The Baltimore Sun from Baltimore, Maryland • Page A4

Lawyers for a doctor charged with killing five viable fetuses at an Elkton clinic said in acourt motion filed Friday that Maryland lacks jurisdiction because the deaths occurred in New Jersey, and the charges should be thrown out. Steven C. Brigham, of Voorhees, N.J., faces five counts of first-degree murder and other charges. Another doctor, Nicola I. Riley, is charged with one count of first- degree murder.

Both have been freed on bail pending trial. The motion filed by attorneys Thomas Brown and former Maryland public defender Nancy S. Forster criticizes the indictment for identifying all but one of the fetuses by numbers, such as The motion also says that place where the fetal demise occurred was in New Jersey and not in Maryland, thus depriving the state of territorial jurisdiction. Unless the actual intent is to prohibit lawful abortions, the essential element of murder of a viable fetus is the actual death of the fetus and not the evacuation of the dead fetus. The death of the fetuses that are the subject of counts one through eight all occurred in New The Elkton cases mark the first time the fetal homicide law has been used to target a doctor performing an abortion.

attorneys argue that he is immune from prosecution because fetal homicide law says doctors cannot be held liable fetal deaths that occur in the course of administering lawful medical Maryland law generally prohibits abortions when fetuses have a reasonable likelihood of sustained life outside the womb, but allows exceptions when the life or health is in danger. The Cecil County attorney, who did not return phone calls seeking comment Friday, has said the case puts him in Prosecutors have not yet filed responses to motions by attorneys for Brigham and Riley. The abortion that triggered the police investigation occurred in August 2010 when an 18-year-old began a procedure in New Jersey, in which her uterus was dilated. A Maryland physicians board said the doctors had the woman drive herself to the Elkton clinic, where police said her uterus ruptured and she was rushed to a hospital. Maryland regulators have criticized Riley and Brigham for starting abortions in one state and finishing them in another.

medical license has been suspended in Maryland; Brigham was never licensed in the state. But the motion filed Friday alleges for the first time that the fetuses subject to the criminal complaint were all dead before the women reached the clinic in Elkton. Police have said they found nearly three dozen fetuses in the freezer, some at 20 to 35 weeks of gestation. Last week, attorneys filed a motion arguing that the state law is illegal because it counters a constitutional right to have an abortion. They contended that the law was really aimed at curbing domestic violence against pregnant women for example, in an assault that led to the death of an unborn child, a husband might be charged under the law.

attorneys echoed that theme on Friday. Atentative court date to argue motions is set for May in Cecil County Circuit Court. peter.hermann@baltsun.com Lawyers in Md. abortion murder case say fetuses died in New Jersey By Peter Hermann The Baltimore Sun 4 THE BALTIMORE NEWS AROUND THE REGION Hampstead man identified as victim in car crash 1 Police have identified the man who died Thursday morning after he was involved in a two-car accident near Owings Mills Mall. Joseph Russell Royston 25, of Hampstead was pronounced dead at Northwest Hospital in Randallstown shortly after the 7:45 a.m.

accident on Red Run Boulevard, according to a Baltimore County police spokeswoman. Royston was making a left turn from a driveway of the CareFirst BlueCross BlueShield offices in the 10800 block of Red Run into the southbound lanes when his Honda Civic was struck by a northbound Volkswagen Passat, police said. The driver of the Passat suffered minor injuries, police said. The police are investigating the accident. Kilar Six illnesses linked to raw milk from Pa.

dairy store Six people were infected with campylobacterin raw milk from the Family Cow dairy store in Chambersburg, including three in Maryland, the state Department of Health and Mental Hygiene said Friday. The bacterium causes diarrhea, nausea and vomiting and can progress to a more serious bloodstream infection, usually two to five days after exposure. The Maryland and Pennsylvania health departments are advising consumers to discard any product bought from the farm since marriage bill passed in the Senate but was pulled from the House floor when leaders found they were a few votes short of passage. Linskey Woman gets life sentence for yoga shop murder Awoman convicted of killing her co-worker at an upscale yoga clothing shop in the Washington suburbs, then spinning an elaborate lie about being attacked by two masked men, was sentenced Friday life in prison. Brittany Norwood choked back tears as she apologized to her family and that of her victim in her first public statements since her arrest in March.

A jury in November convicted Norwood of first-degree murder for bludgeoning and stabbing 30-year-old Jayna Murray, a co-worker at the Lululemon Athletica shop in Bethesda. Murray had more than 330 distinct wounds. The judge was unmoved by tears, telling the 29-year-old that her crime the worst of human He stoutly rejected defense pleas that she was capable of rehabilitation and deserved an eventual shot at freedom. mutilated this woman. And with every blow, you had a chance to think about what you were said Montgomery County Circuit Judge Robert Greenberg in imposing a sentence of life without the possibility of parole.

Press Jan. 1. The suspect milk comes in plastic gallon, half-gallon and pint containers and is sold directly to consumers at the farm and at drop-off points and retail stores in Pennsylvania. illegal to sell unpasteurized milk in Maryland, though some consumers have reported getting it at pre-determined drop-off points. disappointed that this is being made to look definite when, one, the testing been completed, and two, the test they did do came from an open jug of milk in one said Edwin Shank, who is a fourth-generation owner of the Family Cow farm.

He said never heard of a customer becoming sick from his milk, and no one on the farm has been sickened. And he said his family has been drinking raw milk from their cows 100 Cohn First lady apologizes for calling delegates 2 First lady Katie issued an apology Friday for saying that state delegates who had switched their votes on same-sex marriage last session were In a statement, the first lady said she let her get the better of regret my recent choice of said in the statement. The Associated Press reported Thursday night that the first lady, speaking at the 24th annual Conference on Lesbian, Gay, Bisexual and Transgender Equality in Baltimore, said were some cowards that prevented it from Last year a same-sex news station Coverage of the stories, breaking news and First Warning weather WJZ at 4 p.m., 5 p.m., 6 p.m. and 11 p.m. MARYLAND Day Daily843Pick 49711 Night Daily962Pick 43935 Bonus Match 505 15 19 29 Multi-Match, 07 13 34 35 36 Multi-Match: There was no winner in drawing.

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