Rowland Waives Right to Preliminary Hearing

Rowland Waives Right to Preliminary Hearing


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SALT LAKE CITY (AP) -- The woman charged with murder for ignoring doctor's advice to get a Caesarean section to save the lives of her unborn twins waived her right to a preliminary hearing Monday.

Melissa Ann Rowland's decision clears the way for a hearing Wednesday during which she's expected to enter a plea in the case.

Third District Court Judge Paul G. Maughan asked Rowland during her brief court appearance if she understood what waiving the hearing meant.

"Yes, your honor," replied Rowland, wearing handcuffs and a yellow prison jumpsuit.

A preliminary hearing determines whether there is enough evidence to bring Rowland's case to trial. Prosecutors must show probable cause that the crime was committed by the accused.

Rowland's attorney, Michael Sikora, declined to comment on the decision.

If Rowland pleads innocent on Wednesday, a trial would have to be scheduled within 30 days under Utah law, said Kent Morgan, a spokesman for the Salt Lake County District Attorney's office. The time frame could be extended if Sikora requested more time to prepare, Morgan said.

Rowland, 28, has been charged with one felony count of murder for repeatedly avoiding the recommended surgery. She eventually gave birth by C-section to twins, one of which was stillborn. The surviving baby, which has been adopted, was found with cocaine and alcohol in her system.

Prosecutors say Rowland acted with "depraved indifference to human life" in delaying the surgery. Charging documents show that Rowland sought medical attention on four different occasions between Dec. 25, 2003 and Jan. 9, before eventually consenting to emergency surgery four days later.

Women's advocacy groups have criticized prosecutors for targeting a poor, possibly mentally ill woman. Supporters say Rowland has the right to make her own medical choices and that the murder charge is a backdoor effort to strengthen fetal rights.

Prosecutors have denied the case is about abortion rights and have called Rowland "callous and indifferent."

(Copyright 2004 by The Associated Press. All Rights Reserved.)

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