Judge finds midwife not guilty of manslaughter
Thursday, April 23, 2009
By Daniel Malloy, Pittsburgh Post-Gazette


A Butler County midwife was acquitted of involuntary manslaughter charges today for the November 2002 death of a Bloomfield infant.


Judith A. Wilson, 53, of Portersville, was found not guilty by Common Pleas Judge Donald E. Machen of the most serious charges, but found guilty of practicing midwifery without a certificate. She was fined $100.


Mrs. Wilson was hired by Jonathan and Heather Daley to perform a home birth for their first child Nov. 21, 2002, but baby Isaac came out feet first, signaling a "footling breach." Mrs. Wilson tried to coax and pull the baby out, but the baby was injured and died two days later at Children's Hospital.


The Daleys did not want to press charges against Mrs. Wilson, but prosecutors arrested her in 2004. Assistant District Attorney Lisa Pellegrini stressed in her closing argument that Mrs. Wilson should be held accountable for not calling 911 as soon as she realized it was a breech birth.


Mrs. Wilson, instead, asked Mrs. Daley if she wanted to go to a hospital, and she declined.


Although Judge Machen found Mrs. Daley not guilty of involuntary manslaughter and endangering the welfare of children, he had harsh words for Mrs. Wilson from the bench.


Judge Machen, who also is a medical doctor, said Mrs. Wilson's acts did not meet the legal standard to be criminal, but they were nonetheless "abhorrent."


"This was a difficult case not on the facts, but to be able to follow the law and not allow my emotions, my training, my experience, my education in the skill that I had in delivering children, to interfere with my decision in this matter," Judge Machen said.


"Don't misunderstand the decision in this case. I certainly don't condone your conduct. I hold you accountable, but the law does not."


Defense attorney Lee Rothman said the decision was a precedent-setting victory for unlicensed midwives across the state, who often are relied upon by the Amish community.


But, he added, Mrs. Wilson does not plan to resume her midwife practice.


Daniel Malloy can be reached at dmalloy@post-gazette.com or 412-263-1731.
First published on April 23, 2009 at 3:09 pm