Kentucky prosecutor drops fetal homicide charge in abortion case

A fetal homicide charge against a Wolfe County woman who police said took medicine for an abortion and then buried a “developed male infant” in a “shallow grave” near her home has been dropped, according to court filings. 

This comes after Commonwealth’s Attorney Miranda King submitted a Wednesday court filing saying that the state’s fetal homicide law precludes using it in this case. The statute says “nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child.”

The state law “unambiguously exempts the defendant, the infant’s mother,” the filing states. “The Commonwealth has no grounds to pursue prosecution of Count One based on the legislature’s clear decision to exempt and protect the defendant mother’s actions in this matter.” 

KY police say woman buried ‘developed male infant’ after medication abortion

Kentucky State Police charged the woman, Melinda S. Spencer, 35, with fetal homicide as well as abuse of a corpse and tampering with physical evidence. The latter are both Class D felonies. It’s unclear how far along her pregnancy was. She has now also been charged with concealing the birth of an infant, a Class A misdemeanor. 

“A person is guilty of concealing the birth of an infant when he conceals the corpse of a newborn child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive,” the state statute says.

King, the prosecutor, said in a statement that she “sought this job with the intention of being a pro-life prosecutor” but must and will follow the law, according to media outlets. 

This story may be updated.

Read the filing