Edelin Denounces Prosecutor For 'Gross Misuse of Office'

Dr. Kenneth C. Edelin said last night the district attorney who successfully prosecuted the Boston physican in an abortion-related namslaughter trial was guilty of "gross misuse of public office."

Edelin said Newman A. Flanagan, assistant district attorney of Suffolk County, used "evidence of the most inflammatory kind" in indicting and prosecuting him one year ago.

Edelin spoke to about 50 student at a South House dinner, and later addressed 100 people in the Geological Lecture Room.

A country superior court jury declared Edelin guilty of manslaughter on February 15 for the death of a fetus in a legal abortion he performed in 1973.

Preparing Appeal

Edelin said he and attorneys William P. Homans Jr. '41 and Charles R. Nesson '60, professor of Law, are preparing a brief to appeal the manslaughter conviction for submission to the state's Supreme Judicial Court in July.

A defense funds has raised over $65,000 to pay for his defense in the original trial, Edelin said, but the appeal will cost another $70,000 to $100,000.

Oral arguments in the appeal will be heard in September, Edelin said.

The Weight of Evidence

The defense brief will argue "points of law," he added, "not necessarily points of fact."

"We will demonstrate the verdict went against the weight of the evidence." Edelin declared, "that the photograph of the aborted fetus [introduced into evidence by the prosecution] was of no probative value, and that a person must be notified his act can be a crime before he is charged."

The obstetrician said there was racism in both the selection of the jurors and their later deliberations. The all-white jury in the Edelin trial consisted of 13 men and three women.

"All but one of the 16 jurors were against busing." Edelin said of his original trial. He also said there were racial slurs made in the jury room.

The physician said only four of the original 69 prospective jurors were black. that Maguire dismissed two and that prosecutor then challenged the remaining two blacks.

He obviously didn't want them on the jury," Edelin said of Flanagan

Edelin charged that Flanagan prosecuted him because of the prosecutor's personal opposition to abortion.

He said the jury had difficulty in understanding the medical testimony in the trial.

"I know they didn't understand," Edelin said.

"Flanagan made it an emotional trial," he added. "It the case were decided on the facts. I'd have been acquitted."

The prosecutor could not be reached comment last night