
I suspect it was related to financial difficulties, at least in part. While they're more affordable than a vast majority of other medical procedures, you're still looking at a minimum of $300, and that is for the earliest, more basic procedures.
msloserrific 4th-Dec-2011 06:11 pm (UTC)
That's the possibility I came up with as well, but I have no idea what the pricing options are in NY.
violetrose 4th-Dec-2011 09:59 pm (UTC)
Are there any options for those on a low income or who can't afford an abortion?
skunk 4th-Dec-2011 03:56 pm (UTC)
I find it extremely disturbing that this is something you can be charged for.

This isn't a case of infanticide - the fetus was stillborn according to police. This isn't a case of someone without a medical license performing an abortion on someone else. This is a woman who was obviously desperate and in a dire situation, performing a procedure on her own body. Obviously we shouldnt be encouraging self-surgery, but making safe, abortions available to those who need them.

Pressing criminal charges against a woman whose options were so scarce that she resorted to self-aborting? That helps no one.

leprofessional 4th-Dec-2011 06:10 pm (UTC)
An emphatic THIS. wtf are they thinking?
saintly_heretic 4th-Dec-2011 07:35 pm (UTC)
mte, very well put
doverz 4th-Dec-2011 08:15 pm (UTC)
Man, if this woman actually was able to get an abortion without having to pay anything, this wouldn't have happened. Just think of how many more horror stories like this would happen if abortion became illegal.

But, conservatives obviously don't care about that.
skunk 4th-Dec-2011 09:01 pm (UTC)
This article has a bit more information on the story as well: http://www.dnainfo.com/20111201/washington-heights-inwood/mother-of-fetus-found-alley-charged-with-selfabortion

"Almonte, who also has a 3-year-old daughter, told investigators that she had taken an herbal tea before delivering the baby, who was stillborn."

So a 20 year old woman who already has a child and can only afford to rent a single room for the two of them takes an herbal tea to abort (presumably, even though her statement said nothing about intent), and gives birth to a stillborn. And she is being charged under NY law that states abortion after 24 weeks is "murder". Give me a fucking break, NY. Who exactly are you protecting here? It certainly isn't the mother, nor her already living, breathing three year old child.


Edited at 2011-12-04 09:03 pm (UTC)
forwhataim 4th-Dec-2011 11:05 pm (UTC)
Dang I kinda wish I hadn't just read this additional information about her daughter because it makes me sadder. I really don't understand this law or some prosecutor actually charging her.
mariechan 5th-Dec-2011 03:55 pm (UTC)
Yeah, there's no real clear answer if intent factors into this, or even if the tea caused the abortion. I hope this doesn't set some precedent where women can be charged for manslaughter depending on what they eat and drink. Miscarriage is unpredictable enough as is :/
violetrose 4th-Dec-2011 10:03 pm (UTC)
Fucked up.

Arresting this woman is just cruel and inhumane, and the fact this is a crime you can be charged with is ridiculous. It doesn't help anyone.
hammersxstrings 4th-Dec-2011 11:03 pm (UTC)
yeah well, make abortion completely illegal, and this is going to happen a lot more. asshats
kyra_neko_rei 5th-Dec-2011 03:18 am (UTC)
“I wish she had known there are people who would have helped her through this, including the New York Catholic Archdiocese.”

Because of course it's about a lack of knowing, and not at all about not wanting what they call "help."
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