Judge hears defense arguments for dropping case of alleged illegal abortion
Another hearing was held for the case against a northeast Nebraska mother accused in aiding in her daughter's illegal abortion and reportedly concealing the death.
By News Channel NebraskaMADISON, Neb. -- Another hearing was held for the case against a northeast Nebraska mother accused in aiding in her daughter's illegal abortion and reportedly concealing the death.
In Madison County District Court on Monday, District Judge Mark Johnson heard arguments from the attorney of Jessica Burgess.
Her attorney, Brad Ewalt, had previously filed a motion to drop two of the charges against her including concealing the death of another person and the alleged abortion itself.
He claimed in Nebraska State statute that a fetus is not specifically defined as a person and the charge should not be allowed.
Ewalt also said in court that since Jessica's daughter, Celeste Burgess, was 17 at the time of the alleged crimes, Jessica was legally able to make the medical decision for her daughter. This would open the possibility of having one of two abortion charges against her dropped.
It is illegal to perform an abortion after 20 weeks in Nebraska. According to court records, the mother and daughter reportedly discussed terminating the pregnancy via Facebook messages, which were later acquired by law enforcement.
Judge Johnson will make a ruling at a later date.
Jessica Burgess's trial is slated for December. A pre-trial hearing for Celeste Burgess is currently scheduled for Nov. 28, with a jury trial currently expected in January.