Edelin Is Still Waiting

In April 1974 Dr. Kenneth C. Edelin was indicted for manslaughter after he performed an abortion without attempting to save the life of the fetus, aged somewhere around 24 weeks. After a trial necessarily involving the participants' personal moral judgements, the court found Edelin guilty on February 15, 1975.

The Boston City Hospital doctor appealed his case to the Massachusetts Supreme Judicial Court six months ago, and today he is still awaiting its decision. Edelin said recently he expects the court will move soon, but added he has now been expecting its decision "soon" for the past several months.

The doctor says he won't predict, or even hope, that the original court decision will be overturned. He said he was stunned when he was convicted two years ago, and is afraid to guess about the court's thinking now. "I have become a pessimist, since I was such an optimist during the trail," Edelin said. "I really didn't believe I could lost the case then."

The period of waiting has been a tense time for Edelin. Still, he said he has never swayed from his original views that the decision whether or not to have an abortion should be a private one, made by a woman and her doctor.

If the case is overturned by the state supreme court Edelin will appeal to the United States Supreme Court.

Edelin said public figures are afraid to talk of the issue of abortion, since they open themselves to attack. "It's a shame that such a vocal issue should be avoided as it is now, but every time someone takes a stand, he gets bombarded with hate mail," Edelin said.

He said he thinks his case has had a substantial impact on other doctors in the city who perform abortions. Doctors screen patients more carefully, Edelin said, often avoiding second trimester abortions.

Edelin refused to discuss whether he still performs abortions, in order not to violate his patients' confidence, he said.

Supporters send Edelin thousands of pieces of encouraging mail when he was indicted, and a fund set up to pay his legal his legal expenses has now received contributions totaling over $30,000.