Two doctors have been charged under a fetal homicide law after an investigation into a botched abortion uncovered 35 fetuses in a Maryland clinic's freezer, authorities said Friday, calling the case the first of its kind in the state. The doctors, Steven Chase Brigham, 55, and Nicola Irene Riley, 46, were both arrested on fugitive warrants on Wednesday, police in Elkton, Maryland, said. “They have been indicted based upon a fetal homicide statute. This is probably the first case that Maryland has ever seen with this factual scenario using this statute. It's a unique situation,” Maryland State Attorney Ellis Rollins said. The Baltimore Sun newspaper said the fetuses discovered at the clinic ranged up to 35 weeks in development. A fetus is generally considered viable at about 24 weeks. Brigham was arrested Wednesday in Voorhees, New Jersey, according to a statement by the Elkton Police Department. Riley was arrested at her home in Salt Lake City without incident, according to Lieutenant Justin Hoyal, spokesman for the Unified Police of Greater Salt Lake. Prosecutors were expected to seek their extradition to Maryland. The Sun said the case was believed to be the first use of Maryland's fetal homicide law involving medical professionals. It said the law had previously been used in cases involving the slayings of pregnant women. The newspaper said Maryland law forbids aborting a fetus deemed viable but does not define viability in terms of number of weeks of development. The investigation began in August 2010, when a young woman sought an abortion from the pair. The abortion was induced in New Jersey and the patient was then transported across state lines into Maryland, according to the Elkton police statement. The operation was botched with both Brigham and Riley present, Elkton police said, although the statement did not elaborate on the nature of complications. Riley took the woman to a nearby hospital, police said. The woman, who was not identified by authorities, survived and was later moved to Johns Hopkins Hospital in Baltimore. Both Riley and Brigham have had their medical licenses suspended by the state of Maryland, according to the Maryland State Board of Physicians.
