After-Birth Abortion Is Already Here. It Just Arrived With a Medical Name.
Last week, in a Bronx courtroom that drew almost no cameras, Judge Audrey Stone found Dimone Fleming not responsible by reason of mental disease or defect for stabbing her sons, Daishawn Fleming, 3, and Octavius Canada, 11 months old, to death. The prosecution stipulated to postpartum psychosis. Fleming will not go to prison. She remains in custody for a psychiatric evaluation and returns to court this month. Assistant District Attorney Tiffany Wichman explained afterward that “prosecuting mothers does not and cannot prevent these crimes from happening, but public discourse might.” The New York Times recorded the outcome in a single clause: she will avoid prison.
This morning in Plymouth, Massachusetts, a jury of nine women and three men is back for a fifth day on the case of Lindsay Clancy, a former labor and delivery nurse who killed Cora, 5, Dawson, 3, and Callan, 8 months, on January 24, 2023. She does not deny the acts. She denies responsibility for them. The Commonwealth says she sent her husband out of the house and carried out a plan. On Tuesday, the jurors told Judge William Sullivan they were unable to reach a unanimous decision, and he sent them back to keep working. Outside the courthouse, supporters in pink have treated her as the injured party, and a fundraiser for her family has drawn hundreds of thousands of dollars.
Eighteen days before the Fleming ruling, Governor Maura Healey signed the Prioritizing Patient Access to Care Act, stripping the Massachusetts 24-week abortion limit and leaving late pregnancy to a physician’s “professional judgment.” So the same commonwealth that will not mark a line at a viable unborn child is now asking twelve jurors whether three deadborn children amount to a crime or a medical episode. The jurors’ hesitation is not a failure of nerve. It is what happens when a culture has spent a generation teaching that a child’s claim on life yields when the child depends on a mother who no longer accepts the cost.
